bill_id,congress,bill_type,bill_number,title,policy_area,introduced_date,latest_action_date,latest_action_text,origin_chamber,sponsor_name,sponsor_state,sponsor_party,sponsor_bioguide_id,cosponsor_count,summary_text,update_date,url
105-s-2636,105,s,2636,Clean Power Plant and Modernization Act of 1998,Environmental Protection,1998-10-15,1998-10-15,Read twice and referred to the Committee on Finance.,Senate,"Sen. Leahy, Patrick J. [D-VT]",VT,D,L000174,0,"Clean Power Plant and Modernization Act of 1998 - Requires fossil fuel-fired generating units (units) that commence operation on or before ten years after this Act's enactment date to achieve and maintain a combustion heat rate efficiency of at least 45 percent (based on the higher heating value of the fuel).  Sets such percentage at 50 percent for units commencing operation more than ten years after such date, unless granted a waiver. Authorizes units that commence operation more than ten years after this Act's enactment to apply to the Administrator of the Environmental Protection Agency for waivers of the heat rate efficiency standard.  Grants such a waiver only if the unit owner or operator:  (1) demonstrates that the technology to meet such standard is not commercially available; (2) demonstrates that, despite best technical efforts and willingness to make the financial commitment, the standard is not achievable; and (3) enters into an agreement with the Administrator to offset by a factor of 1.5 to 1, the emission reductions that the unit does not achieve because of the failure to achieve such standard.  Requires units receiving waivers to achieve the 45 percent standard. (Sec. 5) Requires units, not later than ten years after this Act's enactment and regardless of the date of construction or commencement of operation, to operate in compliance with new source review requirements under the Clean Air Act (the Act). Establishes specified emission limitations for mercury, carbon dioxide, sulfur dioxide, and nitrogen oxides from units based on the respective efficiency standards. Requires units to obtain permits under the Act that require compliance with such standards and limitations. Directs the Administrator to promulgate fuel sampling and emission monitoring techniques for use by units in calculating mercury emission reductions.  Provides for the submission of pollutant-specific reports by owners or operators.  Makes facility-specific emission data available to the public. Requires the Administrator to promulgate regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that hazards are not transferred from one environmental medium to another and that there is no release of mercury into the environment. (Sec. 6) Amends the Internal Revenue Code to provide for accelerated depreciation and cost recovery for certain investor-owned units. (Sec. 7) Provides for annual grants for capital expenditures for new publicly owned units in compliance with this Act in amounts equal to the depreciation deduction that would be realized by similarly-situated investor-owned units over the applicable time period. (Sec. 8) Establishes the Clean Air Trust Fund in the Treasury. Appropriates carbon dioxide emission taxes (established by this Act) to the Fund.  Authorizes appropriations to the Fund for additional expenditures resulting from activities under this Act. (Sec. 9) Imposes a tax of $50 per ton of carbon dioxide emitted by units with a generating capacity of five or more megawatts.  Phases in such tax gradually from 2003 through 2009. (Sec. 10) Makes certain facilities that use solar power to produce electricity eligible for the renewable energy tax credit. (Sec. 11) Expresses the sense of the Congress with respect to crediting permanent reductions in carbon dioxide and nitrogen oxides emissions in future climate change implementation programs. (Sec. 12) Directs the Secretary of Energy to fund research and development programs and commercial demonstration projects and partnerships to demonstrate the commercial viability and environmental benefits of electric power generation from biomass, geothermal, solar, and wind technologies.  Authorizes appropriations. (Sec. 13) Requires the Secretary to report to the Congress on the implementation of this Act and on provisions of certain energy statutes that conflict with this Act.  Provides for recommendations from the Secretary, the Chairman of the Federal Energy Regulatory Commission, and the Administrator for legislative or administrative measures to harmonize and streamline such statutes. (Sec. 14) Authorizes appropriations for:  (1) assistance to coal industry workers terminated from employment, and to communities adversely affected, as a result of reduced coal consumption by the electric power generation industry; and (2) development of a carbon sequestration strategy to offset growth in U.S. carbon dioxide emissions and for carrying out methods of biologically sequestering carbon dioxide.",2025-08-21T16:13:59Z,
105-hr-4834,105,hr,4834,Northwest Salmon Recovery Act of 1998,Environmental Protection,1998-10-14,1998-10-20,"Referred to the Subcommittee on Energy and Power, for a period to be subsequently determined by the Chairman.",House,"Rep. Furse, Elizabeth [D-OR-1]",OR,D,F000434,0,"Northwest Salmon Recovery Act of 1998 - Instructs the Secretary of the Interior to develop a unified plan for salmon recovery in the Pacific Northwest region whose goal is to restore sustainable naturally reproducing salmon populations to support tribal and nontribal harvest, cultural, and economic practices. (Sec. 4) Requires such plan to address:  (1) treaty, trust, and Endangered Species Act responsibilities; (2) specified statutory requirements governing fish mitigation and enhancement; (3) water quality standards under the Clean Water Act; and (4) the United States-Canada Pacific Salmon Treaty commitments. (Sec. 5) Directs the Secretaries of Energy and of the Treasury to establish an accounting system for the Bonneville Power Administration that meets prescribed criteria. Directs the Secretaries of the Interior, Energy, Commerce, and the Army to implement a specified Memorandum of Agreement and Annex adopted in 1996, including procedures for effective regional involvement and accountability in the expenditure of moneys from the Administration's fund.  Prescribes administrative procedures applicable to such Memorandum of Agreement and to the unified plan. Repeals the mandate to the Northwest Planning Council to appoint an Independent Scientific Review Panel. (Sec. 6) Directs the Secretary of the Interior to establish a Natural Resources Recovery Fund for fish and wildlife restoration in the Pacific Northwest region, and for conservation and renewable energy projects. Directs the Administrator to assess specified fees and charges to ensure that the repayment costs of Washington Public Power Supply System debt is repaid and allocated to all Administration customers. Provides that such fees and charges shall be in addition to:  (1) rates for power sales by the Administration; and (2) Administration transmission rates. (Sec. 7) Requires that all rates and charges received for the sale of electric energy by the Administration to its electric energy customers recover all federally incurred costs for electric energy generation and marketing, including meeting certain statutory responsibilities. (Sec. 8) Places the transmission of electric energy by the Administration within the purview of the Federal Power Act, and grants the Federal Energy Regulatory Commission jurisdiction over transmission rates, terms, and conditions. Requires rates charged by the Administration for electric energy transmission to be sufficient to recover all costs for compliance with specified statutory responsibilities. Prescribes procedures for cost recovery adjustments by the Administration.",2025-08-21T16:11:12Z,
105-s-2617,105,s,2617,Credit for Voluntary Early Action Act,Environmental Protection,1998-10-10,1998-10-10,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Chafee, John H. [R-RI]",RI,R,C000269,2,"Credit for Voluntary Early Action Act - Amends the Clean Air Act to authorize the President to enter into legally binding early action agreements with any person under which the United States agrees to provide greenhouse gas reduction credit usable beginning in the first compliance period during which a domestic greenhouse gas regulatory statute takes effect if such person reduces greenhouse gas emissions or sequesters carbon before 2008. Requires a participant to receive greenhouse gas reduction credit under such an agreement if such participant takes an action that:  (1) reduces such emissions or sequesters carbon before 2008; and (2) will result in an addition to the U.S. quantified emission limitation for the first compliance period under any applicable international agreement.  Authorizes agreements to entitle a participant to receive credit for a reduction or sequestration that is not creditable under such requirements and is for a project accepted before 2000 under the U.S. Initiative for Joint Implementation. Limits the period in which credit may be earned to the earlier of the earliest date on which credit may be earned for a reduction, sequestration, or comparable project under an international agreement or December 31, 2007. Grants a participant credit if, during the 1999 through 2007 period, the participant's aggregate greenhouse gas emissions from domestic sources covered by the agreement are less than the sum of the participant's annual source baselines during such period.  Treats the amount by which the aggregate net carbon sequestration for such period in a participant's domestic carbon reservoirs exceeds the sum of the annual reservoir baselines for such period as an emission reduction. Sets forth circumstances under which a participant is entitled to receive one ton of reduction credit for reductions or sequestration for 1991 through 1998. Authorizes an extension of the period during which credit may be earned if the Congress so permits by law. Entitles participants, on January 1, 2008, to one ton of reduction credit for each creditable ton. Establishes annual source or reservoir baselines equal to a participant's average annual greenhouse gas emissions from domestic sources or average level of carbon stocks in reservoirs during a 1996 through 1998 base period, with specified adjustments.  Provides for alternative base periods if data is unavailable or unrepresentative. Authorizes participants to elect a base period earlier than 1996 through 1998 (excluding years earlier than 1990) to reflect voluntary reductions made before 1996. Requires agreements to cover all greenhouse gas sources that a participant owns on the date on which an agreement is entered into. Permits agreements to exclude small or diverse sources or sources owned by more than one person. Authorizes coverage for other owned sources and reservoirs. Permits the President to enter into agreements that do not meet this Act's requirements with participants that manufacture or construct for sale to end-users equipment or facilities that emit greenhouse gases if such requirements are infeasible and such agreements would achieve comparable tonnage reductions. Permits participants to purchase credit from and sell credit to other participants and sell credit to non-participants.  Authorizes pooling arrangements under which a group of participants acts as a single participant for purposes of entering into an agreement. Requires agreements to provide that:  (1) credit earned under an agreement shall be provided in addition to any otherwise available authorizations of the participant to emit greenhouse gases in the first compliance period under a domestic statute; and (2) if the allocation of authorizations under such statute is based on the level of a participant's emissions in a historic period later than the participant's base period under the agreement, any credit to which the participant was entitled during such historic period shall be added back to the participant's emissions level for such period.",2025-08-21T16:14:16Z,
105-s-2620,105,s,2620,National Clean Water Trust Fund Act of 1998,Environmental Protection,1998-10-10,1998-10-10,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Robb, Charles S. [D-VA]",VA,D,R000295,0,"National Clean Water Trust Fund Act of 1998 - Amends the Federal Water Pollution Control Act to establish a National Clean Water Trust Fund to be composed of monies obtained through enforcement actions. Makes the Fund available for projects to restore waters from damages resulting from violations of such Act and from the discharge of pollutants. Authorizes the use of civil penalties obtained under such Act for mitigation, restoration, or other projects that enhance public health or the environment.",2025-08-21T16:13:39Z,
105-s-2610,105,s,2610,A bill to amend the Clean Air to repeal the grandfather status for electric utility units.,Environmental Protection,1998-10-09,1998-10-09,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Lieberman, Joseph I. [D-CT]",CT,D,L000304,6,"Amends the Clean Air Act to require emissions standards of performance for new or modified fossil fuel-fired electric utility units to apply to grandfathered units (units that were not subject to standards set forth in Federal regulations pertaining to fossil fuel-fired steam generators for which construction is commenced after August 17, 1971, and certain other steam generating units or to subsequent standards for such units) that:  (1) have the capacity to generate more than 25 megawatts of electrical output per hour; and (2) generate electricity that flows through transmission or connected facilities that cross State lines (including electricity in a transaction that for regulatory purposes is treated as an intrastate rather than an interstate transaction). Requires grandfathered units to comply with standards established before this Act's enactment within five years of this Act's enactment and within three years of enactment of any standard established after this Act's enactment. Directs the Administrator of the Environmental Protection Agency, to provide an alternative means of complying with such standards, to: (1) establish national annual limitations for calendar year 2003 and subsequent years for each pollutant subject to standards at a level equal to the aggregate emissions of each pollutant that would result from application of the standards to all affected electric utility units; (2) allocate transferable allowances for such pollutants to such units in an annual quantity not to exceed such limitations based on each unit's share of the total electric generation from such units in each year; and (3) require grandfathered units to meet standards by emitting no more of each regulated pollutant than the quantity of allowances held by such units for the year.",2025-01-14T17:12:38Z,
105-hr-4635,105,hr,4635,"To authorize States and political subdivisions of States to control the management of municipal solid waste generated within their jurisdictions, and to exempt States and political subdivisions of States from civil liability with respect to the good faith passage, implementation, and enforcement of flow control ordinances prior to May 16, 1994.",Environmental Protection,1998-09-25,1998-09-30,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Minge, David [D-MN-2]",MN,D,M000795,0,"Authorizes States or political subdivisions to require municipal solid waste generated within their jurisdictions to be managed at a designated facility.  Permits authority to be exercised only if the designated facility is in compliance with all applicable Federal and State environmental laws and regulations. Prohibits recovery of damages, costs, or attorney's fees in any claim against a State or local government (including a solid waste management district) based on the exercise of flow control authority authorized by this Act.  Defines ""flow control authority"" as the authority to control the movement of municipal solid waste or voluntarily relinquished recyclable material and to direct such waste or material to a waste management or recyclable material facility. Applies such prohibition to cases commenced before and after this Act's enactment date, except those with respect to which a final judgment no longer subject to judicial review has been rendered.",2025-01-02T17:51:25Z,
105-hr-4584,105,hr,4584,Environmental Justice Act of 1998,Environmental Protection,1998-09-16,1998-09-30,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Lewis, John [D-GA-5]",GA,D,L000287,10,"TABLE OF CONTENTS:      Title I:  Identification of Environmental High Impact Areas      Title II:  Enforcement Initiatives      Title III:  Community Participation      Title IV:  Identification and Prevention of Health Impacts      Title V:  Health Remedies      Title VI:  Pollution Reduction      Title VII:  Promotion of Green Space      Title VIII:  Funding Environmental Justice Act of 1998 - Title I:  Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals.  Provides for revision and republication of such list at least every five years. Title II:  Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III:  Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV:  Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. (Sec. 402) Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs.  Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that:  (1) there will be no significant adverse health impacts; (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V:  Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI:  Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution.  Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies.  Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII:  Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII:  Funding - Authorizes appropriations.",2025-08-21T16:13:16Z,
105-hr-4475,105,hr,4475,To authorize the Governors of States to limit the quantity of out-of-State municipal solid waste received for disposal at landfills and incinerators in their State.,Environmental Protection,1998-08-06,1998-08-28,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Klink, Ron [D-PA-4]",PA,D,K000270,4,Authorizes a State Governor to limit the quantity of municipal solid waste generated outside the State that may be received for disposal in the State.,2025-01-02T17:51:10Z,
105-s-2406,105,s,2406,A bill to prohibit the Administrator of the Environmental Protection Agency from implementing the national primary drinking water regulations for copper in drinking water until certain studies are completed.,Environmental Protection,1998-07-31,1998-07-31,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Hagel, Chuck [R-NE]",NE,R,H001028,0,"Prohibits the Administrator of the Environmental Protection Agency from implementing the national primary drinking water regulations for copper under the Safe Drinking Water Act until six months after the two studies conducted by the Centers for Disease Control and Prevention in the States of Nebraska and Delaware are completed, published in a peer-reviewed journal, and reviewed by the Administrator and the State of Nebraska.",2025-01-14T17:12:38Z,
105-s-2377,105,s,2377,Clean Gasoline Act of 1998,Environmental Protection,1998-07-30,1998-07-30,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Moynihan, Daniel Patrick [D-NY]",NY,D,M001054,7,"Clean Gasoline Act of 1998 - Amends the Clean Air Act to prohibit the manufacture, sale, supply, dispensation, transport, or introduction into commerce of motor vehicle gasoline that contains a concentration of sulfur exceeding 40 parts per million per gallon of gasoline. Provides that a person shall not be in violation of such prohibition if, during a one-year period, the person engages in such an activity with respect to gasoline that contains a sulfur concentration between 40 and 80 parts per million per gallon if the average concentration of sulfur in the gasoline during the period is less than 30 parts per million per gallon. Authorizes the Administrator of the Environmental Protection Agency to promulgate regulations to establish maximum and average allowable sulfur concentrations in motor vehicle gasoline that are lower than such concentrations if:  (1) research conducted after this Act's enactment indicates that significant air quality benefits would result from a reduction in allowable sulfur concentration in such gasoline; or (2) advanced vehicle technologies have been developed that can significantly reduce emissions of air pollutants from motor vehicles but that require gasoline with a lower concentration of sulfur than that specified under this Act. Prescribes penalties for violations of this Act. Requires the Administrator to report to the Congress on the effects of the use of low sulfur motor vehicle gasoline on urban and regional air quality within six and eight years of this Act's enactment date.",2025-08-21T16:13:17Z,
105-s-2359,105,s,2359,National Environmental Education Amendments Act of 1998,Environmental Protection,1998-07-27,1998-08-25,Placed on Senate Legislative Calendar under General Orders. Calendar No. 524.,Senate,"Sen. Inhofe, James M. [R-OK]",OK,R,I000024,10,"National Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound. (Sec. 2) Requires that implementation of the Act be through EPA. Eliminates requirements for a Director of the Office and a minimum number of staff.  Allows activities to be carried out through grants, cooperative agreements, or contracts. (Sec. 3) Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000.  Prohibits the use of grants for certain lobbying activities. Requires the EPA Science Advisory Board to review and approve any guidance by the EPA Administrator before it is issued to applicants for such grants. (Sec. 4) Repeals the authority for environmental internships and fellowships. (Sec. 5) Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. (Sec. 6) Revises requirements for membership on the National Environmental Education Advisory Council.  Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education.  (Under current law, membership must include specified agency representatives.)  Repeals specific requirements for contents of Advisory Council reports. (Sec. 7) Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation.  Increases the size of the Foundation's Board of the Directors.  Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use.  Allows acknowledgement of donors, but prohibits such acknowledgement from:  (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. (Sec. 8) Extends through FY 2004 the authorization of appropriations to the EPA for such Act.  Revises funding limitations. Limits to 25 percent the amount available for administrative costs. Directs the EPA Administrator to report on expenses annually to the Congress.",2025-04-07T15:33:42Z,
105-hr-4235,105,hr,4235,Harmful Algal Bloom and Hypoxia Research and Control Act of 1998,Environmental Protection,1998-07-16,1998-10-21,See H.R.2204.,House,"Rep. John, Christopher [D-LA-7]",LA,D,J000110,30,"Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 - Directs the President to establish an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia.  Requires the Task Force to develop action plans on harmful algal blooms and on hypoxia.  Directs the President to:  (1) disestablish such Task Force after the submission of specified reports; and (2) submit a plan for reducing, mitigating, and controlling hypoxia in the northern Gulf of Mexico. Authorizes appropriations to the Secretary of Commerce for research, education, and management activities related to prevention, reduction, and control of harmful algal blooms and hypoxia. Amends the:  (1) National Sea Grant College Program Act to expand the purposes for which a specified sum may be used for competitive grants for research on Pfiesteria piscicida and other harmful algal blooms; and (2) Coastal Zone Management Act to authorize appropriations for grants for technical assistance to support State implementation and analysis of the effectiveness of measures to prevent, reduce, mitigate, or control harmful algal blooms and hypoxia.",2025-08-21T16:13:34Z,
105-hr-4242,105,hr,4242,Combined Sewer Overflow Control and Partnership Act of 1998,Environmental Protection,1998-07-16,1998-10-10,Sponsor introductory remarks on measure. (CR E2014),House,"Rep. Barcia, James A. [D-MI-5]",MI,D,B000134,18,"Combined Sewer Overflow Control and Partnership Act of 1998 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994.  Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years.  Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 1999 through 2001. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.",2025-08-21T16:14:07Z,
105-hr-4227,105,hr,4227,Justice for Displaced Residents Act,Environmental Protection,1998-07-15,1998-07-27,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Menendez, Robert [D-NJ-13]",NJ,D,M000639,0,"Justice for Displaced Residents Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to make a person liable, without regard to defenses to liability under such Act, for three times the amount of response costs or damages for which the person would otherwise be liable if:  (1) at the time of disposal of a designated hazardous substance, the person owned or operated any vessel or facility at which such substance was disposed; (2) the vessel or facility is or has been subject to a removal action by the President or an equivalent State action; and (3) prior to the removal action, the person sold, leased, or otherwise disposed of the facility or vessel under circumstances in which the future residential use of the vessel or facility was reasonably foreseeable. Provides that amounts recovered under this Act are in addition to amounts recovered under existing CERCLA liability provisions. Absolves a person of liability under this Act if the person:  (1) acquired the vessel or facility primarily for use as a personal residence, did not contribute to the designated hazardous substance release, and took care with respect to such substance; or (2) acquired the vessel or facility primarily for development for personal residential use, did not contribute to the release, took care with respect to the designated substance, and is an unaffiliated entity with fewer than 25 employees and less than $2 million in gross annual revenues. Makes response costs or damages under this Act recoverable by the Administrator of the Environmental Protection Agency or any person who resides or previously resided in the vessel or facility following its sale or disposal. Defines ""designated hazardous substance"" as mercury, polychlorinated biphenyls, tetrachloroethylenes, and any other hazardous substance that the Administrator may designate.",2025-08-21T16:11:16Z,
105-hr-4157,105,hr,4157,"To amend the Clean Air Act to modify the application of certain provisions regarding the inclusion of entire metropolitan statistical areas within nonattainment areas, and for other purposes.",Environmental Protection,1998-06-25,1998-07-09,Referred to the Subcommittee on Health and Environment.,House,"Rep. Barr, Bob [R-GA-7]",GA,R,B000169,9,Amends the Clean Air Act to revise procedures regarding the inclusion of metropolitan statistical areas (MSAs) or consolidated MSAs in nonattainment areas.  Requires the Administrator of the Environmental Protection Agency to revise the boundaries of all nonattainment areas that included such MSAs before this Act's enactment to exclude all counties within such MSAs that do not contribute significantly to a violation of the national ambient air quality standard concerned.,2025-01-02T17:50:38Z,
105-s-2218,105,s,2218,Atlantic Coast Toxic Microorganism Environmental Remediation Act,Environmental Protection,1998-06-25,1998-06-25,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Sarbanes, Paul S. [D-MD]",MD,D,S000064,4,"Atlantic Coast Toxic Microorganism Environmental Remediation Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to evaluate, develop, and implement a watershed strategic master plan for each State on the coast of the Atlantic Ocean to address problems associated with the degradation of ecosystems and their dependent activities resulting from toxic microorganisms in wetlands and waters.  Limits to 75 percent the Federal share of the cost of evaluating, developing, and implementing such a plan for each such State.  Authorizes appropriations.",2025-08-21T16:12:49Z,
105-hr-4136,105,hr,4136,Clean Air Common Sense Act,Environmental Protection,1998-06-24,1998-07-02,Referred to the Subcommittee on Health and Environment.,House,"Rep. Wise, Robert E., Jr. [D-WV-2]",WV,D,W000654,15,"Clean Air Common Sense Act - Sets forth provisions regarding the Administrator of the Environmental Protection Agency's authority to establish a requirement that States submit measures in State implementation plans under the Clean Air Act to ensure that emission reductions are achieved to mitigate transport of ozone pollution and oxides of nitrogen emissions across States included in the Ozone Transport Assessment Group Region (relating to the eastern portion of the United States). Prohibits:  (1) the promulgation of a final rule to establish such requirement before the expiration of the one-year period beginning on the date the Administrator publishes notice that data described in this Act is publicly available; and (2) such rule from becoming effective before the later of May 1, 2005, or the expiration of the five-year period beginning on the date the rule is promulgated. Directs the Administrator, during the one-year period beginning on this Act's enactment, to collect data that the States in such region develop through air quality monitoring and modeling with respect to oxides of nitrogen and other pollutants to be regulated for purposes of a specified 1997 proposed rulemaking.  Makes data publicly available after the expiration of such period. Establishes additional time frames with respect to the Administrator's findings, and denial of petitions, regarding sources that emit oxides of nitrogen or other pollutants to be regulated under the proposed rulemaking in violation of interstate pollution abatement requirements. Amends the Clean Air Act, with respect to provisions regarding reclassification of an ozone nonattainment area upon failure to attain standards, to extend the deadline by which the Administrator is required to determine whether an area attained a standard by the applicable attainment date to two years (currently, six months) following such date.",2025-08-21T16:13:13Z,
105-hr-4094,105,hr,4094,Brownfield Redevelopment and Environmental Revitalization Act of 1998,Environmental Protection,1998-06-19,1998-06-30,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Franks, Bob [R-NJ-7]",NJ,R,F000349,1,"TABLE OF CONTENTS:      Title I:  Financial Support for Brownfield Site Remediation      Title II:  Financial Support for Brownfield Site Prevention           and Redevelopment Brownfield Redevelopment and Environmental Revitalization Act of 1998 - Title I:  Financial Support for Brownfield Site Remediation - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to States and local governments to inventory and conduct site assessments of, and other pre-cleanup activities at, brownfield sites. (Sec. 102) Directs the Administrator to establish a program of grants to States and local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser. (Sec. 103) Makes amounts in the Hazardous Substance Superfund (the Fund) available for carrying out such grant programs.  Authorizes appropriations from the Fund. (Sec. 104) Imposes funding limitations. (Sec. 107) Authorizes appropriations to carry out the site assessment and loan capitalization programs. Title II:  Financial Support for Brownfield Site Prevention and Redevelopment - Amends the Internal Revenue Code to allow a credit that is 50 percent of the costs:  (1) paid or incurred by the taxpayer for environmental remediation of any qualified contaminated site which is owned by the taxpayer; and (2) incurred by the taxpayer pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency.  Prohibits the environmental remediation credit from being determined unless the Administrator certifies that the remediation plan has been completed. Requires the credit to be taken into account ratably over the applicable five-year taxable period if the Administrator certifies that such plan has been completed. Permits a taxpayer to cease such remediation if:  (1) the cost of completing the remediation plan exceeds 200 percent of the estimated costs of completing such plan; and (2) the State or local official administering the remediation credit program agrees with such determination. Makes certain taxpayers ineligible for the credit. Makes the environmental remediation credit part of the sum of the current year general business credit and allows any unused portion as a deduction for certain unused business credits. (Sec. 202) Allows an income tax deduction for payments into a tax-exempt Hazardous Waste Remediation Reserve to be used exclusively to pay costs of the taxpayer to:  (1) assess the extent of a site's environmental contamination and its expected remediation cost; and (2) remediate the contamination. (Sec. 203) Permits, as specified, the issuance of tax-exempt qualified contaminated site remediation bonds. (Sec. 204) Amends the Small Business Investment Act of 1958 to require the Small Business Administration (SBA) to set aside a specified amount available for the development company program for local development companies to use to finance projects that assist existing or prospective new businesses in carrying out site assessment and cleanup activities at brownfield sites. (Sec. 205) Directs the SBA to promote the formation of small business investment companies (SBICs) devoted to:  (1) brownfield site cleanup activities; or (2) projects that help existing companies clean up their facilities and adopt new, clean technologies.  Waives filing fees for such companies.  Requires the SBA to set aside a specified amount available for the SBIC program to provide leverage to such companies.",2025-08-21T16:13:40Z,
105-s-2189,105,s,2189,Water Conservation and Quality Incentives Act,Environmental Protection,1998-06-18,1998-06-18,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Wyden, Ron [D-OR]",OR,D,W000779,1,"Water Conservation and Quality Incentives Act - Amends the Federal Water Pollution Control Act to authorize the use of State water pollution control revolving funds for assistance to eligible recipients for construction of water conservation improvements and of water quality improvements or practices.  Defines ""eligible recipients,"" for purposes of assistance for water conservation improvements, as specified parties located in a State that has enacted laws that:  (1) provide a water user who invests in such an improvement with a right to use water conserved by the improvement; (2) provide authority to reserve minimum flows of streams; and (3) prohibit transactions that adversely affect existing water rights. Bars the use of water conserved through such improvements for the irrigation of land that has not been previously irrigated.",2025-08-21T16:13:00Z,
105-s-2180,105,s,2180,Superfund Recycling Equity Act of 1998,Environmental Protection,1998-06-16,1998-10-21,Sponsor introductory remarks on measure. (CR S12843-12844),Senate,"Sen. Lott, Trent [R-MS]",MS,R,L000447,64,"Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that:  (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person:  (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material.  Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.",2025-08-21T16:15:02Z,
105-hr-4047,105,hr,4047,Florida Keys Water Quality Improvements Act of 1998,Environmental Protection,1998-06-11,1998-06-25,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Deutsch, Peter [D-FL-20]",FL,D,D000275,0,"Florida Keys Water Quality Improvements Act of 1998 - Directs the Administrator of the Environmental Protection Agency to make grants to the Florida Keys Aqueduct Authority or other appropriate agencies of the State of Florida or Monroe County, Florida. Makes eligible for such grants projects to:  (1) replace inadequate wastewater treatment systems in the County; (2) establish, replace, or improve stormwater management systems in the County; or (3) improve water quality in the Florida Keys National Marine Sanctuary.  Requires such grants to be consistent with specified growth management ordinances and agreements, policies of the Water Quality Steering Committee, and Federal water quality standards. Sets forth conditions on grants, including non-Federal cost share and planning and assessment requirements. Authorizes appropriations.",2025-08-21T16:13:13Z,
105-hr-3984,105,hr,3984,"To require the Secretary of Energy to establish an Office of River Protection at the Hanford Reservation, Richland, Washington, for the management of Hanford Tank Farm operations.",Environmental Protection,1998-06-03,1998-09-28,Executive Comment Requested from DOD.,House,"Rep. Hastings, Doc [R-WA-4]",WA,R,H000329,0,"Instructs the Secretary of Energy to establish an Office of River Protection at the Hanford Reservation, Richland, Washington, headed by a senior Department of Energy (DOE) official responsible for managing all aspects of the Tank Waste Remediation System (Hanford Tank Farm operations), including those portions under privatization contracts.  Makes the Office responsible for developing an integrated management plan for all aspects of the Tank Farm operations. Directs the Secretary to:  (1) submit such integrated management plan to certain congressional committees within 90 days after enactment of this Act; and (2) report to the Congress on the success of Office and Tank Farm operations in improving the DOE management structure after such Office has been in operation for two years.",2025-06-06T14:17:56Z,
105-s-2062,105,s,2062,Superfund Recycling Equity Act of 1998,Environmental Protection,1998-05-12,1998-05-12,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Warner, John [R-VA]",VA,R,W000154,0,"Superfund Recycling Equity Act of 1998 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that:  (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person:  (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.",2025-08-21T16:14:56Z,
105-hr-3807,105,hr,3807,American Economy Protection Act,Environmental Protection,1998-05-07,1998-05-26,Referred to the Subcommittee on Health and Environment.,House,"Rep. Knollenberg, Joe [R-MI-11]",MI,R,K000288,117,"American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.",2025-08-21T16:14:00Z,
105-sres-224,105,sres,224,A resolution expressing the sense of the Senate regarding an international project to evaluate and facilitate the exchange of advanced technologies.,Environmental Protection,1998-05-06,1998-05-06,"Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent. (consideration: CR S4449-4450)",Senate,"Sen. Stevens, Ted [R-AK]",AK,R,S000888,5,"Expresses the sense of the Senate that the President should instruct the Secretary of Energy to consider the Advanced Technology Research Project and report to the Senate Committee on Energy and Natural Resources on:  (1) whether the United States should encourage the establishment of an international project to facilitate the evaluation and international exchange of data relating to advanced nuclear waste technologies; (2) whether such project could be funded privately and administered by an international nongovernmental, nonprofit organization, with operations in countries that have an interest in developing such technologies; and (3) any legislation that the Secretary believes would be required to enable such a project to be undertaken.",2016-10-26T06:32:06Z,
105-hr-3791,105,hr,3791,Omnibus Mercury Emissions Reduction Act of 1998,Environmental Protection,1998-05-05,1998-05-26,Referred to the Subcommittee on Health and Environment.,House,"Rep. Allen, Thomas H. [D-ME-1]",ME,D,A000357,8,"Omnibus Mercury Emissions Reduction Act of 1998 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for mercury and mercury compound emissions applicable to:  (1) electric utility steam generating units; (2) coal- and oil-fired commercial and industrial boiler units that have a maximum design heat input capacity of ten mmBtu (millions of British thermal units) per hour or greater; (3) chlor-alkali plants that use the mercury cell production process; and (4) dust from Portland cement plants.  Requires such units and plants to have permits no later than two years after this Act's enactment. Prescribes a minimum required emission reduction, such that a unit or plant reduce annual poundage of mercury emitted below its mercury emission baseline by at least 95 percent. Authorizes emission trading among electric utility or coal- and oil-fired units contained at a single site if the aggregate annual reduction from all units is at least 95 percent. Requires the Administrator to authorize methods of control of mercury emissions. Sets forth permit requirements, including requirements for monitoring and analysis, inspection, entry, compliance certification, and reporting. Establishes specific mercury emission baselines for classes of electric utility and coal- and oil-fired boiler units, including those in operation before January 1, 1995, and those beginning operation after this Act's enactment. Requires the regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that:  (1) the mercury hazards are not transferred from one environmental medium to another; and (2) there is no release of mercury into the environment. Directs the Administrator to establish a program of long-term research to develop and disseminate information on methods such as separating, solidifying, recycling, and encapsulating mercury-bearing waste so that the mercury does not volatize, migrate to groundwater or surface water, or contaminate the soil. Requires the Administrator to make emission data for each unit and plant available annually to the public. (Sec. 5) Directs the Administrator to publish a list of mercury-containing items to be separated and removed from the waste steams that feed solid waste incineration units. Requires manufacturers of listed items to label items (or, in the case of button cell batteries, packages) to indicate that a product contains mercury. Directs the Administrator to promulgate regulations prescribing procedures for monitoring and analysis for mercury emissions from solid waste combustion flue gases and determining compliance with such requirements. Requires solid waste incineration units operating pursuant to permits issued under the Act to submit plans for:  (1) separating and removing listed mercury-containing items from waste streams that feed such units; (2) transferring separated waste to a recycling facility or treatment, storage, or disposal facility permitted under Subtitle C of the Solid Waste Disposal Act; (3) monitoring and reporting on plan compliance; and (4) achieving full compliance with the plan within 18 months of plan approval. Directs the Administrator or a State to enforce plans for units without approved plans. Requires permits for solid waste incineration units to specify inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to make mercury emission data for each unit available annually to the public. (Sec. 8) Requires the Administrator to report to the Congress on the extent to which the annual poundage of mercury and mercury compound emissions from medical waste incinerators and hazardous waste combustors in the United States has been reduced below specific baselines. (Sec. 10) Directs the Secretary of Defense to report to the Congress on the use of mercury and mercury compounds by the Department of Defense. (Sec. 11) Requires the Administrator to report to the Congress on the sources and extent of mercury emissions in North America. (Sec. 12) Directs the Administrator to establish:  (1) a program to characterize and quantify the potential mercury-related health effects on high-risk populations; and (2) a mercury public awareness and prevention program targeted at populations most at risk from exposure to mercury. Requires the Secretary of Health and Human Services and the Administrator to establish an advisory committee to report on the progress made by the Federal Government, State and local governments, industry, and other regulated entities in complying with the mercury-related amendments made by this Act. Directs the Administrator to submit to the Congress a report that characterizes mercury and mercury-compound sedimentation trends in Lake Champlain, the Chesapeake Bay, the Great Lakes, the finger lakes region of upstate New York, Tampa Bay, and other water bodies of concern. Requires the Administrator to evaluate:  (1) data collected by EPA and each State concerning mercury contamination of fish; and (2) advisories to warn the public about the consumption of mercury-contaminated fish.  Directs the Administrator to:  (1) implement any changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, characterization of mercury contamination, and thresholds above which advisories will be issued; and (2) make biennial reports available to the public concerning mercury levels in fish and any consumption advisories that have been issued.",2025-08-21T16:14:52Z,
105-s-2019,105,s,2019,Economic Growth and Sovereignty Protection Act,Environmental Protection,1998-04-30,1998-04-30,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Ashcroft, John [R-MO]",MO,R,A000356,0,"Economic Growth and Sovereignty Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.",2025-08-21T16:13:07Z,
105-s-1915,105,s,1915,Omnibus Mercury Emissions Reduction Act of 1998,Environmental Protection,1998-04-02,1998-04-02,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Leahy, Patrick J. [D-VT]",VT,D,L000174,3,"Omnibus Mercury Emissions Reduction Act of 1998 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to establish standards for mercury and mercury compound emissions applicable to:  (1) electric utility steam generating units; (2) coal- and oil-fired commercial and industrial boiler units that have a maximum design heat input capacity of ten mmBtu (millions of British thermal units) per hour or greater; (3) chlor-alkali plants that use the mercury cell production process; and (4) dust from Portland cement plants.  Requires such units and plants to have permits no later than two years after this Act's enactment. Prescribes a minimum required emission reduction, such that a unit or plant reduce annual poundage of mercury emitted below its mercury emission baseline by at least 95 percent. Authorizes emission trading among electric utility or coal- and oil-fired units contained at a single site if the aggregate annual reduction from all units is at least 95 percent. Requires the Administrator to authorize methods of control of mercury emissions. Sets forth permit requirements, including requirements for monitoring and analysis, inspection, entry, compliance certification, and reporting. Establishes specific mercury emission baselines for classes of electric utility and coal- and oil-fired boiler units, including those in operation before January 1, 1995, and those beginning operation after this Act's enactment. Requires the regulations to ensure that mercury that is captured or recovered is disposed of in a manner that ensures that:  (1) the mercury hazards are not transferred from one environmental medium to another; and (2) there is no release of mercury into the environment. Directs the Administrator to establish a program of long-term research to develop and disseminate information on methods such as separating, solidifying, recycling, and encapsulating mercury-bearing waste so that the mercury does not volatize, migrate to groundwater or surface water, or contaminate the soil. Requires the Administrator to make emission data for each unit and plant available annually to the public. (Sec. 5) Directs the Administrator to publish a list of mercury-containing items to be separated and removed from the waste steams that feed solid waste incineration units. Requires manufacturers of listed items to label items (or, in the case of button cell batteries, packages) to indicate that a product contains mercury. Directs the Administrator to promulgate regulations prescribing procedures for monitoring and analysis for mercury emissions from solid waste combustion flue gases and determining compliance with such requirements. Requires solid waste incineration units operating pursuant to permits issued under the Act to submit plans for:  (1) separating and removing listed mercury-containing items from waste streams that feed such units; (2) transferring separated waste to a recycling facility or treatment, storage, or disposal facility permitted under Subtitle C of the Solid Waste Disposal Act; (3) monitoring and reporting on plan compliance; and (4) achieving full compliance with the plan within 18 months of plan approval. Directs the Administrator or a State to enforce plans for units without approved plans. Requires permits for solid waste incineration units to specify inspection, entry, monitoring, compliance certification, and reporting requirements. Directs the Administrator to make mercury emission data for each unit available annually to the public. (Sec. 8) Requires the Administrator to report to the Congress on the extent to which the annual poundage of mercury and mercury compound emissions from medical waste incinerators and hazardous waste combustors in the United States has been reduced below specific baselines. (Sec. 10) Directs the Secretary of Defense to report to the Congress on the use of mercury and mercury compounds by the Department of Defense. (Sec. 11) Requires the Administrator to report to the Congress on the sources and extent of mercury emissions in North America. (Sec. 12) Directs the Administrator to establish:  (1) a program to characterize and quantify the potential mercury-related health effects on high-risk populations; and (2) a mercury public awareness and prevention program targeted at populations most at risk from exposure to mercury. Requires the Secretary of Health and Human Services and the Administrator to establish an advisory committee to report on the progress made by the Federal Government, State and local governments, industry, and other regulated entities in complying with the mercury-related amendments made by this Act. Directs the Administrator to submit to the Congress a report that characterizes mercury and mercury-compound sedimentation trends in Lake Champlain, the Chesapeake Bay, the Great Lakes, the finger lakes region of upstate New York, Tampa Bay, and other water bodies of concern. Requires the Administrator to evaluate:  (1) data collected by EPA and each State concerning mercury contamination of fish; and (2) advisories to warn the public about the consumption of mercury-contaminated fish. Directs the Administrator to:  (1) implement any changes necessary to improve the quality and ensure consistency from State to State of Federal and State data collection, reporting, characterization of mercury contamination, and thresholds above which advisories will be issued; and (2) make biennial reports available to the public concerning mercury levels in fish and any consumption advisories that have been issued.",2025-08-21T16:11:39Z,
105-s-1923,105,s,1923,Federal Facilities Clean Water Compliance Act of 1998,Environmental Protection,1998-04-02,1998-04-02,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Coverdell, Paul [R-GA]",GA,R,C000813,2,"Federal Facilities Clean Water Compliance Act of 1998 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements pertaining to water pollution control, including requirements for permits or reporting, injunctive relief, sanctions to enforce relief, payment of reasonable service charges, administrative orders, and penalties or fines. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties.  Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions against Federal agencies under the Act. Requires States, unless a State law or constitution requires otherwise, to use penalties collected from the Federal Government under the Act only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement. Includes Federal agencies within the definition of ""person"" for purposes of the Act.",2025-08-21T16:14:39Z,
105-hr-3627,105,hr,3627,Brownfield Community Empowerment Act,Environmental Protection,1998-04-01,1998-06-09,See H.R.2727.,House,"Rep. Rush, Bobby L. [D-IL-1]",IL,D,R000515,31,"TABLE OF CONTENTS:      Title I:  Brownfield Remediation and Environmental Cleanup      Title II:  Department of Housing and Urban Development           Brownfield Grants Brownfield Community Empowerment Act - Title I:  Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to award grants to local governments and citizens' organizations to inventory brownfield sites, conduct brownfield site assessments, and provide training and support to residents and local citizens in assessment, cleanup, and related activities with respect to brownfields and associated waterways and wetlands.  Defines a ""brownfield site"" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. Requires States to submit information to the Administrator on brownfield sites.  Directs the Administrator to compile a National Brownfields Registry. (Sec. 112) Requires the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites and associated properties, rivers, and streams.  Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of brownfield sites. Gives priority to grant applications that:  (1) propose the creation of jobs or job training programs or use existing programs; or (2) involve projects for brownfields located within any empowerment zone or enterprise community. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. (Sec. 113) Authorizes appropriations from the Hazardous Substance Superfund (Superfund) for such grants for FY 1999 through 2003. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and Federal facilities.  Authorizes the President to make exceptions for certain excluded facilities and allow grants on a facility-by-facility basis. (Sec. 116) Amends CERCLA to replace existing conditions on siting with one that prohibits the President from providing any remedial actions unless the State in which the hazardous substance release occurs prohibits the issuance of new permits for hazardous waste treatment, storage, and disposal facilities located within 5,000 feet of any school, currently used or potentially available body of water, drinking water source, residential dwelling, or hospital. (Sec. 119) Authorizes appropriations for grant programs and for assistance to States for voluntary response programs for FY 1999 through 2001. (Sec. 120) Authorizes the Administrator to award grants and cooperative agreements to States, Indian tribes, municipalities, and other entities for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 121) Requires the Administrator to provide financial assistance for brownfields workforce training programs in communities that contain brownfield sites. (Sec. 123) Amends the Internal Revenue Code to require Superfund to be available for natural resource damage assessment, restoration, rehabilitation, and replacement activities carried out under CERCLA. Title II:  Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects for the cleanup and economic redevelopment of brownfield sites. Authorizes appropriations for FY 1999 through 2001.",2025-08-21T16:12:15Z,
105-hr-3690,105,hr,3690,Clean Air Common Sense Act,Environmental Protection,1998-04-01,1998-04-17,Referred to the Subcommittee on Health and Environment.,House,"Rep. Wise, Robert E., Jr. [D-WV-2]",WV,D,W000654,26,"Clean Air Common Sense Act - Sets forth provisions regarding the Administrator of the Environmental Protection Agency's authorities to establish a requirement that States submit measures in State implementation plans under the Clean Air Act to ensure that emission reductions are achieved to mitigate transport of ozone pollution and oxides of nitrogen emissions across States included in the Ozone Transport Assessment Group Region (relating to the eastern portion of the United States). Prohibits:  (1) the promulgation of a final rule to establish such requirement before the expiration of the one-year period beginning on the date the Administrator publishes notice that data described in this Act is publicly available; and (2) such rule from becoming effective before the later of May 1, 2005, or the expiration of the five-year period beginning on the date the rule is promulgated. Directs the Administrator, during the one-year period beginning on this Act's enactment, to collect data that the States in such region develop through air quality monitoring and modeling with respect to oxides of nitrogen and other pollutants to be regulated for purposes of a specified 1997 proposed rulemaking.  Makes data publicly available after the expiration of such period. Establishes additional time frames with respect to the Administrator's findings, and denial of petitions, regarding sources that emit oxides of nitrogen or other pollutants to be regulated under the proposed rulemaking in violation of interstate pollution abatement requirements.",2025-08-21T16:11:59Z,
105-hr-3595,105,hr,3595,Superfund Improvement Act of 1998,Environmental Protection,1998-03-30,1998-06-09,See H.R.2727.,House,"Rep. Manton, Thomas J. [D-NY-7]",NY,D,M000117,30,"TABLE OF CONTENTS:      Title I:  Brownfield Remediation and Environmental Cleanup           Subtitle A:  Innocent Landowners and Prospective                Purchaser Liability           Subtitle B:  Brownfield Remediation and Environmental                Cleanup           Subtitle C:  State Voluntary Response Programs      Title II:  Liability      Title III:  Remedy      Title IV:  Community Participation and Human Health           Subtitle A:  Community Participation           Subtitle B:  Human Health           Subtitle C:  General Provisions      Title V:  Natural Resource Damages      Title VI:  Federal Facilities      Title VII:  State Roles      Title VIII:  Funding      Title IX:  Miscellaneous      Title X:  5-Year Extension of Hazardous Substance Superfund Superfund Improvement Act of 1998 - Title I:  Brownfield Remediation and Environmental Cleanup - Subtitle A:  Innocent Landowners and Prospective Purchaser Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, ""undertaken"") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 102) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility.  Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of the prospective purchaser exemption and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 103) Adds CERCLA provisions granting conditional exemptions from liability to persons owning or operating property contiguous to a release site. Subtitle B:  Brownfield Remediation and Environmental Cleanup - Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites.  Defines a ""brownfield site"" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser. Requires the Administrator to report to specified congressional committees on programs established under this subtitle. Authorizes appropriations from the Hazardous Substance Superfund (Superfund) to carry out such grant programs. Subtitle C:  State Voluntary Response Programs - Adds provisions requiring the Administrator to provide technical and other assistance to States to establish and enhance State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations from Superfund for FY 1999 through 2003 for such programs. Title II:  Liability - Provides an exemption to liability, with exceptions, for response costs or actions with respect to National Priority List (NPL) facilities for certain small businesses whose liability is based solely on arranging for disposal, treatment, or transport of, or accepting, the hazardous substance concerned. Sets forth provisions regarding the preservation of certain contribution claims with respect to small businesses, a moratorium on the continuation or commencement of suits regarding such claims, and settlements with small businesses. Exempts from liability based solely on arrangement or acceptance provisions certain:  (1) de micromis parties; and (2) individuals or small businesses or nonprofit organizations where the activities concerned involved municipal solid waste (MSW). Absolves of liability:  (1) certain owners or operators who acquired the facility concerned by inheritance or bequest; (2) Federal, State, or municipal entities whose liability is based solely on ownership of a road or other right-of-way or transportation route over which hazardous substances are transported or on the granting of a business license; and (3) certain railroad owners or operators of spur tracks. Makes persons who commence recovery or contribution actions after this Act's enactment against parties not liable due to small business, de micromis, or MSW exemptions described above liable for all reasonable costs of defending such actions. Limits liability for certain tax-exempt organizations that receive an affected vessel or facility as a charitable contribution. Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before October 1, 1997, eligible for settlements.  Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions.  Authorizes the President to require such municipalities to perform or participate in response actions at the facility.  Considers two or more municipalities that jointly own or operate a facility to be a single owner for purposes of calculating settlement offers.  Authorizes the President to require such municipalities to waive some or all claims or causes of action against other potentially responsible parties (PRPs) with respect to a site. Conditions eligibility for limited municipal liability on the acts or omissions giving rise to liability having occurred before a date two years after this Act's enactment or on the municipality participating in a qualified household hazardous waste disposal program by such date. Sets forth cases in which the President may decline to offer such settlements. Makes liable parties who fail to take proper remedial or response actions liable to the United States for response costs incurred as a result of such failure to take action, in addition to potential punitive damages authorized under existing law. (Sec. 203) Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions.  (Sec. 204) Adds to the list of parties eligible for expedited final settlements:  (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties.  Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Permits the President to consider alternative payment methods for small businesses that are unable to pay settlement amounts immediately. Authorizes the President to require, as a condition of expedited settlements, that a PRP waive some or all of the claims or causes of action that the party may have against other PRPs relating to the site.  Establishes a moratorium on litigation for recovery or contribution of response costs from certain persons eligible for expedited settlements within a specified time frame. (Sec. 205) Expands information regarding concerned facilities that may be required to be provided to Federal employees or officials. Authorizes the Administrator to issue subpoenas to obtain information related to facilities or cleanups.  Makes information obtained pursuant to contracts to perform work available to the public, with exceptions. Sets forth confidentiality requirements for Government contractors with respect to such information. (Sec. 206) Authorizes the President to amend or issue administrative orders, without determining that there may be an imminent and substantial endangerment, to complete, or require additional, response actions necessary to respond to a release or threatened release. (Sec. 207) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of:  (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action (unless such remedial action has been the subject of a previous cost recovery action); or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages paid. (Sec. 208) Requires the Administrator, after conducting any settlement negotiation, to initiate the allocation process for each mandatory allocation.  Defines a ""mandatory allocation"" as an allocation of liability at a non-federally-owned NPL vessel or facility:  (1) for which the Administrator selects a remedial action after March 30, 1998; (2) for which the Administrator estimates that future response costs for such action will exceed $3 million; and (3) that involves two or more unaffiliated PRPs. Permits the Administrator to use any part of the allocation process to promote a settlement with respect to response actions that are not subject to mandatory allocations. Excludes from the allocation process remedial actions:  (1) for which there are settlement or consent decrees with parties (other than de minimis parties or parties that settled on the basis of an inability to pay); (2) that are being addressed by a unilateral order issued by the Administrator before this Act's enactment; (3) for which all PRPs are liable as owners or operators; or (4) that are being carried out by a State. Applies mandatory allocations to:  (1) response costs relating to the remedial action incurred after this Act's enactment date; and (2) unrecovered remedial investigation and feasibility study costs relating to the action incurred by the United States prior to such enactment. Establishes a moratorium on litigation for recovery of response costs or contributions in connection with remedial actions subject to mandatory allocation until 60 days after completion of allocation procedures.  Stays pending actions until such prescribed period unless the court determines that a stay will result in manifest injustice.  Permits the Attorney General to commence a civil action against a PRP or allocation party at any time if at the same time the Attorney General files a judicial consent decree resolving the liability of such a party. Sets forth requirements concerning the allocation process.  Permits PRPs to nominate additional PRPs. Directs the United States, with respect to response actions that would otherwise be subject to mandatory allocation, to reimburse PRPs that agree to perform the response action and to acceptable settlement terms, for 100 percent of the orphan share, subject to the availability of funds. Requires the Administrator to initiate the allocation process at the request of any PRP that has not resolved liability and after the conclusion of any settlement negotiations.  Provides that the allocation process shall not be required if a settlement is reached that resolves at least 70 percent of the total costs of the action that would be the subject of allocation. Describes allocation parties.  Requires the Administrator and the allocation parties to select a neutral, third-party allocator.  Subjects Federal PRPs to the allocation process in the same manner as such process is applied to other PRPs. Requires the allocator to provide a final allocation report to the Administrator, the Attorney General, and each allocation party that specifies the estimated contribution share of each party and any orphan share.  Limits the admissibility in court of such report except for purposes of supporting a settlement between the United States and an allocation party. Authorizes the Administrator to require PRPs that did not enter into a settlement during pre-allocation negotiations to pay the costs of the allocation process. Sets forth confidentiality requirements with respect to information submitted to the allocator.  Prescribes civil penalties for failures to maintain confidentiality of information.  Describes authorities of the allocator with respect to information gathering. Sets forth:  (1) conditions under which the Administrator and the Attorney General may reject the allocator's report; (2) requirements for settlements based on allocations; and (3) provisions regarding reimbursement. Makes specified amounts available from Superfund for funding orphan share contributions in FY 1999 through 2003. Authorizes the Attorney General to commence actions against parties that fail to resolve liability during pre-allocation negotiations or after allocation.  Makes nonsettling parties subject to strict, joint, and several liability for unrecovered response costs, including costs of federally funded orphan and nonsettling party shares. Permits the President to:  (1) file a proof of claim or take other action in a bankruptcy proceeding; (2) require performance of a response action at a facility subject to a mandatory allocation during the allocation process; or (3) file any actions necessary to prevent dissipation of a PRP's assets. Directs the Administrator to report annually to the Congress on funds made available to address orphan shares and shares of nonsettling parties in support of settlement activities. (Sec. 209) Makes parties who unsuccessfully challenge settlements between the President and any PRP liable to the United States and any settling party for attorney's fees and costs incurred in defending the settlement. Authorizes administrative orders which set forth terms of settlements to be issued only with the prior approval of the Attorney General in cases where total response costs exceed $2 million (currently, $500,000). Permits agencies with the authority to seek fines, penalties, and punitive damages under CERCLA to settle claims that may otherwise be assessed in civil administrative or judicial proceedings if the claim has not been referred to the Department of Justice for further action.  Permits claims exceeding $300,000 to be settled only with the prior approval of the Attorney General. Authorizes the use of arbitration only for claims where response costs do not exceed $2 million (currently, $500,000). (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that:   (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that:  (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person:  (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material:  (1) contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard; or (2) is an item of scrap paper containing hazardous substances determined to present a significant human health or environmental risk. Title III:  Remedy - Revises provisions regarding remedy selection.  Requires remedial actions selected by the President to assure long-term reliability of protection of human health and the environment and, to the maximum extent practicable, make contaminated land available for beneficial use and return contaminated groundwater and surface water to beneficial use in a reasonable period of time. Requires remedial actions to protect uncontaminated groundwater and surface water unless it is technically infeasible or limited migration of contamination is necessary to facilitate restoration of groundwater to beneficial use. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires remedial actions, in the case of contaminated groundwater or surface water which may be used for drinking water, to require a level or standard of control which at least attains the maximum contaminant levels (MCLs) or non-zero MCL goals established under the Safe Drinking Water Act for the contaminants concerned. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where:  (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements are attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a lawsuit against the EPA prior to May 1, 1986. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived due to findings of technical impracticability. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. Requires the Administrator, in selecting remedies, to take into account reasonably anticipated future uses of land at a facility and, as appropriate, of nearby property.  Sets forth factors to be considered in making assumptions regarding such uses. Directs the President, in selecting a remedial action to restore groundwater to drinking water or other beneficial uses, to defer to a State's classifications and designations relating to groundwater if specified conditions are met.  Sets forth determinations and presumptions to be made by the Administrator in cases where there is no deference to a State.  Prohibits, unless a State makes a designation otherwise, the use as drinking water of groundwater:  (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) from which the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring unless that source is or has been used as a drinking water source. Prohibits the President from selecting a remedial action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures, except in extraordinary circumstances. Lists requirements for actions that rely on institutional controls. Authorizes funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Directs the Administrator to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 302) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources.  Permits easements to be used wherever institutional controls have been selected as a component of a response action.  Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. (Sec. 303) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release. Title IV:  Community Participation and Human Health - Subtitle A:  Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility.  Defines a ""covered facility"" as a facility:  (1) that has been listed or proposed for listing on the NPL; (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity.  Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA.  Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action.  Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 403) Requires States or Indian tribes with NPL sites to establish Waste Site Information Offices.  Provides funding for such Offices.  Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 404) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever:  (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is less, petition for a Group to be established.  Authorizes such Groups to offer recommendations to the Administrator on the anticipated future use of land at a facility at any time prior to remedy selection, but provides that the Administrator shall not be bound by any such recommendation. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of:  (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study.  Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 406) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 407) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL.  Accords such facilities a priority in evaluation for NPL listing and scoring. Subtitle B:  Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the ATSDR Administrator to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 414) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 415) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C:  General Provisions - Sets forth effective dates for provisions of this title (upon enactment or 180 days after enactment). Title V:  Natural Resource Damages - Revises provisions regarding the statute of limitations on actions for natural resource damages to remove a requirement that actions for such damages, with exceptions, be commenced within three years after the later of:  (1) the date of discovery of the loss and its connection with the release in question; or (2) the date on which specified regulations regarding natural resource damage assessment are promulgated. Requires actions for such damages with respect to facilities at which there has been a corrective action or closure under the Solid Waste Disposal Act, a reclamation under the Uranium Mill Tailings Reclamation Act, or a response action under a State remediation, hazardous waste, water quality, or voluntary cleanup program, to be commenced before the later of:  (1) three years from this Act's enactment date; or (2) three years from the date the responsible party provides notice of cleanup completion to all affected trustees. Requires commencement of such actions for facilities (other than those described above, NPL or Federal facilities, or those at which a remedial action has been scheduled) within three years of completion of an adopted restoration plan. (Sec. 502) Directs the President, in selecting remedial actions, to take into account the potential for injury to a natural resource resulting from such actions and the potential for mitigating injury to a resource by such actions. Requires the President to promulgate a regulation providing for consultation with the affected natural resource trustees regarding the inclusion or deletion of facilities on or from the NPL and coordination with such trustees with respect to releases under investigation and prior to selection of response actions. Authorizes affected trustees of natural resources injured, destroyed, or lost as a result of a release to participate in the trustees' selection of a restoration plan.  Makes trustees who elect not to participate in such selection ineligible for Superfund monies for assessment of damages and natural resource restoration. Revises provisions regarding the use of recovered sums to permit such sums to be used only to restore or replace natural resources in the watershed, aquifer, or regional ecosystem in which the injury occurred and for the benefit of such resources or to acquire the equivalent of such resources in the watershed, aquifer, or regional ecosystem in which the injury occurred.   (Current law allows the use of such sums to restore, replace, or acquire the equivalent of the injured resources.) Authorizes the use of recovered sums, in the case of a migratory species, to be applied for restoration or replacement of such species in a habitat in the migratory pathway of the species if all trustees participating in the selection of a restoration plan agree. Title VI:  Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government.  Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief.  Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. (Sec. 604) Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substance releases for which a Federal agency is potentially responsible. (Sec. 605) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action.  Requires a report to the Congress. Title VII:  State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require:  (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) specified response and cost recovery actions, remedy selections, settlements, allocations, and community participation activities at non-federally owned or operated NPL facilities or removal actions at any facility proposed for NPL listing.  Sets forth requirements for State enforcement and allocation of liability. (Sec. 702) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 703) Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding voluntary response actions, cleanup standards, compliance with consent decrees, and delegation of authority with respect to facilities located in Indian country. (Sec. 704) Permits States to apply to the Administrator to exercise specified CERCLA authorities at Federal facilities. Title VIII:  Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. Title IX:  Miscellaneous - Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 903) Revises CERCLA report requirements. (Sec. 904) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title X:  5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding:  (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2003.",2025-08-21T16:12:53Z,
105-hr-3505,105,hr,3505,Revised Ozone and Particulate Matter Standards Implementation Act of 1998,Environmental Protection,1998-03-19,1998-03-31,Referred to the Subcommittee on Health and Environment.,House,"Rep. Dooley, Calvin M. [D-CA-20]",CA,D,D000424,1,"Revised Ozone and Particulate Matter Standards Implementation Act of 1998 - Amends the Clean Air Act to provide that all requirements of such Act regarding the implementation of a revised national ambient air quality standard (NAAQS) shall apply to the eight-hour ozone and revised particulate matter (PM) standards, except as specified in this Act.  Defines the ""eight-hour ozone standard"" as the NAAQS (primary and secondary) for ozone as revised on July 18, 1997. Makes existing additional provisions relating to ozone nonattainment areas inapplicable to areas that have attained air quality meeting the one-hour ozone standard.  Defines the ""one-hour ozone standard"" as the NAAQS (primary) for ozone existing prior to July 18, 1997.  Provides that States shall not be required to prepare maintenance plans for areas that have attained such standard. Directs the Administrator of the Environmental Protection Agency to authorize States to establish cap and trade programs to control regional transport of oxides of nitrogen under which a regional limitation is set on pollutant emissions and sources are allowed to trade emissions credits to achieve required reductions.  Authorizes States that establish such programs by December 31, 1999, to extend the term of air pollution control permits by up to two years. Provides for a transitional classification for areas attaining the one-hour standard by December 31, 1999, but not attaining the eight-hour standard, subject to certain State implementation plan (SIP) submissions.  Sets forth additional requirements for areas ineligible for transitional classification and allows such areas, after December 31, 2000, to petition to be subject to the eight-hour standard in lieu of the one-hour standard. Authorizes the Administrator to exempt transitional areas from specific ozone requirements on a case by case basis. Continues the application of the existing PM-10 NAAQS (primary) to areas that have not attained such standard as of July 18, 1997.  Makes the new PM standards inapplicable until the Administrator completes a rulemaking for the existing standard relating to backsliding.  Applies the new standards to States that submit approved SIPs for the attainment and maintenance of such standards. Provides for the establishment of:  (1) a comprehensive monitoring network to determine ambient fine particle concentrations across the country; and (2) a nationally consistent monitoring network to measure and analyze PM-2.5.  Requires the Administrator to fund 100 percent of the costs of purchasing and installing monitors.  Authorizes States which complete deployment by June 30, 1999, to extend the length of air pollution control permits by up to one year. Requires the Administrator to request the National Academy of Sciences to:  (1) review the new PM-2.5 standard, recommend research to reduce scientific uncertainties regarding the standard, and identify the most cost-effective means of achieving it; and (2) recommend, by June 30, 2002, whether to revise such standard. Directs the Administrator, by June 30, 1999, to designate all areas of the country as unclassifiable for PM-2.5.  Establishes additional deadlines for the designation of PM-2.5 nonattainment areas by State Governors and the Administrator and for the submission of SIPs. (Sec. 3) Requires the Administrator to permit SIPs for nonattainment areas to reward sources of any air pollutant for which a national standard is in effect if such a source makes, and reports consistent achievement of, significant reductions in emissions of such pollutant below the benchmarks set by SIPs. Encourages States to design market-based strategies for attaining standards that focus on obtaining low cost reductions for all sources. Requires the Administrator to revise the rules relating to new source review and conformity so that States may comply with such rules with only minor revisions to SIPs for transitional ozone areas. (Sec. 4) Directs the Administrator to carry out certain requirements with respect to research on PM and tropospheric ozone. (Sec. 5) Authorizes appropriations.",2025-08-21T16:11:37Z,
105-hr-3441,105,hr,3441,National Environmental Education Amendments Act of 1998,Environmental Protection,1998-03-11,1998-03-27,"Referred to the Subcommittee on Early Childhood, Youth and Families.",House,"Rep. Klug, Scott L. [R-WI-2]",WI,R,K000274,15,"National Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound.  Requires that implementation of the Act be through EPA.  Eliminates requirements for a Director and a minimum number of staff.  Allows activities to be carried out through grants, cooperative agreements, or contracts. Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000.  Prohibits the use of grants for certain lobbying activities. Repeals the authority for environmental internships and fellowships. Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. Revises requirements for membership on the National Environmental Education Advisory Council.  Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education.  (Under current law, membership must include specified agency representatives.)  Repeals specific requirements for contents of Advisory Council reports. Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation.  Increases the size of the Foundation's Board of the Directors. Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use.  Allows acknowledgment of donors, but prohibits such acknowledgment from:  (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. Extends through FY 2004 the authorization of appropriations to the EPA for such Act.  Revises funding limitations.  Limits to 25 percent the amount available for administrative costs.",2025-08-21T16:11:37Z,
105-hr-3262,105,hr,3262,Children's Protection and Community Cleanup Act of 1998,Environmental Protection,1998-02-25,1998-06-09,See H.R.2727.,House,"Rep. Pallone, Frank, Jr. [D-NJ-6]",NJ,D,P000034,61,"TABLE OF CONTENTS:      Title I:  Remedy      Title II:  Community Participation and Human Health           Subtitle A:  Community Participation           Subtitle B:  Human Health           Subtitle C:  General Provisions      Title III:  Right to Know      Title IV:  Environmental Justice      Title V:  Children's Environmental Health      Title VI:  Brownfield Remediation and Environmental Cleanup           Subtitle A:  Brownfields           Subtitle B:  Innocent Landowners and Prospective                Purchaser Liability           Subtitle C:  Department of Housing and Urban Development                Brownfield Grants      Title VII:  Natural Resource Damages      Title VIII:  Federal Facilities      Title IX:  Liability      Title X:  Funding      Title XI:  Miscellaneous Children's Protection and Community Cleanup Act of 1998 - Title I: Remedy - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise general rules for the selection of remedial cleanup actions.  Removes a provision requiring the President to specifically address the long-term effectiveness of various alternative treatment or resource recovery technologies. Requires remedial actions to:  (1) make contaminated property available for beneficial use to the maximum extent practicable; and (2) protect uncontaminated groundwater and surface water, wherever technically feasible, and restore such water to beneficial uses in a reasonable time period given the circumstances of the release of the hazardous substance concerned. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires selected remedial actions, unless the President determines that a risk-based standard for a contaminant is based on data and assumptions adequate to assure protection of children's health, to reduce contamination to background levels (where more stringent) with respect to such contaminant, to the maximum extent technically feasible.  Prohibits the selection of an action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where:  (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements would be attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a law suit against the Environmental Protection Agency (EPA) prior to May 1, 1986. Eliminates a provision which allows the President to select a remedial action that does not attain a standard equivalent to a legally applicable standard if compliance with requirements is technically impracticable from an engineering perspective. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures under CERCLA. Lists requirements for actions that rely on institutional controls. Provides for funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility.  Requires such funds to be sufficient to guarantee successful performance of a remedy and, to the extent technically feasible, future beneficial reuse. Directs the EPA Administrator (Administrator) to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. (Sec. 102) Sets forth criteria for institutional control instruments.  Requires the President, if such an instrument is adopted, to record a notice of property use restriction in the public land records for the jurisdiction in which the affected property is located.  Makes such instruments enforceable in perpetuity (unless terminated and released) against holders of interest in an affected property and all persons who subsequently acquire such interest. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. Describes types of institutional control instruments, including easements.  Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire an easement to limit or control the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a response action.  Sets forth provisions regarding the President's authority to assign easements to other parties, issue orders imposing restrictions on land or natural resources, and include State institutional controls in response actions. (Sec. 103) Requires the President to ensure that a removal action is not undertaken in lieu of a long-term remedial action. Title II:  Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility.  Defines a ""covered facility"" as a facility:  (1) that has been listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity.  Expands the list of authorized grant activities and increases the maximum amount of such grants. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a covered facility available to the public throughout all phases of an action.  Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 203) Requires States or Indian tribes with covered facilities to establish Community Information and Access Offices.  Provides funding for such Offices.  Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 204) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever:  (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the covered facility is located, or ten percent of the population of a locality in which the covered facility is located, whichever is fewer, petition for a Group to be established. Directs the President to adopt any consensus recommendation of a Group on land use as part of the remedy selected for the facility, with exceptions. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of:  (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL.  Requires periodic updates of such study.  Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 205) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. Subtitle B:  Human Health - Directs the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Requires the ATSDR Administrator to perform a health assessment for each facility listed, or proposed for listing, on the NPL, including Federal facilities.  Permits related health activities to be performed in lieu of assessments for facilities that are so listed or proposed for ecological reasons only. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 213) Provides for research on exposure or tolerance limits for hazardous substances found commonly at NPL facilities in cases where adequate information on health effects of a substance is not available. Expands the duties of the ATSDR Administrator to require the Administrator to establish an inventory of exposure or tolerance limits for such substances. (Sec. 215) Directs the President, in any case in which a person is relocated in order to reduce exposure and eliminate health risks from hazardous substances, to provide to the individual the replacement value of the individual's residence. (Sec. 216) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to provide health services to communities affected by the release of hazardous substances.  Makes funds available for such services for FY 2000 through 2004. (Sec. 217) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C:  General Provisions - Sets forth effective dates for provisions of this title. Title III:  Right to Know - Requires the annual disclosure of certain information by potentially responsible parties at NPL facilities and owners or operators of facilities subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). Includes within such required disclosures information on quantities of certain hazardous substances and potential exposure of facility employees. Directs the Administrator to consolidate all annual reporting pursuant to title I of CERCLA and other Federal environmental laws to the extent not prohibited by such laws. Prescribes penalties for noncompliance with disclosure requirements. Amends EPCRA to permit the withholding of portions of information required to be disclosed under CERCLA for purposes of protecting trade secrets. (Sec. 302) Requires owners or operators of facilities subject to EPCRA reporting requirements to submit to the Administrator and State officials annual unstudied chemical release forms for each chemical subject to this section that was manufactured, processed, or used in quantities exceeding thresholds during the preceding year at the facility. Permits the Administrator to:  (1) apply such requirements to other facilities that use unstudied chemicals, as appropriate; and (2) exclude a class of facilities in a Standard Industrial Classification Code that is required to report under EPCRA if unstudied chemicals will not cause certain adverse human health or environmental effects. Makes subject to the requirements of this section an unstudied chemical:  (1) for which the information needed to complete a preliminary assessment of potential toxicity is not available; and (2) that is a compound containing at least carbon, hydrogen, and one or more of the elements chlorine, fluorine, or bromine or is a compound included on the 1990 High Production Volume List issued pursuant to the Toxic Substances Control Act.  Authorizes the addition of chemicals subject to such requirements based on health or environmental effects or presence in human tissues, food stuffs, or drinking water. Excludes from reporting requirements chemicals:  (1) that are listed under EPCRA; (2) that are high molecular weight polymers; or (3) for which information is publicly available. Sets forth provisions regarding information needed for preliminary assessment of potential toxicity of unstudied chemicals. Establishes threshold amounts of unstudied chemicals which trigger reporting requirements. Makes release form information publicly available. Authorizes petitions to the Administrator to compel certain actions under this title, including the exemption from reporting, addition of chemicals subject to reporting, and revision of thresholds. Requires the Administrator to establish a national unstudied chemicals inventory based on submitted data. Makes violations of this title subject to civil and administrative penalties under EPCRA. Provides trade secret protection for information disclosed under this title in the same manner as provided under EPCRA. Title IV:  Environmental Justice - Directs the President, acting through the Secretary of Commerce, to publish a list of special priority areas which shall be geographic areas in which residents face a high degree of economic distress or social disenfranchisement. Provides for updates to such list no later than two years after each official census count on social and economic characteristics. Describes areas to be included on such list. Requires the President to advertise the right of petition for assessment of a hazardous substance release in such areas. Directs the President to publish a list of special priority facilities which shall be those facilities located in special priority areas that are:  (1) listed in the Comprehensive Environmental Response, Compensation, and Liability Information System; (2) the subject of a petition; or (3) those the President considers appropriate. Establishes deadlines for completing preliminary assessments, site inspections, and hazard ranking of such facilities and for listing them on the NPL.  Requires the President to ensure that a remedial action for any such facility on the NPL is completed within three years of placement on the NPL.  Provides exceptions from placing such facilities on the NPL. Title V:  Children's Environmental Health - Requires the ATSDR Administrator and the Administrator to create a scientifically peer-reviewed list of environmental pollutants commonly found at facilities listed or proposed for listing on the NPL with known or suspected health risks to which fetuses and children are especially susceptible. Provides for a toxicological profile for each listed substance. each listed substance. Directs the Administrator or the Secretary of Health and Human Services, as appropriate, to review and revise, where necessary, environmental and public health regulations, risk assessment policies and procedures, and guidance documents issued under CERCLA to determine whether they consider and fully protect fetal and children's health. Incorporates fetal and children's health concerns into all health research initiatives under CERCLA. Requires the ATSDR Administrator to develop:  (1) guidelines for addressing fetal and children's health issues in health studies and research programs; and (2) criteria for determining when and what type of child-specific health study shall be conducted based on the results of a health assessment.  Expresses the sense of the Congress that the costs of such research programs should be borne by the manufacturers and processors of the hazardous substance in question. Directs the ATSDR Administrator to:  (1) establish an exposure registry for all children exposed to hazardous substances as the result of a release at an NPL facility where levels of exposure are significant for children's health; and (2) implement specified children's environmental health education and training programs. Requires all lists, profiles, studies, and research results conducted under this title to be reported or adopted only after appropriate peer review.  Sets forth requirements for peer reviews. Title VI:  Brownfield Remediation and Environmental Cleanup - Subtitle A:  Brownfields - Directs the Administrator to establish a program to award grants to local governments to inventory and conduct site assessments of brownfield sites and provide training in the cleanup of such sites.  Defines a ""brownfield site"" as land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence of hazardous substances, pollutants, or contaminants. Sets forth grant application requirements and grant conditions. Requires States to submit information to the Administrator on brownfield sites.  Directs the Administrator to compile a National Brownfields Registry. Directs the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites, including associated rivers and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of affected brownfield sites.  Sets forth grant application and agreement requirements. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. Authorizes the Administrator to award a grant to a State if necessary to facilitate the receipt of funds by local governments that do not have the capabilities to manage grants. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions and Federal facilities.  Authorizes the President to make exceptions for excluded facilities and allow grants on a facility-by-facility basis. Makes amounts available from the Hazardous Substance Superfund (Superfund) to carry out the grant programs. Authorizes appropriations for FY 1999 through 2003. (Sec. 602) Authorizes the Administrator to award grants to, and enter into cooperative agreements with, States, Indian tribes, municipalities, and other specified agencies and organizations for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 603) Requires the Administrator to provide grants and other forms of assistance for brownfields workforce training programs in communities that contain brownfield sites. Subtitle B:  Innocent Landowners and Prospective Purchaser Liability - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, ""undertaken"") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 622) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility.  Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 623) Exempts certain contiguous property owners from liability. Subtitle C:  Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects and activities for economic redevelopment of brownfield sites. Title VII:  Natural Resource Damages - Adds the reasonable costs of recovering natural resource damages to the list of recoverable damages for which liable parties are responsible under CERCLA. (Sec. 703) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource damage assessments. (Sec. 704) Authorizes a trustee for natural resources to establish an administrative record on which the trustee will base the selection of a plan for restoration of the resource.  Provides for participation of interested persons in the development of an administrative record. (Sec. 705) Provides that the presence of hazardous substances in sediments of U.S. waters above background or reference levels shall be sufficient to establish injury to natural resources for purposes of determining liability. Directs the Administrator and the appropriate natural resource trustees to report to the Congress on how response, remedial, and restoration actions are restoring and protecting natural resources affected by the facilities of:  (1) Hudson River, New York; (2) Newark and New York Bays, New York and New Jersey; (3) Housatonic River, Connecticut and Massachusetts; (4) New Bedford Harbor, Massachusetts; (5) Clark Fork River, Montana; (6) Lavaca Bay, Texas; (7) Palos Verdes, California; (8) Fox River, Wisconsin; (9) Coeur d'Alene, Idaho; and (10) Hanford, Washington. (Sec. 706) Requires natural resource trustees to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in restoration activities. (Sec. 707) Revises provisions regarding the statute of limitations on natural resource damage actions. (Sec. 708) Adds archaeological resources to the definition of ""natural resources"" under CERCLA. (Sec. 709) Authorizes citizen suits to recover natural resources damages. Title VIII:  Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government.  Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief.  Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. Requires Federal agencies to notify States and the Administrator of removal actions. Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property.  Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substances releases for which a Federal agency is potentially responsible. Title IX:  Liability - Provides exemptions to liability (including liability for contribution) for response costs for pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, a specified limited amount of hazardous substances.  Absolves certain small parties of liability based on arrangement or acceptance provisions if the substance involved was municipal solid waste or sewage sludge. Removes a provision which excludes petroleum from the definition of ""hazardous substance"" under CERCLA. Provides that persons liable for willful releases of hazardous substances or threats thereof may be liable to the United States for punitive damages in an amount of up to two times the costs incurred by Superfund as a result of such a release. Title X:  Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. (Sec. 1007) Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding:  (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Title XI:  Miscellaneous - Increases the ceiling on certain penalties under CERCLA.  Prescribes penalties for specified additional violations. (Sec. 1103) Considers a remedial action that attains applicable requirements to be protective of human health and the environment unless the President determines otherwise.  Directs the President to establish additional requirements to ensure such protection, as necessary.  Provides that the decontamination regulations for site termination issued by the Nuclear Regulatory Commission (NRC) on July 21, 1997, shall not be considered sufficiently protective. Revises the definition of ""federally permitted release"" under CERCLA with respect to releases of source, special nuclear, or byproduct material in compliance with licenses, permits, regulations, or orders pursuant to the Atomic Energy Act of 1954 to apply such definition only if such licenses, permits, regulations, or orders adequately protect groundwater. Applies requirements of this Act pertaining to Federal facilities to facilities subject to licenses or decontamination regulations for license termination issued by the NRC. Amends environmental excise tax provisions to treat uranium dioxide as a taxable chemical only if it is used as a fuel in a nuclear reactor.",2025-08-21T16:14:21Z,
105-hr-3232,105,hr,3232,Farm Sustainability and Animal Feedlot Enforcement Act,Environmental Protection,1998-02-12,1998-02-26,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Miller, George [D-CA-7]",CA,D,M000725,9,"Farm Sustainability and Animal Feedlot Enforcement Act - Amends the Federal Water Pollution Control Act to make it unlawful, except in compliance with a permit issued under this Act, to discharge pollutants from concentrated animal feeding operations. Requires permits, at a minimum, to specify the surface water and groundwater monitoring, recordkeeping, and reporting requirements necessary to ensure that no discharge of pollutants is occurring from such operations.  Provides that permits shall require operation in conformance with:  (1) applicable effluent limitations and standards of performance under the Act; and (2) an approved waste management plan. Directs the Administrator of the Environmental Protection Agency to publish guidance on the preparation and implementation of waste management plans for concentrated animal feeding operations.  Lists minimum required elements of such plans.  Provides for submission of plans by operators to the Administrator for approval.  Requires revision of guidance at least every five years. Directs the Administrator to revise regulations to ensure that concentrated animal feeding operations employ the best available technology economically achievable or, in the case of new or expanded operations, the best available demonstrated technology necessary to achieve no pollutant discharge. Requires effluent limitations and pretreatment standards for new and existing operations and standards of performance for new operations to, at a minimum and within specified time frames:  (1) require that new containment structures and waste application systems be sited and constructed to minimize the risk of pollutant discharges to water; (2) prohibit the use of unlined containment structures or those that pose a significant risk of water pollution; (3) eliminate open-air lagoons for the storage of animal waste; (4) eliminate discharges of pollutants to surface water and groundwater; (5) eliminate the atmospheric deposition of nutrients derived from such operations to water; (6) significantly reduce the liquid content of wastes; and (7) promote technologies and production practices that minimize the need for large-scale storage of animal waste. Sets forth provisions regarding joint liability of owners of animals confined at operations in violation of the Act. Sets forth conditions under which the application of animal waste to land shall be considered to be a discharge of pollutants for purposes of this Act.  Requires the Administrator to establish minimum distances from residences and environmentally sensitive locations within which animal waste shall not be applied by aerial spraying. Requires containment structures for animal waste to retain all waste produced by the operation between applications, including runoff that runs through or into any area or structure in which such waste is present.  Sets forth requirements for containment systems for wet waste operations. Directs animal owners and operators, before applying waste from an operation on land other than their own, to execute an agreement that includes terms necessary to ensure that the waste is applied in accordance with this Act.",2025-08-21T16:13:07Z,
105-hr-3238,105,hr,3238,NPDES Permit Gap Prevention Act of 1998,Environmental Protection,1998-02-12,1998-02-26,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Sessions, Pete [R-TX-5]",TX,R,S000250,19,"NPDES Permit Gap Prevention Act of 1998 - Amends the Federal Water Pollution Control Act to provide that if the Administrator of the Environmental Protection Agency or a State with an approved permit program does not reissue or withdraw a National Pollutant Discharge Elimination System (NPDES) permit on or before the permit's expiration date, the permit shall remain in full force and effect and new discharges may be authorized under such permit until reissued or withdrawn.",2025-08-21T16:13:28Z,
105-s-1639,105,s,1639,Federal Facilities Community Right-To-Know Act of 1998,Environmental Protection,1998-02-12,1998-02-12,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Coverdell, Paul [R-GA]",GA,R,C000813,0,"Federal Facilities Community Right-To-Know Act of 1998 - Amends the Emergency Planning and Community Right-To-Know Act of 1986 to include the United States in the definition of ""person"" under such Act (thus providing for coverage of Federal facilities).",2025-08-21T16:12:36Z,
105-hr-3180,105,hr,3180,Innovative Environmental Strategies Act of 1997,Environmental Protection,1998-02-11,1998-03-03,"Referred to the Subcommittee on Health and Environment, and in addition to the Subcommittee on Finance and Hazardous Materials, for a period to be subsequently determined by the Chairman.",House,"Rep. Dooley, Calvin M. [D-CA-20]",CA,D,D000424,8,"Innovative Environmental Strategies Act of 1997 - Authorizes owners or operators of facilities subject to Environmental Protection Agency (EPA) rules, requirements, policies, or practices to submit proposals for innovative environmental strategies for achieving better environmental results to the EPA Administrator.  Excludes rules for emissions reductions under the Clean Air Act and certain reporting requirements under the Emergency Planning and Community Right to Know Act of 1986 from the definition of ""rule."" Authorizes the Administrator to enter into an innovative environmental strategy agreement with a facility upon approval of the proposal and subject to other specified requirements.  Permits such agreements to:  (1) modify or waive otherwise applicable EPA rules, requirements, policies, or practices; (2) establish new environmental standards for a facility; or (3) establish new requirements not contained in existing rules or statutes.  Bars such agreements from contravening the specific terms of a statute.  Declares that such agreements should further the purposes of environmental statutes. Requires the Administrator to establish procedures under which a person other than the owner or operator may cosponsor a proposal. Gives priority to proposals cosponsored by stakeholder groups. Sets forth requirements for the stakeholder participation process.  Permits the Administrator to limit the number of stakeholder participants if it is determined that such participants adequately represent the full range of interests (excluding competitive business interests) that may be affected by the innovative environmental strategy. Lists conditions for the approval of agreements, including that a strategy is expected to achieve better environmental results.  Requires the Administrator to give great weight to stakeholders in determining whether to approve or disapprove a strategy.  Sets forth conditions under which the Administrator shall deny a proposal if individual stakeholders object. Provides that if a proposed strategy involves waiving or modifying requirements under State, tribal, or local law, the Administrator shall not approve an agreement unless procedures required under such laws for waivers or modifications are followed. Requires agreements to include enforceable requirements and permits agreements to include voluntary commitments.  Provides that failure to implement a voluntary commitment constitutes a ground for agreement termination. Sets forth conditions under which the Administrator may terminate agreements. Limits agreements to five-year terms, with exceptions.  Provides for renewals. Provides for judicial review of a decision by the Administrator to enter into an agreement. Limits the number of agreements to 50 and authorizes the Administrator to limit the number to fewer than 50. Requires the Administrator to:  (1) give priority consideration to proposals from small businesses; (2) ensure that agreements reflect proposals from a diversity of industrial sectors; and (3) establish a program to facilitate development of proposals from small businesses. Sets forth limits on the purposes and uses of agreements. Directs the Administrator to study and report to the Congress on whether approaches embodied in an innovative environmental strategy should be proposed for incorporation in a statute or regulation. Requires the Administrator to report to the Congress on the aggregate effect of agreements. Permits the Administrator to provide grants for technical assistance to stakeholder groups. Authorizes appropriations.",2025-08-21T16:13:32Z,
105-s-1576,105,s,1576,A bill to amend the Clean Air Act to permit the exclusive application of California State regulations regarding reformulated gasoline in certain areas within the State.,Environmental Protection,1998-01-28,1998-09-16,Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 105-879.,Senate,"Sen. Feinstein, Dianne [D-CA]",CA,D,F000062,0,Amends the Clean Air Act to allow reformulated gasoline rules of States for which a certain waiver is in effect (permitting them to enforce State motor vehicle emissions standards) to apply in an ozone nonattainment area in lieu of Environmental Protection Agency-promulgated requirements if the State rules will achieve reductions in the aggregate mass of emissions of toxic air pollutants and the aggregate mass of emissions of ozone-forming compounds at least as great as would result from application of the Federal requirements.,2025-01-14T17:12:38Z,
105-hr-3042,105,hr,3042,Environmental Policy and Conflict Resolution Act of 1997,Environmental Protection,1997-11-13,1998-02-11,Became Public Law No: 105-156.,House,"Rep. Kolbe, Jim [R-AZ-5]",AZ,R,K000306,1,"Environmental Policy and Conflict Resolution Act of 1997 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to include on the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation the chairperson of the President's Council on Environmental Quality. Revises the purposes and authority of the Foundation to include establishment of the United States Institute for Environmental Conflict Resolution to assist the Government in implementing environmental assessment provisions of the National Environmental Policy Act of 1969. Establishes the Environmental Dispute Resolution Fund in the Treasury for the establishment and operation of the Institute. Establishes procedures for use by a Federal agency of the Foundation and the Institute to provide assessment, mediation, or related services in connection with a dispute or conflict related to the environment, public lands, or natural resources. Authorizes appropriations to the Fund for capitalization and operation costs.",2025-07-21T19:44:15Z,
105-hr-3065,105,hr,3065,Less Pollution Through Technology Act of 1997,Environmental Protection,1997-11-13,1997-12-09,"Referred to the Subcommittee on Health and Environment, and in addition to the Subcommittee on Finance and Hazardous Materials, for a period to be subsequently determined by the Chairman.",House,"Rep. Lofgren, Zoe [D-CA-16]",CA,D,L000397,2,"Less Pollution Through Technology Act of 1997 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish and implement a performance-based measurement system to facilitate the use of new environmental monitoring technologies, particularly monitoring required to demonstrate compliance with laws and regulations. Deems existing analytical methods to be acceptable to the Administrator until determined otherwise. Deems performance-based measurement systems to be equivalent to existing EPA analytical methods for purposes of compliance with environmental statutes and regulations. Requires the Administrator to establish a Performance-Based Measurement System Advisory Committee. Directs the Administrator to submit a plan to establish a performance-based measurement system approval process to the Congress.",2025-08-21T16:13:41Z,
105-s-1553,105,s,1553,Long Island Sound Preservation and Protection Act of 1997,Environmental Protection,1997-11-13,1997-11-13,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. D'Amato, Alfonse [R-NY]",NY,R,D000018,1,"Long Island Sound Preservation and Protection Act of 1997 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping in Long Island Sound or Block Island Sound of dredged material exceeding 25,000 cubic yards from any Federal or non-Federal project that contains any of the constituents prohibited as other than trace contaminants (as defined by certain Federal ocean dumping criteria set forth in the Code of Federal Regulations), except where it is demonstrated to and certified by the Administrator of the Environmental Protection Agency that such dumping will not cause significant undesirable effects, including the threat associated with bioaccumulation of such constituents in marine organisms. Requires any dumping of dredged material in Long Island Sound or Block Island Sound from a Federal project pursuant to Federal authorization, or by a non-Federal applicant, exceeding 25,000 cubic yards, to comply with specified criteria under the Act relating the effects of dumping.",2025-08-21T16:11:24Z,
105-hr-2980,105,hr,2980,National Beverage Container Recycling Initiative Act,Environmental Protection,1997-11-09,1997-12-09,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Allen, Thomas H. [D-ME-1]",ME,D,A000357,0,"National Beverage Container Recycling Initiative Act - Amends the Solid Waste Disposal Act to prohibit the sale of beer, ale, or other drinks produced by fermenting malt, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form (except for dairy products) in beverage containers by retailers and distributors unless such containers carry a refund value of five cents.  Bars sales of wine and spirits unless their beverage containers carry a refund value of 15 cents.  Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires:  (1) distributors to collect from retailers or redemption centers the refund value for each beverage sold to retailers; and (2) retailers to collect from consumers the refund value for each beverage sold to consumers.  Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold.  Authorizes retailers to limit the daily amount of containers accepted from any one person. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in that State).  Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from:  (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements substantially similar to those under this Act. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Prescribes civil penalties for violations of this Act.",2025-08-21T16:14:03Z,
105-hr-3000,105,hr,3000,Superfund Reform Act,Environmental Protection,1997-11-09,1998-06-22,See H.R.2727.,House,"Rep. Oxley, Michael G. [R-OH-4]",OH,R,O000163,45,"TABLE OF CONTENTS:      Title I:  Remedy Selection      Title II:  Liability      Title III:  Brownfields      Title IV:  Natural Resource Damages      Title V:  State Role      Title VI:  Federal Facilities      Title VII:  Community Participation      Title VIII:  Miscellaneous      Title IX:  Funding           Subtitle A:  Expenditures From the Hazardous Substance                Superfund           Subtitle B:  5-Year Extension of Hazardous Substance                Superfund Superfund Reform Act - Title I:  Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation.  Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis.  Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for groundwater:  (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to:  (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame.  Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup.  Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards.  Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to:  (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to:  (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels.  Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection.  Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million.  Permits the Board to review remedies for which the estimated cost is less than such amount, if requested.  Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when:  (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 108) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources.  Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site.  Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II:  Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to:  (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest.    Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability:  (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to:  (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment.  Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement.  Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs).  Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where:  (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States.  Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action:  (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements.  Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section.  Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth:  (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that:  (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person:  (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable, with respect to any item of a recyclable material, if the item:  (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III:  Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility.  Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL.  Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, ""undertaken"") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof.  Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV:  Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages.  Bars recovery based on non-use values.  Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law.  Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V:  State Role - Authorizes the Administrator to delegate authority to States to:  (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance.  Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI:  Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government.  Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges.  States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII:  Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if:  (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities.  Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII:  Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to:  (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to:  (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX:  Funding - Subtitle A:  Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized.  Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B:  5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002.  Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.",2025-08-21T16:14:44Z,
105-hr-3020,105,hr,3020,Brownfields Reclamation Act of 1997,Environmental Protection,1997-11-09,1997-11-24,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Stokes, Louis [D-OH-11]",OH,D,S000948,0,"TABLE OF CONTENTS:      Title I:  Federal Support for State Voluntary Cleanup           Programs      Title II:  Tax Incentive for the Assessment, Cleanup, and           Brownfields Property-Site Economic Redevelopment      Title III:  Limiting Out-Year Environmental Risk Liability      Title IV:  Environmental Assessment and Cleanup Research,           Development, and Deployment      Title V:  Encouraging Public-Private-Community Partnerships      Title VI:  Annual Program Evaluation Brownfields Reclamation Act of 1997 - Title I:  Federal Support for State Voluntary Cleanup Programs - Directs the Administrator of the Environmental Protection Agency (EPA) to facilitate and sustain State voluntary cleanup programs by:  (1) encouraging State and tribal governments to formulate cleanup, redevelopment, and reuse programs that meet specified criteria; (2) encouraging State programs to assure community participation in decisions regarding brownfields properties, cleanup, redevelopment, and reuse; (3) providing funding for site inventories, inspections, and assessments and grants for the establishment of revolving funds; and (4) providing technical assistance for brownfields programs. Defines ""brownfields"" as abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by environmental contamination and where conditions, constraints, or circumstances exist that may be detrimental to public health or the environment. Title II:  Tax Incentive for the Assessment, Cleanup, and Brownfields Property-Site Economic Redevelopment - Requires the Administrator to work with the Comptroller of the Currency to revise the Community Reinvestment Act Credit to include giving credit to banks that provide loans for the assessment, cleanup, or redevelopment of brownfields properties. Declares that the purpose of the tax incentive is to encourage site reuse by permitting the deductibility of certain remediation costs. Directs the Administrator to allocate tax incentives among States with voluntary cleanup programs. Limits tax incentives to a maximum of 50 percent of total project costs and to no more than the difference between such costs and comparable costs for a greenfield property located at the market periphery (or a clean site within the same jurisdiction).  Authorizes States to offer complementary tax incentives for property remediation and reuse. Title III:  Limiting Out-Year Environmental Risk Liability - Defines ""out-year environmental risk liability"" as liability regarding an environmental or public health hazard not discovered during property cleanup assessment or cleanup of a brownfields property. Permits the Administrator to consider a prospective purchaser agreement, with respect to purchasers of brownfields properties, which releases a purchaser from liability to the United States if there are substantial benefits to the Government and the community and such purchaser satisfies other specified criteria. Requires the Administrator to work with the private insurance industry to determine the feasibility of three basic insurance mechanisms (private, Federal, or a joint program involving shared risk) for addressing the issue of out-year environmental risk liability. Title IV:  Environmental Assessment and Cleanup Research, Development, and Deployment - Directs the Administrator to make project grants available to local technology centers and universities to research, develop, and deploy innovative property assessment, public health assessment, and cleanup technologies, procedures, and related information. Title V:  Encouraging Public-Private-Community Partnerships - Requires the Administrator to:  (1) require community consultation on the extent of required cleanup in relation to ultimate reuse and reuse impact on the neighborhood and community; (2) sustain or expand Federal funding for training for property environmental assessment and cleanup and for technical assistance and research in brownfields cleanup and redevelopment strategies; and (3) assist the Administrator of the Agency for Toxic Substances and Disease Registry in providing technical assistance for health assessments. Requires the Administrator to make up to 20 grants annually for job training for property assessment and cleanup.  Authorizes additional appropriations to support EPA Environmental Finance Centers with respect to technical assistance and research in brownfields cleanup and redevelopment strategies. Title VI:  Annual Program Evaluation - Terminates this Act five years after enactment. Directs the Administrator to report annually to the Congress on program activity and to report on the impact and cost-effectiveness of this Act.",2025-08-21T16:11:19Z,
105-s-1497,105,s,1497,Equity and Public Involvement in Superfund Act of 1997,Environmental Protection,1997-11-09,1998-10-21,Sponsor introductory remarks on measure. (CR S12909-12910),Senate,"Sen. Lautenberg, Frank R. [D-NJ]",NJ,D,L000123,0,"TABLE OF CONTENTS:      Title I:  Enhanced Community Participation      Title II:  Liability Equity and Public Involvement in Superfund Act of 1997 - Title I:  Enhanced Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to define:  (1) ""affected community"" as a group of two or more individuals who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant from a covered facility; and (2) ""covered facility"" as a facility listed or proposed for listing on the National Priorities List (NPL) at which the President is undertaking a removal action expected to exceed one year or a specified funding limit or with respect to which the Administrator of the Agency for Toxic Substances and Disease Registry has accepted a petition requesting a health assessment and that is under investigation by the Administrator (Administrator) of the Environmental Protection Agency (EPA). (Sec. 102) Requires the President to make all records in the administrative record, with stated exceptions, available to an affected community throughout all phases of a response action. (Sec. 103) Sets forth requirements for expanded public participation in the response action process.  Authorizes a member of a local community to propose a remedial action alternative in the same manner as any other interested party. Directs the President to assist in the establishment of a community advisory group for a covered facility to achieve direct and meaningful communication among community members throughout the response action process if:  (1) requested by a specified amount of residents of the area in which the facility is located or of any local government; or (2) such group would achieve the purposes of this Act.  Requires the President to consult with the group in developing and implementing the response action for a covered facility. Directs the President to ensure that the membership of such group reflects the composition of the affected community and a diversity of interests. Authorizes the President to make technical assistance grants to affected communities (including community advisory groups) for use in:  (1) interpreting information and presenting recipient views with regard to a response action; (2) disseminating information to other members of the local community; or (3) providing funding for training to enable citizens to participate more effectively in the response process. (Sec. 104) Permits States or Indian tribes with NPL facilities within their borders or reservation boundaries, respectively, to establish waste site information offices funded by EPA grants. Requires the Administrator to establish such an office within EPA for States or Indian tribes that fail to do so.  Requires such offices to inform the public of opportunities to participate under CERCLA and to serve as clearinghouses of information on waste, hazardous substances, covered facilities, and technical assistance. (Sec. 105) Directs the Administrator to conduct a program to assist in the recruitment and training of individuals in an affected community for employment in response actions. Requires the Administrator to solicit the assistance of the waste site information office in identifying three facilities in the area covered by each EPA regional office in major urban areas or other areas with minority and low-income populations that are likely to warrant inclusion on the NPL.  Accords such facilities a priority in evaluation for NPL listing and scoring. Title II:  Liability - Provides exemptions from liability under CERCLA for:  (1) certain owners or operators of real property contiguous to a facility at which there has been a release or a threatened release; (2) pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, hazardous substances and the total of materials containing such substances did not exceed a specified amount; and (3) certain owners, operators, or lessees of residential property, businesses with fewer than 100 employees, or small nonprofit organizations whose liability is based on arrangement or acceptance provisions with respect to municipal solid waste (MSW). Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before January 1, 1997, eligible for settlements.  Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions.  Authorizes the President to require such municipalities to perform or participate in response actions at the facility.  Considers two or more municipalities that jointly own or operate a facility to be single owners for purposes of calculating settlement offers.  Terminates liability limitations two years after this Act's enactment date unless a municipality participates in a qualified household hazardous waste collection program. Makes persons who commence actions for recovery or contribution of response costs against non-liable persons or those who have entered into expedited settlement agreements liable to the defendant for all reasonable defense costs. (Sec. 202) Adds to the list of parties eligible for expedited final settlements:  (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs.  Revises conditions of eligibility for such settlements for de minimis parties.  Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Establishes a moratorium on litigation for recovery or contribution of response costs from any person eligible for an expedited settlement within a specified time frame. Authorizes the President to require, as a condition of expedited settlements or settlements with municipalities with respect to NPL landfills described under this Act, that a potentially responsible party waive some or all of the claims that the party may have against other potentially responsible parties for all response costs incurred at the facility.",2025-08-21T16:11:13Z,
105-hr-2952,105,hr,2952,Indoor Air Act of 1997,Environmental Protection,1997-11-08,1997-11-20,Referred to the Subcommittee on Health and Environment.,House,"Rep. Kennedy, Joseph P., II [D-MA-8]",MA,D,K000110,1,"Indoor Air Act of 1997 - Directs the Administrator of the Environmental Protection Agency to publish:  (1) a list of common significant indoor air health risks; and (2) concurrently with such list, voluntary guidelines for identifying, reducing, and preventing such risks. Requires the Administrator to give priority to conducting and providing financial or other assistance to studies concerning indoor air quality. Directs the Administrator to:  (1) report to the Congress on persons operating contractor businesses engaged in the identification, reduction, and prevention of significant indoor air health risks and on the need for a program to certify contractors engaged in such activities; and (2) establish a voluntary certification program for contractors engaged in the identification of such risks.  Imposes fees for certification.  Authorizes the suspension or revocation of certifications for violations of certification requirements. Directs the Administrator to publish and disseminate the list of common significant indoor air health risks, the guidelines for identifying, reducing, and preventing such risks, and indoor air health advisories addressing the health effects of such risks. Requires the Administrator to develop a voluntary program to provide Federal recognition to buildings that are operated and maintained to prevent or minimize such risks and that provide significant energy efficiency benefits. Authorizes the Administrator to provide grants to States and local governments to implement programs to identify, reduce, and prevent such risks. Requires the Director of the National Institute for Occupational Safety and Health to implement a Building Assessment Program to provide assistance and guidance to employers and employees on measures to reduce such risks.  Authorizes the Director, at the request of an employer or employee, to conduct on-site assessments of buildings. Directs the Administrator to ensure that the presentation of information on significant indoor air health risks is unbiased and informative. Authorizes appropriations.",2025-08-21T16:15:01Z,
105-hr-2961,105,hr,2961,To permit the Administrator of the Environmental Protection Agency to enter into cooperative research and development agreements for environmental protection.,Environmental Protection,1997-11-08,1997-11-18,Referred to the Subcommittee on Energy and Environment.,House,"Rep. Olver, John W. [D-MA-1]",MA,D,O000085,0,"Authorizes the Administrator of the Environmental Protection Agency (EPA) to enter into cooperative research and development agreements with colleges and universities, State environmental protection agencies, and nonprofit organizations to participate in a cooperative research unit to develop research and training programs relating to environmental protection. Limits EPA's participation in the cooperative research unit to: (1) the assignment by the Administrator of EPA scientific personnel to serve at the unit; (2) the provision of assistance for the work of researchers on environmental protection projects; (3) the provision of equipment; and (4) the payment of incidental expenses of EPA personnel and employees of other entities assigned to the unit.",2024-02-07T15:21:41Z,
105-s-1480,105,s,1480,Harmful Algal Bloom Research and Hypoxia Research and Control Act of 1998,Environmental Protection,1997-11-08,1998-09-30,Placed on Senate Legislative Calendar under General Orders. Calendar No. 667.,Senate,"Sen. Snowe, Olympia J. [R-ME]",ME,R,S000663,10,"Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 - Establishes the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia and requires it to develop plans for comprehensive, coordinated, and timely Federal responses to:  (1) harmful algal blooms; and (2) hypoxia in U.S. coastal waters.  Requires the Task Force to submit three annual reports to the Congress and the President.  Authorizes the President to disestablish the Task Force after submission of its third annual report. Requires the Task Force to submit to the Congress and the President an integrated assessment of hypoxia in the northern Gulf of Mexico. Directs the President to develop and submit to the Congress a plan based on that assessment for reducing, mitigating, and controlling hypoxia in that area.  Mandates publication of a report summary for public comment before submission to the Congress. Authorizes appropriations to the Secretary of Commerce for research, education, and management related to the prevention, reduction, and control of harmful algal blooms and hypoxia. Amends the National Sea Grant College Program Act to allow specified amounts to be used for competitive grants for university research, education, training, and advisory services (currently, for university research) on Pfiesteria piscicida and other harmful algal blooms. Amends the Coastal Zone Management Act of 1972 to authorize appropriations for technical assistance to support State implementation and analysis of the effectiveness of measures to prevent, reduce, mitigate, or control harmful algal blooms and hypoxia.",2025-04-07T15:34:08Z,
105-hr-2910,105,hr,2910,Mercury Environmental Risk and Comprehensive Utilization Reduction Initiative,Environmental Protection,1997-11-07,1997-11-25,"Referred to the Subcommittee on Department Operations, Nutrition and Foreign Agriculture.",House,"Rep. Pallone, Frank, Jr. [D-NJ-6]",NJ,D,P000034,3,"Mercury Environmental Risk and Comprehensive Utilization Reduction Initiative - Amends the Solid Waste Disposal Act (SWDA) to prohibit the sale or offering for sale of an alkaline or lead-acid battery unless the container is clearly labeled with a refund value, to be determined by the Administrator of the Environmental Protection Agency according to class or category.  Requires distributors of batteries to collect amounts of refund values from retailers and retailers to collect such amounts from consumers.  Establishes procedures for return of refund values (and handling costs) and disposition of refunds that are unclaimed or in excess of amounts collected.  Makes amounts of unclaimed refunds available for pollution prevention and recycling programs in the State. Prohibits disposal of such a battery by a retailer or distributor in any landfill or other solid waste disposal facility. Makes the refund program's requirements inapplicable in States with procedures substantially identical to those imposed by this Act or which demonstrate a battery recycling or reuse rate of at least 70 percent. Establishes civil penalties for violations of refund program requirements. Prohibits, with stated exceptions, the intentional introduction of mercury to packaging or a packaging component during manufacturing or distribution.  Sets threshold levels for mercury presence in packaging or components.  Requires manufacturers and suppliers to furnish certificates of compliance to purchasers and make such certificates available, upon request, to the public.  Establishes civil penalties for violation of these prohibitions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the Administrator from registering or reregistering any fungicide containing phenylmercuric acetate and cancels existing registrations of such fungicides. Requires the Administrator to study and report to the Congress on the use and disposal of mercury by the Department of Defense.  Requires the Secretary of Defense to submit a program to the Congress for reducing mercury use in military products. Amends SWDA to prohibit Federal agencies, State and local governments, and other waste management jurisdictions, after December 31, 1998, from issuing a permit or other prior approval for the construction or expansion of a municipal solid waste incinerator unless the applicant completes an environmental impact statement.  Requires State solid waste plans to provide for separation, for recycling purposes, of mercury-containing items to be listed by the Administrator, including batteries, fluorescent light bulbs, electrical switches, and thermostats. Amends the Clean Air Act to remove an exemption of electric utility steam generating units from the applicability of standards promulgated by the Administrator regarding certain hazardous air pollutants.  Requires as part of a permit program administered by an air pollution control agency, in the case of such generating units and municipal and medical waste incinerators, the imposition of an additional fee of $500 per pound of mercury emissions from the unit or a greater amount determined to be necessary to cover the costs of a program to research technologies to reduce mercury emissions and remediate mercury contamination. Requires the Secretary of Health and Human Services, through the Food and Drug Administration, to:  (1) compile a list of drugs and foods containing intentionally introduced mercury compounds, together with a quantitative and qualitative analysis of such compounds; and (2) study the effect on humans of the use of such compounds in nasal sprays.",2025-08-21T16:12:51Z,
105-hr-2914,105,hr,2914,Sound Science for the Environment Act,Environmental Protection,1997-11-07,1997-11-13,Referred to the Subcommittee on Basic Research.,House,"Rep. Saxton, Jim [R-NJ-3]",NJ,R,S000097,92,"Sound Science for the Environment Act - Authorizes and directs the National Science Foundation (NSF) to establish a National Institute for the Environment to:  (1) initiate, facilitate, and perform comprehensive assessments of the current state of knowledge of environmental issues and their implications; (2) establish a Center for Environmental Assessment; (3) award competitively grants and contracts for extramural scientific research; (4) establish an Office of Research and a universally accessible National Library for the Environment; and (5) sponsor education and training of environmental scientists and professionals and improve public environmental literacy. Establishes a Board of Governors for the Institute. Requires the Institute to be operated by a nonprofit organization under contract with the NSF. Provides for interagency acquisition of information and requires the Committee on Environment and Natural Resources of the National Science and Technology Council or an equivalent body to serve as an Interagency Advisory Committee to ensure that the scientific efforts of the Institute and Federal agencies are complementary. Makes scientists, engineers, and other researchers eligible to receive funding from the Institute. Authorizes appropriations.",2025-08-21T16:12:24Z,
105-s-1386,105,s,1386,A bill to facilitate the remediation of contaminated sediments in the waters of the United States.,Environmental Protection,1997-11-06,1997-11-06,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Levin, Carl [D-MI]",MI,D,L000261,1,"Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the Administrator of the Environmental Protection Agency to establish final numerical sediment quality criteria for the ten toxic, persistent, or bioaccumulative substances that are most likely to adversely affect human health and the environment.  Provides for review and revision of the list of such substances every three years. Directs the Administrator to revise the hazard ranking system (part of the national hazardous substance response plan under CERCLA) to ensure that the system more accurately assesses the health and environmental risks from aquatic sites with contaminated sediments (as such term is applied under provisions of the Federal Water Pollution Control Act (Clean Water Act) dealing with contaminated sediments in the Great Lakes).  Prohibits such assessment from including consideration of costs of carrying out response actions or requiring identification of the source of a hazardous substance release. Authorizes the Administrator to expend up to $3 million per fiscal year out of the Hazardous Substance Superfund to carry out response and other corrective actions at facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions). Requires the Administrator, from the national survey of data regarding aquatic sediment quality conducted under the Water Resources Development Act of 1992, to identify the 20 facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions) that are most likely to adversely affect health and the environment and that have not been the subject of Federal or State response actions or other corrective actions.  Directs the Administrator to prepare and submit to the Congress a comprehensive scoring package under the hazard ranking system for each facility unless a State or remedial action planning committee objects to the assessment necessary for scoring in an area or watershed under its jurisdiction. Provides that criteria for determining priorities among hazardous substance releases for purposes of taking remedial action shall not be based on the extent to which the President can identify potentially responsible parties or specific sources of a release. Requires the Administrator to report to the Congress on the extent to which the hazard ranking system (as revised in 1990) has achieved certain objectives regarding accurate assessment of health and environmental risks posed by facilities and water contamination risks.",2025-01-14T17:12:38Z,
105-hr-2823,105,hr,2823,National Urban Watershed Model Restoration Act,Environmental Protection,1997-11-05,1997-11-17,Referred to the Subcommittee on Water Resources and Environment.,House,"Del. Norton, Eleanor Holmes [D-DC-At Large]",DC,D,N000147,4,"National Urban Watershed Model Restoration Act - Directs the Administrator of the Environmental Protection Agency to develop and carry out a pilot program to serve as a national model for the restoration of urban watersheds and community environments.  Requires such program to be carried out in the Anacostia River watershed, District of Columbia and Maryland. Authorizes the Administrator to set aside amounts for grants to local community groups and nonprofit organizations to foster community involvement in the decision making process, environmental educational goals, and restoration strategies. Authorizes appropriations.",2025-08-21T16:13:38Z,
105-s-1348,105,s,1348,Innovative Environmental Strategies Act of 1997,Environmental Protection,1997-10-30,1997-10-30,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Lieberman, Joseph I. [D-CT]",CT,D,L000304,4,"Innovative Environmental Strategies Act of 1997 - Authorizes owners or operators of facilities subject to Environmental Protection Agency (EPA) rules, requirements, policies, or practices to submit proposals for innovative environmental strategies for achieving better environmental results to the EPA Administrator.  Excludes rules for emissions reductions under the Clean Air Act and certain reporting requirements under the Emergency Planning and Community Right to Know Act of 1986 from the definition of ""rule."" Authorizes the Administrator to enter into an innovative environmental strategy agreement with a facility upon approval of the proposal and subject to other specified requirements.  Permits such agreements to:  (1) modify or waive otherwise applicable EPA rules, requirements, policies, or practices; (2) establish new environmental standards for a facility; or (3) establish new requirements not contained in existing rules or statutes.  Bars such agreements from contravening the specific terms of a statute.  Declares that such agreements should further the purposes of environmental statutes. Requires the Administrator to establish procedures under which a person other than the owner or operator may cosponsor a proposal. Gives priority to proposals cosponsored by stakeholder groups. Sets forth requirements for the stakeholder participation process.  Permits the Administrator to limit the number of stakeholder participants if it is determined that such participants adequately represent the full range of interests (excluding competitive business interests) that may be affected by the innovative environmental strategy. Lists conditions for the approval of agreements, including that a strategy is expected to achieve better environmental results.  Requires the Administrator to give great weight to stakeholders in determining whether to approve or disapprove a strategy.  Sets forth conditions under which the Administrator shall deny a proposal if individual stakeholders object. Provides that if a proposed strategy involves waiving or modifying requirements under State, tribal, or local law, the Administrator shall not approve an agreement unless procedures required under such laws for waivers or modifications are followed. Requires agreements to include enforceable requirements and permits agreements to include voluntary commitments.  Provides that failure to implement a voluntary commitment constitutes a ground for agreement termination. Sets forth conditions under which the Administrator may terminate agreements. Limits agreements to five-year terms, with exceptions.  Provides for renewals. Provides for judicial review of a decision by the Administrator to enter into an agreement. Limits the number of agreements to 50 and authorizes the Administrator to limit the number to fewer than 50. Requires the Administrator to:  (1) give priority consideration to proposals from small businesses; (2) ensure that agreements reflect proposals from a diversity of industrial sectors; and (3) establish a program to facilitate development of proposals from small businesses. Sets forth limits on the purposes and uses of agreements. Directs the Administrator to study and report to the Congress on whether approaches embodied in an innovative environmental strategy should be proposed for incorporation in a statute or regulation. Requires the Administrator to report to the Congress on the aggregate effect of agreements. Permits the Administrator to provide grants for technical assistance to stakeholder groups. Authorizes appropriations.",2025-08-21T16:13:02Z,
105-hr-2762,105,hr,2762,Wetlands and Watershed Management Act of 1997,Environmental Protection,1997-10-29,1997-12-09,Subcommittee Hearings Held.,House,"Rep. Gilchrest, Wayne T. [R-MD-1]",MD,R,G000180,0,"Wetlands and Watershed Management Act of 1997 - Amends the Federal Water Pollution Control Act to include wetlands in the definition of ""navigable waters."" Declares that areas certified by the Secretary of Agriculture as prior converted cropland are not navigable waters unless cropping has ceased and the area meets the definition of wetland. Defines ""wetlands"" as areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Directs the Secretary of the Army (Secretary), acting through the Chief of Engineers, the Administrator of the Environmental Protection Agency, and the Secretaries of the Interior, Commerce, and Agriculture, to use the Corps of Engineers Wetlands Delineation Manual (1987) in carrying out provisions regarding permits for discharges of dredged or fill material into navigable waters unless a new manual has been formally adopted.  Requires any new manual to specifically consider the recommendations of the 1995 National Academy of Sciences report concerning the characteristics and boundaries of wetlands. Directs the Secretary to develop materials and conduct training courses for consultants, State and local governments, and landowners explaining the use of the 1987 Manual in the delineation of wetland areas. Authorizes the Secretary and the Administrator to develop supplemental technical criteria and procedures pertaining to wetland hydrology, soils, and vegetation for identification of regional wetland types. Makes the alteration (including draining, dredging, and excavation) of navigable waters unlawful, except as in compliance with the Act. Requires applicants for Federal permits (for potential discharges into, or alterations of, navigable waters) to provide a certification from the State where the discharge or alteration originates that the discharge or alteration will comply with applicable provisions of the Act and allow for protection, achievement, and maintenance of designated uses included in applicable water quality standards. Defines ""discharge of dredged material"" as any addition of dredged material into navigable waters, including any addition incidental to any activity that would have the effect of degrading any area of such waters, including wetlands. Directs the Secretary and the Administrator to establish and implement a permit monitoring and tracking program on a watershed basis to monitor the cumulative impact of individual and general permits issued for discharges of dredged or fill material.  Includes within the purpose of such program the determination of whether such activities are consistent with the national goal of achieving no net loss of the functions and acres of wetlands. Authorizes appropriations. Requires (currently, authorizes) the revocation of any general permit for the discharge of dredged or fill material if the activities authorized by the permit have adverse environmental impacts or are more appropriately authorized by individual permits or if a State or regional entity has failed to monitor the adverse effects of activities authorized by State programmatic general permits. Authorizes the Secretary to issue programmatic general permits on a Statewide basis to avoid unnecessary duplication of regulations by Federal, State, and regional programs. Requires such permits to include safeguards to ensure that the State program will have no more than minimal environmental impacts and will provide at least the same degree of protection for the environment and for Federal interests as provided by the Act. Provides for continuation of existing general permits unless otherwise modified, revoked, or held invalid. Exempts certain agricultural activities performed on wetlands from regulation under specified permit provisions. Requires dredged or fill material permit applications to provide for mitigation measures, including compensatory mitigation, with respect to effects on wetlands.  Directs the Secretary to issue proposed rules defining the exceptional circumstances in which preservation of wetlands is permissible as a mitigation option. Provides for the establishment of mitigation banks (sites where wetlands or other aquatic resources have been restored, created, or preserved for purposes of providing compensatory mitigation credits to offset authorized impacts to similar resources). Permits State Governors to submit comprehensive wetlands and watershed management plans to the Administrator and the Secretary for approval. Authorizes the Administrator to make grants to approved State management entities for carrying out specified activities in the development of such plans.  Authorizes appropriations. Provides for expedited permit processing, at the request of an approved State management entity, for a dredged or fill material permit if the permit application is in compliance with an approved wetlands and watershed management plan. Requires the Secretary to carry out a research program on wetlands and watershed management. Authorizes the Administrator to make grants to States for activities that implement dredged or fill material permit provisions through:  (1) State assumption of permitting; (2) permitting through a programmatic general permit; and (3) other monitoring, management, protection, and enforcement activities. Authorizes appropriations. Requires the Administrator or the Secretary, as appropriate and upon request, to provide technical assistance to State and local governments in the development and implementation of dredged or fill material permit programs and wetlands and watershed management plans. Provides for training courses for States and local governments with respect to wetland delineation, utilization, restoration, and planning and other appropriate subjects. Directs the Administrator and the Secretary to provide guidebooks or other materials and technical assistance to private landowners for identifying, evaluating, and restoring wetlands and developing integrated wetland management plans consistent with this Act. Authorizes citizen suits with respect to violations of conditions included in a general permit, mitigation banking instrument, or other mitigation requirement.",2025-08-21T16:13:54Z,
105-s-1332,105,s,1332,State Environmental Audit Protection Act,Environmental Protection,1997-10-29,1997-11-12,Sponsor introductory remarks on measure. (CR S12535-12536),Senate,"Sen. Enzi, Michael B. [R-WY]",WY,R,E000285,0,"State Environmental Audit Protection Act - Amends Federal law to allow State laws to provide that:  (1) voluntary environmental audit reports shall not be subject to discovery under Federal, State, or local law or be admissible as evidence in Federal, State, or local judicial actions or administrative proceedings; (2) individuals performing such audits shall not be required to give testimony in such actions or proceedings; and (3) an entity that promptly discloses information about noncompliance with specified Federal environmental and other laws (covered laws) that is discovered through an audit or compliance management system may be protected from an enforcement action in such actions or proceedings. Makes protections from discovery or testimony inapplicable to information that is otherwise required to be disclosed under law. Makes protection unavailable with respect to noncompliance with a covered Federal law that is not discovered voluntarily or that is the result of a willful and knowing violation or gross negligence by the entity disclosing the information. Bars Federal agencies from:  (1) refusing to delegate enforcement authority under a covered Federal law to a State or local agency or to approve a State or local program under such a law because the State has a voluntary environmental audit incentive law in effect; (2) making a permit, contract, or settlement agreement contingent on a person waiving any protection under such State law; or (3) taking any other action that has the effect of requiring a State to rescind or limit any protection of such law. Requires States to report annually to the appropriate Federal agencies on the performance of such laws in order for the protections to apply. Amends the Small Business Act to expand the duties of small business development centers to include assisting small businesses in complying with requirements necessary to receive protections provided by State voluntary environmental audit incentive laws.",2025-08-21T16:13:21Z,
105-hr-2750,105,hr,2750,Superfund Cleanup Acceleration and Liability Equity Act,Environmental Protection,1997-10-28,1998-06-09,See H.R.2727.,House,"Rep. Barcia, James A. [D-MI-5]",MI,D,B000134,3,"TABLE OF CONTENTS:      Title I:  Remedy Selection      Title II:  Liability and Allocation      Title III:  Community Participation and Human Health           Subtitle A:  Community Participation           Subtitle B:  Human Health           Subtitle C:  General Provisions      Title IV:  Natural Resource Damages      Title V:  State Role      Title VI:  General Provisions Superfund Cleanup Acceleration and Liability Equity Act - Title I:  Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise provisions regarding general rules for remedy selection.  Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses.  Permits land use assumptions restricting future use to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria have been or will be adopted in the final remedy. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis.  Prohibits the use of groundwater from being identified as drinking water for groundwater:  (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to:  (1) determine the nature and extent of risk to human health and the environment; (2) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (3) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires the President, where a final remedy relies on stabilization, containment, or engineering controls to limit exposure, institutional controls, or other measures, to include requirements for regular monitoring or oversight of the effectiveness and protectiveness of the remedy. Provides certain procedures for the remediation of hot spots. Revises provisions regarding the degree of cleanup.  Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Requires response actions to return usable groundwater to beneficial uses, wherever practicable, within a time frame that is reasonable given the particular circumstances of the site.  Sets forth additional objectives for response actions with respect to remedy selection for groundwater. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely manner. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner.  Requires the President to emphasize performance-based standards.  Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources.  Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action.  Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 103) Requires risk assessments and characterizations conducted under CERCLA to:  (1) provide scientifically objective, informative, and understandable assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; and (3) be based on the best, relevant, and current scientific and technical information. (Sec. 104) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 105) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 107) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after October 28, 1997. Requires the Environmental Protection Agency (EPA) to maintain a process to update remedies for which design, construction, or operation and maintenance activities are ongoing as of this Act's enactment date in order to bring past decisions into line with the current state of knowledge with respect to remediation science, technology and engineering, best available facility data, and the most recent EPA policy and guidance. Title II:  Liability and Allocation - Revises liability provisions to provide exemptions from liability, for response costs incurred after October 28, 1997, for activity prior to such date, for certain small businesses, persons arranging for disposal, treatment, or transport of only municipal solid waste or sewage sludge who are businesses with fewer than 100 employees, and de micromis parties other than owners or operators who do not impede the performance of a response action or natural resource restoration at an NPL facility. Absolves of liability:  (1) owners or operators who are bona fide prospective purchasers of an NPL facility or persons who inherited such a facility; or (2) Federal or State governmental entities or municipalities whose liability is based solely on ownership of a right-of-way or public transportation route over which hazardous substances are transported or on the granting of a license to conduct business. Exempts from liability U.S. Government actions taken in response to a natural disaster. Limits liability with respect to:  (1) response costs incurred after October 28, 1997, for activity prior to such date by certain non-owners or operators who arranged for the disposal, treatment, or transport of only municipal solid waste or sewage sludge; (2) codisposal landfills proposed for listing on the NPL before such date that are owned or operated by municipalities and not subject to criteria for solid waste landfills under the Solid Waste Disposal Act; and (3) response costs incurred after such date by certain owners or operators who are tax-exempt organizations. Exempts certain contiguous property owners from liability. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of being a bona fide prospective purchaser described above.  Prescribes conditions for such liens.  Bars liens with respect to property:  (1) for which the property owner preceding the first such purchaser is not liable or has resolved liability; or (2) where an audit or inquiry gives the purchaser no reason to know of the release of hazardous substances. Makes amendments pertaining to liability exemptions and limitations inapplicable to actions brought for costs incurred before October 28, 1997. (Sec. 202) Adds to the list of parties eligible for expedited final settlements certain small businesses or parties whose contribution of hazardous substances was small. (Sec. 203) Adds provisions to effect the allocation of liability for response costs at multiparty facilities.  Provides for mandatory (at NPL facilities at which response costs are incurred after October 28, 1997) and requested allocations. Places a moratorium on litigation asserting claims for, or seeking recovery of, response costs in connection with actions for which allocations are required or initiated until 90 days after issuance of the allocator's report.  Stays pending actions or claims, until such prescribed period, unless the court determines that a stay will result in manifest injustice. Sets forth requirements concerning the allocation process, including those for the notification of potentially responsible parties (PRPs) and determinations regarding de minimis parties. Authorizes the allocation parties to select a neutral allocator from a list provided by the EPA Administrator (Administrator) or from candidates proposed by the parties. Permits PRPs, prior to the issuance of the allocator's report, to submit a private allocation to the allocator.  Requires the allocator to adopt such allocation as the report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Sets forth components of orphan shares.  Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Prescribes civil and criminal penalties for failures to comply with the allocator's request for information or for making knowingly false statements. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Includes within settlements based on allocated shares:  (1) a waiver of contribution rights against all PRPs for the response costs as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from the Hazardous Substance Superfund (Superfund) for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement.  Lists maximum amounts for premia authorized for litigation risk.  Permits the Administrator to modify such amounts.  Provides for reimbursements of premia under certain conditions. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth provisions regarding funding of orphan shares. Makes Federal agencies identified as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this section shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 204) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that:  (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that:  (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person:  (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. (Sec. 205) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. Title III:  Community Participation and Human Health - Subtitle A:  Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of hazardous substances at a facility listed or proposed for listing on the NPL or at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit (covered facility)).  Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action.  Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 303) Directs the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever:  (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established.  Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of:  (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL.  Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 305) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 306) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and to identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL.  Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 307) Authorizes grants from Superfund to be made to nonprofit organizations for the training and education of workers engaged in activities related to hazardous waste removal or containment or emergency response.  Allocates 20 percent of such grants for training of minority and other community-based workers engaged in such activities.  Raises the maximum amount allowed for such grants for FY 1999 through 2003. Subtitle B:  Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 314) Authorizes the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 315) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C:  General Provisions - Sets forth effective dates for provisions of this title. Title IV:  Natural Resource Damages - Removes natural resource liability provisions.  Requires sums recovered for such damages by the U.S. Government, a State, or an Indian tribe to be used only for reasonable restoration measures for such resources. (Sec. 402) Sets forth requirements for the designation of a lead trustee in cases where more than one Federal, State, or tribal trustee has cause to conduct a natural resource damage assessment. (Sec. 403) Requires Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 404) Makes the amendments made by this title inapplicable to actions to recover such damages that were filed before October 28, 1997. (Sec. 405) Limits the measure of natural resource damages to the reasonable costs of:  (1) assessing such damages; (2) restoring such resources; and (3) the lost-use of such resources occurring after December 11, 1980.  Bars recovery for any impairment of nonuse values as a separate compensable damage.  Prohibits contingent valuation methodology and other economic polling techniques from being used to value lost natural resource services or particular restoration alternatives. (Sec. 406) Sets forth goals of natural resource restoration. (Sec. 407) Bars double recovery by a Federal, State, or tribal trustee under any Act for natural resource damages. (Sec. 408) Permits recovery of natural resource damages by a trustee only if the damage assessment demonstrates that the hazardous substance release was a cause of any alleged natural resource injuries that deviate from the baseline condition. Title V:  State Role - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require:  (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL.  Sets forth requirements for State enforcement and allocation of liability. (Sec. 502) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. Title VI:  General Provisions - Provides that the approval of a State Governor is not necessary before the President lists a facility on the NPL.",2025-08-21T16:11:28Z,
105-s-1321,105,s,1321,"A bill to amend the Federal Water Pollution Control Act to permit grants for the national estuary program to be used for the development and implementation of a comprehensive conservation and management plan, to reauthorize appropriations to carry out the program, and for other purposes.",Environmental Protection,1997-10-28,1998-07-09,Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 105-819.,Senate,"Sen. Torricelli, Robert G. [D-NJ]",NJ,D,T000317,20,"Amends the Clean Water Act to require grants made under the National Estuary Program to be used for assisting activities necessary for the development and implementation of conservation and management plans (currently, for research and other technical work necessary for the development of such plans). Reauthorizes appropriations for the Program for FY 1999 through 2004.",2025-04-07T15:32:30Z,
105-hr-2733,105,hr,2733,Superfund Recycling Equity Act of 1997,Environmental Protection,1997-10-24,1998-06-09,See H.R.2727.,House,"Rep. Tauzin, W. J. (Billy) [R-LA-3]",LA,R,T000058,310,"Superfund Recycling Equity Act of 1997- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that:  (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person:  (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.",2025-08-21T16:13:06Z,
105-hr-2741,105,hr,2741,"To provide a conditional exemption under section 404 of the Federal Water Pollution Control Act, relating to discharges of dredged or fill material, for maintenance of certain flood control projects.",Environmental Protection,1997-10-24,1998-01-28,Subcommittee Hearings Held.,House,"Rep. McKeon, Howard P. ""Buck"" [R-CA-25]",CA,R,M000508,17,Amends the Federal Water Pollution Control Act to exempt maintenance and repair of partially vegetated flood control channels that are components of flood control projects from regulation under provisions regarding permits for discharges of dredged or fill material.,2025-04-07T15:23:27Z,
105-s-1317,105,s,1317,Environmental Health Protection Act of 1997,Environmental Protection,1997-10-24,1997-10-24,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Lautenberg, Frank R. [D-NJ]",NJ,D,L000123,1,"Environmental Health Protection Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to notify State, local, and tribal public health authorities whenever a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred or is about to occur and such release is under investigation pursuant to CERCLA. Provides that in a public health emergency, exposed persons shall be eligible for referral to licensed or accredited health care providers.  (Currently, such persons are eligible for admission to hospitals and other facilities and services operated by the Public Health Service.) Requires the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to prepare toxicological profiles of hazardous substances that are not currently on the list of those that pose a most significant threat to human health but have been detected at covered facilities and are determined to pose a significant potential health threat due to known or suspected toxicity to humans and potential for human exposure.  Defines ""covered facilities"" as facilities:  (1) that are listed or proposed for listing on the National Priorities List (NPL); (2) at which the Administrator of the Environmental Protection Agency is undertaking a removal action that is anticipated to exceed one year or a specified funding limit; or (3) with respect to which the ATSDR Administrator has approved a petition for a health assessment or related health activity. Includes Indian tribes in the list of individuals to whom the ATSDR Administrator is required to provide consultations on health issues related to hazardous substance exposure.  Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Directs the ATSDR Administrator to perform a health assessment or related health activity for each covered facility (currently a health assessment for each NPL facility).  Applies existing authorities related to assessments to health activities as well. Requires the President and the ATSDR Administrator to exchange information necessary to make a public health determination sufficiently before completion of a remedial investigation and feasibility study to allow full consideration of the public health implications of a release.  Bars the delay of progress of a remedial action pending completion of a health assessment or health related activity. Includes cumulative effects of chemicals in the list of factors to be considered in a health assessment. Expands the list of parties to whom completed health assessments and recommendations are to be provided to include Indian tribes, local health officials, community advisory groups, and waste site information offices. Requires the ATSDR Administrator to include in the biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Provides for the distribution of:  (1) medical education materials on hazardous substance exposure to local health officials; and (2) educational materials on human health effects of such substances to communities potentially affected by a facility. Requires the ATSDR Administrator to facilitate the provision of environmental health services in communities that:  (1) may have been or may be subject to exposure to a hazardous substance from a covered facility; and (2) have a medically underserved population or lack sufficient expertise in environmental health. Directs the ATSDR Administrator, if considered appropriate, to conduct health education activities to make a community near a covered facility aware of the steps the community may take to mitigate or prevent exposure to hazardous substances and the health effects of such substances. Requires the ATSDR Administrator to conduct a study relating to the identification, assessment, and management of, and response to, multiple sources of exposure affecting or potentially affecting a community.",2025-08-21T16:12:58Z,
105-hr-2727,105,hr,2727,"Superfund Acceleration, Fairness, and Efficiency Act",Environmental Protection,1997-10-23,1998-06-17,Sponsor introductory remarks on measure. (CR H4641),House,"Rep. Boehlert, Sherwood [R-NY-23]",NY,R,B000586,45,"Title I:  Remedy Selection and Environmental Standards      Title II:  Community Participation and Human Health           Subtitle A:  Community Participation           Subtitle B:  Human Health      Title III:  Liability Reform      Title IV:  Brownfields Revitalization      Title V:  State Role      Title VI:  Natural Resources Damages      Title VII:  Oil Pollution      Title VIII:  Miscellaneous      Title IX:  Funding           Subtitle A:  Expenditures From the Hazardous Substance                Superfund           Subtitle B:  5-Year Extension of Hazardous Substance                Superfund Superfund Acceleration, Fairness, and Efficiency Act - Title I: Remedy Selection and Environmental Standards - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Authorizes remedial actions to achieve protection of human health and the environment through:  (1) treatment that reduces the toxicity, mobility, or volume of hazardous substances, pollutants, or contaminants; (2) natural attenuation; (3) containment or other controls to limit exposure or release; (4) removal of contaminated media; (5) a combination of treatment, containment, and removal; or (6) other methods of protection.  (Current law requires that actions in which treatment which permanently and significantly reduces the volume, toxicity, or mobility of such substances is a principal element are to be preferred over actions not involving such treatment.) Requires the President to give preference to remedies that include a treatment component for discrete areas within a facility that contain:  (1) high concentrations of highly toxic substances that present such a threat to human health or the environment that it would be imprudent to rely solely on remedies that exclude such component; or (2) high concentrations of such substances that cannot be controlled reliably through engineered barriers and therefore could present such threats if not treated. Directs the President, in any case in which a selected action allows hazardous substances to remain on-site at a facility above concentration levels that would be protective for unrestricted use, to:  (1) include, as an integral component of the remedy, restrictions on the use of land, water or other resources to provide long-term health and environmental protection; (2) not determine the remedy to be complete until a mechanism is established to ensure ongoing monitoring and operation and maintenance of the remedy and until necessary institutional controls are implemented and subject to monitoring and enforcement; and (3) ensure that such controls remain in effect as long as necessary to protect human health and the environment. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures except in extraordinary circumstances. Establishes public notice requirements with respect to the selection of remedies at facilities relying on such controls. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decision as an integral component of the remedy at facilities that are, or have been, on the National Priorities List (NPL). Requires the Administrator of the Environmental Protection Agency (EPA) to report annually to specified congressional committees on each record of decision signed during the previous fiscal year, the type of institutional controls and media affected, and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 104) Revises requirements for the degree of cleanup. Requires the President, in determining what is protective of human health and the environment, to conduct site-specific human health and ecological risk assessments.  Bases human exposure assessments on the reasonably anticipated uses of land and water.  Bases determinations of what is protective of plants and animals on the significance of impacts from a release or threatened release of hazardous substances to a local ecosystem and plant and animal communities or populations. Requires selected remedies to take into account reasonably anticipated beneficial uses of:  (1) land at a facility and, as appropriate, of nearby property; and (2) groundwater that are or may be impacted by releases or threatened releases and the timing of such uses.  Sets forth assumptions to be made by the Administrator regarding such uses. Requires remedial actions with respect to hazardous substances that will remain onsite to comply with requirements applicable to the operation of such actions and that will attain at least any promulgated concentration levels applicable to determining the level of cleanup for actions under:  (1) a Federal environmental or facility siting law legally applicable to the substance concerned; or (2) a legally applicable State law that is identified by the State to the President as applicable at the facility to the proposed remedial alternative, that is of general applicability, and that is consistently applied to response actions in the State. Requires final remedies, to the extent technically practicable, to prevent impairment of any designated use of surface water under the Federal Water Pollution Control Act and to ensure that uncontaminated groundwater is protected from contamination unless:  (1) the remedial action includes natural attenuation to facilitate restoration of groundwater to beneficial use within a reasonable period of time; (2) an alternative concentration limit has been adopted; or (3) the groundwater has no beneficial use.  Requires final remedies to prevent or eliminate, at a minimum, human ingestion or exposure to drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternative water supply. (Sec. 105) Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner.  Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. (Sec. 106) Authorizes the President, to expedite and increase the efficiency of the remedy selection process, to establish generic remedies where such remedies are demonstrated to be effective in protecting human health and the environment.  Permits such remedies to provide for consideration of site-specific factors along with generic approaches for particular categories of sites.  Waives the requirement for a site-specific risk assessment (other than a baseline) in cases where generic remedies are applied. Permits the Administrator to issue waivers of generic remedies if information submitted by the interested party demonstrates that a generic remedy is inappropriate or that another alternative can protect human health and the environment through less costly means. (Sec. 107) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources.  Permits easements to be used whenever institutional controls have been selected as a component of a remedial action and the national contingency plan.  Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property.  Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 108) Requires risk assessments and characterizations conducted under CERCLA to:  (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Directs the President to:  (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. (Sec. 109) Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million.  Permits the Board to review remedies for which the estimated cost is less than such amount, if requested.  Authorizes the President to establish a different threshold for remedy review for U.S.-owned or operated facilities.  Provides for public notice of such reviews. (Sec. 110) Directs the President to review past Superfund records of decision, upon request of an interested party within 12 months of this Act's enactment date, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection.  Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Title II:  Community Participation and Human Health - Subtitle A:  Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits Community Advisory Groups, affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 203) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 204) Authorizes a State with an NPL site to establish a Superfund Site Information Office.  Requires the Administrator to provide financial and other assistance to States for establishment and operation of such Offices.  Directs the Administrator to establish such Offices within EPA for States that fail to do so. (Sec. 205) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to Community Advisory Groups or affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 207) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 208) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever:  (1) the President determines such a group will be helpful; or (2) 25 individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established.  Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide technical and administrative support for such Groups. (Sec. 209) Directs the Administrator to submit to the Congress and Superfund Site Information Offices a community study that includes an analysis of:  (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study.  Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B:  Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when:  (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL.  Accords such facilities a priority in evaluation for NPL listing and scoring. Title III:  Liability Reform - Revises limits on obligations from the Hazardous Substance Superfund (Superfund) to continue response actions.  Bars the President from taking or requiring response actions at any facility after $4 million has been expended or two years have elapsed from the date of initial response unless the facility is on or proposed to be on the NPL or:  (1) continued response actions are required to prevent or mitigate an emergency; (2) there is immediate risk to public health or welfare or the environment; and (3) such assistance will not be otherwise provided on a timely basis. Revises confidentiality requirements with respect to information regarding response actions and applies such requirements to contractors. (Sec. 302) Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. (Sec. 304) Absolves of liability for response costs and damages certain owners or operators and contiguous property owners, including persons who inherited the property concerned or received it by charitable donation and government entities that acquired property involuntarily or through eminent domain, if such persons:  (1) did not cause or contribute to the hazardous substance release that caused the incurrence of response costs; and (2) exercised due care with respect to such substance.  Exempts from liability construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised due care upon discovery of such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above.  Prescribes conditions for such liens. Bars liens with respect to property:  (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. (Sec. 305) Absolves certain small businesses and de minimis parties of liability with respect to actions taken before October 23, 1997. Removes such exemption if the de minimis materials contribute significantly to response costs or to natural resource damages. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 306) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs).  Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action:  (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 307) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. Bars actions against contractors more than six years after the completion of work.  Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 308) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies.  Requires such decrees to provide authority for the Federal district court with jurisdiction to resolve disagreements.    Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. Revises provisions regarding mixed funding to require the President to reimburse parties from Superfund where settlements or administrative orders require them to perform response actions at NPL sites where the costs will exceed the aggregate equitable shares of costs.  Provides special conditions for funding with respect to settlements entered into, or orders issued, before October 23, 1997. Authorizes the President to delay reimbursements in fiscal years in which funds are unavailable. Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that:  (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. (Sec. 309) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from liability for environmental response actions with respect to NPL facilities. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that:   (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that:  (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Deems transactions involving used oil to be arranging for recycling if the person involved demonstrates that:  (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material was not mixed with hazardous waste regardless of when generated; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; (5) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act; and (6) the transaction was not for the purpose of recycling used oil by using it for dust suppression. Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained:  (1) polychlorinated biphenyls in excess of the threshold for regulation under the Toxic Substances Control Act; or (2) a concentration of a solid waste determined by the Administrator to be inherently waste-like (including certain hazardous wastes and sludges) pursuant to specified Federal regulations. (Sec. 310) Requires the President, upon request of two or more PRPs at an NPL facility or vessel, to initiate an allocation for a response action at such facility or vessel if:  (1) the action is not the subject of a consent decree entered, or an administrative order issued, before October 23, 1997; and (2) the aggregate costs of all actions at such facility or vessel are estimated to exceed $5 million.  Provides for allocations, upon request of such parties, for actions that are undergoing construction pursuant to such decrees or orders if provided for under Section 311 of this Act. Makes the allocation process inapplicable to any U.S.-owned or operated facility or vessel and any facility or vessel for which there is only one PRP or for which there has been a final settlement, decree, or order that determines the allocated shares of all PRPs. Sets forth requirements for the President in initiating the allocation process. Authorizes the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth requirements for the selection of a neutral, third party allocator by PRPs or the President.  Describes the allocator's authorities.  Authorizes the allocator, based on collected information, to amend the list of PRPs to add, delete, or change the status of such parties.  Permits allocation parties to submit the names of additional PRPs to the allocator. Sets forth procedures for the allocation of response costs to PRPs and Superfund by the allocator.  Divides unattributable shares pro rata among the allocation parties and Superfund.  Requires the allocator to issue an allocation report identifying the share of response costs attributable to each party, individually and by category, and to Superfund.  Permits private allocations submitted by allocation parties to be adopted as the allocation report under certain conditions. Sets forth:  (1) confidentiality requirements with respect to documents submitted to the allocator; (2) conditions under which the Administrator and Attorney General may reject the allocator's report; and (3) requirements for accepting settlements based on allocations. Authorizes the United States to commence an action against any allocation party that has not resolved its liability to the United States following an allocation. (Sec. 311) Sets forth conditions under which parties responsible for carrying out response actions pursuant to consent decrees entered, or administrative orders issued, before October 23, 1997, shall be entitled to mixed funding. Title IV:  Brownfields Revitalization - Directs the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for:  (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities.  Defines a ""brownfield facility"" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Makes Superfund monies available for such grants. (Sec. 402) Authorizes the Administrator to provide technical and other assistance to States to establish and expand State voluntary cleanup programs.  Makes limited amounts available from Superfund for FY 1998 through 2002 for such assistance. (Sec. 403) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the NPL at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action if a voluntary response action is being conducted under an approved State plan or the action has been certified as complete by a State.  Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. Title V:  State Role - Authorizes the Administrator to delegate authority to States to take specified actions at NPL facilities, including actions relating to response, liability, settlements, allocations, Federal facilities, remedy selections, and community participation. Sets forth administrative provisions and restrictions on such authority. Authorizes States to request delisting of NPL facilities for which responsibility has been transferred.  Permits the Administrator to withdraw State authority under certain conditions.  Sets forth conditions under which the President may take actions in States to which authorities have been delegated. (Sec. 502) Allows the Administrator to authorize States to implement a State hazardous substance response program in lieu of the response action authorities of this Act at any NPL facility. Sets forth administrative provisions and restrictions on such authority. Permits States to delist a facility from the NPL if no further action to address the contamination is necessary to protect health and the environment or cleanup is proceeding under the Solid Waste Disposal Act.  Authorizes the Administrator to withdraw State authority under certain conditions.  Sets forth conditions under which the President may take actions in States implementing State response programs. (Sec. 503) Requires the Administrator to provide grants to, or enter into contracts with, States to which authorities have been delegated. Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and the costs of operation and maintenance. (Sec. 506) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located.  Authorizes the President to add a facility without a Governor's concurrence 12 months following the request for concurrence if the Governor has not taken a response action to address the release or threatened release at the facility and the facility presents sufficient risks under the Hazard Ranking System to be listed as a national priority. Provides for deferrals to listing if long-term remedial action will be conducted under other Federal authorities or if remedial action that will provide long-term health and environmental protection is underway under a State response program. (Sec. 507) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 508) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. Title VI:  Natural Resources Damages - Revises provisions regarding liability for natural resources damages to include the governments of foreign countries whose natural resources are damaged in the list of parties to which a charged party may be liable. (Sec. 604) Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes and foreign governments. (Sec. 606) Limits the measure of damages to a natural resource to: (1) reasonable costs of restoration; (2) the loss of use by the public of the resource prior to restoration, except that any loss before December 11, 1980 (CERCLA's enactment date), shall not be recoverable; and (3) costs of reasonable assessment of damages to the resource.  Bars recovery for psychological damages. (Sec. 607) Sets forth requirements for damage assessments by Federal, State, Indian tribe, and foreign trustees. (Sec. 608) Requires all assessments to be adjudicated in a de novo trial in a Federal district court.  Provides for public participation in the damage assessment process.  Limits admissibility of relevant evidence that is not made public. (Sec. 610) Permits sums recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 611) Precludes trustees who receive compensation for natural resources damages or claims pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law.  Bars recovery under such other laws if recovery for such resources is made under this Act.  Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for natural resources damages where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 613)  Requires a foreign claimant, in order to recover such damages, to demonstrate that:  (1) he or she has not been otherwise compensated for such damages; and (2) recovery is authorized by an agreement between the United States and the claimant's country or the Secretary of State has certified that such country provides a comparable remedy for U.S.  claimants. Permits foreign claims for damages resulting from a release or threatened release in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country only if the release is from: (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; or (3) a vessel carrying a hazardous substance as cargo between two places in the United States. (Sec. 614) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title VII:  Oil Pollution - Amends the Oil Pollution Act of 1990 to make amendments conforming to those made to CERCLA in Title VI of this Act with respect to natural resources damages, recovery, and liability. Title VIII:  Miscellaneous - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection.  Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to the Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 803) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund.  Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. Title IX:  Funding - Subtitle A:  Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized.  Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B:  5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1997, and before January 1, 2003. Extends specified provisions regarding:  (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund.",2025-08-21T16:14:32Z,
105-hr-2654,105,hr,2654,To amend the Solid Waste Disposal Act to permit States and political subdivisions to control the disposal of out-of-State municipal solid waste within their boundaries.,Environmental Protection,1997-10-09,1997-10-27,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Greenwood, James C. [R-PA-8]",PA,R,G000439,0,"Amends the Solid Waste Disposal Act (SWDA) to authorize State Governors to impose limitations or prohibitions on the receipt of out-of-State municipal solid waste by landfills or incinerators. Permits a political subdivision:  (1) notwithstanding such limitation or prohibition, to permit incinerators or landfills located in the subdivision to receive such waste; and (2) in the absence of such a limitation or prohibition, to impose a limitation or prohibition on the receipt of such waste by incinerators or landfills in the subdivision. Exempts the following from this Act's authorities:  (1) solid waste identified as a hazardous waste under the SWDA; (2) solid waste resulting from a response action under the Comprehensive Environmental Response, Compensation, and Liability Act or a comparable State law or from a corrective action under the SWDA; (3) recyclable materials that have been separated from waste destined for disposal; (4) materials and products returned from a dispenser or distributor to the manufacturer for credit, evaluation, and possible reuse; (5) specified solid waste that is generated by an industrial facility and is transported to a facility affiliated with the generator for purposes of treatment, storage, or disposal; and (6) medical waste that is not mixed with other solid waste.",2024-02-05T14:30:09Z,
105-hr-2670,105,hr,2670,"To amend the Federal Water Pollution Control Act to permit grants for the national estuary program to be used for the development and implementation of a comprehensive conservation and management plan, to reauthorize appropriations to carry out the program, and for other purposes.",Environmental Protection,1997-10-09,1997-10-23,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Saxton, Jim [R-NJ-3]",NJ,R,S000097,37,"Amends the Clean Water Act to require grants made under the National Estuary Program to be used for assisting activities necessary for the development and implementation of conservation and management plans (currently, for research and other technical work necessary for the development of such plans). Reauthorizes appropriations for the Program for FY 1998 through 2003.",2025-04-07T14:47:00Z,
105-hr-2627,105,hr,2627,Asthma Inhalers Regulatory Relief Act of 1997,Environmental Protection,1997-10-07,1997-11-14,Referred to the Subcommittee on Health and Environment.,House,"Rep. Foley, Mark [R-FL-16]",FL,R,F000238,29,"Asthma Inhalers Regulatory Relief Act of 1997 - Bars the Administrator of the Environmental Protection Agency, under title VI of the Clean Air Act, from prohibiting the manufacture, distribution, or sale of metered-dose inhalers that use chlorofluorocarbons unless the Administrator and the Commissioner of Food and Drugs jointly certify to the Congress that alternatives are available for all populations of inhaler users that are comparable in terms of safety, effectiveness, costs, and retail availability.",2025-08-21T16:12:25Z,
105-hr-2601,105,hr,2601,To exempt prescribed burning on national forestlands from regulation under the Clean Air Act.,Environmental Protection,1997-10-01,1997-10-15,Referred to the Subcommittee on Health and Environment.,House,"Rep. Rogan, James E. [R-CA-27]",CA,R,R000386,4,Amends the Clean Air Act to suspend the application of such Act to prescribed burning carried out by the Secretary of Agriculture on national forest system lands for purposes of demonstrating that an aggressive prescribed burning program over time will lower the total amount of particulate produced from combined outputs of prescribed fires and wildfires.,2024-02-05T14:30:09Z,
105-s-1224,105,s,1224,Federal Facility Superfund Compliance Act of 1997,Environmental Protection,1997-09-26,1997-09-26,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Allard, Wayne [R-CO]",CO,R,A000109,1,"Federal Facility Superfund Compliance Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to subject each department, agency, and instrumentality of the Federal Government to all Federal, State, interstate, and local requirements and other laws relating to response or restoration actions or management of hazardous waste, pollutants, or contaminants (current law refers only to compliance with CERCLA provisions) in the same manner and to the same extent as a nongovernmental entity.  Waives any U.S. immunity otherwise applicable with respect to any such requirement. Absolves Federal employees of personal liability for civil penalties under Federal or State law relating to response actions or management of hazardous substances for acts or omissions within the scope of official duties.  Makes Federal employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions. Authorizes the Administrator of the Environmental Protection Agency to issue an abatement order to a Federal entity and requires initiation of an administrative enforcement action in the same manner and under the same circumstances as action would be initiated against any other person. Removes provisions for application (and preemption) of State laws concerning removal and remedial action at Federal facilities not on the National Priorities List. Precludes interagency remedial action agreements from impairing or diminishing State, local, individual, or court authority to enforce requirements of State or Federal law, unless such requirements have been addressed or waived without objection after notice to the State.",2025-08-21T16:14:49Z,
105-hr-2479,105,hr,2479,To authorize a study by the National Academy of Sciences on the migration of plutonium underground at the Nevada Test Site.,Environmental Protection,1997-09-16,1997-10-27,Executive Comment Requested from DOE.,House,"Rep. Ensign, John [R-NV-1]",NV,R,E000194,1,"Instructs the Secretary of Energy to contract with the National Academy of Sciences to study and report to the Congress on:  (1) the extent and manner of plutonium migration from each test location at the Nevada Test Site; (2) the extent of its expected future migration; and (3) the potential for current and future human exposure and possible health risks to communities. Urges that such study consider:  (1) all future potential routes of exposure, such as use of contaminated groundwater as drinking water; and (2) potential future trends in population growth over the next 1,000 years in the Nevada Test Site vicinity.",2025-06-06T14:17:56Z,
105-hr-2485,105,hr,2485,Common Sense Superfund Liability Relief Act of 1997,Environmental Protection,1997-09-16,1998-06-09,See H.R.2727.,House,"Rep. Stupak, Bart [D-MI-1]",MI,D,S001045,22,"Common Sense Superfund Liability Relief Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is:  (1) the owner, operator, or lessee of residential property; (2) a small business; or (3) a small nonprofit organization. Adds provisions related to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, ""undertaken"") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility.  Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken.",2025-08-21T16:11:33Z,
105-s-1176,105,s,1176,State and Local Government Participation Act of 1997,Environmental Protection,1997-09-15,1997-09-15,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Thomas, Craig [R-WY]",WY,R,T000162,1,"State and Local Government Participation Act of 1997 - Amends the National Environmental Policy Act of 1969 to require Federal officials, prior to making environmental impact statements on proposed actions and legislative proposals, to obtain the comments of Federal and State agencies and county governments (currently, Federal agencies) which have jurisdiction or special expertise with respect to involved environmental impacts.",2025-08-21T16:12:06Z,
105-hr-2451,105,hr,2451,Children's Environmental Protection Act,Environmental Protection,1997-09-10,1997-09-19,"Referred to the Subcommittee on Finance and Hazardous Materials, for a period to be subsequently determined by the Chairman.",House,"Rep. Moran, James P. [D-VA-8]",VA,D,M000933,17,"Children's Environmental Protection Act - Amends the Toxic Substances Control Act to state U.S. policy regarding protection of vulnerable subpopulations from exposure to environmental pollutants. Defines ""vulnerable subpopulations"" as children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator of the Environmental Protection Agency (EPA) as likely to experience elevated health risks from environmental pollutants. Directs the Administrator to:  (1) consistently and explicitly evaluate environmental health risks to vulnerable subpopulations in all risk assessments and characterizations, environmental and public health standards, and general regulatory decisions; (2) ensure that all EPA standards protect such subpopulations with an adequate margin of safety; (3) develop and use a separate assessment with respect to such subpopulations; and (4) issue revised standards, after reevaluation, that meet the criteria of this Act. Requires the Administrator to:  (1) identify pollutants commonly used or found in areas reasonably accessible to children; (2) create and review at least annually a list of substances with known, likely, or suspected health risks to children and a list of safer-for-children substances and products for use in such areas; (3) establish guidelines to reduce and eliminate exposure to pollutants in such areas, including advice on integrated pest management; (4) create a family right-to-know information kit; and (5) make all information described above publicly available. Directs the Administrator and the Secretaries of Agriculture and of Health and Human Services to:  (1) coordinate and support the development and implementation of research initiatives to examine the health effects and toxicity of pesticides and other pollutants on vulnerable subpopulations; and (2) report to the Congress. Authorizes appropriations.",2025-08-21T16:11:42Z,
105-s-1152,105,s,1152,National Environmental Technology Achievement Act,Environmental Protection,1997-09-08,1997-09-08,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. McCain, John [R-AZ]",AZ,R,M000303,0,"National Environmental Technology Achievement Act - Directs the Secretary of the Interior, acting through the Administrator of the Environmental Protection Agency, and the Secretary of Commerce to present an annual National Environmental Technology Achievement Award.  Requires the Award to recognize the premier technology that advances U.S. ability to prevent and clean up sources of land, air, and water pollution. Establishes the National Environmental Technology Achievement Award Panel.",2025-08-21T16:13:35Z,
105-hr-2415,105,hr,2415,To amend the Federal Water Pollution Control Act concerning the effect of administrative orders on civil penalty actions.,Environmental Protection,1997-09-05,1997-09-18,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Condit, Gary A. [D-CA-18]",CA,D,C000670,0,"Amends the Federal Water Pollution Control Act to exempt from certain civil penalties violations subject to administrative orders that occur at publicly owned treatment works utilizing innovative or alternative technology funded by Environmental Protection Agency construction grants which failed to meet design performance specifications during a period in which additional funding is being sought, or design and construction are occurring pursuant to an authorization of such funding, for modification or replacement facilities.",2025-04-07T15:24:09Z,
105-hr-2374,105,hr,2374,DeLauro-Lowey Water Pollution Control and Estuary Restoration Act,Environmental Protection,1997-08-01,1997-08-14,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Lowey, Nita M. [D-NY-18]",NY,D,L000480,20,"DeLauro-Lowey Water Pollution Control and Estuary Restoration Act - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for the State water pollution control revolving fund program through FY 2004. Requires a specified percentage (increasing with each succeeding fiscal year) of such appropriations to be used for capitalization grants for estuary plans to qualified States.  Prohibits a qualified State from submitting an estimate of needs unless the estimate is approved by each management conference that is implementing an approved estuary plan and of which the State is a member.  Makes States that fail to submit approved need estimates ineligible for assistance. Directs States to establish separate Estuary Accounts in their water pollution control revolving funds, to be used for implementing approved estuary plans.  Permits loans made with Account funds to be for terms of up to 40 years or for the useful life of a facility constructed with the loan, whichever is less, if the borrower demonstrates financial hardship.  Establishes a State matching requirement for deposits into Accounts. Requires the Administrator of the Environmental Protection Agency to make grants for the implementation of estuary conservation and management plans. Authorizes appropriations. Permits certain grants under the National Estuary Program to be used for interim actions adopted by management conferences to protect the water and sediment quality of estuaries. Extends the authorization of appropriations for management conferences, grants, conservation and management plans, and research under the National Estuary Program through FY 2002. Requires a management conference to be convened for at least five years (currently, not to exceed five years). Sets forth conditions under which management conferences may be extended or terminated. Sets forth provisions regarding the reconvening of conferences. Revises approval and implementation procedures for estuary conservation and management plans and establishes procedures for interim actions. Prohibits any activity located in U.S. waters or which serves new development in such waters from being included in a conservation and management plan or a State needs estimate unless specified Federal officials determine that:  (1) the activity is essential to reduce the discharge of pollutants into navigable waters; and (2) there is no practicable alternative to the proposed activity that would have a less adverse impact on the aquatic habitat.",2025-08-21T16:11:37Z,
105-hr-2328,105,hr,2328,Transported Air Pollution Mitigation Act of 1997,Environmental Protection,1997-07-31,1997-08-18,Referred to the Subcommittee on Health and Environment.,House,"Rep. Condit, Gary A. [D-CA-18]",CA,D,C000670,12,"Transported Air Pollution Mitigation Act of 1997 - Amends Clean Air Act provisions regarding State implementation plans for national primary and secondary ambient air quality standards to require a State, for each upwind area which causes or significantly contributes to a violation of the ambient air quality standard for ozone in a downwind area, to submit a plan revision that requires the upwind area to either:  (1) reduce emissions of ozone or its precursors by an amount necessary to mitigate impacts to pollution concentrations in the downwind area commensurate with the level of contribution caused; or (2) make payments to the State or the air quality district as compensation to the downwind area for the costs of emission reduction measures to fully mitigate the impacts of transported pollutants. Directs States which cause or significantly contribute to violations of such standards (upwind States) in another State (downwind area) to revise plan provisions for interstate pollution abatement to meet the requirements described above. Requires a State, for each Moderate ozone nonattainment area determined to cause or significantly contribute to a violation of the national ambient air quality standard for ozone in a downwind area or State, to submit a plan revision including all provisions necessary for an enhanced vehicle inspection and maintenance program described in provisions concerning Serious areas and Environmental Protection Agency regulations.  Requires amendment by a State of its plan for maintenance (required when a State requests redesignation of a nonattainment area as an area which has attained the national ambient air quality standard) to include measures for such an inspection program if the area concerned is causing or significantly contributing to a violation of such standards for ozone in a downwind area or State. Provides for amendments to maintenance plans in upwind areas and States that cause or significantly contribute to violations of such standards in downwind areas or States to require implementation of all measures contained in the State implementation plan for upwind areas before redesignation as attainment areas.  Requires implementation of all control measures necessary to fully mitigate the transport of ozone and its precursors to downwind areas.  Prohibits any relaxation or rescission of such measures as long as an upwind area or State contributes to such violations in a downwind area.",2025-08-21T16:14:30Z,
105-hr-2365,105,hr,2365,Acid Deposition Control Act,Environmental Protection,1997-07-31,1997-08-08,Referred to the Subcommittee on Health and Environment.,House,"Rep. Solomon, Gerald B. H. [R-NY-22]",NY,R,S000675,23,"Acid Deposition Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2000, to emit limited monthly amounts of nitrogen oxides.  Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations:  (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances.  Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve.  Provides for the auctioning and sale of undistributed allowances in such reserve during 2003 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for:  (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. Imposes penalties for emissions in excess of allowances.  Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2003 and subsequent years. Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay.  Directs the Administrator, by December 31, 2006, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour.  Provides for regulations to:  (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States.  Requires the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990.  Authorizes appropriations.",2025-08-21T16:11:50Z,
105-hres-211,105,hres,211,Expressing the sense of the House of Representatives regarding the conditions for the United States becoming a signatory to any international agreement on greenhouse gas emissions under the United Nations Framework Convention on Climate Change.,Environmental Protection,1997-07-31,1997-08-21,Referred to the Subcommittee on International Economic Policy and Trade.,House,"Rep. Knollenberg, Joe [R-MI-11]",MI,R,K000288,102,"Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would:  (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by:  (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.",2024-02-07T11:38:03Z,
105-s-1097,105,s,1097,Acid Deposition Control Act,Environmental Protection,1997-07-31,1998-10-06,"Subcommittee on Air, Wetlands, Property, & Nuclear. Hearings held.",Senate,"Sen. Moynihan, Daniel Patrick [D-NY]",NY,D,M001054,5,"Acid Deposition Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2000, to emit limited monthly amounts of nitrogen oxides.  Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations:  (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances.  Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve.  Provides for the auctioning and sale of undistributed allowances in such reserve during 2003 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for:  (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. Imposes penalties for emissions in excess of allowances.  Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2003 and subsequent years. Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2006, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour.  Provides for regulations to:  (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States.  Requires the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990.  Authorizes appropriations.",2025-12-19T17:42:06Z,
105-s-1084,105,s,1084,Ozone and Particulate Matter Research Act of 1997,Environmental Protection,1997-07-29,1997-10-22,"Subcommittee on Air, Wetlands, Property, & Nuclear. Hearings held. Hearings printed: S.Hrg. 105-355.",Senate,"Sen. Inhofe, James M. [R-OK]",OK,R,I000024,23,"Ozone and Particulate Matter Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency to:  (1) request the National Academy of Sciences to convene an independent panel of scientists with expertise on the health effects of air pollution to establish priorities for research on the health effects of particulate matter; and (2) report the panel's recommendations to the Congress. Requires the President to establish the Particulate Matter Interagency Committee to develop recommendations for, and periodically evaluate, a program to coordinate the activities of Federal agencies engaged in research on health effects of particulate matter that ensures that such research advances the prioritized agenda of the panel. Directs the Administrator to:  (1) review the air quality criteria and standards under the Clean Air Act for ozone and particulate matter; and (2) determine whether to retain or revise such standards and criteria or promulgate new ones. Authorizes the Administrator to require State implementation plans under such Act to require ambient air quality monitoring for fine particulate matter.  Provides for grants to States to carry out such monitoring. Reinstates the national ambient air quality standards for ozone and particulate matter in effect on July 15, 1997.  Bars revision of such standards until the Administrator's scientific review under this Act is completed. Directs the National Institutes of Health to begin a research program to study the health effects of allergens on asthmatics, particularly in inner city areas. Authorizes appropriations.",2025-12-19T17:42:06Z,
105-hr-2222,105,hr,2222,Federal Facilities Clean Water Compliance Act of 1997,Environmental Protection,1997-07-23,1997-08-04,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. DeFazio, Peter A. [D-OR-4]",OR,D,D000191,13,"Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act (the Act) to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties.  Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies.  Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits. Permits the issuance of emergency administrative orders to, and penalties against, Federal agencies.  Prohibits an administrative action commenced by the Administrator of the Environmental Protection Agency or the Secretary of the Army for violations by Federal facilities from precluding a civil enforcement action for the same violations.  Permits citizen civil actions against Federal agencies alleged to have violated orders issued by the Administrator or the Secretary or that fail to pay a penalty within one year of the effective date of a final order. Includes Federal agencies within the definition of ""person"" for purposes of the Act.",2025-08-21T16:13:57Z,
105-hr-2207,105,hr,2207,Coastal Pollution Reduction Act of 1997,Environmental Protection,1997-07-22,1998-07-09,Committee on Environment and Public Works. Hearings held.,House,"Resident Commissioner Romero-Barcelo, Carlos A. [D-PR-At Large]",PR,D,R000417,1,"Coastal Pollution Reduction Act of 1997 - Amends the Federal Water Pollution Control Act to require the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works, in order to be eligible to apply for a waiver of secondary treatment requirements, to transmit to the Administrator of the Environmental Protection Agency the results of a study of the marine environment of coastal areas in the Mayaguez area to determine the feasibility of constructing a deep ocean outfall for the treatment works. Authorizes the owner or operator of such treatment works to submit an application for modification of secondary treatment requirements. Prohibits the filing of such application unless the applicant has entered into a binding consent decree with the United States that includes certain minimum requirements for schedules of compliance, milestones, and a commitment to contribute a minimum amount to the Mayaguez Watershed Initiative.  Bars the Administrator from granting a modification unless the outfall will use a well-designed and operated diffuser that discharges into unstressed ocean waters and is situated so as to avoid discharge to coral reefs, sensitive marine resources or recreational areas, and shorelines.  Makes a modification effective only if the outfall is operational within four and a half years of the date of the Administrator's initial determination on the application. Permits certain grants for the development of estuary conservation and management plans to be used for the implementation of plans as well. Extends the authorization of appropriations for the National Estuary Program through FY 1998.",2025-04-07T15:33:09Z,
105-hr-2155,105,hr,2155,"To authorize continuation of a nationwide permit for discharges of dredged or fill materials into headwaters and isolated waters, and for other purposes.",Environmental Protection,1997-07-11,1997-07-24,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Neumann, Mark W. [R-WI-1]",WI,R,N000054,0,"Provides that, notwithstanding a contrary provision of the Federal Water Pollution Control Act, Part 330 of title 33, Code of Federal Regulations, relating to a nationwide permit for discharges of dredged or fill materials into navigable U.S. waters, shall continue as in effect on December 12, 1996, to the extent that such rules relate to nationwide permit 26.  Prohibits the Secretary of the Army from modifying or rescinding such Part as it relates to such permit.  Allows multiple permits under permit 26 to the extent that they do not cause more than minimal adverse effects to the environment.",2024-02-07T16:02:17Z,
105-hr-2138,105,hr,2138,Municipal Biological Monitoring Use Act,Environmental Protection,1997-07-10,1997-07-24,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Hefley, Joel [R-CO-5]",CO,R,H000444,2,"Municipal Biological Monitoring Use Act - Amends the Federal Water Pollution Control Act relating to a State's adoption of water quality standards to provide that, with respect to publicly owned treatment works, municipal separate storm sewer systems, and municipal combined sewer overflows (public sewer facilities), nothing in such Act shall be construed to authorize the use of water quality standards or permit effluent limitations which result in a finding of a violation upon failure of whole effluent toxicity or biological monitoring tests. Requires criteria for such testing to employ an aquatic species that is indigenous to the type of waters, a species that is representative of such species, or other appropriate species to indicate the toxicity of the effluent in the specific receiving waters, taking into account the natural biological variability of the species. States that where the permitting authority determines that the discharge from a public sewer facility has reasonable potential to cause or contribute to an in-stream excursion above the criterion for whole effluent toxicity, the permit may contain terms, conditions and limitations requiring further toxicity analysis and evaluation.  Directs the Administrator of the Environmental Protection Agency to follow the above criteria when the Administrator determines that it is necessary to include biological monitoring, whole effluent toxicity testing, or assessment methods as a permit term, condition or limitation issued to a public sewer facility.  States that the failure of a biological monitoring or whole effluent toxicity test at a public sewer facility shall not result in a finding of a violation under the Federal Water Pollution Control Act.",2025-08-21T16:12:14Z,
105-hr-2118,105,hr,2118,Ban on Smoking in Federal Buildings Act,Environmental Protection,1997-07-08,1997-10-28,Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 9 - 0.,House,"Rep. Traficant, James A., Jr. [D-OH-17]",OH,D,T000350,8,Ban on Smoking in Federal Buildings Act - Prohibits smoking in any indoor portion of a Federal building.,2025-08-21T16:13:12Z,
105-hr-2083,105,hr,2083,To prohibit the shipment of spent nuclear fuel to the Goshute Indian reservation in Utah.,Environmental Protection,1997-06-26,1997-07-10,Referred to the Subcommittee on Railroads.,House,"Rep. Cook, Merrill [R-UT-2]",UT,R,C000722,0,Prohibits the shipment of spent nuclear fuel to the Goshute Indian reservation in Utah.,2024-02-07T16:02:17Z,
105-hr-2086,105,hr,2086,"To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to limit the portion of the Superfund expended for administration, oversight, support, studies, design, investigations, monitoring, assessment, and evaluation, and enforcement activities.",Environmental Protection,1997-06-26,1997-07-14,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Gillmor, Paul E. [R-OH-5]",OH,R,G000210,12,"Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to limit the amount of Hazardous Substance Superfund expenditures for administration, oversight, support, studies, design, investigations, monitoring, assessment, evaluation, and enforcement activities to:  (1) 25 percent of total Superfund monies in FY 1998 through 2000; and (2) 20 percent of such total in FY 2001 and thereafter. Directs the Administrator of the Environmental Protection Agency to report to the Congress on any regulatory or statutory relief required to operate under such funding limitations.",2024-02-07T16:02:17Z,
105-hr-2087,105,hr,2087,Polluter Pays Act of 1997,Environmental Protection,1997-06-26,1997-07-14,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Gillmor, Paul E. [R-OH-5]",OH,R,G000210,0,"Polluter Pays Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to revise provisions describing liable persons to make any person who causes the release or threatened release of a hazardous substance liable for response actions and related costs and damages under such Act. Applies this Act to any case in which there has been no final decree or settlement that is not subject to appeal.",2025-08-21T16:14:33Z,
105-hr-2094,105,hr,2094,"Beaches Environmental Assessment, Closure, and Health Act of 1997",Environmental Protection,1997-06-26,1998-08-06,Subcommittee Hearings Held.,House,"Rep. Pallone, Frank, Jr. [D-NJ-6]",NJ,D,P000034,52,"Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act. Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters.  Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health. Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Directs the Administrator to:  (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and posting programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.",2025-08-21T16:14:13Z,
105-hr-2102,105,hr,2102,"To amend the Hazardous and Solid Waste Amendments of 1984 to repeal the sunset of the Environmental Protection Agency Office of Ombudsman, and for other purposes.",Environmental Protection,1997-06-26,1997-07-14,Referred to the Subcommittee on Finance and Hazardous Materials.,House,"Rep. Talent, Jim [R-MO-2]",MO,R,T000024,1,"Amends the Hazardous and Solid Waste Amendments of 1984 to repeal the termination (thus, provide for the revival) of the Environmental Protection Agency's (EPA) Office of Ombudsman. Requires the Office (within the EPA Office of Solid Waste and Emergency Response) to report to the Congress on the status of health and environmental concerns addressed by Ombudsman cases. Directs EPA to facilitate structuring the Office consistent with the American Bar Association's Model Ombudsman Statute.",2024-02-05T14:30:09Z,
105-s-971,105,s,971,"Beaches Environmental Assessment, Closure, and Health Act of 1997",Environmental Protection,1997-06-26,1997-06-26,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Lautenberg, Frank R. [D-NJ]",NJ,D,L000123,6,"Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act. Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters. Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health. Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety.  Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Directs the Administrator to:  (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires the Administrator to issue guidance for the delegation of State testing, monitoring, and posting programs to local government authorities.  Makes State resources available to such authorities if the programs are so delegated. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.",2025-08-21T16:11:16Z,
105-s-951,105,s,951,Quiet Communities Act of 1997,Environmental Protection,1997-06-24,1997-06-24,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Torricelli, Robert G. [D-NJ]",NJ,D,T000317,7,"Quiet Communities Act of 1997 - Directs the Administrator of the Environmental Protection Agency to reestablish an Office of Noise Abatement and Control, which shall be responsible for coordinating Federal noise abatement activities, updating or developing noise standards, providing technical assistance to local communities, and promoting research and education. Requires the Administrator to:  (1) conduct a study of airport noise, examining the Federal Aviation Administration's (FAA) selection of noise measurement methodologies, health impact thresholds, and abatement program effectiveness; and (2) submit such study to the Congress and the FAA. Authorizes appropriations.",2025-08-21T16:13:52Z,
105-hr-1984,105,hr,1984,"To provide for a four-year moratorium on the establishment of new standards for ozone and fine particulate matter under the Clean Air Act, pending further implementation of the Clean Air Act Amendments of 1990, additional review and air quality monitoring under that Act.",Environmental Protection,1997-06-19,1997-10-09,Motion to Discharge Committee filed by Mr. Peterson (MN). Petition No: 105-2.,House,"Rep. Klink, Ron [D-PA-4]",PA,D,K000270,202,"Places a four-year moratorium on the promulgation of new or revised national ambient air quality standards for ozone or fine particulate matter under the Clean Air Act by the Administrator of the Environmental Protection Agency. Requires the Administrator, within five years of this Act's enactment date, to:  (1) complete a review of the air quality criteria and standards for ozone and particulate matter; and (2) determine whether to retain or revise such standards or promulgate new standards. Directs the Administrator, in reviewing such criteria for particulate matter, to:  (1) evaluate any adverse health effects of exposure to airborne particulate matter; (2) determine the amount and size of particles inhaled and retained in the lungs; and (3) investigate the biological mechanisms by which particulate matter may induce adverse health effects. Authorizes the Administrator to require State implementation plans to require air quality monitoring for fine particulate matter and to make grants to States for such purposes. Authorizes appropriations.",2024-02-05T14:30:09Z,
105-hr-1910,105,hr,1910,Electric Utility Nitrogen Oxide Limitation Act of 1997,Environmental Protection,1997-06-17,1997-06-26,Referred to the Subcommittee on Health and Environment.,House,"Rep. Carson, Julia [D-IN-10]",IN,D,C000191,0,Electric Utility Nitrogen Oxide Limitation Act of 1997 - Makes it unlawful for any fossil-fuel fired utility unit with a nameplate capacity of greater than 25 megawatts of electrical output to emit nitrogen oxides in excess of a maximum allowable emission standard of 0.35 pounds per million Btu. Cites circumstances under which the owner of several electric utility units within a single State may elect to use alternative contemporaneous annual emission limitations and receive operating permits accordingly. Directs the Administrator of the Environmental Protection Agency to issue implementation and enforcement regulations.  Sets a deadline after which no unit under this Act may operate without a permit subject to the Clean Air Act. Declares that the requirements of this Act shall be treated as an emission limitation under the Clean Air Act.,2025-08-21T16:11:48Z,
105-hr-1911,105,hr,1911,Transported Air Pollution Mitigation Act of 1997,Environmental Protection,1997-06-17,1997-06-26,Referred to the Subcommittee on Health and Environment.,House,"Rep. Condit, Gary A. [D-CA-18]",CA,D,C000670,10,"Transported Air Pollution Mitigation Act of 1997 - Amends Clean Air Act provisions regarding State implementation plans for national primary and secondary ambient air quality standards to require a State, for each upwind area which causes or significantly contributes to a violation of the ambient air quality standard for ozone in a downwind area, to submit a plan revision that requires the upwind area to either:  (1) reduce emissions of each air pollutant concerned and its precursors by an amount necessary to mitigate impacts to pollution concentrations in the downwind area commensurate with the level of contribution caused; or (2) make payments to the State or the air quality district as compensation to the downwind area for the costs of emission reduction measures to fully mitigate the impacts of transported pollutants. Requires a State, for each Moderate ozone nonattainment area determined to cause or significantly contribute to a violation of the national ambient air quality standard for ozone in a downwind area, to submit a plan revision including all provisions necessary for an enhanced vehicle inspection and maintenance program described in provisions concerning Serious areas and Environmental Protection Agency regulations.  Requires amendment by a State of its plan for maintenance (required when a State requests redesignation of a nonattainment area as an area which has attained the national ambient air quality standard) to include measures for such an inspection program if the State determines that the area concerned is causing or significantly contributing to a violation of such standards for ozone in a downwind area. Provides for amendments to maintenance plans in upwind areas that cause or significantly contribute to violations of such standards in downwind areas to require implementation of all measures contained in the State implementation plan for upwind areas before redesignation as attainment areas.  Requires implementation of all control measures necessary to fully mitigate the transport of ozone and its precursors to downwind areas.  Prohibits any relaxation or rescission of such measures as long as an upwind area contributes to such violations in a downwind area.",2025-08-21T16:14:44Z,
105-hr-1878,105,hr,1878,"To impose an indefinite moratorium on enforcement of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 against certain de minimis parties.",Environmental Protection,1997-06-12,1997-06-26,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Canady, Charles T. [R-FL-12]",FL,R,C000107,4,"Prohibits the Administrator of the Environmental Protection Agency from continuing or beginning to conduct an enforcement action against a de minimis party under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) that:  (1) did not cause the release or threat of release of a hazardous substance; and (2) had no knowledge of the release or threat of release until after it occurred. Requires certain time limitations on the filing of actions for natural resource damages, cost recovery, or contributions to be tolled with respect to such enforcement actions for the period during which the moratorium under this Act is in effect.",2024-02-07T16:02:17Z,
105-hr-1884,105,hr,1884,Voluntary Environmental Self-Evaluation Act,Environmental Protection,1997-06-12,1997-06-26,Referred to the Subcommittee on Water Resources and Environment.,House,"Rep. Hefley, Joel [R-CO-5]",CO,R,H000444,2,"Voluntary Environmental Self-Evaluation Act - Provides that information contained in, and testimony relating to, voluntary environmental self-evaluations shall not be admissible evidence or subject to discovery in Federal or State administrative or judicial proceedings under Federal environmental laws.  Authorizes waivers of such privilege by the entity concerned. Permits persons seeking disclosure of such information, in cases where an entity invokes the nondisclosure privilege, to request an administrative law judge or the court, as appropriate, to convene an in camera proceeding to determine applicability of the privilege. Makes the privilege inapplicable in civil proceedings if an administrative law judge or the court determines that:  (1) the document or testimony indicates non-compliance with an environmental law by such entity and the entity failed to achieve compliance within a reasonable time period; (2) such entity is asserting the privilege for a fraudulent purpose; or (3) the report was prepared for purposes of avoiding disclosure of information required for a pending or imminent investigative, administrative, or judicial proceeding of which the entity had knowledge.  Provides for appeals of such determinations. Makes the nondisclosure privilege inapplicable in criminal proceedings brought by Federal or State agencies if the court makes any of the determinations described above for civil proceedings. Authorizes seizures of reports believed to constitute evidence of criminal offenses but limits use of the information to review by such agencies until the court determines it subject to disclosure. Provides immunity from Federal or State prosecution to entities making voluntary disclosures of violations of environmental laws as a result of making self-evaluations or using environmental management systems and makes such disclosures inadmissible in courts or administrative proceedings if the entity:  (1) meets certain conditions regarding promptness of disclosure, efforts to achieve compliance, and availability of information; and (2) is not disclosing information for fraudulent purposes or to avoid penalties.  Makes immunity inapplicable if the violation concerned is part of a pattern of significant violations that has occurred within the past three years in cases where the senior management had knowledge and failed to take corrective action.",2025-08-21T16:13:42Z,
105-s-899,105,s,899,Municipal Solid Waste Disposal Act of 1997,Environmental Protection,1997-06-12,1997-06-12,Read twice and referred to the Committee on Environment and Public Works.,Senate,"Sen. Dodd, Christopher J. [D-CT]",CT,D,D000388,0,"Municipal Solid Waste Disposal Act of 1997 - Amends the Solid Waste Disposal Act to authorize States, political subdivisions, and public service authorities to exercise flow control authority for municipal solid waste and for recyclable materials voluntarily relinquished by the owner or generator that are generated in their jurisdictions by directing such waste and materials to waste management facilities, public service authorities, or recyclables facilities if such authority:  (1) had been exercised before and was being implemented on May 15, 1994, pursuant to a law, regulation, or other legally binding provision or had been exercised before such date without regard to whether implementation was prevented by injunction, temporary restraining order, or other court action or was suspended by the State or political subdivision because of such actions; or (2) has been implemented by designating before such date the particular waste facilities or public service authorities in operation as of such date (or before but temporarily inoperative on such date) to which the waste or recyclable materials is to be delivered. Limits such authority to categories of waste to which flow control authority requiring a movement to a facility was applied on or before May 15, 1994, or to the specific categories for which a State, political subdivision, or public service authority, before such date, had committed to the designation of a facility.  Establishes additional flow control authority for States or political subdivisions that, on or before January 1, 1984, adopted regulations that required the transportation, management, or disposal of solid waste from residential, commercial, institutional, or industrial sources to waste management facilities.  Authorizes a political subdivision to exercise such authority notwithstanding the requirement that facilities are designated before such date if the subdivision has taken specified actions, prior to such date, to commit to the designation of a facility to be constructed.  Lists additional conditions under which political subdivisions, including State solid waste management districts, may exercise such authority. States conditions under which a political subdivision, if it had State authority to do so before May 15, 1994, may exercise flow control authority over waste generated within its jurisdiction. Permits States or political subdivisions, on the request of a municipal solid waste generator, to authorize the diversion of waste generated by such generator to an alternative solid waste facility where such diversion would provide a higher level of health and environmental protection or reduce potential liability of the generator under Federal or State law. Permits the exercise of flow control authority only if the State or political subdivision certifies that revenues derived from such authority will be used solely for solid waste management services. Considers laws, regulations, or acts of States or political subdivisions that implement flow control authority to be a reasonable regulation of commerce. Prohibits application of the exercise of flow control authority to any facility that is listed on the National Priorities List under the Comprehensive Environmental, Response, Compensation, and Liability Act or, as of May 15, 1994, was the subject of a pending proposal by the Administrator of the Environmental Protection Agency to be so listed.",2025-08-21T16:14:50Z,
105-sres-98,105,sres,98,A resolution expressing the sense of the Senate regarding the conditions for the United States becoming a signatory to any international agreement on greenhouse gas emissions under the United Nations Framework Convention on Climate Change.,Environmental Protection,1997-06-12,1997-07-25,Resolution agreed to in Senate without amendment and with a preamble by Yea-Nay Vote. 95-0. Record Vote No: 205.,Senate,"Sen. Byrd, Robert C. [D-WV]",WV,D,B001210,64,"Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would:  (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by:  (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.",2025-04-07T15:32:34Z,
105-hr-1863,105,hr,1863,Job Protection Act of 1997,Environmental Protection,1997-06-11,1997-06-18,Referred to the Subcommittee on Health and Environment.,House,"Rep. Ney, Robert W. [R-OH-18]",OH,R,N000081,42,"Job Protection Act of 1997 - Prohibits the promulgation of any new or revised national ambient air quality standard for particulate matter and ozone under the Clean Air Act until after the final date on which the standards for particulate matter and ozone are required to be attained in areas having the highest concentrations of particulate matter (December 31, 2001) or ozone (November 15, 2010).",2025-08-21T16:14:19Z,