Sec. 118. MISCELLANEOUS PROVISIONS
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## SEC. 118 MISCELLANEOUS PROVISIONS ###
(a)Priority for Drinking Water Supplies **[**See section 118 of CERCLA.**]** ###
(b)Removal and Temporary Storage of Containers of Radon Contaminated Soil Not later than 90 days after the enactment of this Act, the Administrator shall make a grant of $7,500,000 to the State of New Jersey for transportation from residential areas in the State of New Jersey and temporary storage of approximately 14,000 containers of radon contaminated soil which is the subject of a remedial action for which a remedial investigation and feasibility study has been initiated before such date. Such containers shall be transported to and temporarily stored at any site in the State of New Jersey designated by the Governor of such State. For purposes of section 111(a) of CERCLA, the grant under this subsection for transportation and storage of such containers shall be treated as payment of governmental response cost incurred pursuant to section 104 of CERCLA. ###
(c)Unconsolidated Quaternary Aquifer Notwithstanding any other provision of law, no person may— ####
(1)locate or authorize the location of a landfill, surface impoundment, waste pile, injection well, or land treatment facility over the Unconsolidated Quaternary Aquifer, or the recharge zone or streamflow source zone of such aquifer, in the Rockaway River Basin, New Jersey (as such aquifer and zones are described in the Federal Register, January 24, 1984, pages 2946–2948); or ####
(2)place or authorize the placement of solid waste in a landfill, surface impoundment, waste pile, injection well, or land treatment facility over such aquifer or zone. This subsection may be enforced under sections 309
(a)and
(b)of the Federal Water Pollution Control Act. For purposes of section 309(c) of such Act, a violation of this subsection shall be considered a violation of section 301 of such Act. ###
(d)Study of Shortages of Skilled Personnel The Comptroller General shall study the problem of shortages of skilled personnel in the Environmental Protection Agency to carry out response actions under CERCLA. In particular the Comptroller General shall study— ####
(1)the types of skilled personnel needed for response actions for which there are shortages in the Environmental Protection Agency, ####
(2)the extent of such shortages, ####
(3)pay differential between the public and private sectors for the skilled positions involved in reponse actions, ####
(4)the extent to which skilled personnel of Federal and State governments involved in response actions are leaving their positions for employment in the private sector, ####
(5)the success of programs of the Department of Defense and the Office of Personnel Management in retaining skilled personnel, and ####
(6)the types of training required to improve the skills of employees carrying out response actions. The Comptroller General shall complete the study required by this subsection and submit a report on the results thereof to Congress not later than July 1, 1987. ###
(e)State Requirements Not Applicable to Certain Transfers No State or local requirement shall apply to the transfer and disposal of any hazardous substance or pollutant or contaminant from a facility at which a release or threatened release has occurred to a facility for which a final permit under section 3005(a) of the Solid Waste Disposal Act is in effect if the following conditions apply— ####
(1)Such permit was issued after January 1, 1983, and before November 1, 1984. ####
(2)The transfer and disposal is carried out pursuant to a cooperative agreement between the Administrator and the State. ####
(3)The facility at which the release or threatened release has occurred is identified as the McColl Site in Fullerton, California. The terms used in this section shall have the same meaning as when used in title I of CERCLA. ###
(f)Study of Lead Poisoning in Children ####
(1)The Administrator of the Agency for Toxic Substances and Disease Registry shall, in consultation with the Administrator of the Environmental Protection Agency and other officials as appropriate, not later than March 1, 1987, submit to the Congress, a report on the nature and extent of lead poisoning in children from environmental sources. Such report shall include, at a minimum, the following information— #####
(A)an estimate of the total number of children, arrayed according to Standard Metropolitan Statistical Area or other appropriate geographic unit, exposed to environmental sources of lead at concentrations sufficient to cause adverse health effects; #####
(B)an estimate of the total number of children exposed to environmental sources of lead arrayed according to source or source types; #####
(C)a statement of the long-term consequences for public health of unabated exposures to environmental sources of lead and including but not limited to, diminution in intelligence, increases in morbidity and mortality; and #####
(D)methods and alternatives available for reducing exposures of children to environmental sources of lead. ####
(2)Such report shall also score and evaluate specific sites at which children are known to be exposed to environmental sources of lead due to releases, utilizing the Hazard Ranking system of the National Priorities List. ####
(3)The costs of preparing and submitting the report required by this section shall be borne by the Hazardous Substance Superfund established under subchapter A of chapter 98 of Internal Revenue Code of 1954. ###
(g)Federally Licensed Dam For purposes of CERCLA in the case of the Milltown Dam in the State of Montana licensed under part 1 of the Federal Power Act and designated as FERC license number 2543–004, if a hazardous substance, pollutant, or contaminant— ####
(1)has been released into the environmental upstream of the dam, and ####
(2)has subsequently come to be located in the reservoir created by such dam notwithstanding section 101(20) of such Act, the term “**owner or operator**” does not include the owner or operator of the dam unless such owner or operator is a person who would otherwise be liable for such release or threatened release under section 107 of such Act. ###
(h)Community Relocation at Times Beach Site For purposes of any Missouri dioxin site at which a temporary or permanent relocation decision has been made, or is under active consideration, by the Administrator as of the enactment of this Act, the terms “**remove**” and “removal” as used in CERCLA shall be deemed to include the costs of permanent relocation of residents where it is determined that such permanent relocation is cost effective or may be necessary to protect health or welfare. In the case of a business located in an area of evacuation or relocation at such facility, such terms may also include the payment of those installments of principal and interest on business debt which accrue between the date of evacuation or temporary relocation and 30 days following the date that permanent relocation is actually accomplished or, if permanent relocation is formally rejected as the appropriate response, the date on which evacuation or temporary relocation ceases. In the case of an individual unemployed as a result of such evacuation or relocation, such terms may also include the provision of assistance identical to that authorized by sections 407, 408, and 409 of the Disaster Relief Act of 19741; except that the costs of such assistance shall be paid from the Trust Fund established under amendments made to the Internal Revenue Code of 1954 by this Act. Section 104(c)(1) of CERCLA shall not apply to obligations from the Fund for permanent relocation under this paragraph. 1So in law. Probably should refer to the “Robert T. Stafford Disaster Relief and Emergency Assistance Act”, pursuant to the amendment to the short title of such Act made by section 102 of Public Law 100–707. ###
(i)Limited Waivers in State of Illinois ####
(1)Mobile incinerators In the case of remedial actions specifically involving mobile incinerator units in the State of Illinois, if such remedial actions are undertaken by the State under the authority of a State Superfund law or equivalent authority, the State may, with the approval of the Administrator, waive any permit requirement under subtitle C of the Solid Waste Disposal Act which would be otherwise applicable to such action to the extent that the following conditions are met: #####
(A)No transfer The incinerator does not involve the transfer of a hazardous substance or pollutant or contaminant from the facility at which the release or threatened release occurs to an offsite facility. #####
(B)Remedial action The remedial action provides each of the following: ######
(i)Changes in the character or composition of the hazardous substance or pollutant or contaminant concerned so that it no longer presents a risk to public health. ######
(ii)Protection against accidental emissions during operation. ######
(iii)Protection of public health considering the multimedia impacts of the treatment process. #####
(C)Public participation The State provides procedures for public participation regarding the response action which are at least equivalent to the level of public participation procedures applicable under CERCLA and under the Solid Waste Disposal Act. ####
(2)Effect of waiver The waiver of any permit requirement under this subsection shall not be construed to waive any standard or level of control which— #####
(A)is applicable to any hazardous substance or pollutant or contaminant involved in the remedial action; and #####
(B)would otherwise be contained in the permit. Such waiver of any permit requirement under subtitle C of the Solid Waste Disposal Act shall only apply to the extent that the facility or remedial action involves the onsite treatment with a mobile incineration unit of waste present at such site. The waiver shall not apply to any other regulated or potentially regulated activity, including the use of the mobile incineration unit for actions not authorized by the State. ####
(3)Expiration of authority The authority of this subsection shall terminate at the end of 3 years, unless the State demonstrates, to the satisfaction of the Administrator, that the operation of mobile incinerators in the State has sufficiently protected public health and the environment and is consistent with the criteria required for a permit under subtitle C of the Solid Waste Disposal Act. ###
(j)Study of Joint Use of Trucks ####
(1)Study The Administrator, in consultation with the Secretary of Transportation, shall conduct a study of problems associated with the use of any vehicle for purposes other than the transportation of hazardous substances when that vehicle is used at other times for the transportation of hazardous substances. At a minimum, the Administrator shall consider— #####
(A)whether such joint use of vehicles should be prohibited, and #####
(B)whether, if such joint use is permitted, special safeguards should be taken to minimize threats to public health and the environment. ####
(2)Report The Administrator shall submit a report, along with recommendations, to Congress on the results of the study conducted under paragraph
(1)not later than 180 days after the date of the enactment of this Act. ###
(k)Radon Assessment and Mitigation ####
(1)National assessment of radon gas No later than one year after the enactment of this Act, the Administrator shall submit to the Congress a report which shall, to the extent possible— #####
(A)identify the locations in the United States where radon is found in structures where people normally live or work, including educational institutions; #####
(B)assess the levels of radon gas that are present in such structures; #####
(C)determine the level of radon gas and radon daughters which poses a threat to human health and assess for each location identified under subparagraph
(A)the extent of the threat to human health; #####
(D)determine methods of reducing or eliminating the threat to human health of radon gas and radon daughters; and #####
(E)include guidance and public information materials based on the findings or research of mitigating radon. ####
(2)Radon mitigation demonstration program #####
(A)Demonstration program The Administrator shall conduct a demonstration program to test methods and technologies of reducing or eliminating radon gas and radon daughters where it poses a threat to human health. The Administrator shall take into consideration any demonstration program underway in the Reading Prong of Pennsylvania, New Jersey, and New York and at other sites prior to enactment. The demonstration program under this section shall be conducted in the Reading Prong, and at such other sites as the Administrator considers appropriate. #####
(B)Liability Liability, if any, for persons undertaking activities pursuant to the radon mitigation demonstration program authorized under this subsection shall be determined under principles of existing law. ####
(3)Construction of section Nothing in this subsection shall be construed to authorize the Administrator to carry out any regulatory program or any activity other than research, development, and related reporting, information dissemination, and coordination activities specified in this subsection. Nothing in paragraph
(1)or
(2)shall be construed to limit the authority of the Administrator or of any other agency or instrumentality of the United States under any authority of law. ###
(l)Gulf Coast Hazardous Substance Research, Development, and Demonstration Center ####
(1)Establishment of hazardous substance research, development, and demonstration center The Administrator shall establish a hazardous substance research, development, and demonstration center (hereinafter in this subsection referred to as the “Center”) for the purpose of conducting research to aid in more effective hazardous substance response and waste management throughout the Gulf Coast. ####
(2)Purposes of the center The Center shall carry out a program of research, evaluation, testing, development, and demonstration of alternative or innovative technologies which may be utilized in response actions or in normal handling of hazardous wastes to achieve better protection of human health and the environment. ####
(3)Operation of center #####
(A)For purposes of operating the Center, the Administrator is authorized to enter into contracts and cooperative agreements with, and make grants to, a university related institute involved with the inprovement of waste management. Such institute shall be located in Jefferson County, Texas. #####
(B)The Center shall be authorized to make grants, accept contributions, and enter into agreements with universities located in the States of Texas, Louisiana, Mississippi, Alabama, and Florida in order to carry out the purposes of the Center. ####
(4)Authorization of appropriations There are authorized to be appropriated to the Administrator for purposes of carrying out this subsection for fiscal years beginning after September 30, 1986, not more than $5,000,000. ###
(m)Radon Protection at Current National Priorities List Sites It is the sense of the Congress that the President, in selecting response action for facilities included on the National Priorities List published under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 because of the presence of radon, is not required by statute or regulations to use fully demonstrated methods, particularly those involving the offsite transport and disposition of contaminated material, but may use innovative or alternative methods which protect human health and the environment in a more cost-effective manner. ###
(n)Spill Control Technology ####
(1)Establishment of program Within 180 days of enactment of this subsection, the Secretary of the United States Department of Energy is directed to carry out a program of testing and evaluation of technologies which may be utilized in responding to liquefied gaseous and other hazardous substance spills at the Liquefied Gaseous Fuels Spill Test Facility that threaten public health or the environment. ####
(2)Technology transfer In carrying out the program established under this subsection, the Secretary shall conduct a technology transfer program that, at a minimum— #####
(A)documents and archives spill control technology; #####
(B)investigates and analyzes significant hazardous spill incidents; #####
(C)develops and provides generic emergency action plans; #####
(D)documents and archives spill test results; #####
(E)develops emergency action plans to respond to spills; #####
(F)conducts training of spill response personnel; and #####
(G)establishes safety standards for personnel engaged in spill response activities. ####
(3)Contracts and grants The Secretary is directed to enter into contracts and grants with a nonprofit organization in Albany County, Wyoming, that is capable of providing the necessary technical support and which is involved in environmental activities related to such hazardous substance related emergencies. ####
(4)Use of site The Secretary shall arrange for the use of the Liquefied Gaseous Fuels Spill Test Facility to carry out the provisions of this subsection. ###
(o)Pacific Northwest Hazardous Substance Research, Development, and Demonstration Center ####
(1)Establishment The Administrator shall establish a hazardous substance research, development, and demonstration center (hereinafter in this subsection referred to as the “Center”) for the purpose of conducting research to aid in more effective hazardous substance response in the Pacific Northwest. ####
(2)Purposes of center The Center shall carry out a program of research, evaluation, testing, development, and demonstration of alternative or innovative technologies which may be utilized in response actions to achieve more permanent protection of human health and welfare and the environment. ####
(3)Operation of center #####
(A)Nonprofit entity For the purposes of operating the Center, the Administrator is authorized to enter into contracts and cooperative agreements with, and make grants to, a nonprofit private entity as defined in section 201(i) of Public Law 96–517 which entity shall agree to provide the basic technical and management personnel. Such nonprofit private entity shall also agree to provide at least two permanent research facilities, one of which shall be located in Benton County, Washington, and one of which shall be located in Clallam County, Washington. #####
(B)Authorities The Center shall be authorized to make grants, accept contributions, and enter into agreements with universities located in the States of Washington, Oregon, Idaho, and Montana in order to carry out the purposes of the Center. ####
(4)Hazardous waste research at the hanford site #####
(A)Interagency agreements The Administrator and the Secretary of Energy are authorized to enter into interagency agreements with one another for the purpose of providing for research, evaluation, testing, development, and demonstration into alternative or innovative technologies to characterize and assess the nature and extent of hazardous waste (including radioactive mixed waste) contamination at the Hanford site, in the State of Washington. #####
(B)Funding There is authorized to be appropriated to the Secretary of Energy for purposes of carrying out this paragraph for fiscal years beginning after September 30, 1986, not more than $5,000,000. All sums appropriated under this subparagraph shall be provided to the Administrator by the Secretary of Energy, pursuant to the interagency agreement entered into under subparagraph (A), for the purpose of the Administrator entering into contracts and cooperative agreements with, and making grants to, the Center in order to carry out the research, evaluation, testing, development, and demonstration described in paragraph (1). ####
(5)Authorization of appropriations There is authorized to be appropriated to the Administrator for purposes of carrying out this subsection (other than paragraph (4)) for fiscal years beginning after September 30, 1986, not more than $5,000,000. ###
(p)Silver Creek Tailings Effective with the date of enactment of this Act, the facility listed in Group 7 in EPA National Priorities List Update #4 (50 Federal Register 37956, September 18, 1985), the site in Park City, Utah, which is located on tailings from noncoal mining operations, shall be deemed removed from the list of sites recommended for inclusion on the National Priorities List, unless the President determines upon site specific data not used in the proposed listing of such facility, that the facility meets requirements of the Hazard Ranking System or any revised Hazard Ranking System. * * * * * * *
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- Pub. L. 100-707
- Pub. L. 96-517
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Sec. 118
MISCELLANEOUS PROVISIONS
Pub. L.Pub. L. 100-707
Pub. L.Pub. L. 96-517
Cites 2Cited by 0 across 0 sources