42 U.S.C. § 9654 — Applicability of Federal water pollution

Page 7805 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9654 1 See References in Text note below. meaning title II of Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Rev- enue 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which were classified to sections 9631 to 9633 and 9641 of this title, comprising subchapter II of this chapter, were repealed by Pub.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, §§ 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 sub- sec. (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 sub- sec. (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, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to sub- chapter III (§ 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. CODIFICATION Subsec. (h) of this section, which required the Admin- istrator of the Environmental Protection Agency to submit an annual report to Congress of such Agency on the progress achieved in implementing this chapter during the preceding fiscal year, required the Inspector General of the Agency to review the report for reason- ableness and accuracy and submit to Congress, as a part of that report, a report on the results of the re- view, and required the appropriate authorizing commit- tees of Congress, after receiving those reports, to con- duct oversight hearings to ensure that this chapter is being implemented according to the purposes of this chapter and congressional intent in enacting this chap- ter, terminated, effective May 15, 2000, pursuant to sec- tion 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 5th item on page 164 of House Document No. 103–7. AMENDMENTS 1986—Subsec. (a)(1)(H). Pub. L. 99–514 substituted ‘‘In- ternal 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, § 107(d)(3), inserted at end ‘‘Notwithstanding the failure of the President to promulgate the regulations required under this sub- section on the required date, the President shall pro- mulgate such regulations not later than 6 months after October 17, 1986.’’ Subsec. (g). Pub. L. 99–499, § 208, added subsec. (g). Subsec. (h). Pub. L. 99–499, § 212, added subsec. (h). § 9652. Effective dates; savings provisions (a) Unless otherwise provided, all provisions of this chapter shall be effective on December 11, 1980. (b) Any regulation issued pursuant to any pro- visions of section 1321 of title 33 which is re- pealed or superseded by this chapter and which is in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder. (c) Any regulation— (1) respecting financial responsibility, (2) issued pursuant to any provision of law repealed or superseded by this chapter, and (3) in effect on the date immediately pre- ceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall re- main in full force and effect unless or until su- perseded by new regulations issued there- under. (d) Nothing in this chapter shall affect or mod- ify in any way the obligations or liabilities of any person under other Federal or State law, in- cluding common law, with respect to releases of hazardous substances or other pollutants or con- taminants. The provisions of this chapter shall not be considered, interpreted, or construed in any way as reflecting a determination, in part or whole, of policy regarding the inapplicability of strict liability, or strict liability doctrines, to activities relating to hazardous substances, pol- lutants, or contaminants or other such activi- ties. (Pub. L. 96–510, title III, § 302, Dec. 11, 1980, 94 Stat. 2808.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), (c)(2), (3), and (d), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. § 9653. Repealed. Pub. L. 99–499, title V, § 511(b), Oct. 17, 1986, 100 Stat. 1761 Section, Pub. L. 96–510, title III, § 303, Dec. 11, 1980, 94 Stat. 2808, provided for termination of authority to col- lect taxes under this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1987, see section 511(c) of Pub. L. 99–499, set out as an Effective Date of 1986 Amend- ment note under section 4611 of Title 26, Internal Rev- enue Code. § 9654. Applicability of Federal water pollution control funding, etc., provisions (a) Omitted (b) One-half of the unobligated balance re- maining before December 11, 1980, under sub- section (k) 1 of section 1321 of title 33 and all sums appropriated under section 1364(b) 1 of title 33 shall be transferred to the Fund established under subchapter II 1 of this chapter. (c) In any case in which any provision of sec- tion 1321 of title 33 is determined to be in con- flict with any provisions of this chapter, the provisions of this chapter shall apply. (Pub. L. 96–510, title III, § 304, Dec. 11, 1980, 94 Stat. 2809.) Page 7806 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9655 Editorial Notes REFERENCES IN TEXT Subsection (k) of section 1321 of title 33, referred to in subsec. (b), was repealed by Pub. L. 101–380, title II, § 2002(b)(2), Aug. 18, 1990, 104 Stat. 507. Section 1364(b) of title 33, referred to in subsec. (b), was repealed by Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809. Subchapter II of this chapter, referred to in subsec. (b), 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, Internal Revenue Code. 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, §§ 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. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Envi- ronmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. CODIFICATION Subsec. (a) of this section repealed section 1364(b) of Title 33, Navigation and Navigable Waters. § 9655. Legislative veto of rule or regulation (a) Transmission to Congress upon promulgation or repromulgation of rule or regulation; dis- approval procedures Notwithstanding any other provision of law, simultaneously with promulgation or re- promulgation of any rule or regulation under authority of subchapter I of this chapter, the head of the department, agency, or instrumen- tality promulgating such rule or regulation shall transmit a copy thereof to the Secretary of the Senate and the Clerk of the House of Rep- resentatives. Except as provided in subsection (b) of this section, the rule or regulation shall not become effective, if— (1) within ninety calendar days of contin- uous session of Congress after the date of pro- mulgation, both Houses of Congress adopt a concurrent resolution, the matter after the re- solving clause of which is as follows: ‘‘That Congress disapproves the rule or regulation promulgated by the dealing with the matter of , which rule or regulation was transmitted to Congress on .’’, the blank spaces therein being appropriately filled; or (2) within sixty calendar days of continuous session of Congress after the date of promulga- tion, one House of Congress adopts such a con- current resolution and transmits such resolu- tion to the other House, and such resolution is not disapproved by such other House within thirty calendar days of continuous session of Congress after such transmittal. (b) Approval; effective dates If, at the end of sixty calendar days of contin- uous session of Congress after the date of pro- mulgation of a rule or regulation, no committee of either House of Congress has reported or been discharged from further consideration of a con- current resolution disapproving the rule or regu- lation and neither House has adopted such a res- olution, the rule or regulation may go into ef- fect immediately. If, within such sixty calendar days, such a committee has reported or been dis- charged from further consideration of such a resolution, or either House has adopted such a resolution, the rule or regulation may go into effect not sooner than ninety calendar days of continuous session of Congress after such rule is prescribed unless disapproved as provided in sub- section (a) of this section. (c) Sessions of Congress as applicable For purposes of subsections (a) and (b) of this section— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of thirty, sixty, and ninety calendar days of continuous session of Con- gress. (d) Congressional inaction on, or rejection of, resolution of disapproval Congressional inaction on, or rejection of, a resolution of disapproval shall not be deemed an expression of approval of such rule or regula- tion. (Pub. L. 96–510, title III, § 305, Dec. 11, 1980, 94 Stat. 2809.) § 9656. Transportation of hazardous substances; listing as hazardous material; liability for re- lease (a) Each hazardous substance which is listed or designated as provided in section 9601(14) of this title shall, within 30 days after October 17, 1986, or at the time of such listing or designa- tion, whichever is later, be listed and regulated as a hazardous material under chapter 51 of title 49. (b) A common or contract carrier shall be lia- ble under other law in lieu of section 9607 of this title for damages or remedial action resulting from the release of a hazardous substance during the course of transportation which commenced prior to the effective date of the listing and reg- ulation of such substance as a hazardous mate- rial under chapter 51 of title 49, or for sub- stances listed pursuant to subsection (a) of this section, prior to the effective date of such list- ing: Provided, however, That this subsection shall not apply where such a carrier can demonstrate that he did not have actual knowledge of the identity or nature of the substance released. (Pub. L. 96–510, title III, § 306(a), (b), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 99–499, title II, § 202, Oct. 17, 1986, 100 Stat. 1695.) Editorial Notes CODIFICATION In subsecs. (a) and (b), ‘‘chapter 51 of title 49’’ sub- stituted for ‘‘the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]’’ on authority of Pub.