[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2726 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2726

 To establish standards for cleanup of dry cleaning solvents under the 
 Comprehensive Environmental Response, Compensation, and Liability Act 
                    of 1980, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

Mr. Barton of Texas (for himself, Mr. DeLay, Mr. Terry, Mr. Barrett of 
Nebraska, Mr. Bereuter, and Mrs. Christensen) introduced the following 
bill; which was referred to the Committee on Commerce, and in addition 
to the Committee on Transportation and Infrastructure, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish standards for cleanup of dry cleaning solvents under the 
 Comprehensive Environmental Response, Compensation, and Liability Act 
                    of 1980, 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.

    This Act may be cited as the ``Small Business Remediation Act of 
1999''.

SEC. 2. FINDINGS AND INTENT OF CONGRESS.

    (a) Declaration.--Congress declares that the public should be 
protected from the risk of spilled or waste solvents and other 
chemicals in the soil, surface water, groundwater, and other 
environmental media.
    (b) Findings.--Congress finds that--
            (1) the remediation requirements for spilled or waste 
        solvents are often inconsistent, conflicting, and may impose a 
        burden that bears little relationship to the potential harm to 
        human health or the environment; and
            (2) these requirements pose a special burden on small 
        businesses and landowners.
    (c) Intent.--Congress intends that standards be set for remediation 
that, with an adequate margin of safety, will protect public health 
from significant risk from spilled or waste solvents, and below which 
level remediation will be permitted but not required.
    (d) Recognition.--Congress recognizes that the Environmental 
Protection Agency has issued a Soil Screening Guidance Document setting 
limits below which dry cleaning solvents in the soil, including soils 
affecting groundwater, will require no further action or study and 
several States have adopted remediation cutoff levels based on this 
range.
    (e) Resolution.--Congress resolves that it would be in the public 
interest to set a maximum level of remediation for dry cleaning 
solvents in the soil, surface water, groundwater, and other 
environmental media based on the most recent Soil Screening Guidance 
Document.

SEC. 3. STANDARD FOR CLEANUP.

    (a) General Rule.--The maximum level of remediation for a dry 
cleaning solvent in the soil, surface water, groundwater, and other 
environmental media (other than for groundwater or surface water 
actually used as a drinking water source) that any person may require 
of a dry cleaner shall be equal to the soil screening level for 
inhalation for that dry cleaning solvent determined in accordance with 
the Soil Screening Guidance Document.
    (b) Default Maximum Remediation Level.--Until a maximum remediation 
level is determined for a facility in accordance with subsection (a), 
the maximum level of remediation of that facility for a dry cleaning 
solvent in the soil, surface water, groundwater, and other 
environmental media (other than for groundwater or surface water 
actually used as a drinking water source) that any person may require 
of a dry cleaner shall be equal to the generic soil screening level for 
inhalation for that dry cleaning solvent as set forth in the Soil 
Screening Guidance Document.
    (c) Applicability to CERCLA.--The applicable or relevant and 
appropriate requirements for dry cleaning solvents under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 shall be the remediation standards established by subsections 
(a) and (b).
    (d) Changes to Standards.--The Administrator of the Environmental 
Protection Agency may, by rule, change the standards of subsections (a) 
and (b) in accordance with the provisions of any revised Soil Screening 
Guidance Document published after the date of enactment of this Act if 
necessary to protect human health or the environment.

SEC. 4. NONPREEMPTION.

    Nothing in this Act--
            (1) shall preempt or otherwise prevent the Federal 
        Government or a State government from remediating soil, surface 
        water, groundwater, or other environmental media to a level 
        other than the maximum remediation level determined in 
        accordance with section 3 if the government determines, on a 
        site-by-site basis, that a more stringent standard is necessary 
        to protect human health or the environment; or
            (2) shall alter or affect the Federal drinking water 
        standards for public consumption under title XIV of the Public 
        Health Service Act.

SEC. 5. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Dry cleaner.--The term ``dry cleaner'' means a person 
        who was or is engaged in dry cleaning or in supplying goods or 
        equipment to such a person or the owner of land on or a 
        facility in which a person was or is conducting dry cleaning.
            (2) Person.--The term ``person'' includes a governmental 
        entity.
            (3) Soil screening guidance document.--The term ``Soil 
        Screening Guidance Document'' means the Soil Screening 
        Guidance: User's Guide (EPA/540/R-96/018) and the Soil 
        Screening Guidance: Technical Background Document (EPA/540/R-
        95/128) developed by the Environmental Protection Agency.
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