[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1358 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1358

 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 relating to the innocent land owner defense and 
municipal liability, and to amend that Act and the Solid Waste Disposal 
                       Act relating to used oil.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1993

Mr. Mineta introduced the following bill; which was referred jointly to 
      the Committees on Energy and Commerce, and Public Works and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 relating to the innocent land owner defense and 
municipal liability, and to amend that Act and the Solid Waste Disposal 
                       Act relating to used oil.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT TO SUPERFUND PERTAINING TO INNOCENT LANDOWNER 
              DEFENSE.

    (a) In General.--Section 101(35) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) is amended by redesignating subparagraphs (C) and (D) as 
subparagraphs (D) and (E), respectively, and by inserting after 
subparagraph (B), the following:
    ``(C)(i) A defendant who has acquired real property shall have 
established a rebuttable presumption that he has made all appropriate 
inquiry within the meaning of subparagraph (B) if he establishes that, 
immediately prior to or at the time of acquisition, he obtained a Phase 
I Environmental Audit of the real property which meets the requirements 
of this subparagraph.
    ``(ii) For purposes of this subparagraph, the term `environmental 
professional' means an individual, or an entity managed or controlled 
by such individual who, through academic training, occupational 
experience and reputation (such as engineers, environmental consultants 
and attorneys), can objectively conduct one or more aspects of a Phase 
I Environmental Audit. For purposes of this subparagraph, the term 
`Phase I Environmental Audit' means an investigation of the real 
property, conducted by environmental professionals, to determine or 
discover the obviousness of the presence or likely presence of a 
release or threatened release of hazardous substances on the real 
property and which consists of a review of each of the following 
sources of information concerning the previous ownership and uses of 
the real property:
            ``(I) Recorded chain of title documents regarding the real 
        property, including all deeds, easements, leases, restrictions, 
        and covenants for a period of 50 years.
            ``(II) Aerial photographs which may reflect prior uses of 
        the real property and which are reasonably obtainable through 
        State or local government agencies.
            ``(III) Determination of the existence of recorded 
        environmental cleanup liens against the real property which 
        have arisen pursuant to Federal, State, and local statutes.
            ``(IV) Reasonably obtainable Federal, State, and local 
        government records of sites or facilities where there has been 
        a release of hazardous substances and which are likely to cause 
        or contribute to a release or threatened release of hazardous 
        substances on the real property, including investigation 
        reports for such sites or facilities; reasonably obtainable 
        Federal, State, and local government environmental records of 
        activities likely to cause or contribute to a release or a 
        threatened release of hazardous substances on the real 
        property, including landfill and other disposal location 
        records, underground storage tank records, hazardous waste 
        handler and generator records and spill reporting records; and 
        such other reasonably obtainable Federal, State, and local 
        government environmental records which report incidents or 
        activities which are likely to cause or contribute to a release 
        or threatened release of hazardous substances on the real 
        property. A record is considered to be reasonably obtainable 
        for purposes of this subclause if a copy or reasonable 
        facsimile of the record is obtainable from the government 
        agency by request.
            ``(V) A visual site inspection of the real property and all 
        facilities and improvements on the real property, and a visual 
        inspection of immediately adjacent properties from the real 
        property, including an investigation of any chemical use, 
        storage, treatment and disposal practices on the property.
    ``(iii) No presumption shall arise under clause (i) unless the 
defendant has maintained a compilation of the information reviewed in 
the course of the Phase I Environmental Audit.
    ``(iv) Notwithstanding any other provision of this paragraph, if 
the Phase I Environmental Audit discloses the presence or likely 
presence of a release or threatened release of hazardous substances on 
the real property to be acquired, no presumption shall arise under 
clause (i) with respect to such release or threatened release unless 
the defendant has taken reasonable steps, in accordance with current 
technology available, existing regulations, and generally acceptable 
engineering practices, as may be necessary to confirm the absence of 
such release or threatened release.''.
    (b) Effective Date.--Subparagraph (C) of section 101(35) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as added by subsection (a), shall take effect on the date of 
the enactment of this Act.

SEC. 2. LIABILITY FOR CERTAIN SUBSTANCES.

    (a) Generation and Transportation of Municipal Solid Waste--Section 
107 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9607), commonly referred to as 
``Superfund'', is amended by adding at the end the following new 
subsection:
    ``(n) Limitation on Liability for Generation or Transportation of 
Municipal Solid Waste.--
            ``(1) In general.--No municipality or other person shall be 
        liable for any costs or damages under paragraph (3) or (4) of 
        subsection (a) of this section by reason of such municipality 
        or other person's generation or transportation of municipal 
        solid waste.
            ``(2) Definitions.--As used in this subsection--
                    ``(A) the term `municipality' means any political 
                subdivision of a State, including any city, county, 
                town, township, school district, and other legal 
                government entity; and
                    ``(B) the term `municipal solid waste' means solid 
                waste generated by households and includes waste from 
                commercial, institutional, and industrial sources if 
                the amount and toxicity of substances contained in the 
                waste do not exceed that which one would expect to find 
                in waste generated by households.
            ``(3) Guidelines.--The Administrator may promulgate 
        guidelines to be used in determining the waste which qualifies 
        as municipal solid waste under paragraph (2)(B).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to response actions and suits brought under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 whether such response action or suits are commenced before, on, 
and after the date of the enactment of this Act; except that such 
amendment shall not apply to any suit brought under such Act in which 
final judgment has been entered by a court before the date of the 
enactment of this Act.

SEC. 3. LIABILITY FOR CERTAIN SUBSTANCES.

    (a) Generation and Transportation of Municipal Solid Waste.--
Section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9607), commonly referred to as 
``Superfund'', is amended by adding at the end the following new 
subsection:
    ``(n) Limitation on Liability for Generation or Transportation of 
Municipal Solid Waste.--
            ``(1) In general.--No municipality or other person liable 
        for any costs or damages under paragraph (3) or (4) of 
        subsection (a) of this section by reason of such municipality 
        or other person's generation or transportation of municipal 
        solid waste shall be liable for more than 4 percent of such 
        costs and damages.
            ``(2) Definitions.--As used in this subsection--
                    ``(A) the term `municipality' means any political 
                subdivision of a State, including any city, county, 
                town, township, school district, and other legal 
                government entity; and
                    ``(B) the term `municipal solid waste' means solid 
                waste generated by households and includes waste from 
                commercial, institutional, and industrial sources if 
                the amount and toxicity of substances contained in the 
                waste do not exceed that which one would expect to find 
                in waste generated by households.
            ``(3) Guidelines.--The Administrator may promulgate 
        guidelines to be used in determining the waste which qualifies 
        as municipal solid waste under paragraph (2)(B).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to response actions and suits brought under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 whether such response action or suits are commenced before, on, 
and after the date of the enactment of this Act; except that such 
amendment shall not apply to any suit brought under such Act in which 
final judgment has been entered by a court before the date of the 
enactment of this Act.

SEC. 4. MANAGEMENT OF USED OIL.

    (a) Definition of Used Oil.--Section 1004(36) of the Solid Waste 
Disposal Act is amended to read as follows:
            ``(36) The term `used oil' means any oil which has been--
                    ``(A) refined from crude oil,
                    ``(B) used, and
                    ``(C) as a result of such use or as a result of 
                spillage or commingling with other wastes, contaminated 
                by physical or chemical impurities.''.
    (b) Restrictions on Used Oil.--(1) Section 3014 of the Solid Waste 
Disposal Act is amended to read as follows:

``SEC. 3014. MANAGEMENT OF USED OIL.

    ``(a) Modified Listing as a Hazardous Waste.--
            ``(1) Listing of certain used oil and products derived from 
        used oil.--Not later than 12 months after the date of enactment 
        of the National Waste Reduction, Recycling, and Management Act, 
        the Administrator shall promulgate regulations under section 
        3001 listing as a hazardous waste used oil, and any product 
        derived from used oil, that fails to meet the specifications 
        set forth in paragraph (2).
            ``(2) Specifications for listing.--
                    ``(A) In general.--The specifications referred to 
                in paragraph (1) are as follows:
                            ``(i) Flashpoint: 100 deg. F. minimum.
                            ``(ii) Lead: 2 ppm maximum.
                            ``(iii) Arsenic: 2 ppm maximum.
                            ``(iv) Chromium: 2 ppm maximum.
                            ``(v) Cadmium: 2 ppm maximum.
                            ``(vi) Total halogens: 1,000 ppm maximum.
                            ``(vii) Polychlorinated biphenyls (PCBs): 2 
                        ppm maximum.
                No used oil shall be listed or identified as a 
                hazardous waste for purposes of this subtitle if it 
                meets each of the specifications set forth in clauses 
                (i) through (vii) above. No product derived from used 
                oil shall be listed or identified as a hazardous waste 
                for purposes of this subtitle if it meets each of the 
                specifications set forth in clauses (i) through (vii) 
                above. Compliance with the specifications set forth in 
                this subparagraph may not be achieved by blending used 
                oil with virgin oil or with any other solid waste or 
                other material.
                    ``(B) Marketing of fuel.--Fuel containing used oil 
                which, without treatment, meets the specifications of 
                subparagraph (A) (including the requirements relating 
                to blending) may be marketed as containing ingredients 
                that never were, and are not now, hazardous wastes if 
                the used oil is analyzed upon receipt at, and the used 
                oil-derived fuel is analyzed before shipment from, the 
                recycling facility to demonstrate compliance with such 
                specifications. Records of such analyses shall be 
                retained for at least 3 years.
            ``(3) Used oil generated by petroleum refining or 
        production facilities.--Used oil generated by petroleum 
        refining or production facilities, which is to be refined along 
        with normal process streams at a petroleum refining facility, 
        shall be exempt from the provisions of this subtitle applicable 
        to hazardous waste if it is inserted into the refining process 
        or production pipeline.
    ``(b) EPA Regulations.--
            ``(1) In general.--On the effective date provided in 
        subsection (i), the provisions of this subtitle applicable to 
        listed hazardous waste shall apply to all used oil which fails 
        to meet the specifications set forth in subsection (a)(2)(A). 
        Simultaneously with the promulgation of regulations listing 
        used oil as provided in subsection (a)(1), the Administrator 
        shall promulgate regulations under paragraph (2) of this 
        subsection, together with additional regulations under this 
        section applicable to the generation, collection, 
        transportation, treatment, storage, recycling, burning and 
        disposal of used oil which is listed as provided in subsection 
        (a)(1). Such regulations shall take effect on the effective 
        date provided in subsection (i). The Administrator shall ensure 
        that such regulations protect human health and the environment 
        and, to the extent consistent with that goal, do not discourage 
        the recovery or recycling of used oil.
            ``(2) Exemption from subtitle c requirements.--
                    ``(A) Persons generating used oil which is 
                household waste.--Any person who generates used oil 
                which is household waste (as defined under regulations 
                of the Administrator under this subtitle) shall be 
                exempt, with respect to such used oil, from regulation 
                under this section or under any other provision of this 
                subtitle.
                    ``(B) Curbside pickup and transportation of used 
                oil.--The curbside pickup and transportation of used 
                oil which is household waste (as defined under 
                regulations of the Administrator under this subtitle) 
                from residential locations as part of a curbside pickup 
                program sanctioned by a State or local government shall 
                be exempt from regulation under this section or under 
                any other provision of this subtitle. For purposes of 
                this subparagraph, the term `curbside pickup' shall not 
                include storage (including storage at a used oil 
                collection center which is part of a program sanctioned 
                by a State or local government).
                    ``(C) Recycling of scrap metal, paper, plastic, 
                glass, textiles, etc.--No scrap metal, paper, plastic, 
                glass, textile, or any absorbent material shall be 
                subject to this section by reason of the incidental 
                presence of used oil in or on such material.
    ``(c) Generation and Collection Centers.--Notwithstanding the 
listing of used oil under section 3001, no generator of used oil and no 
person operating a used oil collection center shall be deemed to have 
generated or stored a listed hazardous waste, and no such generator or 
collection center shall be subject to regulation under provisions of 
this subtitle other than this section, if such generator or collection 
center has complied with each of the following paragraphs--
            ``(1) The generator or collection center has either--
                    ``(A) recycled or burned the used oil at any 
                facility with a permit under subsection (c) or (e) of 
                section 3005, or
                    ``(B) entered into an agreement or other 
                arrangement with a transporter, recycler, or any other 
                person for periodic transportation of the used oil from 
                the point of generation or collection by a licensed 
                used oil transporter for delivery to a facility with a 
                permit under subsection (c) or (e) of section 3005 
                within 90 days of generation (except that volumes of 
                less than 500 gallons may be stored by the generator 
                for up to 12 months prior to such delivery).
            ``(2) The generator or collection center has not disposed 
        of the used oil in a manner other than as provided under 
        paragraph (1) or mixed the used oil with any other type of 
        hazardous wastes. The Administrator shall promulgate rules 
        under which any used oil collection center which is also a 
        generator of used oil may segregate the used oil which such 
        person generates from the used oil collected from other 
        persons. For purposes of this paragraph, no generator of used 
        oil or used oil collection center shall be presumed to have 
        mixed such used oil with other hazardous waste by reason of the 
        used oil's halogen content if the halogen content of such used 
        oil is less than 3,000 parts per million (ppm).
            ``(3) The generator or collection center has maintained 
        records of--
                    ``(A) the volume of all used oil recycled or burned 
                by the generator or collection center at a facility 
                which has a permit under subsection (c) or (e) of 
                section 3005; and
                    ``(B) all agreements or arrangements pursuant to 
                paragraph (1) and the approximate volume of all used 
                oil transferred to any other person for transportation 
                to a facility which has a permit under subsection (c) 
                or (e) of section 3005.
    ``(d) Transportation.--All transporters of used oil which is a 
hazardous waste listed under section 3001 shall comply with standards 
promulgated under section 3003, except that in the case of used oil 
that does not contain concentrations of 3,000 parts per million (ppm) 
or more of halogens, the Administrator shall modify the requirements 
otherwise applicable under section 3003 to used oil transporters to 
require such transporters to meet the insurance requirements of the 
Hazardous Materials Transportation Act for fuel oil not otherwise 
specified. The Administrator shall also modify the manifest 
requirements applicable to such used oil so as to allow the transporter 
to fill out 1 manifest for each load delivered to a facility which has 
a permit under subsection (c) or (e) of section 3005, which manifest 
shall list each source and volume of the oil delivered to the facility. 
The transporter shall provide to the generator or collection center a 
receipt for the oil transported, setting forth the name and address of 
the permitted facility to which the oil will be transported and such 
other information as the Administrator may deem necessary.
    ``(e) Disposal, Burning, or Processing Facilities.--
            ``(1) In general.--The regulations under this section shall 
        require hazardous waste management units of facilities that 
        dispose of, or burn, used oil which is hazardous waste listed 
        under section 3001 or that process or rerefine any such used 
        oil which is generated off-site to comply, without exception, 
        with the standards promulgated under section 3004 applicable to 
        hazardous waste treatment, storage and disposal facilities, as 
        in effect as of the date of the enactment of the National Waste 
        Reduction, Recycling, and Management Act. Each hazardous waste 
        management unit of a facility referred to in the preceding 
        sentence shall be required to obtain an individual permit under 
        section 3005(c) and the Administrator may not issue a permit-
        by-rule for any such facility. Each facility that processes or 
        rerefines any such used oil to produce a product that meets the 
        specifications set forth in subsection (a)(2)(A) of this 
        section shall maintain records of volumes and constituent 
        concentrations of incoming used oil and outgoing recycled oil 
        and documentation to demonstrate to the satisfaction of the 
        Administrator that compliance with such specifications have 
        been achieved without blending used oil with virgin oil or with 
        any other solid waste or other material.
            ``(2) Expedited permitting.--The Administrator shall 
        promulgate regulations to develop modified procedures to 
        expedite the issuance of permits to used oil recycling 
        facilities referred to in paragraph (1) where such facilities 
        consist primarily of tank and container units and where such 
        permitting does not involve decisions and determinations on 
        site-specific matters (including, but not limited to decisions 
        on post-closure care, corrective action, or other remediation).
    ``(f) Used Oil Credit System.--The Administrator shall promulgate 
rules under this subsection establishing a mandatory recycling program 
for used oil to require producers and importers of lubricating base 
stock to reuse or guarantee the reuse of an annually increasing 
percentage of used lubricating oil. The program shall include the 
establishment of a system of economic credits to implement such 
program. Such percentage for the first year of this program shall be 
equal to the percentage which is 2 percent higher than the percent of 
used oil that was rerefined into lubricating base stock or processed 
for energy recovery during the last calendar year ending prior to the 
enactment of this Act and shall increase each year for no fewer than 10 
subsequent years at least an additional 2 percent per year.
    ``(g) Used Oil Collection Programs.--In order to encourage used oil 
collection the Administrator shall require States to provide economic 
and other incentives to retailers and other persons who collect, or 
otherwise accept, used oil from persons exempt from regulation under 
this title pursuant to subsection (b)(2)(A) or from persons engaged in 
the curbside pickup or transportation of used oil which is exempt from 
this subtitle pursuant to subsection (b)(2)(B) where such retailer or 
other person collecting or accepting the used oil does not impose a 
charge on such persons for such collection or receipt. Each State shall 
establish a program under this subsection which shall include the 
imposition of fees in the amount of 5 cents per quart on refined or re-
refined lubricating base stock sold or transferred in the State or 
imported into the State for sale at retail in the State. No fee shall 
be required for oil for which a fee has previously been imposed in any 
State. The fee shall be paid by the person or entity who first 
packages, distributes, or sells lubricating oil for use in the State. 
Each such State shall use the revenues derived from such fees to 
improve State and local used oil collection efforts described in this 
subsection. A State may also establish a system, in conjunction with a 
nonprofit organization, to certify used oil collection sites which 
comply with the requirements of this section as participants in an 
`Environmentally Beneficial Used Oil Collection Program.'.
    ``(h) Definitions.--As used in this section--
            ``(1) Used oil collection center.--The term `used oil 
        collection center' means any site at which used oil is accepted 
        from other persons and temporarily stored or any site at which 
        used oil is removed from motor vehicles and temporarily stored, 
        including service stations, fleet maintenance facilities and 
        community recycling facilities. The term `used oil collection 
        center' shall not include any site that generates used oil as a 
        household waste or any facility at which used oil is stored by 
        a transporter subject to subsection (d) or a facility subject 
        to subsection (e). The Administrator may limit this definition 
        in terms of the maximum volume stored as may be necessary.
            ``(2) Use of terms `recycle' and `recycling'.--The terms 
        `recycle' and `recycling' do not include burning for heat, 
        energy, disposal or for any other purpose.
    ``(i) Effective Date.--The requirements of this section applicable 
to the management of used oil and the requirements of any regulations 
promulgated under this section shall take effect on the date 18 months 
after the enactment of the National Waste Reduction, Recycling, and 
Management Act, except that the Administrator may extend such effective 
date for not more than an additional 24 months in order to provide 
adequate opportunity for facilities engaged in the recycling, burning, 
re-refining, and storage of used oil to come into compliance with such 
requirements.''.
    (2) The item relating to section 3014 in the table of contents for 
subtitle C of the Solid Waste Disposal Act is amended to read as 
follows:

``Sec. 3014. Management of used oil.''.
    (c) Procurement of Re-refined Oil.--Section 6002(c) of the Solid 
Waste Disposal Act is amended by adding the following after paragraph 
(3):
    ``(4) Each procuring agency shall submit a report to the 
Administrator on the procuring agency's annual review and monitoring of 
the effectiveness of its re-refined oil procurement program, as set 
forth in 40 C.F.R. section 252.24. The Administrator shall submit a 
report to Congress summarizing these reports by October 1 of each year, 
starting with October 1, 1992.''.
    (d) Amendment of CERCLA.--Section 114(c)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(Superfund) is amended to read as follows:
    ``(c) Used Oil.--
            ``(1) Service station dealers, etc.--No person (including 
        the United States or any State) may bring an action under the 
        authority of subsection (a)(3) or (a)(4) of section 107 against 
        a service station dealer for any response costs or damages 
        resulting from a release or threatened release of used oil, or 
        use the authority of section 106 against a service station 
        dealer other than a person described in subsection (a)(1) or 
        (a)(2) of section 107, if such used oil--
                    ``(A) is not mixed with any other hazardous waste, 
                and
                    ``(B) is stored, treated, transported, or otherwise 
                managed in compliance with regulations or standards 
                promulgated pursuant to section 3014 of the Solid Waste 
                Disposal Act and other applicable authorities.
        Nothing in this paragraph shall affect or modify in any way the 
        obligations or liability of any person under any other 
        provision of State or Federal law, including common law, for 
        damages, injury, or loss resulting from a release or threatened 
        release of any hazardous substance or for removal or remedial 
        action or the costs of removal or remedial action. For the 
        purpose of subsection (c)(1)(A), no used oil shall be deemed to 
        be mixed with hazardous waste by reason of its halogen content 
        if it contains less than 3,000 ppm halogens.''.
    (e) Definition.--Section 101(37) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 is amended to read as 
follows:
            ``(37)(A) The term `service station dealer' means any 
        person--
                    ``(i) who owns or operates a motor vehicle service 
                station, filling station, garage, or similar retail 
                establishment engaged in the business of selling, 
                repairing, or servicing motor vehicles or parts, where 
                a significant percentage of the gross revenue of the 
                establishment is derived from the fueling, repairing, 
                servicing, or sale of parts for motor vehicles, and
                    ``(ii) who accepts for collection, accumulation, 
                and delivery to an oil recycling facility, used oil 
                that (I) has been removed from the engine of a light 
                duty motor vehicle or household appliances by the owner 
                of such vehicle or appliances, and (II) is presented, 
                by such owner, to such person for collection, 
                accumulation, and delivery to an oil recycling 
                facility.
            ``(B) For purposes of section 114(c), the term `service 
        station dealer' shall, notwithstanding the provisions of 
        subparagraph (A), include any government agency that 
        establishes a facility solely for the purpose of accepting used 
        oil that satisfies the criteria set forth in subclauses (I) and 
        (II) of subparagraph (A)(ii) and, with respect to used oil that 
        satisfies the criteria set forth in subclauses (I) and (II), 
        owners or operators of refuse collection services who are 
        compelled by State law to collect, accumulate, and deliver such 
        oil to an oil recycling facility.
            ``(C) The President shall promulgate regulations regarding 
        the determination of what constitutes a significant percentage 
        of the gross revenues of an establishment for purposes of this 
        paragraph.''.

                                 <all>

HR 1358 IH----2