[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2853 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2853

To require the Environmental Protection Agency to promptly notify State 
  and local authorities and the public of certain enforcement actions 
                       under environmental laws.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2007

 Mr. Patrick J. Murphy of Pennsylvania introduced the following bill; 
  which was referred to the Committee on Energy and 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 require the Environmental Protection Agency to promptly notify State 
  and local authorities and the public of certain enforcement actions 
                       under environmental laws.

    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 ``Alerting Localities of Environmental 
Risks and Threats (ALERT) Act''.

SEC. 2. EPA NOTICE REQUIREMENT.

    (a) Mandatory Notice to State and Local Governments.--The 
Administrator of the Environmental Protection Agency shall promptly 
notify--
            (1) the Governor of the State whenever the Administrator 
        (or the Attorney General) takes any of the actions listed in 
        subsection (b) with respect to any violation in, or directly 
        affecting, that State; and
            (2) the head of each general purpose unit of local 
        government with jurisdiction over a political subdivision in a 
        State whenever the Administrator (or the Attorney General) 
        takes any of the actions listed in subsection (b) with respect 
        to any violation in, or directly affecting, that political 
        subdivision.
In the case of a violation that takes place in, or directly affects, 
more than one State or political subdivision, The Administrator shall 
notify the Governor of each such State and the head of each general 
purpose unit of local government for each such political subdivision.
    (b) Actions Covered.--Each of the following actions taken with 
respect to any past, existing, or potential violation of, or failure to 
comply with, any law administered by the Environmental Protection 
Agency shall require notice under subsection (a):
            (1) The Administrator makes an initial determination that 
        it is more likely than not that an enforcement action or 
        remediation will be necessary with respect to the violation or 
        failure.
            (2) The issuance or filing by the Administrator of an 
        administrative order or complaint with respect to the violation 
        or failure.
            (3) The determination by the Administrator that such an 
        administrative order or complaint is final.
            (4) The settlement of an administrative complaint or the 
        date on which the Administrator determines that there has been 
        compliance with an administrative order.
            (5) The transmittal by the Administrator of a case relating 
        to the violation or failure to the Attorney General for 
        enforcement action by the Attorney General.
            (6) The filing of a complaint or enforcement action by the 
        United States in any United States district court or court of 
        appeals.
            (7) The entry by a court of a final order, consent decree, 
        or settlement order.
            (8) The determination by the United States that no further 
        action will be taken with respect to the violation concerned in 
        any court of the United States.
    (c) Form and Content of Notice.--The notice to State and local 
government officials under this Act shall be in the form of a letter 
sent by registered mail and, to the extent practicable, in the form of 
electronic mail. The notice shall contain a summary of the nature and 
scope of the violation concerned, the location of the violation 
(including the postal zip codes or codes affected by the violation), 
the officer or employee of the Environmental Protection Agency 
responsible for providing public information with respect to the 
violation, notice of where additional information can be obtained with 
respect to the alleged violation and with respect to the corresponding 
action referred to in subsection (b), and the date on which such action 
was taken. The notice shall not contain any confidential or proprietary 
information or any other information that is not otherwise made public.
    (d) Public Notice.--Any person may request a copy of any notice 
sent to a State or local government under paragraph (2), (3), (4), (5), 
(6), (7), or (8) of subsection (b) by identifying the type of action 
referred to in subsection (b) for which notice is requested, the postal 
zip code or codes for the area concerned, and the electronic mail 
address of the requesting person. Following receipt of such a request, 
the Administrator shall promptly transmit a copy of the notice to such 
person by electronic mail for each such action taken after the receipt 
of such request.
    (e) Savings Provisions.--Nothing in this section, including the 
failure of the Administrator to comply with the requirements of this 
section, shall be construed to affect the validity or invalidity of any 
action referred to in subsection (b), to create any legally enforceable 
duty or obligation on the part of the Administrator or any other person 
with respect to any such action, or to affect the liability of any 
person with regard to any violation of any law or regulation.
    (f) Effective Date.--Subsection (a) of this section shall take 
effect with respect to actions described in subsection (b) that are 
taken after the date of the enactment of this Act.
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