
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9651]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 9651. Reports and studies


(a) Implementation experiences; identification and disposal of waste

    (1) The President shall submit to the Congress, within four years 
after December 11, 1980, a comprehensive report on experience with the 
implementation of this chapter including, but not limited to--
        (A) the extent to which the chapter and Fund are effective in 
    enabling Government to respond to and mitigate the effects of 
    releases of hazardous substances;
        (B) a summary of past receipts and disbursements from the Fund;
        (C) a projection of any future funding needs remaining after the 
    expiration of authority to collect taxes, and of the threat to 
    public health, welfare, and the environment posed by the projected 
    releases which create any such needs;
        (D) the record and experience of the Fund in recovering Fund 
    disbursements from liable parties;
        (E) the record of State participation in the system of response, 
    liability, and compensation established by this chapter;
        (F) the impact of the taxes imposed by subchapter II \1\ of this 
    chapter on the Nation's balance of trade with other countries;
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    \1\ See References in Text note below.
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        (G) an assessment of the feasibility and desirability of a 
    schedule of taxes which would take into account one or more of the 
    following: the likelihood of a release of a hazardous substance, the 
    degree of hazard and risk of harm to public health, welfare, and the 
    environment resulting from any such release, incentives to proper 
    handling, recycling, incineration, and neutralization of hazardous 
    wastes, and disincentives to improper or illegal handling or 
    disposal of hazardous materials, administrative and reporting 
    burdens on Government and industry, and the extent to which the tax 
    burden falls on the substances and parties which create the problems 
    addressed by this chapter. In preparing the report, the President 
    shall consult with appropriate Federal, State, and local agencies, 
    affected industries and claimants, and such other interested parties 
    as he may find useful. Based upon the analyses and consultation 
    required by this subsection, the President shall also include in the 
    report any recommendations for legislative changes he may deem 
    necessary for the better effectuation of the purposes of this 
    chapter, including but not limited to recommendations concerning 
    authorization levels, taxes, State participation, liability and 
    liability limits, and financial responsibility provisions for the 
    Response Trust Fund and the Post-closure Liability Trust Fund;
        (H) an exemption from or an increase in the substances or the 
    amount of taxes imposed by section 4661 of title 26 for copper, 
    lead, and zinc oxide, and for feedstocks when used in the 
    manufacture and production of fertilizers, based upon the 
    expenditure experience of the Response Trust Fund;
        (I) the economic impact of taxing coal-derived substances and 
    recycled metals.

    (2) The Administrator of the Environmental Protection Agency (in 
consultation with the Secretary of the Treasury) shall submit to the 
Congress (i) within four years after December 11, 1980, a report 
identifying additional wastes designated by rule as hazardous after the 
effective date of this chapter and pursuant to section 3001 of the Solid 
Waste Disposal Act [42 U.S.C. 6921] and recommendations on appropriate 
tax rates for such wastes for the Post-closure Liability Trust Fund. The 
report shall, in addition, recommend a tax rate, considering the 
quantity and potential danger to human health and the environment posed 
by the disposal of any wastes which the Administrator, pursuant to 
subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid Waste 
Disposal Act of 1980 [42 U.S.C. 6921(b)(2)(B) and 6921(b)(3)(A)], has 
determined should be subject to regulation under subtitle C of such Act 
[42 U.S.C. 6921 et seq.], (ii) within three years after December 11, 
1980, a report on the necessity for and the adequacy of the revenue 
raised, in relation to estimated future requirements, of the Post-
closure Liability Trust Fund.

(b) Private insurance protection

    The President shall conduct a study to determine (1) whether 
adequate private insurance protection is available on reasonable terms 
and conditions to the owners and operators of vessels and facilities 
subject to liability under section 9607 of this title, and (2) whether 
the market for such insurance is sufficiently competitive to assure 
purchasers of features such as a reasonable range of deductibles, 
coinsurance provisions, and exclusions. The President shall submit the 
results of his study, together with his recommendations, within two 
years of December 11, 1980, and shall submit an interim report on his 
study within one year of December 11, 1980.

(c) Regulations respecting assessment of damages to natural resources

    (1) The President, acting through Federal officials designated by 
the National Contingency Plan published under section 9605 of this 
title, shall study and, not later than two years after December 11, 
1980, shall promulgate regulations for the assessment of damages for 
injury to, destruction of, or loss of natural resources resulting from a 
release of oil or a hazardous substance for the purposes of this chapter 
and section 1321(f)(4) and (5) of title 33. Notwithstanding the failure 
of the President to promulgate the regulations required under this 
subsection on the required date, the President shall promulgate such 
regulations not later than 6 months after October 17, 1986.
    (2) Such regulations shall specify (A) standard procedures for 
simplified assessments requiring minimal field observation, including 
establishing measures of damages based on units of discharge or release 
or units of affected area, and (B) alternative protocols for conducting 
assessments in individual cases to determine the type and extent of 
short- and long-term injury, destruction, or loss. Such regulations 
shall identify the best available procedures to determine such damages, 
including both direct and indirect injury, destruction, or loss and 
shall take into consideration factors including, but not limited to, 
replacement value, use value, and ability of the ecosystem or resource 
to recover.
    (3) Such regulations shall be reviewed and revised as appropriate 
every two years.

(d) Issues, alternatives, and policy considerations involving selection 
        of locations for waste treatment, storage, and disposal 
        facilities

    The Administrator of the Environmental Protection Agency shall, in 
consultation with other Federal agencies and appropriate representatives 
of State and local governments and nongovernmental agencies, conduct a 
study and report to the Congress within two years of December 11, 1980, 
on the issues, alternatives, and policy considerations involved in the 
selection of locations for hazardous waste treatment, storage, and 
disposal facilities. This study shall include--
        (A) an assessment of current and projected treatment, storage, 
    and disposal capacity needs and shortfalls for hazardous waste by 
    management category on a State-by-State basis;
        (B) an evaluation of the appropriateness of a regional approach 
    to siting and designing hazardous waste management facilities and 
    the identification of hazardous waste management regions, interstate 
    or intrastate, or both, with similar hazardous waste management 
    needs;
        (C) solicitation and analysis of proposals for the construction 
    and operation of hazardous waste management facilities by 
    nongovernmental entities, except that no proposal solicited under 
    terms of this subsection shall be analyzed if it involves cost to 
    the United States Government or fails to comply with the 
    requirements of subtitle C of the Solid Waste Disposal Act [42 
    U.S.C. 6921 et seq.] and other applicable provisions of law;
        (D) recommendations on the appropriate balance between public 
    and private sector involvement in the siting, design, and operation 
    of new hazardous waste management facilities;
        (E) documentation of the major reasons for public opposition to 
    new hazardous waste management facilities; and
        (F) an evaluation of the various options for overcoming 
    obstacles to siting new facilities, including needed legislation for 
    implementing the most suitable option or options.

(e) Adequacy of existing common law and statutory remedies

    (1) In order to determine the adequacy of existing common law and 
statutory remedies in providing legal redress for harm to man and the 
environment caused by the release of hazardous substances into the 
environment, there shall be submitted to the Congress a study within 
twelve months of December 11, 1980.
    (2) This study shall be conducted with the assistance of the 
American Bar Association, the American Law Institute, the Association of 
American Trial Lawyers, and the National Association of State Attorneys 
General with the President of each entity selecting three members from 
each organization to conduct the study. The study chairman and one 
reporter shall be elected from among the twelve members of the study 
group.
    (3) As part of their review of the adequacy of existing common law 
and statutory remedies, the study group shall evaluate the following:
        (A) the nature, adequacy, and availability of existing remedies 
    under present law in compensating for harm to man from the release 
    of hazardous substances;
        (B) the nature of barriers to recovery (particularly with 
    respect to burdens of going forward and of proof and relevancy) and 
    the role such barriers play in the legal system;
        (C) the scope of the evidentiary burdens placed on the plaintiff 
    in proving harm from the release of hazardous substances, 
    particularly in light of the scientific uncertainty over causation 
    with respect to--
            (i) carcinogens, mutagens, and teratogens, and
            (ii) the human health effects of exposure to low doses of 
        hazardous substances over long periods of time;

        (D) the nature and adequacy of existing remedies under present 
    law in providing compensation for damages to natural resources from 
    the release of hazardous substances;
        (E) the scope of liability under existing law and the 
    consequences, particularly with respect to obtaining insurance, of 
    any changes in such liability;
        (F) barriers to recovery posed by existing statutes of 
    limitations.

    (4) The report shall be submitted to the Congress with appropriate 
recommendations. Such recommendations shall explicitly address--
        (A) the need for revisions in existing statutory or common law, 
    and
        (B) whether such revisions should take the form of Federal 
    statutes or the development of a model code which is recommended for 
    adoption by the States.

    (5) The Fund shall pay administrative expenses incurred for the 
study. No expenses shall be available to pay compensation, except 
expenses on a per diem basis for the one reporter, but in no case shall 
the total expenses of the study exceed $300,000.

(f) Modification of national contingency plan

    The President, acting through the Administrator of the Environmental 
Protection Agency, the Secretary of Transportation, the Administrator of 
the Occupational Safety and Health Administration, and the Director of 
the National Institute for Occupational Safety and Health shall study 
and, not later than two years after December 11, 1980, shall modify the 
national contingency plan to provide for the protection of the health 
and safety of employees involved in response actions.

(g) Insurability study

                  (1) Study by Comptroller General

        The Comptroller General of the United States, in consultation 
    with the persons described in paragraph (2), shall undertake a study 
    to determine the insurability, and effects on the standard of care, 
    of the liability of each of the following:
            (A) Persons who generate hazardous substances: liability for 
        costs and damages under this chapter.
            (B) Persons who own or operate facilities: liability for 
        costs and damages under this chapter.
            (C) Persons liable for injury to persons or property caused 
        by the release of hazardous substances into the environment.

                          (2) Consultation

        In conducting the study under this subsection, the Comptroller 
    General shall consult with the following:
            (A) Representatives of the Administrator.
            (B) Representatives of persons described in subparagraphs 
        (A) through (C) of the preceding paragraph.
            (C) Representatives (i) of groups or organizations comprised 
        generally of persons adversely affected by releases or 
        threatened releases of hazardous substances and (ii) of groups 
        organized for protecting the interests of consumers.
            (D) Representatives of property and casualty insurers.
            (E) Representatives of reinsurers.
            (F) Persons responsible for the regulation of insurance at 
        the State level.

                         (3) Items evaluated

        The study under this section shall include, among other matters, 
    an evaluation of the following:
            (A) Current economic conditions in, and the future outlook 
        for, the commercial market for insurance and reinsurance.
            (B) Current trends in statutory and common law remedies.
            (C) The impact of possible changes in traditional standards 
        of liability, proof, evidence, and damages on existing statutory 
        and common law remedies.
            (D) The effect of the standard of liability and extent of 
        the persons upon whom it is imposed under this chapter on the 
        protection of human health and the environment and on the 
        availability, underwriting, and pricing of insurance coverage.
            (E) Current trends, if any, in the judicial interpretation 
        and construction of applicable insurance contracts, together 
        with the degree to which amendments in the language of such 
        contracts and the description of the risks assumed, could affect 
        such trends.
            (F) The frequency and severity of a representative sample of 
        claims closed during the calendar year immediately preceding 
        October 17, 1986.
            (G) Impediments to the acquisition of insurance or other 
        means of obtaining liability coverage other than those referred 
        to in the preceding subparagraphs.
            (H) The effects of the standards of liability and financial 
        responsibility requirements imposed pursuant to this chapter on 
        the cost of, and incentives for, developing and demonstrating 
        alternative and innovative treatment technologies, as well as 
        waste generation minimization.

                           (4) Submission

        The Comptroller General shall submit a report on the results of 
    the study to Congress with appropriate recommendations within 12 
    months after October 17, 1986.

(h) Report and oversight requirements

                      (1) Annual report by EPA

        On January 1 of each year the Administrator of the Environmental 
    Protection Agency shall submit an annual report to Congress of such 
    Agency on the progress achieved in implementing this chapter during 
    the preceding fiscal year. In addition such report shall 
    specifically include each of the following:
            (A) A detailed description of each feasibility study carried 
        out at a facility under subchapter I of this chapter.
            (B) The status and estimated date of completion of each such 
        study.
            (C) Notice of each such study which will not meet a 
        previously published schedule for completion and the new 
        estimated date for completion.
            (D) An evaluation of newly developed feasible and achievable 
        permanent treatment technologies.
            (E) Progress made in reducing the number of facilities 
        subject to review under section 9621(c) of this title.
            (F) A report on the status of all remedial and enforcement 
        actions undertaken during the prior fiscal year, including a 
        comparison to remedial and enforcement actions undertaken in 
        prior fiscal years.
            (G) An estimate of the amount of resources, including the 
        number of work years or personnel, which would be necessary for 
        each department, agency, or instrumentality which is carrying 
        out any activities of this chapter to complete the 
        implementation of all duties vested in the department, agency, 
        or instrumentality under this chapter.

                   (2) Review by Inspector General

        Consistent with the authorities of the Inspector General Act of 
    1978 the Inspector General of the Environmental Protection Agency 
    shall review any report submitted under paragraph (1) related to 
    EPA's activities for reasonableness and accuracy and submit to 
    Congress, as a part of such report a report on the results of such 
    review.

                     (3) Congressional oversight

        After receiving the reports under paragraphs (1) and (2) of this 
    subsection in any calendar year, the appropriate authorizing 
    committees of Congress shall conduct oversight hearings to ensure 
    that this chapter is being implemented according to the purposes of 
    this chapter and congressional intent in enacting this chapter.

(Pub. L. 96-510, title III, Sec. 301, Dec. 11, 1980, 94 Stat. 2805; Pub. 
L. 99-499, title I, Sec. 107(d)(3), title II, Secs. 208, 212, Oct. 17, 
1986, 100 Stat. 1630, 1707, 1726; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
100 Stat. 2095.)

                       References in Text

    This chapter, referred to in subsecs. (a)(1)(A), (E), (G), (c)(1), 
(g), and (h), was in the original ``this Act'', meaning Pub. L. 96-510, 
Dec. 11, 1980, 94 Stat. 2767, as amended, known as the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, which 
enacted this chapter, section 6911a of this title, and sections 4611, 
4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, 
amended section 6911 of this title, section 1364 of Title 33, Navigation 
and Navigable Waters, and section 11901 of Title 49, Transportation, and 
enacted provisions set out as notes under section 6911 of this title and 
sections 1 and 4611 of Title 26. For complete classification of this Act 
to the Code, see Short Title note set out under section 9601 of this 
title and Tables.
    Subchapter II of this chapter, referred to in subsec. (a)(1)(F), was 
in the original ``title II of this Act'', meaning title II of Pub. L. 
96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance 
Response Revenue Act of 1980, which enacted subchapter II of this 
chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26. 
Sections 221 to 223 and 232 of Pub. L. 96-510, which were classified to 
sections 9631 to 9633 and 9641 of this title, comprising subchapter II 
of this chapter, were repealed by Pub. L. 99-499, title V, Secs. 514(b), 
517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete 
classification of title II to the Code, see Short Title of 1980 
Amendment note set out under section 1 of Title 26 and Tables.
    For effective date of this chapter, referred to in subsec. (a)(2), 
see section 9652 of this title.
    Subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid 
Waste Disposal Act of 1980, referred to in subsec. (a)(2), probably mean 
section 3001(b)(2)(B) and (3)(A) of the Solid Waste Disposal Act, as 
amended by the Solid Waste Disposal Act Amendments of 1980, which 
enacted section 6921(b)(2)(B) and (3)(A) of this title.
    The Solid Waste Disposal Act, referred to in subsecs. (a)(2) and 
(d)(C), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as 
amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 
2795. Subtitle C of the Solid Waste Disposal Act is classified generally 
to subchapter III (Sec. 6921 et seq.) of chapter 82 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 6901 of this title and Tables.
    The Inspector General Act of 1978, referred to in subsec. (h)(2), is 
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1986--Subsec. (a)(1)(H). Pub. L. 99-514 substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for 
purposes of codification was translated as ``title 26'' thus requiring 
no change in text.
    Subsec. (c)(1). Pub. L. 99-499, Sec. 107(d)(3), inserted at end 
``Notwithstanding the failure of the President to promulgate the 
regulations required under this subsection on the required date, the 
President shall promulgate such regulations not later than 6 months 
after October 17, 1986.''
    Subsec. (g). Pub. L. 99-499, Sec. 208, added subsec. (g).
    Subsec. (h). Pub. L. 99-499, Sec. 212, added subsec. (h).

                  Section Referred to in Other Sections

    This section is referred to in sections 9604, 9607, 9612, 9613 of 
this title.
