[CPEO-MEF] Hunter Proposes CERCLA Amendment

[CPEO Moderator <cpeo@cpeo.org>]

[Congressman Hunter submitted the following amendment to the Rules 
Committee yesterday.  Rules will determine whether or not to rule the 
amendment in order which will decide whether or not the amendment will 
be introduced on the House floor later this week. --Aimee]

HUNTER CERCLA AMENDMENT

AMENDMENT TO HR 4546, AS REPORTED
OFFERED BY MR. HUNTER OF CALIFORNIA

At the end of subtitle b title III(page 56 after line 2), insert the 
following new section:

SEC 314. DEFINITION OF RELEASE UNDER COMPREHENSIVE ENVIRONMENTAL 
RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980.

  Section 101(22) of the Comprehensive Environmental Response, 
Compensation, And Liability Act of 1980 (42 USC. 9601 (22)) is amended-
  (1) by redesignating subparagraphs (A), (B), (C), and (D) as clauses 
(i), (ii), (iii), and (iv), respectively;
  (2) by inserting "A" after "(22)";
  (3) by striking "contaminant)" and increasing "contaminant and 
including the deposit off an operational military range, or the 
migration off an operational military range, of any explosives, 
unexploded ordnance, munitions, munitions fragments, or constituents 
thereof)'; and
   (4) by adding at the end the following new subparagraph:
'(B) The term 'release' does not include the deposit or presence on an 
operational military range of any explosives, unexploded ordnance, 
munitions, munitions fragments, or constituents thereof that are or have 
been deposited thereon incident to their normal and expected use, except 
that nothing in this subparagraph affects-
"(i) the authority of the President under section 106 (a) to address an 
imminent and substantial endangerment to the public health or welfare or 
the environment, including orders to test and monitor; and
"(ii) the authority of the Secretary of Defense to protect the 
environment, safety and health on operational ranges of the Department 
of Defense.". 

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