TABLE OF CONTENTS:
Title I: General Provisions
Title II: Innocent Landowner and Responsible Owner Cleanups
Title III: Abandoned Industrial Land Redevelopment
Title IV: No Action Determinations
Title V: Registration of Environmental Professionals
Title VI: Miscellaneous Provisions
Industrial and Commercial Land Recycling Act - Title I: General Provisions - Requires the Environmental Protection Agency (EPA) to implement this Act.
(Sec. 105) Declares that this Act does not apply to properties listed or proposed on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
Title II: Innocent Landowner and Responsible Owner Cleanups - Applies this title to a person who is an innocent landowner or a responsible owner.
Defines an "innocent landowner" as a person who: (1) intends to own or owns a parcel of real property on which industrial activities take place; (2) did not cause or contribute to any contamination or the release of hazardous substances; and (3) intends to reuse or redevelop the property to retain or expand employment or who is using the property for such purposes.
Defines a "responsible owner" as a person who: (1) owns a parcel of real property on which responsible industrial activities take place; (2) uses or intends to reuse or redevelop the property to retain or expand employment.
(Sec. 202) Authorizes such individuals to submit cleanup plans for such property to the EPA Administrator. Requires persons submitting such plans to submit certifications that they intend to retain the same level of employment at the property or expand employment opportunities for at least five years after the plan is approved.
(Sec. 203) Absolves the following persons of liability under CERCLA or the Solid Waste Disposal Act if the EPA certifies their actions to remove or remedy contamination or releases of hazardous substances under a cleanup plan: (1) a landowner of the identified property; (2) a person providing financing to the person undertaking activities under a cleanup plan; (3) a person who develops or occupies the property as a result of a lease or rent agreement; and (4) a successor or assign of any person to whom the liability protection applies.
(Sec. 204) Requires persons with approved cleanup plans to submit cleanup guarantee fees to EPA. Earmarks such fees for EPA use if cleanup measures fail to contain a release or do not reduce risks presented by the site. Provides for the return of such fees upon certification of plan completion.
(Sec. 205) Establishes a Cleanup Loan Fund to provide funding to persons undertaking environmental assessments as part of a cleanup plan and for implementing such plans.
(Sec. 206) Requires property owners who fail to retain or expand employment to pay a penalty to the Industrial Land Recycling Fund.
Title III: Abandoned Industrial Land Redevelopment - Applies this title to a person who: (1) intends to own or owns a parcel of real property used for industrial activities where there is no financially viable responsible person to clean up contamination on the property; (2) did not cause or contribute to contamination or the release of hazardous substances; and (3) intends to reuse or redevelop the property to expand employment opportunities.
(Sec. 302) Requires prospective purchasers or property owners to conduct environmental assessments on identified property to establish a baseline of existing contamination. Directs the EPA and such individuals to enter into agreements based on such assessments which outline cleanup liabilities for the property.
(Sec. 303) Makes prospective purchasers or property owners responsible for remediation of threats to health or the environment which would prevent the property from being occupied for its intended purpose, such as drummed waste. Provides that such individuals shall not be responsible for the remediation of contamination identified in the environmental assessment.
(Sec. 305) Provides for the transferability of agreements to any subsequent property owner who did not cause or contribute to contamination.
(Sec. 306) Declares that no person who submits environmental assessments or who is granted liability protection shall be subject to citizen suits or other contribution actions.
(Sec. 307) Makes persons redeveloping abandoned property under this title eligible for funding under the Cleanup Loan Program established under title II.
Title IV: No Action Determinations - Authorizes property owners to request determinations from EPA that it will take no enforcement or cleanup actions under CERCLA or the Solid Waste Disposal Act against an innocent landowner in cases in which: (1) an environmental assessment or transaction screen analysis performed by a registered environmental professional indicates no significant contamination or health and environmental risks; or (2) contamination or releases originate from a source on nearby property.
(Sec. 405) Provides for the transferability of such determinations to landowner successors or assigns who are not responsible for contamination.
(Sec. 406) Provides that persons who are subjects of no action determinations or otherwise protected from liability shall not be subject to citizen suits or contribution actions.
Title V: Registration of Environmental Professionals - Permits EPA to accept environmental assessments or transaction screen reviews required under this Act only if they are prepared by environment professionals registered with EPA.
(Sec. 502) Sets forth qualification and registration fee requirements.
Title VI: Miscellaneous Provisions - Establishes the Industrial Land Recycling Fund to be used by EPA for remedying a release that poses a significant health or environmental risk where a certified cleanup plan has been completed. Makes Superfund monies available for such purposes as well.
(Sec. 602) Sets forth enforcement authorities.
(Sec. 603) Authorizes the delegation of authority for programs under titles II and III to States that have adopted industrial and commercial land recycling programs. Makes such States eligible for funding from the Industrial Land Recycling Fund.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3043 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 3043
To provide for the voluntary environmental cleanup of existing
industrial sites; to further define the cleanup liability of new
industries, financial institutions and tenants; to provide for the
voluntary cleanup of industrial sites by responsible owners; to define
cleanup liabilities on abandoned industrial sites; to establish the
Cleanup Loan Fund and the Industrial Land Recycling Fund to aid
industrial site cleanups; and to provide for the registration of
environmental consulting professionals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 1993
Mr. Ridge introduced the following bill; which was referred jointly to
the Committees on Energy and Commerce and Public Works and
Transportation
_______________________________________________________________________
A BILL
To provide for the voluntary environmental cleanup of existing
industrial sites; to further define the cleanup liability of new
industries, financial institutions and tenants; to provide for the
voluntary cleanup of industrial sites by responsible owners; to define
cleanup liabilities on abandoned industrial sites; to establish the
Cleanup Loan Fund and the Industrial Land Recycling Fund to aid
industrial site cleanups; and to provide for the registration of
environmental consulting professionals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industrial and Commercial Land
Recycling Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Implementation and regulations.
Sec. 104. Liability of persons conducting environmental assessments.
Sec. 105. Applicability.
TITLE II--INNOCENT LANDOWNER AND RESPONSIBLE OWNER CLEANUPS
Sec. 201. Applicability.
Sec. 202. Cleanup plans.
Sec. 203. Protection from liability.
Sec. 204. Cleanup guarantee.
Sec. 205. Voluntary Cleanup Loan Program.
Sec. 206. Penalty.
TITLE III--ABANDONED INDUSTRIAL LAND REDEVELOPMENT
Sec. 301. Applicability.
Sec. 302. Environmental assessment.
Sec. 303. Cleanup liability.
Sec. 304. Owner responsibilities.
Sec. 305. Transferability.
Sec. 306. Third parties.
Sec. 307. Funding.
TITLE IV--NO ACTION DETERMINATIONS
Sec. 401. No action determinations.
Sec. 402. Review deadline.
Sec. 403. Applicability.
Sec. 404. Exclusions and conditions.
Sec. 405. Transferability.
Sec. 406. Third parties.
TITLE V--REGISTRATION OF ENVIRONMENTAL PROFESSIONALS
Sec. 501. Registration.
Sec. 502. Qualifications.
Sec. 503. Withholding registration.
Sec. 504. Registration fee.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Industrial Land Recycling Fund.
Sec. 602. Enforcement.
Sec. 603. Delegation to States.
Sec. 604. Authority reserved.
Sec. 605. Construction.
Sec. 606. Effective date.
TITLE I--GENERAL PROVISIONS
SEC. 101. FINDINGS.
The Congress finds the following:
(1) The reuse and redevelopment of existing industrial and
commercial land should be encouraged as a sound land use
management policy to prevent the needless development of prime
farmland, open space, and natural and recreation areas, and to
prevent the expansion of urban sprawl.
(2) Hundreds of unused industrial sites should be returned
to being useful, tax producing properties to protect existing
employment opportunities and to provide new opportunities.
(3) Persons interested in redeveloping existing industrial
sites must have a method of determining with certainty what
their legal liabilities and cleanup responsibilities will be
when they plan the reuse of existing sites. Financial
institutions which invest in the reuse of existing sites and
the subsequent owners or lease holders must also be given this
same degree of certainty.
(4) Incentives should be put in place to encourage
companies to voluntarily develop and implement cleanup plans
without the need for adversarial enforcement actions by the
Environmental Protection Agency, which frequently only serve to
delay cleanups and increase their cost.
(5) Cleanup responsibilities should be based on the actual
risk that contamination on the site may pose to public health
and the environment taking into account its future use, and on
the degree to which contamination can spread off-site and
expose the public or the environment to risk, not on cleanup
policies based solely on the need to return every site in the
Nation to a pristine condition.
SEC. 102. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) The term ``EPA'' means the Environmental Protection
Agency.
(4) The term ``Hazardous Substance Superfund'' means the
fund established by section 9507 of the Internal Revenue Code
of 1986.
(5) The term ``hazardous substance'' has the meaning
provided that term by section 101(14) of CERCLA.
(6) The term ``industrial activity'' means commercial,
manufacturing, or any other activity done to further either the
development, manufacturing, or distribution of goods and
services, including administration, research and development,
warehousing, shipping, transport, remanufacturing, and repair
and maintenance of commercial machinery and equipment.
(7) The term ``person'' means an individual, firm,
corporation, association, partnership, consortium, joint
venture, commercial entity, authority, nonprofit corporation,
interstate body or other legal entity which is recognized by
law as the subject of rights and duties. The term includes the
United States Government, a State, and a political subdivision
of a State.
(8) The term ``remediate'' means cleanup, mitigate,
correct, abate, minimize, eliminate, prevent, study, or assess
a release of a regulated substance into the environment in
order to protect the present or future public health, safety,
welfare, or the environment.
SEC. 103. IMPLEMENTATION AND REGULATIONS.
The Environmental Protection Agency shall implement this Act and
may promulgate any regulations needed to do so. Any regulations needed
to implement this Act shall be proposed by the Environmental Protection
Agency no later than 6 months after the date of the enactment of this
Act and shall be promulgated no later than 18 months after such date.
SEC. 104. LIABILITY OF PERSONS CONDUCTING ENVIRONMENTAL ASSESSMENTS.
A person shall not be considered a person responsible for a release
or a threatened release of a hazardous substance simply by virtue of
conducting an environmental assessment on a property. Nothing in this
section relieves a person of any liability for failure to exercise due
diligence in performing an environmental assessment.
SEC. 105. APPLICABILITY.
This Act does not apply to properties listed or proposed on the
National Priorities List established under CERCLA.
TITLE II--INNOCENT LANDOWNER AND RESPONSIBLE OWNER CLEANUPS
SEC. 201. APPLICABILITY.
(a) In General.--This title applies to a person who is an innocent
landowner or a responsible owner.
(b) Innocent Landowner.--For purposes of this title, an innocent
landowner is a person--
(1) who either intends to own, as expressed as an option to
buy or other formal agreement, or who owns, a parcel of real
property on which industrial activities take place;
(2) who did not, by act or omission, cause or contribute to
any contamination or to the release or threatened release of a
hazardous substance on the real property; and
(3) who intends to reuse or redevelop the property to
retain or expand employment or who is using the property to
retain or expand employment.
(c) Responsible Owner.--For purposes of this title, a responsible
owner is a person--
(1) who owns a parcel of real property on which industrial
activities take place; and
(2) who intends to reuse or redevelop the property to
retain or expand employment or who is using the property to
retain or expand employment.
SEC. 202. CLEANUP PLANS.
(a) In General.--A person to which this title applies may submit a
cleanup plan with respect to a parcel of real property to the
Environmental Protection Agency for review and approval. The
Administrator shall review the plan and make a decision on whether the
plan meets the requirements of this section within no more than 90 days
after receipt of the plan.
(b) Contents of Plan.--A cleanup plan shall include the following
with respect to the real property concerned:
(1) An environmental assessment of the property which
describes the contamination, if any, on the property and the
significant actual risk it poses to public health and the
environment.
(2) Proposals to remediate any contamination or condition
causing a release or threatened release which poses an
immediate, direct, or imminent actual risk to public health and
the environment, considering the present or future use of the
property.
(3) Descriptions of measures needed to remove significant
actual risks to public health and the environment considering
the future use of the property, and a timetable for
implementing the measures and for monitoring the measures after
they have been completed. The plan is not required to provide
for the removal or remediation of the conditions or
contaminants causing a release or threatened release on the
identified property if the Environmental Protection Agency
determines that--
(i) activities required to undertake the proposed
reuse or redevelopment of the property are proposed to
be conducted in a manner which will protect public
health and the environment;
(ii) any reuse or redevelopment of the property
will not aggravate or contribute to contamination of
the air, land, or water or to a release or threatened
release; and
(iii) the owner of the property agrees to cooperate
with the Environmental Protection Agency or other
persons acting at the direction of the Environmental
Protection Agency in taking response actions which may
be necessary to address any contamination, condition,
or releases or threatened releases not identified in
the Voluntary Cleanup Plan or required to be removed or
remediated at a later date.
(4) Descriptions of any proposed deed restrictions on the
present or future use of the property designed to prevent
contamination or protect the integrity of cleanup measures
installed on the site.
(c) Risk Assessment.--Remediation proposals included in a cleanup
plan pursuant to subsection (b)(2) for a property shall be based on the
actual risk to human health and the environment posed by contaminants
on the property, considering the following factors:
(1) The intended and allowable use or subsequent uses of
the property.
(2) The ability of the contaminants to move in a form and
manner which would result in exposure to humans and the
surrounding environment at levels considered to be a
significant health risk.
(3) The potential risk to human health and the environment
of containing and isolating contaminants in a manner which
prevents harmful exposure to employees on the property, to the
public, and to the environment.
(4) The potential environmental risks of proposed cleanup
alternatives and their economic and technical feasibility and
reliability.
(d) Public Review.--A proposed cleanup plan shall be subject to a
30-day public review and comment period. Notice of the proposed plan
shall be published in the Federal Register and a newspaper of general
circulation serving the area in which the identified property is
located. The Environmental Protection Agency may hold a public hearing
on the plan if one is requested.
(e) Certification of Employment Retention or Expansion.--The person
submitting a cleanup plan under this section shall also submit to the
Environmental Protection Agency a certification regarding employment
retention or expansion. The certification shall be a statement signed
by the person that the person intends to retain the same level of
employment at the property, or expand employment opportunities by a
specific number, for at least 5 years after approval of the cleanup
plan by EPA.
(f) Certification of Completion.--A person who submits a cleanup
plan under this section may request the Environmental Protection Agency
to provide a written certification that the plan has been completed.
The Environmental Protection Agency shall provide such a certification
not later than 30 days after such a request is made.
(g) Deed Restriction.--A cleanup plan may include a proposal for
placing a restriction on the deed for the property covered by a cleanup
plan which restricts the uses of the property to industrial activities
as specified in the cleanup plan or to protect the integrity of cleanup
measures.
SEC. 203. PROTECTION FROM LIABILITY.
(a) Protection.--Any person to which this section applies shall not
be liable under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) (including claims for contribution or citizen suits) for
any contamination included in or not included in the plan for the
identified property, if the person undertakes and the Environmental
Protection Agency certifies as complete (under section 202(f)) the
actions to remove or remediate contamination or releases or threatened
releases of hazardous substances on the identified property as required
by the cleanup plan.
(b) Applicability.--The liability protection provided by this
section applies to the following persons:
(1) Except as provided in subsection (c), a landowner of
the identified property.
(2) A person providing financing to the person who
undertakes and completes the activities required under the
cleanup plan, or who acquires the identified property.
(3) A person who develops or occupies the identified
property as a result of a lease or rent agreement.
(4) A successor or assign of any person to whom the
liability protection applies, provided the successor or assign
is not a person responsible for contamination on the property.
(c) Exclusions.--The protection from liability provided by this
section does not apply to a property owner--
(1) who aggravates or contributes to a release or
threatened release identified but not remediated under an
approved cleanup plan on the identified property;
(2) who obtains approval of a cleanup plan on the
identified property by fraud or misrepresentation or by
knowingly failing to disclose material information that would
have made the person responsible for a release or threatened
release;
(3) who does not fulfill the certification requirement
under section 202(e) to retain or expand employment, unless
there is an explanation, determined to be valid by the
Administrator, for not fulfilling such requirement, based on
criteria such as natural disaster, industry trends, labor
force, or loss of a major supplier or market; or
(4) who was partially responsible for contamination on the
site, other than contamination identified in a cleanup plan
submitted by a responsible owner.
(d) Fines and Penalties.--Innocent property owners who submit a
cleanup plan shall not be responsible for paying any fines or penalties
levied against any person responsible for contamination on the
property.
SEC. 204. CLEANUP GUARANTEE.
(a) Guarantee.--Any person with an approved cleanup plan shall
submit to the Environmental Protection Agency a cleanup guarantee fee
upon certification by the Environmental Protection Agency under section
202(f) that the plan has been completed. The guarantee shall be in an
amount negotiated by the parties that is a certain percentage of the
cost of preparing and implementing the cleanup plan. The guarantee is
to be held in the Industrial Land Recycling Fund established under
section 601 for a period of 2 years after certification of completion
under section 202(f).
(b) Form.--The cleanup guarantee fee can be in a form acceptable to
the Environmental Protection Agency, which shall include collateral
bonds, cash or other marketable securities, certificates of deposit,
letters of credit, or other acceptable financial guarantees. The
Environmental Protection Agency may also accept phased deposits of
collateral to meet this requirement.
(c) Use.--The cleanup guarantee fee is to be earmarked specifically
for the Environmental Protection Agency's use in the event the cleanup
measures approved by the Environmental Protection Agency in a cleanup
plan fail to contain or prevent a release or do not result in reducing
the risk presented by the site.
(d) Disposition.--The cleanup guarantee fee will be returned to the
person implementing the cleanup plan at the end of 2 years after
certification of completion under section 202(f) if the property owner
satisfies any monitoring or other post-certification requirements
described in the cleanup plan and if the measures taken to deal with
contamination required by the plan performed as expected. Any successor
to the property owner shall maintain the guarantee for the remainder of
the 2-year period. The cleanup guarantee fee shall be forfeited if the
property owner is excluded from liability protection under section
203(b).
SEC. 205. CLEANUP LOAN PROGRAM.
(a) Establishment.--There is hereby established a separate account
in the United States Treasury to be known as the Cleanup Loan Fund,
which shall be a special fund administered by the Administrator. Within
60 days of the effective date of this Act the Administrator shall
finalize guidelines and issue application forms to administer this
Fund.
(b) Purpose.--The purpose of the Cleanup Loan Fund is to help
provide funding to persons undertaking an environmental assessment of a
site as part of a cleanup plan and for implementing an approved cleanup
plan. The funding shall be in the form of low-interest loans at an
interest rate not to exceed 2 percent and grants for up to one-half of
the costs incurred for completing an environmental assessment and
implementing a cleanup plan for local economic development agencies and
other applicants.
(c) Funds.--In addition to any funds appropriated by Congress, at
least $5,000,000 shall be transferred on July 1 of each year from the
Hazardous Substances Superfund to the Cleanup Loan Fund for the purpose
of implementing the program established in this section. Monies
received by the Administrator as repayment of outstanding loans shall
be deposited in the Cleanup Loan Fund. Any interest earned by monies in
the Cleanup Loan Fund shall remain in the Fund. The first transfer of
funds from the Hazardous Substances Superfund required by this
paragraph shall occur within 60 days of the effective date of this Act.
(d) Annual Report.--The Administrator shall on October 1 of each
year report to Congress on the grants, loans, expenditures, and
commitments made from the Cleanup Loan Fund.
SEC. 206. PENALTY.
Where a property owner fails to retain or expand employment as
certified under section 202(e), the property owner shall pay a penalty
to the Industrial Land Recycling Fund equal to the cost of preparing
and implementing the cleanup plan in any year the owner fails to meet
employment commitments. This penalty is in addition to any other
authority provided to the Environmental Protection Agency by this Act.
TITLE III--ABANDONED INDUSTRIAL LAND REDEVELOPMENT
SEC. 301. APPLICABILITY.
(a) In General.--This title applies to a person who--
(1) either intends to own, as expressed as an option to buy
or other formal agreement, or who owns, a parcel of real
property used for industrial activities where there is no
financially viable responsible person to cleanup contamination
on the property causing a significant threat to public health
or the environment;
(2) did not, by act or omission, cause or contribute to any
contamination or to the release or threatened release of a
hazardous substance on the identified real property; and
(3) intends to reuse or redevelop the property to expand
employment opportunities.
(b) Employment Expansion.--For purposes of this title, employment
expansion shall mean providing employment opportunities for a period of
5 years after an agreement is signed under section 302(d).
SEC. 302. ENVIRONMENTAL ASSESSMENT.
(a) Assessment.--A prospective purchaser or property owner shall
conduct an environmental assessment on the identified property to
establish a baseline of any existing contamination on the site.
(b) Public Review.--The proposed environmental assessment shall be
subject to a 30-day public review and comment period. Notice of the
availability of the completed assessment shall be published in the
Federal Register and a newspaper of general circulation serving the
area in which the identified property is located. The Environmental
Protection Agency may hold a public hearing on the assessment if one is
requested.
(c) EPA Review.--Within 90 days after a completed environmental
assessment is received, the Environmental Protection Agency shall
determine whether the assessment adequately identified the
environmental hazards and risks posed by the site.
(d) Agreement.--The Environmental Protection Agency and the
prospective purchaser or property owner shall enter into an agreement
based on the environmental assessment which outlines cleanup
liabilities for the identified property.
SEC. 303. CLEANUP LIABILITY.
(a) Immediate Threats.--The prospective purchaser or property owner
shall be responsible for remediation of any immediate, direct, or
imminent threats to public health or the environment which would
prevent the property from being occupied for its intended purpose, such
as drummed waste.
(b) Identified Contamination.--The prospective purchaser or
property owner shall not be held responsible for the remediation of any
contamination identified in the completed environmental assessment
accepted by the Environmental Protection Agency.
(c) New Liability.--Nothing in this Act shall relieve the
prospective purchaser or property owner of any cleanup liability for
contamination later caused by the prospective purchaser or property
owner. The prospective purchaser or property owner shall also remain
responsible for any contamination which was not identified and which
was known to be a significant risk to public health or the environment
at the time the assessment was completed.
(d) Risk Assessment.--Remediation alternatives for a property
covered by an environmental assessment shall be based on the actual
risk to human health and the environment posed by contaminants on the
property, considering the following factors:
(1) The intended and allowable use or subsequent uses of
the property.
(2) The ability of the contaminants to move in a form and
manner which would result in exposure to humans and the
surrounding environment at levels considered to be a
significant health risk.
(3) The potential risk to human health and the environment
of containing and isolating contaminants in a manner which
prevents harmful exposure to employees on the property, to the
public, and to the environment.
(4) The potential environmental risks of proposed cleanup
alternatives and their economic and technical feasibility and
reliability.
(e) Liability of Other Parties.--A person providing financing to
the prospective purchaser or property owner or a person who develops or
occupies the identified property as a result of a lease or rent
agreement shall not be considered a responsible person for cleaning up
contamination on property covered by an agreement developed pursuant to
this title.
(f) Past Penalties.--A prospective purchaser or property owner
submitting an environmental assessment under this title shall not be
responsible for paying any fines or penalties levied against any person
responsible for contamination on the property.
SEC. 304. OWNER RESPONSIBILITIES.
(a) Prevention.--The prospective purchaser or property owner shall
take the steps necessary to prevent any existing contamination on the
site from becoming worse as the result of its activities.
(b) Noninterference.--The prospective purchaser or property owner
shall not interfere with any subsequent remediation efforts by the
Environmental Protection Agency or others to deal with contamination
identified in the environmental assessment.
(c) Deed Restriction.--The prospective purchaser or property owner
and the Environmental Protection Agency may agree to having a
restriction placed on the deed for the property covered by this title
which restricts the use of the property to industrial activities which
will protect the integrity of any cleanup measures implemented on the
property or prevent contaminated portions of the property from being
disturbed.
SEC. 305. TRANSFERABILITY.
The agreement on cleanup liabilities entered into by the
Environmental Protection Agency and the prospective purchaser or
property owner pursuant to this title is transferable without review by
the Environmental Protection Agency in its entirety to any and all
subsequent owners of the property who did not, by act or omission,
cause or contribute to any contamination or to the release or
threatened release of a hazardous substance on the identified property.
SEC. 306. THIRD PARTIES.
No person who submits an environmental assessment accepted under
this title by the Environmental Protection Agency or who is granted
liability protection under section 303(e) shall be subject to citizen
suits or other contribution actions brought by responsible persons for
a release or potential release on the identified property.
SEC. 307. FUNDING.
Prospective purchasers and property owners redeveloping abandoned
property under this title shall be eligible for funding under the
Cleanup Loan Program established under section 205 to perform
environmental assessments or to implement any remediation actions
required of the prospective purchaser or property owner under this
title.
TITLE IV--NO ACTION DETERMINATIONS
SEC. 401. NO ACTION DETERMINATIONS.
Property owners may request and the Environmental Protection Agency
may issue written determinations that it will take no enforcement or
cleanup actions under CERCLA or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) against an innocent landowner who owns real property and
is otherwise not responsible for any identified contamination or a
release or threatened release of a hazardous substance in any case in
which--
(1) an environmental assessment or transaction screen
analysis performed by a registered environmental professional
indicates no significant contamination or contamination which
does not pose significant actual risk to public health and the
environment; or
(2) the Environmental Protection Agency finds that
contamination or a release or threatened release of a hazardous
substance originates from a source on an adjacent or nearby
real property.
SEC. 402. REVIEW DEADLINE.
The Environmental Protection Agency shall make a decision on
whether or not to issue a no action determination no later than 90 days
after a request is made.
SEC. 403. APPLICABILITY.
A no action determination shall also apply to any person providing
financing to the person named in the determination and to any person
developing or occupying the identified property as the result of a
lease or rent agreement.
SEC. 404. EXCLUSIONS AND CONDITIONS.
The Environmental Protection Agency may invalidate a no action
determination if new information indicates the property owned by the
person is the source of the contamination or release or if the person
is later determined to be responsible for the release. The property
owner must allow entry to the property for the purpose of taking any
remediation and response actions needed to address contamination on the
adjacent site and not interfere with any response action. The
Environmental Protection Agency may attach other conditions it feels
are necessary to allow the Environmental Protection Agency to
adequately respond to a release.
SEC. 405. TRANSFERABILITY.
A no action determination may be transferred by the property owner
to successors and assigns, if the successors and assigns are not
otherwise responsible for any contamination on the adjacent property.
The successors and assigns shall be bound by the conditions placed on
the determination by the Environmental Protection Agency. A no action
determination shall also be extended to the successors and assigns of
parties identified in section 403.
SEC. 406. THIRD PARTIES.
No person who is the subject of a no action determination issued by
the Environmental Protection Agency or who is granted liability
protection under section 403 shall be subject to either citizen suits
or other contribution actions brought by responsible persons for a
release or potential release identified in the no action determination.
TITLE V--REGISTRATION OF ENVIRONMENTAL PROFESSIONALS
SEC. 501. REGISTRATION.
(a) General.--The Environmental Protection Agency may only accept
environmental assessments or transaction screen reviews as required
under this Act that are prepared by Environmental Professionals
registered with the Environmental Protection Agency starting one year
after the Environmental Protection Agency qualifications for
registration are established under section 502. Both individual
Environmental Professionals and corporations can be registered under
this title.
(b) Registration Period.--Registration for an Environmental
Professional shall be valid for a period of one year and shall be
renewed annually.
(c) Interim Reviews.--Nothing in this section shall prevent the
Environmental Protection Agency from accepting environmental
assessments or transaction screen before the registration requirements
under this title become effective.
SEC. 502. QUALIFICATIONS.
The Environmental Protection Agency shall establish qualifications
for Environmental Professionals requesting certification including--
(1) education, training, and experience in preparing
environmental assessments;
(2) certification or accreditation by professional groups
such as the Institute of Professional Environmental Practice;
and
(3) an evaluation of ability to meet best professional and
technical standards for preparing environmental assessments.
SEC. 503. WITHHOLDING REGISTRATION.
The Environmental Protection Agency may withhold, withdraw, or not
renew registration of an Environmental Professional if the applicant
does not meet the qualifications to be registered or if the
Environmental Protection Agency determines the environmental assessment
submitted by the Environmental Professional do not meet best
professional and technical standards.
SEC. 504. REGISTRATION FEE.
The initial fee for registering Environmental Professionals for the
first time shall be $150. The registration renewal fee shall be $100.
The Environmental Protection Agency may by regulation change the
initial registration and registration renewal fees.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. INDUSTRIAL LAND RECYCLING FUND.
(a) Fund.--There is hereby established a separate account in the
United States Treasury to be known as the Industrial Land Recycling
Fund, which shall be a special fund administered by the Environmental
Protection Agency.
(b) Purpose.--The monies deposited in this Fund shall be used by
the Environmental Protection Agency to remediate a release or
threatened release that poses a significant risk to public health or
the environment where the Environmental Protection Agency has certified
that a cleanup plan has been completed. Monies from the Hazardous
Substance Superfund shall also be available to the Environmental
Protection Agency to remediate a release or threatened release on a
property covered by a cleanup plan.
(c) Funds.--In addition to any funds appropriated by the Congress,
private contributions and any fines and penalties assessed under this
Act and the cleanup guarantees assessed or forfeited under sections 204
and 304 shall be deposited into the Fund.
(d) Annual Report.--The Environmental Protection Agency shall on
October 1 of each year report to Congress on the expenditures and
commitments made from the Industrial Land Recycling Fund.
SEC. 602. ENFORCEMENT.
(a) Orders.--The Environmental Protection Agency may issue orders
to such persons and municipalities as it deems necessary to aid in the
enforcement of the provisions of this Act. An order issued under this
Act shall take effect upon service, unless the order specifies
otherwise. The power of the Environmental Protection Agency to issue an
order under this Act is in addition to any other remedy which may be
afforded to the Environmental Protection Agency pursuant to this Act or
any other Act.
(b) Additional Authority.--The Environmental Protection Agency may
use the enforcement authorities (including penalty provisions)
contained in CERCLA and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) to enforce the provisions of this Act.
SEC. 603. DELEGATION TO STATES.
(a) Compatible Program.--If a State has adopted an industrial and
commercial land recycling program compatible with the provisions of
this Act, the Administrator may delegate primary authority for the
administration and implementation of the programs outlined in titles II
and III to that State.
(b) Liability Protection.--If a State is delegated primary
authority under subsection (a) for administration and implementation,
the liability protection provided under sections 203, 303(e), and 306
of this Act concerning direct and third party contribution actions and
citizen suits under CERCLA and the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.) shall be extended to the participating parties as if such
protection were provided by the Administrator.
(c) State Funding.--States delegated primary authority to
administer and implement titles II and III of this Act shall be
eligible to apply for funds from the Industrial Land Recycling Fund to
help offset the cost of administering the program.
SEC. 604. AUTHORITY RESERVED.
Nothing in this Act shall affect the ability or authority of the
Environmental Protection Agency or any person to seek any relief
available under this Act or any other Act against any party who is not
subject to the liability protection provided under this Act.
SEC. 605. CONSTRUCTION.
The protection from cleanup liability afforded under this Act shall
be in addition to the exclusions from being a potentially responsible
party existing under Federal environmental statutes.
SEC. 606. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act.
<all>
HR 3043 IH----2
HR 3043 IH----3
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the House Committee on Public Works + Transportation.
Referred to the Subcommittee on Transportation and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
Sponsor introductory remarks on measure. (CR E2309-2310)
See H.R.3800.
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