42 U.S.C. § 9651 : US Code - Section 9651: Reports and studies

Search 42 U.S.C. § 9651 : US Code - Section 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 comprehensive report on experience with
the implementation 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 disbursements 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 compensation established by this
chapter;
(F) the impact of the taxes imposed by subchapter II (!1) of
this chapter on the Nation's balance of trade with other
countries;
(G) an assessment of the feasibility and desirability of a
schedule of taxes which would take into account one or more of
the following: the likelihood of a release of a hazardous
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, incineration,
and neutralization of hazardous wastes, and disincentives to
improper or illegal handling or disposal of hazardous materials,
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 addressed by this chapter.
In preparing the report, the President shall consult with
appropriate Federal, State, and local agencies, affected
industries and claimants, and such other interested parties as he
may find useful. Based upon the analyses and consultation
required by this subsection, the President shall also include in
the report any recommendations for legislative changes he may
deem necessary for the better effectuation of the purposes of
this chapter, including but not limited to recommendations
concerning authorization levels, taxes, State participation,
liability and liability limits, and financial responsibility
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-derived 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 designated 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,
recommend 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 subsection
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 revenue raised, in relation to estimated future
requirements, of the Post-closure Liability Trust Fund.
(b) Private insurance protection
The President shall conduct a study to determine (1) whether
adequate private insurance protection is available on reasonable
terms and conditions to the owners and operators of vessels and
facilities subject to liability under section 9607 of this title,
and (2) whether the market for such insurance is sufficiently
competitive to assure purchasers of features such as a reasonable
range of deductibles, coinsurance provisions, and exclusions. The
President shall submit the results of his study, together with his
recommendations, within two years of December 11, 1980, and shall
submit an interim report on his study within one year of December
11, 1980.
(c) Regulations respecting assessment of damages to natural
resources
(1) The President, acting through Federal officials designated by
the National Contingency Plan published under section 9605 of this
title, shall study and, not later than two years after December 11,
1980, shall promulgate regulations for the assessment of damages
for injury to, destruction of, or loss of natural resources
resulting from a release of oil or a hazardous substance for the
purposes of this chapter and section 1321(f)(4) and (5) of title
33. Notwithstanding the failure of the President to promulgate the
regulations required under this subsection on the required date,
the President shall promulgate such regulations not later than 6
months after October 17, 1986.
(2) Such regulations shall specify (A) standard procedures for
simplified assessments requiring minimal field observation,
including establishing measures of damages based on units of
discharge or release or units of affected area, and (B) alternative
protocols for conducting assessments in individual cases to
determine the type and extent of short- and long-term injury,
destruction, or loss. Such regulations shall identify the best
available procedures to determine such damages, including both
direct and indirect injury, destruction, or loss and shall take
into consideration factors including, but not limited to,
replacement value, use value, and ability of the ecosystem or
resource to recover.
(3) Such regulations shall be reviewed and revised as appropriate
every two years.
(d) Issues, alternatives, and policy considerations involving
selection of locations for waste treatment, storage, and disposal
facilities
The Administrator of the Environmental Protection Agency shall,
in consultation with other Federal agencies and appropriate
representatives of State and local governments and nongovernmental
agencies, conduct a study and report to the Congress within two
years of December 11, 1980, on the issues, alternatives, and policy
considerations involved in the selection of locations for hazardous
waste treatment, storage, and disposal facilities. This study shall
include -
(A) an assessment of current and projected treatment, storage,
and disposal capacity needs and shortfalls for hazardous waste by
management category on a State-by-State basis;
(B) an evaluation of the appropriateness of a regional approach
to siting and designing hazardous waste management facilities and
the identification of hazardous waste management regions,
interstate or intrastate, or both, with similar hazardous waste
management needs;
(C) solicitation and analysis of proposals for the construction
and operation of hazardous waste management facilities by
nongovernmental entities, except that no proposal solicited under
terms of this subsection shall be analyzed if it involves cost to
the United States Government or fails to comply with the
requirements of subtitle C of the Solid Waste Disposal Act [42
U.S.C. 6921 et seq.] and other applicable provisions of law;
(D) recommendations on the appropriate balance between public
and private sector involvement in the siting, design, and
operation of new hazardous waste management facilities;
(E) documentation of the major reasons for public opposition to
new hazardous waste management facilities; and
(F) an evaluation of the various options for overcoming
obstacles to siting new facilities, including needed legislation
for implementing the most suitable option or options.
(e) Adequacy of existing common law and statutory remedies
(1) In order to determine the adequacy of existing common law and
statutory remedies in providing legal redress for harm to man and
the environment caused by the release of hazardous substances into
the environment, there shall be submitted to the Congress a study
within twelve months of December 11, 1980.
(2) This study shall be conducted with the assistance of the
American Bar Association, the American Law Institute, the
Association of American Trial Lawyers, and the National Association
of State Attorneys General with the President of each entity
selecting three members from each organization to conduct the
study. The study chairman and one reporter shall be elected from
among the twelve members of the study group.
(3) As part of their review of the adequacy of existing common
law and statutory remedies, the study group shall evaluate the
following:
(A) the nature, adequacy, and availability of existing remedies
under present law in compensating for harm to man from the
release of hazardous substances;
(B) the nature of barriers to recovery (particularly with
respect to burdens of going forward and of proof and relevancy)
and the role such barriers play in the legal system;
(C) the scope of the evidentiary burdens placed on the
plaintiff in proving harm from the release of hazardous
substances, particularly in light of the scientific uncertainty
over causation with respect to -
(i) carcinogens, mutagens, and teratogens, and
(ii) the human health effects of exposure to low doses of
hazardous substances over long periods of time;
(D) the nature and adequacy of existing remedies under present
law in providing compensation for damages to natural resources
from the release of hazardous substances;
(E) the scope of liability under existing law and the
consequences, particularly with respect to obtaining insurance,
of any changes in such liability;
(F) barriers to recovery posed by existing statutes of
limitations.
(4) The report shall be submitted to the Congress with
appropriate recommendations. Such recommendations shall explicitly
address -
(A) the need for revisions in existing statutory or common law,
and
(B) whether such revisions should take the form of Federal
statutes or the development of a model code which is recommended
for adoption by the States.
(5) The Fund shall pay administrative expenses incurred for the
study. No expenses shall be available to pay compensation, except
expenses on a per diem basis for the one reporter, but in no case
shall the total expenses of the study exceed $300,000.
(f) Modification of national contingency plan
The President, acting through the Administrator of the
Environmental Protection Agency, the Secretary of Transportation,
the Administrator of the Occupational Safety and Health
Administration, and the Director of the National Institute for
Occupational Safety and Health shall study and, not later than two
years after December 11, 1980, shall modify the national
contingency plan to provide for the protection of the health and
safety of employees involved in response actions.
(g) Insurability study
(1) Study by Comptroller General
The Comptroller General of the United States, in consultation
with the persons described in paragraph (2), shall undertake a
study to determine the insurability, and effects on the standard
of care, of the liability of each of the following:
(A) Persons who generate hazardous substances: liability for
costs and damages under this chapter.
(B) Persons who own or operate facilities: liability for
costs and damages under this chapter.
(C) Persons liable for injury to persons or property caused
by the release of hazardous substances into the environment.
(2) Consultation
In conducting the study under this subsection, the Comptroller
General shall consult with the following:
(A) Representatives of the Administrator.
(B) Representatives of persons described in subparagraphs (A)
through (C) of the preceding paragraph.
(C) Representatives (i) of groups or organizations comprised
generally of persons adversely affected by releases or
threatened releases of hazardous substances and (ii) of groups
organized for protecting the interests of consumers.
(D) Representatives of property and casualty insurers.
(E) Representatives of reinsurers.
(F) Persons responsible for the regulation of insurance at
the State level.
(3) Items evaluated
The study under this section shall include, among other
matters, an evaluation of the following:
(A) Current economic conditions in, and the future outlook
for, the commercial market for insurance and reinsurance.
(B) Current trends in statutory and common law remedies.
(C) The impact of possible changes in traditional standards
of liability, proof, evidence, and damages on existing
statutory and common law remedies.
(D) The effect of the standard of liability and extent of the
persons upon whom it is imposed under this chapter on the
protection of human health and the environment and on the
availability, underwriting, and pricing of insurance coverage.
(E) Current trends, if any, in the judicial interpretation
and construction of applicable insurance contracts, together
with the degree to which amendments in the language of such
contracts and the description of the risks assumed, could
affect such trends.
(F) The frequency and severity of a representative sample of
claims closed during the calendar year immediately preceding
October 17, 1986.
(G) Impediments to the acquisition of insurance or other
means of obtaining liability coverage other than those referred
to in the preceding subparagraphs.
(H) The effects of the standards of liability and financial
responsibility requirements imposed pursuant to this chapter on
the cost of, and incentives for, developing and demonstrating
alternative and innovative treatment technologies, as well as
waste generation minimization.
(4) Submission
The Comptroller General shall submit a report on the results of
the study to Congress with appropriate recommendations within 12
months after October 17, 1986.