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Bill
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CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act

H.R. 4087 · 116th Congress · Jul 26, 2019 · Lineage

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include certain landlocked releases of petroleum, and for other purposes.

Section 1 Short title

This Act may be cited as the “CERCLA Liability Expansion and Accountability for Negligent and Unjust Pollution Act” or the “CLEANUP Act”.

Sec. 2 Coverage of landlocked releases of petroleum

(a)
Hazardous substances defined— Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) is amended—
(1)
by striking “and (F)” and inserting “(F)”;
(2)
by inserting “, and (G) petroleum products” after “Toxic Substances Control Act”; and
(3)
by striking “petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include”.
(b)
Release defined— Section 101(22) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(22)) is amended by striking “and (D) the normal application of fertilizer” and inserting “(D) the normal application of fertilizer, and (E) the release of a petroleum product if liability for such release is established by any other Federal law”.
(c)
Definition of petroleum product— Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following:

“(42) Petroleum product—The term “petroleum product” means petroleum or oil of any kind, in any form, or any fraction thereof, including fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.”

(d)
Conforming amendment— Section 101(39)(D)(ii)(II)(aa) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)(aa)) is amended by striking “excluded from the definition of “hazardous substance” under section 101”.