42 U.S.C. § 9631 — Untitled legal text

Page 7801 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 9631 to 9633 (iii), take immediate action under that clause. (ii) State reply Not later than 48 hours after a State re- ceives notice from the Administrator under clause (i), the State shall notify the Administrator if— (I) the release at the eligible response site is or has been subject to a cleanup conducted under a State program; and (II) the State is planning to abate the release or threatened release, any ac- tions that are planned. (iii) Immediate Federal action The Administrator may take action im- mediately after giving notification under clause (i) without waiting for a State reply under clause (ii) if the Administrator de- termines that one or more exceptions under subparagraph (B) are met. (E) Report to Congress Not later than 90 days after the date of ini- tiation of any enforcement action by the President under clause (ii), (iii), or (iv) of subparagraph (B), the President shall submit to Congress a report describing the basis for the enforcement action, including specific references to the facts demonstrating that enforcement action is permitted under sub- paragraph (B). (2) Savings provision (A) Costs incurred prior to limitations Nothing in paragraph (1) precludes the President from seeking to recover costs in- curred prior to January 11, 2002, or during a period in which the limitations of paragraph (1)(A) were not applicable. (B) Effect on agreements between States and EPA Nothing in paragraph (1)— (i) modifies or otherwise affects a memo- randum of agreement, memorandum of un- derstanding, or any similar agreement re- lating to this chapter between a State agency or an Indian tribe and the Adminis- trator that is in effect on or before Janu- ary 11, 2002 (which agreement shall remain in effect, subject to the terms of the agree- ment); or (ii) limits the discretionary authority of the President to enter into or modify an agreement with a State, an Indian tribe, or any other person relating to the imple- mentation by the President of statutory authorities. (3) Effective date This subsection applies only to response ac- tions conducted after February 15, 2001. (c) Effect on Federal laws Nothing in this section affects any liability or response authority under any Federal law, in- cluding— (1) this chapter, except as provided in sub- section (b); (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and (5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). (Pub. L. 96–510, title I, § 128, as added Pub. L. 107–118, title II, § 231(b), Jan. 11, 2002, 115 Stat. 2375; amended Pub. L. 115–141, div. N, §§ 14(a), 15, Mar. 23, 2018, 132 Stat. 1058, 1059.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1)(A), (B), (2)(B)(i) and (c)(1), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. The Solid Waste Disposal Act, referred to in subsec. (c)(2), 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, which is classified generally to chap- ter 82 (§ 6901 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (c)(3), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For com- plete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Ta- bles. The Toxic Substances Control Act, referred to in sub- sec. (c)(4), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Safe Drinking Water Act, referred to in subsec. (c)(5), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classi- fied generally to subchapter XII (§ 300f et seq.) of chap- ter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 201 of this title and Tables. AMENDMENTS 2018—Subsec. (a)(1)(B)(ii)(III). Pub. L. 115–141, § 14(a)(1), added subcl. (III). Subsec. (a)(1)(B)(iii), (iv). Pub. L. 115–141, § 14(a)(2), added cls. (iii) and (iv). Subsec. (a)(3). Pub. L. 115–141, § 15, amended par. (3) generally. Prior to amendment, text read as follows: ‘‘There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2002 through 2006.’’ SUBCHAPTER II—HAZARDOUS SUBSTANCE RESPONSE REVENUE PART A—HAZARDOUS SUBSTANCE RESPONSE TRUST FUND §§ 9631 to 9633. Repealed. Pub. L. 99–499, title V, § 517(c)(1), Oct. 17, 1986, 100 Stat. 1774 Section 9631, Pub. L. 96–510, title II, § 221, Dec. 11, 1980, 94 Stat. 2801; Pub. L. 99–499, title II, § 204, Oct. 17, 1986, 100 Stat. 1696, provided for establishment of a Haz- ardous Substances Superfund, so redesignated by sec- tion 204 of Pub. L. 99–499. See section 9507 of Title 26, Internal Revenue Code. Page 7802 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9641 1 See References in Text note below. Section 9632, Pub. L. 96–510, title II, § 222, Dec. 11, 1980, 94 Stat. 2802, limited liability of United States to amount in Trust Fund. Section 9633, Pub. L. 96–510, title II, § 223, Dec. 11, 1980, 94 Stat. 2802, contained administrative provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 99–499 effective Jan. 1, 1987, see sec- tion 517(e) of Pub. L. 99–499, set out as an Effective Date note under section 9507 of Title 26, Internal Revenue Code. PART B—POST-CLOSURE LIABILITY TRUST FUND § 9641. Repealed. Pub. L. 99–499, title V, § 514(b), Oct. 17, 1986, 100 Stat. 1767 Section, Pub. L. 96–510, title II, § 232, Dec. 11, 1980, 94 Stat. 2804, provided for establishment of the Post-clo- sure Liability Trust Fund in the Treasury of the United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 99–499, title V, § 514(c), Oct. 17, 1986, 100 Stat. 1767, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [repealing this section and sections 4681 and 4682 of Title 26, Internal Revenue Code] shall take effect on October 1, 1983. ‘‘(2) WAIVER OF STATUTE OF LIMITATIONS.—If on the date of the enactment of this Act [Oct. 17, 1986] (or at any time within 1 year after such date of enactment) refund or credit of any overpayment of tax resulting from the application of this section is barred by any law or rule of law, refund or credit of such overpayment shall, nevertheless, be made or allowed if claim there- for is filed before the date 1 year after the date of the enactment of this Act.’’ SUBCHAPTER III—MISCELLANEOUS PROVISIONS § 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 com- prehensive report on experience with the imple- mentation 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 disburse- ments 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 compensa- tion established by this chapter; (F) the impact of the taxes imposed by sub- chapter II 1 of this chapter on the Nation’s bal- ance of trade with other countries; (G) an assessment of the feasibility and de- sirability of a schedule of taxes which would take into account one or more of the fol- lowing: the likelihood of a release of a haz- ardous 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, in- cineration, and neutralization of hazardous wastes, and disincentives to improper or ille- gal handling or disposal of hazardous mate- rials, 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 ad- dressed by this chapter. In preparing the re- port, the President shall consult with appro- priate Federal, State, and local agencies, af- fected industries and claimants, and such other interested parties as he may find useful. Based upon the analyses and consultation re- quired by this subsection, the President shall also include in the report any recommenda- tions for legislative changes he may deem nec- essary for the better effectuation of the pur- poses of this chapter, including but not lim- ited to recommendations concerning author- ization levels, taxes, State participation, li- ability and liability limits, and financial re- sponsibility 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-de- rived 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 des- ignated 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, rec- ommend 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 sub- section 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 rev- enue raised, in relation to estimated future re- quirements, of the Post-closure Liability Trust Fund. (b) Private insurance protection The President shall conduct a study to deter- mine (1) whether adequate private insurance protection is available on reasonable terms and