II
113th CONGRESS
2d Session
S. 2679
IN THE SENATE OF THE UNITED STATES
July 29, 2014
Mr. Booker (for himself, Mr. Menendez, and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986 to reinstate the financing for the Hazardous Substance Superfund, and for other purposes.
Short title
This Act may be cited as the
Superfund Polluter Pays Restoration Act of 2014
.
Extension and modification of Superfund excise taxes
Extension
Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows:
Application of hazardous substance superfund financing rate
The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date that is 60 days after the date of the enactment of the Superfund Polluter Pays Restoration Act of 2014.
.
Modification of Hazardous Substance Superfund financing rate
In general
Section 4611(c)(2)(A) of such Code is
amended by striking 9.7 cents
and inserting 15.8
cents
.
Inflation adjustment
Section 4611(c) of such Code is amended by adding at the end the following new paragraph:
Adjustment for inflation
In general
In the case of any taxable year beginning after December 31, 2014, the amount under paragraph (2)(A) shall be increased by an amount equal to—
such amount, multiplied by
the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which such taxable
year begins
by substituting calendar year 2013
for calendar year
1992
in subparagraph (B) thereof.
Rounding
If any increase determined under this paragraph is not a multiple of 0.1 cents, such increase shall be rounded to the next lowest multiple of 0.1 cents.
.
Modification of rate of tax on certain chemicals
Section 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows:
Amount of tax
In general
The amount of tax imposed by subsection (a) shall be determined in accordance with the following table:
| In the case of: | The tax is the following amount per ton: |
| Acetylene | $11.00 |
| Benzene | 11.00 |
| Butane | 11.00 |
| Butylene | 11.00 |
| Butadiene | 11.00 |
| Ethylene | 11.00 |
| Methane | 7.77 |
| Napthalene | 11.00 |
| Propylene | 11.00 |
| Toluene | 11.00 |
| Xylene | 11.00 |
| Ammonia | 5.96 |
| Antimony | 10.05 |
| Antimony trioxide | 8.47 |
| Arsenic | 10.05 |
| Arsenic trioxide | 7.70 |
| Barium sulfide | 5.19 |
| Bromine | 10.05 |
| Cadmium | 10.05 |
| Chlorine | 6.10 |
| Chromium | 10.05 |
| Chromite | 3.43 |
| Potassium dichromate | 3.82 |
| Sodium dichromate | 4.22 |
| Cobalt | 10.05 |
| Cupric sulfate | 4.22 |
| Cupric oxide | 8.11 |
| Cuprous oxide | 8.96 |
| Hydrochloric acid | 0.65 |
| Hydrogen fluoride | 9.55 |
| Lead oxide | 9.35 |
| Mercury | 10.05 |
| Nickel | 10.05 |
| Phosphorus | 10.05 |
| Stannous chloride | 6.43 |
| Stannic chloride | 4.79 |
| Zinc chloride | 5.01 |
| Zinc sulfate | 4.29 |
| Potassium hydroxide | 0.50 |
| Sodium hydroxide | 0.63 |
| Sulfuric acid | 0.59 |
| Nitric acid | 0.54. |
Adjustment for inflation
In general
In the case of any taxable year beginning after December 31, 2014, each of the dollar amounts in the table in paragraph (1) shall be increased by an amount equal to—
such amount, multiplied by
the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which such taxable
year begins
by substituting calendar year 2013
for calendar year
1992
in subparagraph (B) thereof.
Rounding
If any increase determined under this paragraph is not a multiple of $0.01, such increase shall be rounded to the next lowest multiple of $0.01.
.
Effective date
The amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.
Clarification of definition of crude oil for excise tax purposes
Definition of crude oil
Paragraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows:
Crude oil
The term crude oil includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale).
.
Effective date
The amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.
Use of Hazardous Substance Superfund for cleanup
Availability of amounts
Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended—
in subsection (a) by striking For the purposes specified
and all that follows through for the following purposes:
and inserting the following: The amount in the Hazardous Substance Superfund established under section 9507 of the Internal
Revenue Code of 1986 shall be available, without further appropriation, to
be used for the purposes specified in this section. The President shall
use such amount for the following purposes:
; and
in subsection (c)—
by striking Subject to such amounts as are provided in appropriations Acts, the
each place it appears and inserting The
; and
in paragraph (12) by striking to the extent that such costs
and all that follows through and 1994
.
Amendment to the Internal Revenue Code
Section 9507 of the Internal Revenue Code of 1986 is amended—
in subsection (c)(1)—
by striking , as provided in appropriations Acts,
; and
by striking the Superfund Amendments and Reauthorization Act of 1986
in clause (i) thereof and inserting the Superfund Polluter Pays Restoration Act of 2014
; and
in subsection (d)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).