HR 1005 IHCommentsClose CommentsPermalink

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to improve public notification and community relations concerning actions for the removal of environmental hazards.CommentsClose CommentsPermalink

February 11, 2009CommentsClose CommentsPermalink

Mr. SMITH of New Jersey 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 concernedCommentsClose CommentsPermalink

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to improve public notification and community relations concerning actions for the removal of environmental hazards.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Public Notification of Environmental Hazards Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. REQUIREMENT FOR PUBLIC NOTICE OF REMOVAL OF ENVIRONMENTAL HAZARDS.

Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 129. REQUIREMENT FOR PUBLIC NOTICE OF REMOVAL OF ENVIRONMENTAL HAZARDS.

‘(a) Revision of National Contingency Plan- Not later than 12 months after the date of enactment of this section, the President shall revise the national contingency plan in accordance with the requirements of this section to provide for improved public notification and community relations in the case of a response action.CommentsClose CommentsPermalink





‘(b) Requirements for All Response Actions-CommentsClose CommentsPermalink





‘(1) APPLICABILITY- The head of the lead agency for a response action shall take the actions specified in this subsection for each response action conducted by the lead agency.CommentsClose CommentsPermalink





‘(2) DESIGNATION OF SPOKESPERSON; PRESS RELEASES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall designate a spokesperson for the response action.CommentsClose CommentsPermalink





‘(B) DUTIES- The spokesperson shall--CommentsClose CommentsPermalink





‘(i) provide notice of the response action to--CommentsClose CommentsPermalink





‘(I) civil defense and emergency management agencies, as the head of the lead agency determines appropriate;CommentsClose CommentsPermalink





‘(II) immediately affected residents;CommentsClose CommentsPermalink





‘(III) other members of the community surrounding the response site; andCommentsClose CommentsPermalink





‘(IV) State and local officials;CommentsClose CommentsPermalink





‘(ii) respond to inquiries from the public concerning the response action; andCommentsClose CommentsPermalink





‘(iii) provide information to the public concerning the release resulting in the response action.CommentsClose CommentsPermalink





‘(C) PRESS RELEASE- The head of the lead agency shall--CommentsClose CommentsPermalink





‘(i) issue a press release containing information about the response action not later than 10 days after the President determines that the response action is appropriate; andCommentsClose CommentsPermalink





‘(ii) ensure the coordination of all press releases and other statements made by agencies participating in the response action with the on-scene coordinator or remedial project manager appointed for the response action under the national contingency plan.CommentsClose CommentsPermalink





‘(3) ESTABLISHMENT OF PUBLIC INFORMATION OFFICE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall establish a public information office for the response action.CommentsClose CommentsPermalink





‘(B) LOCATION- The public information office shall be located at or near the response site and may be housed in a trailer or other facility.CommentsClose CommentsPermalink





‘(C) STAFFING- The public information office shall be staffed by individuals selected by the head of the agency.CommentsClose CommentsPermalink





‘(D) DUTIES- Individuals staffing the public information office shall--CommentsClose CommentsPermalink





‘(i) provide information to the public on the actions taken with regard to the response action;CommentsClose CommentsPermalink





‘(ii) respond to inquiries from the public concerning the response action; andCommentsClose CommentsPermalink





‘(iii) provide information to the public concerning the release resulting in the response action.CommentsClose CommentsPermalink





‘(E) DEADLINE- The head of the lead agency shall establish the public information office not later than the date of initiation of on-site activities for the response action. The public information office shall remain available to the public for the duration of the response action.CommentsClose CommentsPermalink





‘(4) INFORMATION REPOSITORY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall establish, at or near the response site, at least one local information repository that contains items made available for public information.CommentsClose CommentsPermalink





‘(B) PUBLIC NOTICE- The head of the lead agency shall inform the public of the establishment of the information repository.CommentsClose CommentsPermalink





‘(C) PUBLIC ACCESS- The head of the lead agency shall ensure that all items in the information repository are available for public inspection and copying.CommentsClose CommentsPermalink





‘(D) DEADLINE- The head of the lead agency shall complete all actions required by this paragraph on or before the last day of the 60-day period beginning on the date of initiation of on-site activities for the response action.CommentsClose CommentsPermalink





‘(5) ADMINISTRATIVE RECORD FILE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall make available for public inspection the administrative record file for the response action.CommentsClose CommentsPermalink





‘(B) PUBLIC NOTICE- The head of the lead agency shall publish a prominent notice of availability of the administrative record file for public inspection and comment in a newspaper of general circulation in the area including the response site. The notice shall also include the following:CommentsClose CommentsPermalink





‘(i) Information about the response site, including the location of the site and the hazardous substance present at the site.CommentsClose CommentsPermalink





‘(ii) The location of the information repository established under paragraph (4) and the hours that the repository is open to the public.CommentsClose CommentsPermalink





‘(iii) The time, date, and location of the next scheduled public meeting to be conducted under paragraph (7).CommentsClose CommentsPermalink





‘(iv) The dates of the public comment period established under paragraph (6).CommentsClose CommentsPermalink





‘(v) The name of the agency contact to whom individuals may submit written comments concerning the response action.CommentsClose CommentsPermalink





‘(C) LOCATION- The head of the lead agency shall place the administrative record file in at least one of the information repositories established under paragraph (4).CommentsClose CommentsPermalink





‘(D) DEADLINE- The head of the lead agency shall publish the notice required by subparagraph (A) on or before the last day of the 60-day period beginning on the date of initiation of on-site activities for the response action.CommentsClose CommentsPermalink





‘(6) PUBLIC COMMENT PERIOD-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall provide a public comment period that allows for the submission of written and oral comments concerning the response action.CommentsClose CommentsPermalink





‘(B) RESPONSE TO COMMENTS- The head of the lead agency shall prepare a written response to significant comments submitted during the comment period.CommentsClose CommentsPermalink





‘(C) LENGTH OF PERIOD- The public comment period shall begin on the date the administrative record file is made available for public inspection and continue for at least 30 days. Upon timely request, the head of the lead agency shall extend the public comment period by a minimum of 15 days.CommentsClose CommentsPermalink





‘(7) PUBLIC MEETINGS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency for a response action shall conduct public meetings concerning the response action.CommentsClose CommentsPermalink





‘(B) LOCATION- The meetings shall be held in a location in close proximity to the response site.CommentsClose CommentsPermalink





‘(C) PUBLIC NOTICE- The head of the lead agency shall publish a prominent notice that informs the public about the public meeting. The notice shall include the following:CommentsClose CommentsPermalink





‘(i) Information about the response site, including the location of the site and the hazardous substance present at the site.CommentsClose CommentsPermalink





‘(ii) The time, date, location, and purpose of the public meeting.CommentsClose CommentsPermalink





‘(D) DEADLINE- The head of the lead agency shall--CommentsClose CommentsPermalink





‘(i) conduct an initial meeting under subparagraph (A) not later than 30 days after the President determines that the response action is appropriate; andCommentsClose CommentsPermalink





‘(ii) conduct additional meetings under subparagraph (A) quarterly throughout the duration of the response action.CommentsClose CommentsPermalink





‘(8) ESTABLISHMENT OF TOLL-FREE TELEPHONE NUMBER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency for a response action shall establish a toll-free telephone number to provide information to the public about the response action.CommentsClose CommentsPermalink





‘(B) AUTOMATION- If the provision of information through the telephone number is automated, the information shall include a telephone number for contacting a representative of the lead agency who can answer further questions about the response action.CommentsClose CommentsPermalink





‘(C) DEADLINES- The head of the lead agency shall--CommentsClose CommentsPermalink





‘(i) establish such telephone number not later than 30 days after the date on which the President determines that the response action is appropriate; andCommentsClose CommentsPermalink





‘(ii) update information provided through such telephone number at least weekly.CommentsClose CommentsPermalink





‘(9) ESTABLISHMENT OF WEB SITE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall establish a public Internet Web site (or comparable facility using a successor protocol or technology) to provide information to the public about the response action.CommentsClose CommentsPermalink





‘(B) UPDATES- The head of the lead agency shall update the information on the Web site (or comparable facility) frequently.CommentsClose CommentsPermalink





‘(C) LINK FROM EPA WEB SITE- The head of the lead agency shall ensure that a link to the Web site (or comparable facility) is provided on the public Internet Web site (or comparable facility) of the Environmental Protection Agency.CommentsClose CommentsPermalink





‘(D) DEADLINE- The head of the lead agency shall make the Web site (or comparable facility) required by subparagraph (A) available to the public not later than 30 days after the date on which the President determines that the response action is appropriate.CommentsClose CommentsPermalink





‘(10) VISITS TO RESIDENCES AND BUSINESSES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall ensure that each residence and business located within a 1/2 mile radius of the response site is visited by a representative of the lead agency.CommentsClose CommentsPermalink





‘(B) DUTIES- A representative conducting a visit under subparagraph (A) shall--CommentsClose CommentsPermalink





‘(i) provide the residence or business with information, including printed materials, on actions taken at the response site;CommentsClose CommentsPermalink





‘(ii) respond to inquiries from the residence or business concerning the response action; andCommentsClose CommentsPermalink





‘(iii) provide information to the residence or business concerning the release resulting in the response action.CommentsClose CommentsPermalink





‘(C) DEADLINES- The head of the lead agency shall ensure that--CommentsClose CommentsPermalink





‘(i) the visits required by subparagraph (A) occur not later than 30 days after the President determines that the response action is appropriate; andCommentsClose CommentsPermalink





‘(ii) such visits reoccur quarterly throughout the duration of the response action.CommentsClose CommentsPermalink





‘(11) PRINTED INFORMATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency for a response action shall mail printed materials containing information about the removal action to all residences and businesses located within a 1/2 mile radius of the response site.CommentsClose CommentsPermalink





‘(B) DEADLINES- The head of the lead agency shall--CommentsClose CommentsPermalink





‘(i) mail the materials required by subparagraph (A) not later than 30 days after the President determines that response action is appropriate; andCommentsClose CommentsPermalink





‘(ii) update and mail the materials quarterly throughout the duration of the response action.CommentsClose CommentsPermalink





‘(c) Requirement for Response Actions With Planning Periods of at Least 180 Days-CommentsClose CommentsPermalink





‘(1) APPLICABILITY- The head of the lead agency for a response action shall take the actions specified in this subsection, in addition to the actions specified in subsection (b), if the President determines, based on a site evaluation, that a response action is appropriate and the head of the lead agency determines that a planning period of at least 180 days exists prior to the date of initiation of on-site activities for the response action. If subsection (d) applies to the response action, the head of the lead agency shall also take the actions specified in that subsection.CommentsClose CommentsPermalink





‘(2) ENGINEERING EVALUATION AND COST ANALYSIS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall make the engineering evaluation and cost analysis prepared for the response action available to the public.CommentsClose CommentsPermalink





‘(B) NOTICE- The head of the lead agency shall publish a prominent notice of availability of the engineering evaluation and cost analysis in a local newspaper of general circulation in the community where the response site is located. Such notice shall contain a brief description of the contents of the engineering evaluation and cost analysis and a description of the location where the evaluation and analysis is located.CommentsClose CommentsPermalink





‘(C) DEADLINE- The head of the lead agency shall complete the actions required under subparagraphs (A) and (B) not later than the date on which an engineering evaluation and cost analysis approval memorandum for the response action is signed.CommentsClose CommentsPermalink





‘(d) Requirements for Response Actions Lasting More Than 120 Days-CommentsClose CommentsPermalink





‘(1) APPLICABILITY- The head of the lead agency for a response action shall take the actions specified in this subsection, in addition to the actions specified in subsection (b), for a response action that the head of the lead agency determines will continue after the end of the 120-day period beginning on the date of initiation of on-site activities for the response action. If subsection (c) applies to the response action, the head of the lead agency shall also take the actions specified in that subsection.CommentsClose CommentsPermalink





‘(2) INTERVIEWS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall conduct interviews with local officials, community residents, public interest groups, and other interested or affected persons, as appropriate, to solicit their concerns, information needs, and how and when such persons would like to be involved in the response action.CommentsClose CommentsPermalink





‘(B) DEADLINE- The head of the lead agency shall complete the interviews required by subparagraph (A) on or before the last day of the 90-day period beginning on the date of initiation of on-site activities for the response action.CommentsClose CommentsPermalink





‘(3) COMMUNITY RELATIONS PLAN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The head of the lead agency shall prepare a formal community relations plan based on the interviews conducted under paragraph (2) and other relevant information.CommentsClose CommentsPermalink





‘(B) CONTENTS- The community relations plan shall specify the community relations activities that the head of the lead agency expects to undertake during the response action.CommentsClose CommentsPermalink





‘(C) DEADLINE- The head of the lead agency shall develop the community relations plan on or before last day of the 120-day period beginning on the date of initiation of on-site activities for the response action.CommentsClose CommentsPermalink





‘(e) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





‘(1) ENGINEERING EVALUATION AND COST ANALYSIS- The term ‘engineering evaluation and cost analysis’ means an engineering evaluation and cost analysis required by section 300.415(a)(4)(i) of title 40, Code of Federal Regulations, as in effect on October 1, 2007.CommentsClose CommentsPermalink





‘(2) LEAD AGENCY- The term ‘lead agency’ means the agency responsible for planning and implementing a response action under the national contingency plan.CommentsClose CommentsPermalink





‘(3) SIGNIFICANT COMMENT- The term ‘significant comment’ means a public comment determined to be significant by the head of the lead agency responsible for the response action.CommentsClose CommentsPermalink





‘(4) RESPONSE ACTION- The term ‘response action’ means a response carried out under the national contingency plan, including a response as defined by section 101 of this Act and a removal as defined by section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)).CommentsClose CommentsPermalink





‘(5) RESPONSE SITE- The term ‘response site’ means the location of a response.’.CommentsClose CommentsPermalink