[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1636 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1636

  To disclose environmental risks to children's health and expand the 
 public's right to know about toxic chemical use and release, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 1997

   Mr. Waxman (for himself, Mr. Saxton, Mr. Pallone, Mr. Markey, Mr. 
   Andrews, Mr. Lewis of Georgia, Mr. Shays, Mr. Brown of Ohio, Mr. 
   Gonzalez, Mr. Dicks, Mr. Foglietta, Mr. Barrett of Wisconsin, Ms. 
DeGette, Mr. Jackson of Illinois, Mr. Lantos, Mr. Gutierrez, Mr. Horn, 
  Ms. McCarthy of Missouri, Mrs. Roukema, Mr. Ford, Mr. Moakley, Mr. 
  Clay, Mr. Yates, Mr. Castle, Ms. Pelosi, Mr. Coyne, Mr. Capps, Mr. 
     Davis of Illinois, Mr. Gejdenson, Mr. Cummings, Mr. Miller of 
 California, Ms. Eshoo, Mrs. Kennelly of Connecticut, Mr. Dellums, Mr. 
 Kucinich, Mr. Hinchey, Mrs. Meek of Florida, Mr. Berman, Mr. Smith of 
   New Jersey, Ms. Eddie Bernice Johnson of Texas, Mr. Menendez, Mr. 
 Wexler, Mr. Filner, Mr. Pascrell, Mr. Payne, Mr. Barcia, Ms. Rivers, 
   Ms. McKinney, Mrs. Mink of Hawaii, Mrs. Maloney of New York, Mr. 
 Bonior, Mr. Wynn, Mr. Brown of California, Mr. DeFazio, Mr. Clyburn, 
Mr. Kennedy of Massachusetts, Mrs. Morella, Mr. Thompson, Mr. Conyers, 
   Mr. Allen, Mr. Evans, Mr. Moran of Virginia, Mr. Blagojevich, Mr. 
  Hooley of Oregon, Mr. Rush, Mr. Nadler, Mr. Pastor, Ms. Furse, Ms. 
Woolsey, Mr. Sanders, Mr. Kennedy of Rhode Island, Mr. Blumenauer, Mrs. 
 Clayton, Mr. Cardin, Mr. Franks of New Jersey, Mr. Kind, Ms. DeLauro, 
 Mr. McGovern, Mr. Delahunt, Mr. Serrano, Mr. Hastings of Florida, Mr. 
   Olver, Mr. Neal of Massachusetts, Mr. LaFalce, Mr. Ackerman, Mrs. 
  Lowey, Mr. Rothman, Mr. Dixon, Mr. Meehan, Mr. McDermott, Mr. Adam 
Smith of Washington, Mr. Stark, Mr. Skaggs, and Mr. Baesler) introduced 
  the following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To disclose environmental risks to children's health and expand the 
 public's right to know about toxic chemical use and release, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Children's 
Environmental Protection and Right to Know Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
              TITLE I--CHILDREN'S ENVIRONMENTAL PROTECTION

     Subtitle A--Disclosure of Industrial Releases That Present a 
                      Significant Risk to Children

Sec. 101. Reporting requirements.
  Subtitle B--Disclosure of High Health Risk Chemicals in Children's 
                           Consumer Products

Sec. 111. Listing of toxic substances.
Sec. 112. Reporting of toxic chemicals in consumer products.
Sec. 113. Exemptions.
Sec. 114. Private citizen enforcement.
Sec. 115. Preemption.
        TITLE II--PUBLIC RIGHT TO KNOW ABOUT TOXIC CHEMICAL USE

Sec. 201. Disclosure of toxic chemical use.
Sec. 202. Disclosure of toxic chemical use by comparable facilities.
Sec. 203. Streamlining environmental reporting and public access to 
                            information.
Sec. 204. Trade secret protection.
Sec. 205. Civil actions.

SEC. 2. FINDINGS.

    Congress finds that requirements to disclose information about 
environmental risks have been shown to improve health and safety by--
            (1) prompting those causing such risks to reduce the risks; 
        and
            (2) enabling individuals to take actions to protect 
        themselves from those risks.

              TITLE I--CHILDREN'S ENVIRONMENTAL PROTECTION

     Subtitle A--Disclosure of Industrial Releases That Present a 
                      Significant Risk to Children

SEC. 101. REPORTING REQUIREMENTS.

    (a) Revised Thresholds.--Section 313(f)(1) of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11023(f)(1)) is amended by inserting the following after subparagraph 
(B):
            ``(C) With respect to each of the toxic chemicals described 
        in clause (i) which are released from a facility, the amount 
        established pursuant to clause (ii):
                    ``(i) Within 24 months of enactment of the 
                Children's Environmental Protection and Right to Know 
                Act of 1997, the Administrator shall establish a 
                threshold for each toxic chemical which the 
                Administrator determines may present a significant risk 
                to children's health or the environment due to its 
                persistence or potential to bioaccumulate or disrupt 
                endocrine systems, or to other characteristics. Such 
                toxic chemicals shall include lead, mercury, dioxin, 
                cadmium, and chromium, and substances listed as 
                bioaccumulative chemicals of concern at 60 Federal 
                Register 15393.
                    ``(ii) The Administrator shall establish a 
                threshold for each toxic chemical described in clause 
                (i) at a level which will ensure reporting on at least 
                80 percent of the aggregate of all releases of the 
                chemical from facilities that (I) have 10 or more full-
                time employees and (II) are in Standard Industrial 
                Classification Codes 20 through 39 or in the Standard 
                Industrial Classification Codes added under subsection 
                (b)(1)(B) of this section.''.
    (b) Additional Chemicals.--Section 313(c) of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended 
by inserting the following before the period: ``and dioxin and 
substances listed as bioaccumulative chemicals of concern at 60 Federal 
Register 15393''.
    (c) Releases.--Section 313(a) and section 313(b)(1) of the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11023(a) and (b)(1)) are each amended by striking ``or otherwise used'' 
and inserting ``otherwise used, or released''.
    (d) Reporting Thresholds.--Section 326(a)(1)(B) of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11046(a)(1)(B)) is amended by adding at the end the following:
            ``(vii) Establish reporting thresholds for chemicals 
        referred to in section 313(f)(1)(C).''.
    (e) Revised Thresholds.--Section 313(f)(2) of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11046(f)(2)) is amended by striking ``paragraph (1)'' and inserting 
``subparagraph (A) or subparagraph (B) of paragraph (1)''.

  Subtitle B--Disclosure of High Health Risk Chemicals in Children's 
                           Consumer Products

SEC. 111. LISTING OF TOXIC SUBSTANCES.

    Section 2 of the Federal Hazardous Substances Act (15 U.S.C. 1261) 
is amended as follows:
            (1) Subsection (g) is amended by striking ``(g) The term'' 
        and inserting ``(g)(1) The term'' and by inserting at the end 
        the following:
    ``(2) Within one year after the date of enactment of this 
paragraph, and annually thereafter, the Secretary, acting through the 
National Toxicology Program, shall publish a list of substances or 
mixtures of substances which are toxic due to their carcinogenic, 
neurotoxic, or reproductive toxic effects. Such list shall include any 
chemical that has been identified by any Federal agency as a 
carcinogen, neurotoxin, or reproductive toxin. At a minimum, such list 
shall include each chemical identified as a Group A or Group B 
carcinogen in 53 Federal Register 41118 et seq., each chemical 
identified as adversely affecting the nervous system in criteria 
documents of the National Institute for Occupational Safety and Health, 
each chemical identified by the Consumer Product Safety Commission as 
having sufficient evidence in humans or animals of carcinogenicity, 
neurotoxicity, human developmental toxicity, or male or female 
reproductive toxicity, each chemical regulated as a neurotoxin or 
reproductive toxin or developmental toxin by the Environmental 
Protection Agency and each chemical on the Biennial List of Carcinogens 
submitted to the Congress by the Secretary of Health and Human 
Services. The Secretary shall include with such information reasonably 
available information on adverse health effects which have resulted in 
the listing of the substance or mixture of substances as toxic.
    ``(3) In carrying out paragraph (2), the Secretary shall secure 
data sufficient to identify substances or mixtures of substances which 
are toxic within the meaning of paragraph (2) and to which infants and 
young children are exposed by requiring manufacturers or producers to 
generate such data and by obtaining existing data from any Federal, 
State, or local government agency.''.
            (2) By adding at the end the following:
    ``(u) The term `eligible product' means any toy, or other article 
intended for use by children, except that after the date 3 years after 
the date of the enactment of the Children's Environmental Protection 
and Right to Know Act of 1997, the term `eligible product' means any 
consumer product as defined in section 3 of the Consumer Product Safety 
Act (15 U.S.C. 2052).''.

SEC. 112. REPORTING OF TOXIC CHEMICALS IN CONSUMER PRODUCTS.

    (a) Reporting.--The Federal Hazardous Substances Act (15 U.S.C. 
1261 and following) is amended by adding at the end the following:

``SEC. 25. REPORTING OF TOXIC CHEMICALS.

    ``(a) In General.--A manufacturer or importer of any eligible 
product which contains, or is composed of, a substance or mixture of 
substances listed under section 2(g)(2) shall report each of the 
following to the Commission:
            ``(1) The identity of the manufacturer or importer and the 
        model name and model number of the eligible product.
            ``(2) The identity of the substance or mixture of 
        substances listed under section 2(g)(2) and its concentration 
        in the eligible product.
            ``(3) The information known to the manufacturer or importer 
        that would support a determination that the eligible product is 
        not a misbranded hazardous substance or a banned hazardous 
        substance.
    ``(b) Publication.--The Commission shall annually publish in the 
Federal Register and make available to the public electronically the 
information received under subsection (a).
    ``(c) Regulations.--The Commission may promulgate such regulations 
as necessary to carry out this section.
    ``(d) Effective Date.--Subsection (a) of this section shall take 
effect with respect to a substance or mixture of substances one year 
after the date on which the substance or mixture of substances is 
listed under section 2(g)(2).''.
    (b) Prohibited Acts.--(1) Section 4 of the Federal Hazardous 
Substances Act (15 U.S.C. 1263) is amended by adding at the end the 
following:
    ``(l) The failure to report as required under section 25 of this 
Act.''.
    (2) Section 5(c)(1) of such Act (15 U.S.C. 1264(c)(1)) is amended 
by striking ``and (k)'' and inserting ``(k), and (l)''.

SEC. 113. EXEMPTIONS.

    (a) In General.--Section 3(c) of the Federal Hazardous Substances 
Act (15 U.S.C. 1262(c)) is amended by adding the following at the end 
thereof: ``The Commission may also promulgate regulations exempting 
from the reporting requirements of section 25 any substance or mixture 
of substances. This subsection shall not apply to any substance or 
mixture of substances unless, upon an adequate showing, the Commission 
establishes that such substance or mixture would not, by reason of 
containing a substance or mixture of substances listed under section 
2(g)(2), cause substantial personal injury or substantial illness 
during or as a proximate result of any customary or reasonably 
foreseeable handling or use, including reasonably foreseeable ingestion 
by children.''.
    (b) Other Provisions of Law.--Section 3(d) of such Act (15 U.S.C. 
1262(d)) is amended by striking ``adequate requirements satisfying the 
purposes of'' and inserting ``requirements at least as stringent as''.

SEC. 114. PRIVATE CITIZEN ENFORCEMENT.

    The Federal Hazardous Substances Act (15 U.S.C. 1261 and following) 
is amended by adding at the end the following:

``SEC. 26. PRIVATE CITIZEN ENFORCEMENT.

    ``(a) In General.--Any person, other than the Commission, may 
commence a civil action on his or her own behalf--
            ``(1) against any person for violation of section 4(a), 
        (b), or (l) (15 U.S.C. 1263(a), (b), or (l)); or
            ``(2) against the Commission for the failure to perform any 
        nondiscretionary act or duty under the Children's Environmental 
        Protection and Right to Know Act of 1997.
The district courts shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the parties, over any 
action brought under paragraph (1) or (2) and in any such action the 
court may apply any appropriate civil penalties under section 5 or 
order the Commission to perform such act or duty, as the case may be.
    ``(b) Actions Prohibited.--No action may be commenced pursuant to 
this section unless--
            ``(1) the plaintiff has given notice of its intent to bring 
        such action at least 60 days prior to the commencement of the 
        action to the Commission and, for a violation of section 4, to 
        the violator; and
            ``(2) for a violation of section 4, the Commission has not 
        commenced and is not diligently pursuing a civil action on 
        behalf of the United States.
    ``(c) Intervention.--In any action brought on behalf of the United 
States following receipt of a notice pursuant to subsection (b)(1), the 
person giving such notice may intervene as of right as a plaintiff in 
such action.
    ``(d) Costs and Fees.--In an action brought under subsection (a), 
the court shall award to any substantially prevailing plaintiff (and in 
an action brought under subsection (c), to the party intervening 
pursuant to subsection (c) if that party contributed significantly to 
the success of the plaintiff) the costs of litigation including 
reasonable attorney fees, unless the court finds such award to be 
inappropriate under the circumstances.
    ``(e) Burden of Proof.--In an action brought under paragraph (1) of 
subsection (a), if the person alleged to be in violation of section 4 
asserts that a substance or mixture of substances is not a hazardous 
substance by reason of containing a substance or mixture of substances 
listed under section 2(g)(2), the burden of proof shall be on such 
person to establish that such substance or mixture of substances is not 
a hazardous substance.
    ``(f) Penalty Fund.--(1) Penalties received under subsection (a) 
shall be deposited in a special fund in the United States Treasury. 
Amounts in such fund are authorized to be appropriated and shall remain 
available until expended, for use by the Commission to finance 
compliance and enforcement activities under this Act. The Commission 
shall annually report to the Congress about the sums deposited into the 
fund, the sources thereof, and the actual and proposed uses thereof.
    ``(2) Notwithstanding paragraph (1), the court in any action under 
this section to apply civil penalties shall have discretion to order 
that such civil penalties, in lieu of being deposited in the fund 
referred to in paragraph (1), be used in projects which are consistent 
with this Act and designed to enhance public awareness of the health 
effects of toxic substances or mixtures and of possible children's 
exposure to toxic substances or mixtures in eligible products. The 
court shall obtain the view of the Commission in exercising such 
discretion and selecting any such projects.''.

SEC. 115. PREEMPTION.

    Nothing in this subtitle shall affect the authority of any State or 
political subdivision of a State to establish or continue in effect any 
regulation or any other measure relating to any substance or mixture or 
article containing a substance or mixture, including consumer products.

        TITLE II--PUBLIC RIGHT TO KNOW ABOUT TOXIC CHEMICAL USE

SEC. 201. DISCLOSURE OF TOXIC CHEMICAL USE.

    (a) Form.--(1) Section 313(g)(1)(C) of the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 11023(g)(1)(C)) is 
amended by inserting at the end the following:
            ``(v) Number of employees, including contractors, at the 
        reporting facility; number of employees, including contractors, 
        at the reporting facility exposed to the chemical; and an 
        estimate of occupational exposures to the chemical. Within 24 
        months after the date of enactment of the Children's 
        Environmental Protection and Right to Know Act of 1997, the 
        Administrator shall promulgate rules regarding the information 
        to be provided under this clause.
            ``(vi) The following annual materials accounting 
        information:
                    ``(I) A description of the uses of the chemical at 
                the facility.
                    ``(II) The starting inventory of the chemical at 
                the facility.
                    ``(III) The quantity of the chemical produced at 
                the facility.
                    ``(IV) The quantity of the chemical brought into 
                the facility and the mode of transportation.
                    ``(V) The quantity of the chemical consumed at the 
                facility.
                    ``(VI) The quantity of the chemical shipped out of 
                the facility as or in products and the quantities 
                intended for industrial use; commercial use; and 
                consumer use; and for additional categories of use that 
                the Administrator may designate.
                    ``(VII) The quantity of the chemical entering any 
                waste stream (or otherwise released into the 
                environment) prior to recycling, treatment, or 
                disposal.
                    ``(VIII) The ending inventory of the chemical at 
                the facility.
                    ``(IX) The amount of the chemical recycled at the 
                facility that is subsequently used at the facility.
                    ``(X) The `toxic chemical use' of the chemical, 
                which shall be calculated by adding the quantities 
                reported under subclauses (II), (III), (IV), and (IX) 
                and subtracting the quantity reported under subclause 
                (VIII).
        Quantities reported under this clause shall be complete and 
        verifiable by computations under conventional materials 
        accounting practices. If the sum of the quantities reported 
        under subclauses (II), (III), (IV), and (IX) does not equal the 
        sum of the quantities reported under subclauses (V), (VI), 
        (VII), and (VIII), an explanation of the difference shall be 
        provided.
            ``(vii) The reduction (from the prior calendar year) in the 
        quantity of the toxic chemical entering any waste stream (or 
        otherwise released to the environment) prior to recycling, 
        treatment, or disposal (as reported under section 6607(b)(1) of 
        the Pollution Prevention Act of 1990), as a result of the 
        following: equipment or technology modifications; process or 
        procedure modifications; reformulation or redesign of products; 
        substitution of raw materials; and improvements in 
        housekeeping, maintenance, training, or inventory control.
            ``(viii) The reduction (from the prior calendar year) in 
        the quantity of toxic chemical use as defined in subclause (X) 
        as a result of the following: equipment or technology 
        modifications; process or procedure modifications; 
        reformulation or redesign of products; substitution of raw 
        materials; and improvements in housekeeping, maintenance, 
        training, or inventory control.''.
    (2) Section 313(g)(1)(C) of such Act is amended by inserting ``for 
the preceding calendar year'' after ``items of information'' and by 
striking ``the preceding calendar year'' in clause (ii) and inserting 
``the calendar year concerned''.
    (b) Other Requirements.--The Administrator of the Environmental 
Protection Agency shall integrate the reporting requirements under the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001 et seq.), the Pollution Prevention Act of 1990 (42 U.S.C. 12101 
et seq.), and this Act.

SEC. 202. DISCLOSURE OF TOXIC CHEMICAL USE BY COMPARABLE FACILITIES.

    Section 313(b)(1)(B) of the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11023(b)(1)(B)) is amended as follows:
            (1) By striking ``(B) The Administrator'' and inserting 
        ``(B)(i) The Administrator''.
            (2) By adding at the end the following:
            ``(ii) Effective beginning with the 1998 reporting year, 
        facilities identified by the Standard Industrial Codes listed 
        in the Federal Register notice at 61 Fed. Reg. 33587-33619 
        shall be subject to the requirements of this section.
            ``(iii) Within 24 months after the date of enactment of 
        this clause, the Administrator shall promulgate a final 
        regulation that adds all additional categories of facilities 
        that used or released toxic chemicals in volumes similar to the 
        uses or releases of facilities that are covered by this section 
        as of such date of enactment. This clause shall not apply to 
        any farm.''.

SEC. 203. STREAMLINING ENVIRONMENTAL REPORTING AND PUBLIC ACCESS TO 
              INFORMATION.

    (a) Streamlined Data Collection and Dissemination.--Section 313 of 
the Emergency Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. 11023) is amended by adding at the end the following:
    ``(m) Streamlined Data Collection and Dissemination.--
            ``(1) In general.--To enhance public access and use of 
        information resources, to facilitate compliance with reporting 
        requirements, and to promote multimedia permitting, reporting, 
        and pollution prevention, the Administrator shall, within 36 
        months after the enactment of this subsection, take each of the 
following actions:
                    ``(A) Create standard data formats for information 
                management.
                    ``(B) Integrate information resources, using common 
                company, facility, industry, geographic, and chemical 
                identifiers, and other identifiers as the Administrator 
                deems appropriate.
                    ``(C) Establish a system for indexing, locating, 
                and obtaining agency-held information about parent 
                companies, facilities, industries, chemicals, 
                geographic locations, ecological indicators, and the 
                regulatory status of chemicals and entities subject to 
                agency regulation.
                    ``(D) Consolidate all annual reporting 
                requirements, pursuant to this title and other Federal 
                environmental laws, for small businesses. Such 
                consolidated reporting requirements shall allow 
                reporting to one point of contact using one form or 
                electronic reporting system.
                    ``(E) Provide members of the public one point of 
                contact for access to all the publicly available 
                information gathered by the Environmental Protection 
                Agency for any one regulated entity.
            ``(2) Consolidation.--The Administrator shall, within 5 
        years after the enactment of this subsection, consolidate all 
        annual reporting pursuant to this title and other Federal 
        environmental laws for each entity subject to such reporting. 
        Such consolidated reporting requirements shall allow reporting 
        to one point of contact using one form or electronic reporting 
        system.
            ``(3) Understandable language.--In improving the means by 
        which the Administrator provides information to the public and 
        requires information be reported by regulated entities, as 
        required by paragraphs (1) and (2), the Administrator shall use 
        language and methods of communication that the Administrator 
        believes to be clear and understandable.''.
    (b) Disclosure of Uses of Toxic Chemicals.--(1) Section 313(a) of 
the Emergency Planning and Community Right-To-Know Act of 1986 is 
amended by striking ``releases'' and inserting ``toxic chemical uses 
and releases''.
    (2) Section 313(h) of the Emergency Planning and Community Right-
To-Know Act of 1986 is amended by inserting ``the uses of toxic 
chemicals at covered facilities and'' before ``the releases of toxic 
chemicals to the environment''.

SEC. 204. TRADE SECRET PROTECTION.

    Section 322 of the Emergency Planning and Community Right-To-Know 
Act of 1986 is amended as follows:
            (1) In subsection (a)(1) by adding the following at the end 
        thereof:
                    ``(C) Any person required to submit materials 
                accounting information under section 313(g)(1)(C)(vi) 
                may withhold an element or portion of such information, 
                as defined in regulations prescribed by the 
                Administrator under subsection (c) of this section, if 
                the person complies with paragraph (2) with respect to 
                the information to be withheld. This subparagraph shall 
                not provide authority to withhold any information 
                referred to in the Pollution Prevention Act of 1990 (42 
                U.S.C. 13101 and following).''.
            (2) Subsection (b)(4) is amended by inserting ``or other 
        information withheld'' after ``The chemical identity''.
            (3) Subsection (d)(1) is amended by inserting ``or other 
        information'' after ``toxic chemical''.
            (4) Subsection (d)(2) is amended by inserting ``or other 
        information withheld'' after ``specific chemical identity''.
            (5) Subsection (d)(3)(A) is amended by inserting ``or other 
        information withheld'' after ``specific chemical identity''.
            (6) Subsection (d)(3)(B) is amended by inserting ``or other 
        information withheld'' after ``chemical identity''.
            (7) Subsection (d)(3)(C) is amended by inserting ``or other 
        information withheld'' after ``chemical identity'' in each 
        place it appears.
            (8) Subsection (d)(4)(A) is amended by inserting ``or other 
        information withheld'' after ``chemical identity''.
            (9) Subsection (f) is amended by inserting ``or other 
        information withheld under subsection (a)(1)'' after ``specific 
        chemical identity''.
            (10) Subsection (h)(1) is amended by inserting ``or other 
        information withheld'' before ``is claimed as a''.
            (11) Subsection (h)(2) is amended by inserting ``or other 
        information withheld'' after ``identity of a toxic chemical''.

SEC. 205. CIVIL ACTIONS.

    Section 326(a)(1)(A) of the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11046(a)(1)(A)) is amended by inserting 
``any past or ongoing'' after ``An owner or operator of a facility 
for''.
                                 <all>