Comprehensive Oil and Hazardous Substances Pollution Liability and Compensation Act

Comprehensive Oil and Hazardous Substances Pollution Liability and Compensation Act - Title I: Oil Pollution Liability, Compensation, and Fund - Declares that there is in the Treasury of the United States a fund known as the Comprehensive Oil Pollution Liability Trust Fund established in title V of this Act. Provides that, in addition to the processing and settlement of claims, the fund is immediately available to pay specified removal costs arising out of or directly resulting from an oil pollution incident. Authorizes the Secretary of Transportation to issue regulations designating the person or persons who may obligate available money in the fund for such purposes.

Permits claims for damages for economic loss, incurred 180 days or more after the effective date of this Act, to be asserted for: (1) removal costs; (2) injury to, or destruction of, real or personal property; (3) injury to, or destruction of, natural resources; and (4) loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources to the extent the such damages were sustained during the two-year period beginning on the date the claimant first suffered such loss. Specifies the potential claimants who have standing to assert claims involving each such type of damage.

Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil.

Requires owners or operators of vessels over 300 tons (including foreign vessels) and owners or operators of offshore facilities to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Permits any owner or operator of more than one vessel or offshore facility to establish financial responsibility only to meet the maximum liability of the largest of such vessels or facilities, as the case may be. Provides for the enforcement of such financial responsibility requirements.

Provides that where an offshore facility is owned or operated by more than one person, evidence of financial responsibility may be established by any one of the owners or operators or in consolidated form. Requires owners or operators of each tank motor vehicle operated on highways and transporting oil in bulk, with a water capacity more than 3,500 gallons, to establish and maintain, in accordance with regulations issued by the Secretary, evidence of financial responsibility in such amounts as the Secretary shall establish, up to $2,000,000.

Specifies procedures whereby the Secretary shall designate and advertise pollution sources.

Directs the Secretary to advertise claims to be presented initially to the owner or operator, or to such person's guarantor, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source.

Permits claimants to either present a claim to the fund or to bring an action in an appropriate United States court if liability is denied or the claim is not settled within a specified period.

Sets forth procedures for the disposition and appeal of claims submitted to the fund.

Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions.

Subrogates any person or government entity, including the fund, paying compensation, to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in action brought by the fund against owners, operators, or guarantors of alleged pollution sources.

Grants U.S. district courts exclusive original jurisdiction over all controversies arising under this title, without regard to the citizenship of the parties or the amount in controversy.

Declares that the rights and remedies under this Act shall be exclusive with respect to economic loss caused by oil pollution (but does not preclude State imposition of taxes or fees to finance the purchase and prepositioning of oil pollution cleanup and removal equipment).

Sets penalties for persons failing to comply with specified provisions in this Act.

Authorizes appropriations for fiscal years 1980 and thereafter to carry out the provisions of this title.

Directs the Secretary to submit an annual report to Congress on the administration of this title, with recommendations for legislative changes to improve such administration.

Title II: Effective Dates; Savings Provision; Conforming Amendments - Specifies the effective dates of specified provisions of this Act. Amends specified laws, including the Deepwater Port Act of 1974, the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the provisions of this Act.

Amends the Federal Water Pollution Control Act to provide that the Secretary of the Army shall take any determination with respect to specified provisions apply to certain navigable waters.

Repeals title III (Offshore Oil Spill Pollution Fund) of the Outer Continental Shelf Lands Act Amendments of 1978 and provides for the transfer of such Fund's assets and liabilities to the Comprehensive Fund established by title V of this Act.

Prohibits the obligation or other expenditure of any monies in the Fund for any of the administrative expenses of the Environmental Protection Agency.

Title III: Hazardous Substance Liability, Compensation, and Fund - Amends title III of the Federal Water Pollution Control Act to redefine terms to conform with title I of this Act. Defines "supplier" with respect to provisions of such Act relating to the collection of fees from which the hazardous chemicals fund established under this title is constituted.

Amends such Act to provide that claims of damages for economic losses, incurred on or after the effective date of this Act, and arising out of or directly resulting from the discharge of oil (other than petroleum, crude oil, or any fraction or residue therefrom), or hazardous substances may be asserted for: (1) removal costs; (2) injury to, or destruction of, real or personal property; (3) injury to, or destruction of, natural resources; and (4) loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources (utilized by the claimant for activities from which 25 percent of income is derived), to the extent that such damages were sustained during the two-year period beginning on the date the claimant first suffered such loss.

Permits a foreign claimant to assert such claims to the same extent as a U.S. claimant if: (1) the discharge occurs in the navigable waters, the territorial sea, or the adjacent shoreline of a foreign country of which the claimant is a resident; (2) the claimant is not otherwise compensated; (3) the substance was discharged from a vessel located adjacent to or within the navigable waters or discharged in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act; and (4) the foreign country provides a comparable remedy for U.S. claimants, or recovery is authorized by a treaty or executive government between the United States and the foreign country involved.

Makes jointly, severally, and strictly liabile for all damages for which such claims may be asserted the owner and operator of a vessel, other than a public vessel, or a facility which is the source of a discharge of oil (other than petroleum, crude oil, or any fraction or residue therefrom) or a hazardous substance, or poses a threat of such a discharge in circumstances that justify the incurrence of removal costs. Limits the amount of such liability to: (1) $150 per gross ton, for a vessel other than a ship or an inland oil barge; (2) the greater of $150,000 or $150 per gross ton, for an inland oil barge; (3) the greater of $250,000 or $300 per gross ton (up to a maximum of $30,000,000), for a ship; (4) $50,000,000 for a deepwater port subject to the Deepwater Port Act of 1974 (including the liability of the owner or operator of such port for a discharge from a ship moored there); (5) the total of removal costs plus $50,000,000 (reduced to no less than $35,000,000 plus removal costs if the Secretary of Transportation determines that the higher limitation would have a significant adverse effect on small businesses or a significant anticompetitive impact), for an offshore facility operated under the authority of the Outer Continental Shelf Lands Act; or (6) $50,000,000 or a lesser limit established by the Secretary by regulation, taking into account the size, type, location, storage and landing capacity of a facility, for facilities other than deep water parts or offshore facilities subject to such Acts. Requires that such limits be comparable to those for ships, but that the limitation for any tank motor vehicle operated on highways transporting such substances, in bulk, with a water capacity of more than 3,500 gallons be not less than $5,000,000 in any case. Sets forth circumstances in which there is no such liability, or reduced liability.

Provides that the Hazardous Substances Pollution Liability Trust Fund established under title V of this Act is liable without limitation for all damages for which a claim may be asserted under such title to the extent that the loss is not otherwise compensated. Sets forth circumstances in which such fund is not liable or is liable only for removal costs.

Provides that no indemnification, hold harmless, or similar agreement shall be effective to transfer from the owner or operator of a facility to any other person the liability imposed under this title.

Provides that no action, except those provided by this title, may be brought in any Federal, State, or local court for damages for an economic loss described in this title for which a claim may be asserted under this title. Provides that no person may be required to contribute to any fund, the purpose of which is to compensate for a loss which is compensable under title V of this Act or to establish or maintain evidence of financial responsibility relating to the satisfaction of a claim for such a loss. Declares that such restrictions shall not: (1) preclude a State from imposing a tax or fee upon any person or the specified oil or hazardous substances to finance purchase and prepositioning of such specified substances, pollution cleanup and removal equipment; nor (2) prohibit an action by such Fund to recover compensation paid under this title.

Directs the Administrator, upon receiving information of a discharge in violation of this title, to designate, where possible, the source of the discharge and notify the owners, operators, and guarantors, who are then required to advertise the designation and the procedures by which claims may be presented to them. Directs the Administrator to so advertise, if such parties fail to do so, at their expense. Directs the Administrator to advertise or otherwise notify potential claimants of procedures by which claims may be presented to such Fund in cases where: (1) owner, operator, and guarantor all deny a designation within five days after notification; (2) the source of the pollution was a public vessel; or (3) the Administrator is unable to designate the source or sources.

Permits claimants, if liability is denied or the claim is not settled within 60 days, to elect irrevocably to commence an action in court or to present the claim to such Fund.

Allows specified claims for uncompensated damages to be presented to such Fund. Permits claimants when a claim is presented to such Fund and such Fund denies liability or does not settle the claim within 60 days, to elect irrevocably to submit the dispute to the Administrator or to commence a court action. Directs the Administrator to utilize the services of private insurance and claims adjusting organizations or State agencies, where adequate, in processing claims against the fund. Limits the period for presentation of claims to within three years from the date of discovery of the economic loss or within six years of the date of the discharge, whichever is earlier.

Provides that any person or governmental entity, including such Fund, compensating any claimant for an economic loss shall be subrogated to all rights, claims, and cause of action such claimant commence an action on behalf of such Fund for compensation paid by such Fund to any claimant.

Prohibits any part of monies in such fund to be obligated or otherwise expended for any of the administrative expenses of the EPA.

Declares that nothing in this Act or the amendments made by this Act shall be construed to authorize any Federal officer, employee, department, agency, or instrumentality to prohibit, control, or otherwise regulate the use of any groundwaters.

Title IV - Sets forth procedures for Congressional oversight of rules or regulations promulgated or repromulgated under authority of this Act.

Title V: Environmental Revenue Act of 1980 - Environmental Revenue Act of 1980 - Amends the Internal Revenue Code of 1954 to provide for environmental excise taxes on petroleum and certain chemicals.

Imposes an excise tax (the "petroleum tax"), for fiscal years 1981 through 1985, of 1.3 cents a barrel on: (1) crude oil received at a U.S. refinery, to be paid by the operator; (2) petroleum products entered into the United States for consumption, use, or warehousing, to be paid by the person entering such product; and (3) any domestic crude oil used in or exported from the United States which has not been taxed under (1), to be paid by the person using or exporting such crude oil. Exempts from such tax domestic crude oil used, on the premises where it was produced, for extracting oil or natural gas.

Defines "crude oil" to include crude oil condensates and natural gasoline. Defines "petroleum product" to include crude oil. Defines "United States" to include: (1) the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; (2) the Outer Continental Shelf; and (3) foreign trade zones of the United States.

Provides that only one such petroleum tax shall be imposed on any petroleum product.

Imposes an excise tax on certain chemicals, for fiscal years 1981 through 1985, of $1.18 a ton on specified petrochemical feedstocks and 31 cents a ton on specified inorganic substances, when sold or used by the manufacturer, producer, or importer thereof. Provides for a refund or credit if a taxable chemical was used in the manufacture of production of any other taxable chemical.

Provides that any substance listed as a "specified petrochemical feedstock" for which a principal use is used as a fuel shall be treated as a "specified petrochemical feedstock" only if it is used other than as a fuel (and, for purposes of the excise tax on certain chemicals, the person so using it shall be treated as the manufacturer thereof).

Establishes the Comprehensive Oil Pollution Liability Trust Fund in the Treasury of the United States. Transfers to such fund amounts determined by the Secretary of the Treasury to be equivalent to: (1) the amounts received in the Treasury under the petroleum excise tax under the Internal Revenue Code of 1954, as amended by this title; (2) the amounts recovered or collected on behalf of such fund under title I of this Act; and (3) any penalties imposed under title I of this Act or under oil and hazardous substances liability provisions of the Federal Water Pollution Control Act which relate to petroleum oils. Makes amounts in such fund available only to pay claims for compensable damages recognizable under title I of this Act (including costs incurred by the United States by reason of such claims).

Establishes the Hazardous Substance Pollution Liability Trust Fund in the Treasury of the United States. Transfers to such fund amounts determined by the Secretary to be equivalent to: (1) the amounts received in the Treasury under the chemical excise tax of the Internal Revenue Code of 1954, as amended by this title; (2) the amounts recovered or collected on behalf of such fund under oil and hazardous substances liability provisions of the Federal Water Pollution Control Act; and (3) any penalties imposed under such provisions of such Act insofar as these relate to substances other than petroleum oils. Makes amounts in such fund available only to pay claims for compensable damages recognizable under such provisions of such Act (including costs incurred by the United States by reason of such claims).

Defines "compensable damages" as damages asserted for: (1) removal costs; (2) injury to, or destruction of, real or personal property; (3) injury to, or destruction of, natural resources; and (4) loss of profits or impairment of earning capacity due to injury to, or destruction of, real or personal property or natural resources, but only (a) if gross income from activity which utilize such property or natural resource for the taxable year during which such loss first occurs is more than 25 percent of total gross income from all sources for specified periods and (b) to the extent that such damages were sustained during the two-year period beginning on the day when such loss of opportunity was first suffered.

Restricts interest payable out of both such trust funds. Provides for certain interfund loans, under specified conditions, including the maintenance of a minimum balance of $30,000,000 in the lending fund. Directs the Secretary of the Treasury to consult with the Secretary of Transportation, in the case of the Oil Pollution Trust Fund, and with the Administrator of the Environmental Protection Agency, in the case of the Hazardous Substance Trust Fund, concerning such interfund loans.

Limits payment of claims by such funds by requiring a minimum balance of $30,000,000 in each fund, with claims to be paid in the order in which they were finally determined.

Limits U.S. liability for payment of claims under this Act to the amounts in the trust funds established under this title. Prohibits such trust funds from borrowing any money from the general fund of the Treasury, other than a first year authorization of appropriations to each trust fund, as repayable advances, of necessary sums up to $75,000,000 for each, until September 30, 1981.

Sets forth administrative provisions for such trust funds, including method of transfer, management, and investment.

Coordinates this title with other provisions in this Act. Provides that nothing in this Act other than this title shall authorize: (1) the establishment of any fund; (2) the payment out of any Trust Fund created by this title; (3) the levy or collection of any fee; or (4) the imposition of any requirement with respect to the procedure applicable to rules and regulations prescribed under this title.

Provides that, to the extent not inconsistent with this title: (1) any reference in titles I and II of this Act to a fund shall be deemed to refer to the Comprehensive Oil Pollution Liability Trust Fund established by this title; and (2) any reference in title III of this Act to a fund shall be deemed to refer to the Hazardous Substance Pollution Liability Trust Fund established by this title.

Provides that, if the balance in any fund is to be transferred to any Trust Fund established by this title, then any claim arising before October 1, 1980, which would have been payable out of the other fund shall be payable out of such Trust Fund.

Provides that if the Secretary of the Treasury determines that there is: (1) a Trans-Alaska Pipeline (TAP) Liability Fund surplus, then the amount of such surplus shall be treated as an advance payment of the petroleum excise tax on crude oil first transported through the TAP after the date of such determination; or (2) a TAP fund deficit, then the petroleum excise tax on such crude oil shall be increased by two cents per barrel until the total amount of such increased tax equals such deficit. Bases such TAP fund surplus or deficit on whether the amount transferred to the Comprehensive Oil Pollution Liability Trust Fund from the TAP Liability Fund is greater or lesser than the total amount of claims which the Secretary of the Interior certifies as outstanding against the TAP Liability Fund at the time of such transfer.

Directs the Secretary of the Treasury, in consultation with the Secretary of Transportation, the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and the United States Trade Representative, to conduct a study: (1) on the feasibility of (a) taxes based on the frequency of hazardous substances pollution and on the resulting degree of harm to the environment and (b) adjustments in the amount of taxes on different modes of transportation to reflect different risks of pollution; (2) on an exemption from the chemical excise taxes for feedstocks when used as a fuel; and (3) on the impact of the petroleum and chemical excise taxes on the U.S. balance of trade. Directs the Secretary of the Treasury to submit a report on the results of such study, with recommendations, to the Congress by January 1, 1985.