CLEANUP Act

I 116TH CONGRESS 1ST SESSION H. R. 4087 To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include certain landlocked releases of petroleum, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 26, 2019 Mr. BLUMENAUER (for himself, Ms. SEWELL of Alabama, Mr. CONNOLLY, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Com- mittee on Transportation and Infrastructure, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980 to include certain landlocked releases of petroleum, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘CERCLA Liability Ex- 4 pansion and Accountability for Negligent and Unjust Pol- 5 lution Act’’ or the ‘‘CLEANUP Act’’. 6 VerDate Sep 11 2014 21:57 Aug 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4087.IH H4087 kjohnson on DSK79L0C42 with BILLS 2 •HR 4087 IH SEC. 2. COVERAGE OF LANDLOCKED RELEASES OF PETRO- 1 LEUM. 2 (a) HAZARDOUS SUBSTANCES DEFINED.—Section 3 101(14) of the Comprehensive Environmental Response, 4 Compensation, and Liability Act of 1980 (42 U.S.C. 5 9601(14)) is amended— 6 (1) by striking ‘‘and (F)’’ and inserting ‘‘(F)’’; 7 (2) by inserting ‘‘, and (G) petroleum products’’ 8 after ‘‘Toxic Substances Control Act’’; and 9 (3) by striking ‘‘petroleum, including crude oil 10 or any fraction thereof which is not otherwise spe- 11 cifically listed or designated as a hazardous sub- 12 stance under subparagraphs (A) through (F) of this 13 paragraph, and the term does not include’’. 14 (b) RELEASE DEFINED.—Section 101(22) of the 15 Comprehensive Environmental Response, Compensation, 16 and Liability Act of 1980 (42 U.S.C. 9601(22)) is amend- 17 ed by striking ‘‘and (D) the normal application of fer- 18 tilizer’’ and inserting ‘‘(D) the normal application of fer- 19 tilizer, and (E) the release of a petroleum product if liabil- 20 ity for such release is established by any other Federal 21 law’’. 22 (c) DEFINITION OF PETROLEUM PRODUCT.—Section 23 101 of the Comprehensive Environmental Response, Com- 24 pensation, and Liability Act of 1980 (42 U.S.C. 9601) is 25 amended by adding at the end the following: 26 VerDate Sep 11 2014 21:57 Aug 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4087.IH H4087 kjohnson on DSK79L0C42 with BILLS 3 •HR 4087 IH ‘‘(42) PETROLEUM PRODUCT.—The term ‘pe- 1 troleum product’ means petroleum or oil of any kind, 2 in any form, or any fraction thereof, including fuel 3 oil, sludge, oil refuse, and oil mixed with wastes 4 other than dredged spoil.’’. 5 (d) CONFORMING AMENDMENT.—Section 6 101(39)(D)(ii)(II)(aa) of the Comprehensive Environ- 7 mental Response, Compensation, and Liability Act of 8 1980 (42 U.S.C. 9601(39)(D)(ii)(II)(aa)) is amended by 9 striking ‘‘excluded from the definition of ‘hazardous sub- 10 stance’ under section 101’’. 11 Æ VerDate Sep 11 2014 21:57 Aug 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4087.IH H4087 kjohnson on DSK79L0C42 with BILLS