SUBCHAPTER II--HAZARDOUS SUBSTANCE RESPONSE REVENUE Part A--Hazardous Substance Response Trust Fund Secs. 9631 to 9633. Repealed. Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986, 100 Stat. 1774 Section 9631, Pub. L. 96-510, title II, Sec. 221, Dec. 11, 1980, 94 Stat. 2801; Pub. L. 99-499, title II, Sec. 204, Oct. 17, 1986, 100 Stat. 1696, provided for establishment of a Hazardous Substances Superfund, so redesignated by section 204 of Pub. L. 99-499. See section 9507 of Title 26, Internal Revenue Code. Section 9632, Pub. L. 96-510, title II, Sec. 222, Dec. 11, 1980, 94 Stat. 2802, limited liability of United States to amount in Trust Fund. Section 9633, Pub. L. 96-510, title II, Sec. 223, Dec. 11, 1980, 94 Stat. 2802, contained administrative provisions. Effective Date of Repeal Repeal by Pub. L. 99-499 effective Jan. 1, 1987, see section 517(e) of Pub. L. 99-499, set out as an Effective Date note under section 9507 of Title 26, Internal Revenue Code. Part B--Post-closure Liability Trust Fund Sec. 9641. Repealed. Pub. L. 99-499, title V, Sec. 514(b), Oct. 17, 1986, 100 Stat. 1767 Section, Pub. L. 96-510, title II, Sec. 232, Dec. 11, 1980, 94 Stat. 2804, provided for establishment of the Post-closure Liability Trust Fund in the Treasury of the United States. Effective Date of Repeal Section 514(c) of Pub. L. 99-499 provided that: ``(1) In general.--The amendments made by this section [repealing this section and sections 4681 and 4682 of Title 26, Internal Revenue Code] shall take effect on October 1, 1983. ``(2) Waiver of statute of limitations.--If on the date of the enactment of this Act [Oct. 17, 1986] (or at any time within 1 year after such date of enactment) refund or credit of any overpayment of tax resulting from the application of this section is barred by any law or rule of law, refund or credit of such overpayment shall, nevertheless, be made or allowed if claim therefor is filed before the date 1 year after the date of the enactment of this Act.'' SUBCHAPTER III--MISCELLANEOUS PROVISIONS Sec. 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; --------------------------------------------------------------------------- \1\ See References in Text note below. --------------------------------------------------------------------------- (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. (Pub. L. 96-510, title III, Sec. 301, Dec. 11, 1980, 94 Stat. 2805; Pub. L. 99-499, title I, Sec. 107(d)(3), title II, Secs. 208, 212, Oct. 17, 1986, 100 Stat. 1630, 1707, 1726; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.) References in Text This chapter, referred to in subsecs. (a)(1)(A), (E), (G), (c)(1), and (g), was in the original ``this Act'', meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which enacted this chapter, section 6911a of this title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, amended section 6911 of this title, section 1364 of Title 33, Navigation and Navigable Waters, and section 11901 of Title 49, Transportation, and enacted provisions set out as notes under section 6911 of this title and sections 1 and 4611 of Title 26. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. Subchapter II of this chapter, referred to in subsec. (a)(1)(F), was in the original ``title II of this Act'', meaning title II of Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Revenue Act of 1980, which enacted subchapter II of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26. Sections 221 to 223 and 232 of Pub. L. 96-510, which were classified to sections 9631 to 9633 and 9641 of this title, comprising subchapter II of this chapter, were repealed by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete classification of title II to the Code, see Short Title of 1980 Amendment note set out under section 1 of Title 26 and Tables. For effective date of this chapter, referred to in subsec. (a)(2), see section 9652 of this title. Subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid Waste Disposal Act of 1980, referred to in subsec. (a)(2), probably mean section 3001(b)(2)(B) and (3)(A) of the Solid Waste Disposal Act, as amended by the Solid Waste Disposal Act Amendments of 1980, which enacted section 6921(b)(2)(B) and (3)(A) of this title. The Solid Waste Disposal Act, referred to in subsecs. (a)(2) and (d)(C), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (Sec. 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. Codification Subsec. (h) of this section, which required the Administrator of the Environmental Protection Agency to submit an annual report to Congress of such Agency on the progress achieved in implementing this chapter during the preceding fiscal year, required the Inspector General of the Agency to review the report for reasonableness and accuracy and submit to Congress, as a part of that report, a report on the results of the review, and required the appropriate authorizing committees of Congress, after receiving those reports, to conduct oversight hearings to ensure that this chapter is being implemented according to the purposes of this chapter and congressional intent in enacting this chapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 5th item on page 164 of House Document No. 103- 7. Amendments 1986--Subsec. (a)(1)(H). Pub. L. 99-514 substituted ``Internal Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes of codification was translated as ``title 26'' thus requiring no change in text. Subsec. (c)(1). Pub. L. 99-499, Sec. 107(d)(3), inserted at end ``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.'' Subsec. (g). Pub. L. 99-499, Sec. 208, added subsec. (g). Subsec. (h). Pub. L. 99-499, Sec. 212, added subsec. (h). Section Referred to in Other Sections This section is referred to in sections 9604, 9607, 9612, 9613 of this title. Sec. 9652. Effective dates; savings provisions (a) Unless otherwise provided, all provisions of this chapter shall be effective on December 11, 1980. (b) Any regulation issued pursuant to any provisions of section 1321 of title 33 which is repealed or superseded by this chapter and which is in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder. (c) Any regulation-- (1) respecting financial responsibility, (2) issued pursuant to any provision of law repealed or superseded by this chapter, and (3) in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder. (d) Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other pollutants or contaminants. The provisions of this chapter shall not be considered, interpreted, or construed in any way as reflecting a determination, in part or whole, of policy regarding the inapplicability of strict liability, or strict liability doctrines, to activities relating to hazardous substances, pollutants, or contaminants or other such activities. (Pub. L. 96-510, title III, Sec. 302, Dec. 11, 1980, 94 Stat. 2808.) Sec. 9653. Repealed. Pub. L. 99-499, title V, Sec. 511(b), Oct. 17, 1986, 100 Stat. 1761 Section, Pub. L. 96-510, title III, Sec. 303, Dec. 11, 1980, 94 Stat. 2808, provided for termination of authority to collect taxes under this chapter. Sec. 9654. Applicability of Federal water pollution control funding, etc., provisions (a) Omitted (b) One-half of the unobligated balance remaining before December 11, 1980, under subsection (k) \1\ of section 1321 of title 33 and all sums appropriated under section 1364(b) \1\ of title 33 shall be transferred to the Fund established under subchapter II \1\ of this chapter. --------------------------------------------------------------------------- \1\ See References in Text note below. --------------------------------------------------------------------------- (c) In any case in which any provision of section 1321 of title 33 is determined to be in conflict with any provisions of this chapter, the provisions of this chapter shall apply. (Pub. L. 96-510, title III, Sec. 304, Dec. 11, 1980, 94 Stat. 2809.) References in Text Subsection (k) of section 1321 of title 33, referred to in subsec. (b), was repealed by Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18, 1990, 104 Stat. 507. Section 1364(b) of title 33, referred to in subsec. (b), was repealed by Pub. L. 96-510, title III, Sec. 304(a), Dec. 11, 1980, 94 Stat. 2809. Subchapter II of this chapter, referred to in subsec. (b), was in the original ``title II of this Act'', meaning title II of Pub. L. 96- 510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Revenue Act of 1980, which enacted subchapter II of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96-510, which were classified to sections 9631 to 9633 and 9641 of this title, comprising subchapter II of this chapter, were repealed by Pub. L. 99- 499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete classification of title II to the Code, see Short Title of 1980 Amendment note set out under section 1 of Title 26 and Tables. Codification Subsec. (a) of this section repealed section 1364(b) of Title 33, Navigation and Navigable Waters. Sec. 9655. Legislative veto of rule or regulation (a) Transmission to Congress upon promulgation or repromulgation of rule or regulation; disapproval procedures Notwithstanding any other provision of law, simultaneously with promulgation or repromulgation of any rule or regulation under authority of subchapter I of this chapter, the head of the department, agency, or instrumentality promulgating such rule or regulation shall transmit a copy thereof to the Secretary of the Senate and the Clerk of the House of Representatives. Except as provided in subsection (b) of this section, the rule or regulation shall not become effective, if-- (1) within ninety calendar days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows: ``That Congress disapproves the rule or regulation promulgated by the dealing with the matter of , which rule or regulation was transmitted to Congress on .'', the blank spaces therein being appropriately filled; or (2) within sixty calendar days of continuous session of Congress after the date of promulgation, one House of Congress adopts such a concurrent resolution and transmits such resolution to the other House, and such resolution is not disapproved by such other House within thirty calendar days of continuous session of Congress after such transmittal. (b) Approval; effective dates If, at the end of sixty calendar days of continuous session of Congress after the date of promulgation of a rule or regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the rule or regulation and neither House has adopted such a resolution, the rule or regulation may go into effect immediately. If, within such sixty calendar days, such a committee has reported or been discharged from further consideration of such a resolution, or either House has adopted such a resolution, the rule or regulation may go into effect not sooner than ninety calendar days of continuous session of Congress after such rule is prescribed unless disapproved as provided in subsection (a) of this section. (c) Sessions of Congress as applicable For purposes of subsections (a) and (b) of this section-- (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of thirty, sixty, and ninety calendar days of continuous session of Congress. (d) Congressional inaction on, or rejection of, resolution of disapproval Congressional inaction on, or rejection of, a resolution of disapproval shall not be deemed an expression of approval of such rule or regulation. (Pub. L. 96-510, title III, Sec. 305, Dec. 11, 1980, 94 Stat. 2809.) Sec. 9656. Transportation of hazardous substances; listing as hazardous material; liability for release (a) Each hazardous substance which is listed or designated as provided in section 9601(14) of this title shall, within 30 days after October 17, 1986, or at the time of such listing or designation, whichever is later, be listed and regulated as a hazardous material under chapter 51 of title 49. (b) A common or contract carrier shall be liable under other law in lieu of section 9607 of this title for damages or remedial action resulting from the release of a hazardous substance during the course of transportation which commenced prior to the effective date of the listing and regulation of such substance as a hazardous material under chapter 51 of title 49, or for substances listed pursuant to subsection (a) of this section, prior to the effective date of such listing: Provided, however, That this subsection shall not apply where such a carrier can demonstrate that he did not have actual knowledge of the identity or nature of the substance released. (Pub. L. 96-510, title III, Sec. 306(a), (b), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 99-499, title II, Sec. 202, Oct. 17, 1986, 100 Stat. 1695.) Codification In subsecs. (a) and (b), ``chapter 51 of title 49'' substituted for ``the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. Amendments 1986--Subsec. (a). Pub. L. 99-499, Sec. 202(a), substituted ``within 30 days after October 17, 1986'' for ``within ninety days after December 11, 1980'' and inserted ``and regulated'' before ``as a hazardous material''. Subsec. (b). Pub. L. 99-499, Sec. 202(b), inserted ``and regulation'' after ``prior to the effective date of the listing''. Section Referred to in Other Sections This section is referred to in title 49 section 31301. Sec. 9657. Separability; contribution If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances and the remainder of this chapter shall not be affected thereby. If an administrative settlement under section 9622 of this title has the effect of limiting any person's right to obtain contribution from any party to such settlement, and if the effect of such limitation would constitute a taking without just compensation in violation of the fifth amendment of the Constitution of the United States, such person shall not be entitled, under other laws of the United States, to recover compensation from the United States for such taking, but in any such case, such limitation on the right to obtain contribution shall be treated as having no force and effect. (Pub. L. 96-510, title III, Sec. 308, Dec. 11, 1980, 94 Stat. 2811; Pub. L. 99-499, title I, Sec. 122(b), Oct. 17, 1986, 100 Stat. 1688.) References in Text This chapter, referred to in text, was in the original ``this Act'', meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which enacted this chapter, section 6911a of this title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code, amended section 6911 of this title, section 1364 of Title 33, Navigation and Navigable Waters, and section 11901 of Title 49, Transportation, and enacted provisions set out as notes under section 6911 of this title and sections 1 and 4611 of Title 26. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. Amendments 1986--Pub. L. 99-499 inserted sentence at end relating to administrative settlements under section 9622 of this title which have effect of limiting any person's right to obtain contribution from any party to such settlement. Sec. 9658. Actions under State law for damages from exposure to hazardous substances (a) State statutes of limitations for hazardous substance cases (1) Exception to State statutes In the case of any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility, if the applicable limitations period for such action (as specified in the State statute of limitations or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall commence at the federally required commencement date in lieu of the date specified in such State statute. (2) State law generally applicable Except as provided in paragraph (1), the statute of limitations established under State law shall apply in all actions brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility. (3) Actions under section 9607 Nothing in this section shall apply with respect to any cause of action brought under section 9607 of this title. (b) Definitions As used in this section-- (1) Subchapter I terms The terms used in this section shall have the same meaning as when used in subchapter I of this chapter. (2) Applicable limitations period The term ``applicable limitations period'' means the period specified in a statute of limitations during which a civil action referred to in subsection (a)(1) of this section may be brought. (3) Commencement date The term ``commencement date'' means the date specified in a statute of limitations as the beginning of the applicable limitations period. (4) Federally required commencement date (A) In general Except as provided in subparagraph (B), the term ``federally required commencement date'' means the date the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in subsection (a)(1) of this section were caused or contributed to by the hazardous substance or pollutant or contaminant concerned. (B) Special rules In the case of a minor or incompetent plaintiff, the term ``federally required commencement date'' means the later of the date referred to in subparagraph (A) or the following: (i) In the case of a minor, the date on which the minor reaches the age of majority, as determined by State law, or has a legal representative appointed. (ii) In the case of an incompetent individual, the date on which such individual becomes competent or has had a legal representative appointed. (Pub. L. 96-510, title III, Sec. 309, as added Pub. L. 99-499, title II, Sec. 203(a), Oct. 17, 1986, 100 Stat. 1695.) Effective Date Section 203(b) of Pub. L. 99-499 provided that: ``The amendment made by subsection (a) of this section [enacting this section] shall take effect with respect to actions brought after December 11, 1980.'' Section Referred to in Other Sections This section is referred to in section 9659 of this title. Sec. 9659. Citizens suits (a) Authority to bring civil actions Except as provided in subsections (d) and (e) of this section and in section 9613(h) of this title (relating to timing of judicial review), any person may commence a civil action on his own behalf-- (1) against any person (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any standard, regulation, condition, requirement, or order which has become effective pursuant to this chapter (including any provision of an agreement under section 9620 of this title, relating to Federal facilities); or (2) against the President or any other officer of the United States (including the Administrator of the Environmental Protection Agency and the Administrator of the ATSDR) where there is alleged a failure of the President or of such other officer to perform any act or duty under this chapter, including an act or duty under section 9620 of this title (relating to Federal facilities), which is not discretionary with the President or such other officer. Paragraph (2) shall not apply to any act or duty under the provisions of section 9660 of this title (relating to research, development, and demonstration). (b) Venue (1) Actions under subsection (a)(1) Any action under subsection (a)(1) of this section shall be brought in the district court for the district in which the alleged violation occurred. (2) Actions under subsection (a)(2) Any action brought under subsection (a)(2) of this section may be brought in the United States District Court for the District of Columbia. (c) Relief The district court shall have jurisdiction in actions brought under subsection (a)(1) of this section to enforce the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 9620 of this title), to order such action as may be necessary to correct the violation, and to impose any civil penalty provided for the violation. The district court shall have jurisdiction in actions brought under subsection (a)(2) of this section to order the President or other officer to perform the act or duty concerned. (d) Rules applicable to subsection (a)(1) actions (1) Notice No action may be commenced under subsection (a)(1) of this section before 60 days after the plaintiff has given notice of the violation to each of the following: (A) The President. (B) The State in which the alleged violation occurs. (C) Any alleged violator of the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 9620 of this title). Notice under this paragraph shall be given in such manner as the President shall prescribe by regulation. (2) Diligent prosecution No action may be commenced under paragraph (1) of subsection (a) of this section if the President has commenced and is diligently prosecuting an action under this chapter, or under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] to require compliance with the standard, regulation, condition, requirement, or order concerned (including any provision of an agreement under section 9620 of this title). (e) Rules applicable to subsection (a)(2) actions No action may be commenced under paragraph (2) of subsection (a) of this section before the 60th day following the date on which the plaintiff gives notice to the Administrator or other department, agency, or instrumentality that the plaintiff will commence such action. Notice under this subsection shall be given in such manner as the President shall prescribe by regulation. (f) Costs The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or the substantially prevailing party whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (g) Intervention In any action under this section, the United States or the State, or both, if not a party may intervene as a matter of right. For other provisions regarding intervention, see section 9613 of this title. (h) Other rights This chapter does not affect or otherwise impair the rights of any person under Federal, State, or common law, except with respect to the timing of review as provided in section 9613(h) of this title or as otherwise provided in section 9658 of this title (relating to actions under State law). (i) Definitions The terms used in this section shall have the same meanings as when used in subchapter I of this chapter. (Pub. L. 96-510, title III, Sec. 310, as added Pub. L. 99-499, title II, Sec. 206, Oct. 17, 1986, 100 Stat. 1703.) References in Text The Solid Waste Disposal Act, referred to in subsec. (d)(2), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (Sec. 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Section Referred to in Other Sections This section is referred to in section 9613 of this title. Sec. 9660. Research, development, and demonstration (a) Hazardous substance research and training (1) Authorities of Secretary The Secretary of Health and Human Services (hereinafter in this subsection referred to as the Secretary), in consultation with the Administrator, shall establish and support a basic research and training program (through grants, cooperative agreements, and contracts) consisting of the following: (A) Basic research (including epidemiologic and ecologic studies) which may include each of the following: (i) Advanced techniques for the detection, assessment, and evaluation of the effects on human health of hazardous substances. (ii) Methods to assess the risks to human health presented by hazardous substances. (iii) Methods and technologies to detect hazardous substances in the environment and basic biological, chemical, and physical methods to reduce the amount and toxicity of hazardous substances. (B) Training, which may include each of the following: (i) Short courses and continuing education for State and local health and environment agency personnel and other personnel engaged in the handling of hazardous substances, in the management of facilities at which hazardous substances are located, and in the evaluation of the hazards to human health presented by such facilities. (ii) Graduate or advanced training in environmental and occupational health and safety and in the public health and engineering aspects of hazardous waste control. (iii) Graduate training in the geosciences, including hydrogeology, geological engineering, geophysics, geochemistry, and related fields necessary to meet professional personnel needs in the public and private sectors and to effectuate the purposes of this chapter. (2) Director of NIEHS The Director of the National Institute for Environmental Health Sciences shall cooperate fully with the relevant Federal agencies referred to in subparagraph (A) of paragraph (5) in carrying out the purposes of this section. (3) Recipients of grants, etc. A grant, cooperative agreement, or contract may be made or entered into under paragraph (1) with an accredited institution of higher education. The institution may carry out the research or training under the grant, cooperative agreement, or contract through contracts, including contracts with any of the following: (A) Generators of hazardous wastes. (B) Persons involved in the detection, assessment, evaluation, and treatment of hazardous substances. (C) Owners and operators of facilities at which hazardous substances are located. (D) State and local governments. (4) Procedures In making grants and entering into cooperative agreements and contracts under this subsection, the Secretary shall act through the Director of the National Institute for Environmental Health Sciences. In considering the allocation of funds for training purposes, the Director shall ensure that at least one grant, cooperative agreement, or contract shall be awarded for training described in each of clauses (i), (ii), and (iii) of paragraph (1)(B). Where applicable, the Director may choose to operate training activities in cooperation with the Director of the National Institute for Occupational Safety and Health. The procedures applicable to grants and contracts under title IV of the Public Health Service Act [42 U.S.C. 281 et seq.] shall be followed under this subsection. (5) Advisory council To assist in the implementation of this subsection and to aid in the coordination of research and demonstration and training activities funded from the Fund under this section, the Secretary shall appoint an advisory council (hereinafter in this subsection referred to as the ``Advisory Council'') which shall consist of representatives of the following: (A) The relevant Federal agencies. (B) The chemical industry. (C) The toxic waste management industry. (D) Institutions of higher education. (E) State and local health and environmental agencies. (F) The general public. (6) Planning Within nine months after October 17, 1986, the Secretary, acting through the Director of the National Institute for Environmental Health Sciences, shall issue a plan for the implementation of paragraph (1). The plan shall include priorities for actions under paragraph (1) and include research and training relevant to scientific and technological issues resulting from site specific hazardous substance response experience. The Secretary shall, to the maximum extent practicable, take appropriate steps to coordinate program activities under this plan with the activities of other Federal agencies in order to avoid duplication of effort. The plan shall be consistent with the need for the development of new technologies for meeting the goals of response actions in accordance with the provisions of this chapter. The Advisory Council shall be provided an opportunity to review and comment on the plan and priorities and assist appropriate coordination among the relevant Federal agencies referred to in subparagraph (A) of paragraph (5). (b) Alternative or innovative treatment technology research and demonstration program (1) Establishment The Administrator is authorized and directed to carry out a program of research, evaluation, testing, development, and demonstration of alternative or innovative treatment technologies (hereinafter in this subsection referred to as the ``program'') which may be utilized in response actions to achieve more permanent protection of human health and welfare and the environment. (2) Administration The program shall be administered by the Administrator, acting through an office of technology demonstration and shall be coordinated with programs carried out by the Office of Solid Waste and Emergency Response and the Office of Research and Development. (3) Contracts and grants In carrying out the program, the Administrator is authorized to enter into contracts and cooperative agreements with, and make grants to, persons, public entities, and nonprofit private entities which are exempt from tax under section 501(c)(3) of title 26. The Administrator shall, to the maximum extent possible, enter into appropriate cost sharing arrangements under this subsection. (4) Use of sites In carrying out the program, the Administrator may arrange for the use of sites at which a response may be undertaken under section 9604 of this title for the purposes of carrying out research, testing, evaluation, development, and demonstration projects. Each such project shall be carried out under such terms and conditions as the Administrator shall require to assure the protection of human health and the environment and to assure adequate control by the Administrator of the research, testing, evaluation, development, and demonstration activities at the site. (5) Demonstration assistance (A) Program components The demonstration assistance program shall include the following: (i) The publication of a solicitation and the evaluation of applications for demonstration projects utilizing alternative or innovative technologies. (ii) The selection of sites which are suitable for the testing and evaluation of innovative technologies. (iii) The development of detailed plans for innovative technology demonstration projects. (iv) The supervision of such demonstration projects and the providing of quality assurance for data obtained. (v) The evaluation of the results of alternative innovative technology demonstration projects and the determination of whether or not the technologies used are effective and feasible. (B) Solicitation Within 90 days after October 17, 1986, and no less often than once every 12 months thereafter, the Administrator shall publish a solicitation for innovative or alternative technologies at a stage of development suitable for full-scale demonstrations at sites at which a response action may be undertaken under section 9604 of this title. The purpose of any such project shall be to demonstrate the use of an alternative or innovative treatment technology with respect to hazardous substances or pollutants or contaminants which are located at the site or which are to be removed from the site. The solicitation notice shall prescribe information to be included in the application, including technical and economic data derived from the applicant's own research and development efforts, and other information sufficient to permit the Administrator to assess the technology's potential and the types of remedial action to which it may be applicable. (C) Applications Any person and any public or private nonprofit entity may submit an application to the Administrator in response to the solicitation. The application shall contain a proposed demonstration plan setting forth how and when the project is to be carried out and such other information as the Administrator may require. (D) Project selection In selecting technologies to be demonstrated, the Administrator shall fully review the applications submitted and shall consider at least the criteria specified in paragraph (7). The Administrator shall select or refuse to select a project for demonstration under this subsection within 90 days of receiving the completed application for such project. In the case of a refusal to select the project, the Administrator shall notify the applicant within such 90-day period of the reasons for his refusal. (E) Site selection The Administrator shall propose 10 sites at which a response may be undertaken under section 9604 of this title to be the location of any demonstration project under this subsection within 60 days after the close of the public comment period. After an opportunity for notice and public comment, the Administrator shall select such sites and projects. In selecting any such site, the Administrator shall take into account the applicant's technical data and preferences either for onsite operation or for utilizing the site as a source of hazardous substances or pollutants or contaminants to be treated offsite. (F) Demonstration plan Within 60 days after the selection of the site under this paragraph to be the location of a demonstration project, the Administrator shall establish a final demonstration plan for the project, based upon the demonstration plan contained in the application for the project. Such plan shall clearly set forth how and when the demonstration project will be carried out. (G) Supervision and testing Each demonstration project under this subsection shall be performed by the applicant, or by a person satisfactory to the applicant, under the supervision of the Administrator. The Administrator shall enter into a written agreement with each applicant granting the Administrator the responsibility and authority for testing procedures, quality control, monitoring, and other measurements necessary to determine and evaluate the results of the demonstration project. The Administrator may pay the costs of testing, monitoring, quality control, and other measurements required by the Administrator to determine and evaluate the results of the demonstration project, and the limitations established by subparagraph (J) shall not apply to such costs. (H) Project completion Each demonstration project under this subsection shall be completed within such time as is established in the demonstration plan. (I) Extensions The Administrator may extend any deadline established under this paragraph by mutual agreement with the applicant concerned. (J) Funding restrictions The Administrator shall not provide any Federal assistance for any part of a full-scale field demonstration project under this subsection to any applicant unless such applicant can demonstrate that it cannot obtain appropriate private financing on reasonable terms and conditions sufficient to carry out such demonstration project without such Federal assistance. The total Federal funds for any full-scale field demonstration project under this subsection shall not exceed 50 percent of the total cost of such project estimated at the time of the award of such assistance. The Administrator shall not expend more than $10,000,000 for assistance under the program in any fiscal year and shall not expend more than $3,000,000 for any single project.

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