Authorizes appropriations.
(Sec. 103) Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Authorizes appropriations and provides for a minimum amount of assistance for such programs. Makes a State that receives such assistance ineligible for brownfield site inventory and assessment assistance.
(Sec. 104) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the National Priorities List (NPL) at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a judicial enforcement or civil action to recover response costs against any person who is conducting or has completed a response action in compliance with State law. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency or migration of contamination across State lines. Requires the President to report to Congress on the factual and legal basis for any such action.
(Sec. 105) Requires the President to defer listing a facility on the NPL if: (1) long-term remedial action will be conducted under other Federal authorities; (2) remedial action that will provide long-term protection of human health and the environment is underway at that facility under a State response program; or (3) at a State's request, the State is attempting to obtain an agreement from a person to perform a remedial action under a State response program. Authorizes the President to place a facility described in (3) above on the NPL if, after one year, the President finds that the State is not making reasonable progress toward obtaining an agreement.
Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities).
Permits affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President.
(Sec. 202) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action.
(Sec. 203) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached.
(Sec. 205) Sets forth specific notice and comment requirements to provide for public participation in removal actions.
(Sec. 206) Directs the Administrator to submit to Congress a community study that includes an analysis of: (1) the time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study.
Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public.
Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL.
Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases.
(Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects.
(Sec. 224) Requires the Administrator to evaluate areas such as Indian reservations or poor rural or urban communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring.
Title III: Liability Reform - Prohibits Federal agencies with authority to use the imminent hazard, enforcement, and emergency response authorities under provisions governing abatement actions from using such authorities with respect to releases for which they are potentially responsible parties (PRPs).
(Sec. 302) Absolves of liability for response costs and damages certain owners or operators, including persons who inherited the property concerned and government entities that acquired property involuntarily, or through eminent domain or the granting of a license or permit to conduct business, if such persons: (1) acquired the affected facility after the disposal or placement of the hazardous substance for which liability is alleged; (2) did not cause or contribute to the hazardous substance release; and (3) exercised appropriate care with respect to such substance. Limits liability for owners or operators who meet such conditions and received the property as a charitable donation. Requires persons who acquired ownership of affected property after December 1, 1980, to meet the requirements described above and establish that they made all appropriate inquiry into previous ownership and uses of the property in order to be exempt from liability. Establishes an additional condition for persons who acquired property before March 25, 1999, requiring that such persons establish that they did not know that a hazardous substance was disposed of on, in, or at the affected property.
Absolves of liability owners or operators of publicly- or federally-owned treatment works or a treatment works that would be considered as such and is principally treating municipal waste water or domestic sewage if: (1) the works, at the time of the release concerned, was in compliance with pretreatment requirements under the Federal Water Pollution Control Act applicable to the hazardous substances that are the subject of the response action; and (2) the release or threatened release was not caused by a failure to properly operate and maintain the treatment works or by negligence or intentional misconduct.
Exempts from liability: (1) owners or operators of rights-of-way over which hazardous substances are transported if such persons did not cause or contribute to the release concerned; (2) railroad owners or operators of spur tracks whose tracks meet specified conditions and who did not cause or contribute to the release concerned; and (3) construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised appropriate care with respect to such substances.
Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances.
Makes applicable to tribal governments an exemption from liability for States or local governments for costs or damages resulting from actions taken in response to an emergency created by a release generated by a facility owned by another person. Expands such exemption to include actions to improve water quality protection at abandoned mine sites and adjacent lands owned by others if such actions are taken in accordance with a Federal or State-approved response action.
Excludes certain contiguous property owners from the definition of "owner or operator" for purposes of creating an exemption to liability.
(Sec. 305) Exempts certain small business concerns from liability under provisions governing arrangement, acceptance, or transport of hazardous substances for response costs or damages at an NPL facility with respect to actions taken before March 25, 1999. Provides an additional exemption from liability under such provisions for persons arranging or transporting municipal solid waste (MSW) or municipal sewage sludge prior to this Act's enactment for disposal at an NPL landfill facility, with exceptions. Limits liability for persons engaging in such activities after this Act's enactment date to ten percent of response costs at such a landfill facility. Makes such limitation applicable, with respect to actions taken 36 months after this Act's enactment, only to municipalities that participate in qualified household hazardous waste collection programs. Provides for expedited final settlements, in lieu of the aggregate ten percent liability limitation, based on the average unit cost of remediating MSW and municipal sewage sludge in such landfills.
Exempts certain owners, operators, or lessees of residential property, small businesses, and tax-exempt organizations from liability for response costs or damages under arrangement, acceptance, or transport provisions with respect to the arrangement or transport of MSW for disposal at an NPL landfill facility.
Limits liability for response costs for facilities that received MSW, were proposed for NPL listing before March 25, 1999, are owned by municipalities, and are not subject to certain criteria for solid waste landfills under the Solid Waste Disposal Act.
Provides a de micromis exemption to liability under arrangement, acceptance, or transport provisions in cases where less than 110 gallons or 200 pounds of materials containing hazardous substances are attributable to any one person at an NPL facility before this Act's enactment.
Requires the Hazardous Substance Superfund (Superfund) to assume the liability for certain exempt parties or those subject to limited liability for releases from NPL facilities.
Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes.
(Sec. 306) Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period.
(Sec. 307) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors.
Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law.
Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors.
(Sec. 308) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party, other than a small business, pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States.
Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest.
Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. Absolves a small business of liability if the President does not make a settlement offer within the later of 180 days of determining that such party is eligible for an expedited settlement or of this Act's enactment date.
(Sec. 309) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from general liability under CERCLA.
Deems transactions involving recyclable materials that consist of scrap paper, plastic, glass, textiles, or rubber to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations.
Deems transactions involving recyclable materials that consist of scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction.
Deems transactions involving recyclable materials that consist of spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries.
Deems transactions involving recyclable materials that consist of used oil to be arranging for recycling if the person involved did not mix such materials with a hazardous substance following the removal of the oil from service and demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material (or product made from the material) could have been a replacement for a virgin raw material; (3) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; and (4) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act.
Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material.
(Sec. 310) Sets forth provisions regarding an allocation process to determine equitable allocations of the costs of removal or remedial actions at eligible NPL facilities. Makes an action eligible for allocation if the action is at an NPL facility and: (1) the performance of such action is not the subject of a consent decree or an administrative order as of March 25, 1999; (2) the President's estimate of the cost of such action that has not been recovered by such date exceeds $2 million; and (3) there are response costs attributable to the Superfund share. Makes an action ineligible for allocation if: (1) the facility is located on a contiguous area of real property under common ownership or control; and (2) all of the potentially liable parties are current or former owners or operators of such facility unless the current owner is insolvent or defunct.
Sets forth requirements for the President in initiating the allocation process. Authorizes the President to initiate an allocation for any removal or remedial action at an NPL facility. Provides for selection of a neutral allocator selected by agreement of the parties..
Requires the President to provide an estimate of the aggregate Superfund share prior to selection of an allocator and to offer to contribute to a settlement of liability on the basis of such estimate.
Entitles the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings.
Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice.
Sets forth procedures for the allocation of response costs to Superfund by the allocator. Divides unattributable shares pro rata among the PRPs and Superfund.
Authorizes a group of PRPs to submit a private allocation to the allocator. Requires the allocator to adopt such allocation as the allocation report if: (1) the allocation is a binding allocation of at least 80 percent of the past, present, and future costs of the action; (2) the allocation does not allocate a share to a person who is not a signatory to the allocation; and (3) the allocation signatories waive their rights to seek recovery of removal or remedial costs or contribution with respect to the action from any other party at the facility.
Sets forth requirements for accepting settlements based on allocations. Makes such requirements inapplicable if the Administrator and the Attorney General reject the allocation report.
Sets forth conditions under which parties who satisfactorily perform work under an administrative abatement action order with respect to a removal or remedial action eligible for allocation shall be entitled to reimbursement for the costs of work performed in excess of the share allocated.
Title IV: Remedy Selection - Revises provisions regarding general rules for remedy selection. Directs the President, in assessing alternative remedial actions, to take into account the effectiveness of an action in making contaminated property available for beneficial use.
Requires the President to review the effectiveness of and compliance with any institutional controls related to an action during a site review required under current law.
Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President.
Directs the President, in selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Sets forth requirements for determining the reasonably anticipated uses of land, water, and groundwater. Permits assumptions restricting future uses to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria under this Act are identified.
Sets forth requirements, including those for institutional controls, with respect to remedial actions that allow hazardous substances to remain on-site at a facility above concentration levels that would be protective for unrestricted use. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures, except in extraordinary circumstances.
Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as a component of the remedy at facilities that are, or have been on the NPL.
Requires the Administrator to report annually to specified congressional committees on each record of decision signed during the previous fiscal year, the type of institutional controls and media affected, and the governmental unit designated to monitor, enforce, and ensure compliance with institutional controls.
(Sec. 402) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property and persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties.
(Sec. 403) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on relevant and reliable scientific and technical information; and (4) be based on an analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk.
Title V: General Provisions - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation, remedy selection, and voluntary cleanup programs. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well.
Requires the President to conduct a study of, and report to Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL.
(Sec. 503) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities.
(Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the President from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance.
(Sec. 505) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well.
(Sec. 506) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State.
(Sec. 507) Requires the Congressional Budget Office to conduct and submit to Congress a study of the potential costs to the Federal Government over the next 20 years from Federal liability for natural resource damages under CERCLA.
(Sec. 508) Provides that CERCLA liability provisions shall not be construed to preempt any claims under State law for contribution to or recovery of costs of responding to releases of hazardous substances.
(Sec. 509) Establishes Buy American requirements for entities receiving financial assistance under this Act or a law amended by this Act.
(Sec. 510) Requires the Administrator to develop and submit to Congress a plan to encourage U.S. companies to develop new technologies and methods to clean up NPL and other hazardous waste sites.
Title VI: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities.
Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities.
Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund.
(Sec. 602) Authorizes appropriations to Superfund for FY 2000 through 2007.
(Sec. 603) Authorizes appropriations for an independent analysis of the projected ten-year costs to EPA of implementing the programs authorized by CERCLA. Requires such cost analysis to be conducted by a neutral, nongovernmental organization with expertise in CERCLA.
Title VII: Revenues - Expresses the sense of the House Committee on Transportation and Infrastructure that: (1) the environmental taxes and taxes on chemicals and petroleum that provide revenues to Superfund be reinstated for 2000 through 2007; (2) the rate of tax and combination of taxes be commensurate with revenue needs; and (3) the taxes that provide revenues to Superfund may be reauthorized at a lower rate and may decline over time, subject to meeting the revenue needs.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1300 Additional Sponsors House (ASH)]
106th CONGRESS
1st Session
H. R. 1300
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to promote brownfields redevelopment, to
reauthorize and reform the Superfund program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 1999
Mr. Boehlert (for himself, Mr. Rahall, Mr. Barcia, Mr. Dooley of
California, Mr. Clyburn, Mr. Horn, Mr. Gilchrest, Mr. DeFazio, Mr.
Quinn, Mr. Traficant, Mr. Ehlers, Mr. Taylor of Mississippi, Mr. Bass,
Mrs. Tauscher, Mr. Gilman, Mr. Berry, Mr. Porter, Mr. Moran of
Virginia, Mr. Walsh, Mrs. Thurman, Mr. Leach, Mr. Matsui, Mr.
Sensenbrenner, Mr. Clement, Mr. Castle, Mr. Goss, Mrs. Johnson of
Connecticut, Mr. King, Mr. Cramer, Mrs. Biggert, Mr. Thune, Ms. Danner,
Mr. Cook, and Mr. McHugh) introduced the following bill; which was
referred to the Committee on Commerce, and in addition to the
Committees on Transportation and Infrastructure, and Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
June 15, 1999
Additional sponsors: Mr. Greenwood, Mr. Shows, Mr. Martinez, Mr.
Blumenauer, Mr. Ford, Mr. English, Mr. Pastor, Mr. Jefferson, Mr.
Holden, Mr. LaTourette, Mr. LaHood, Mr. Rangel, Mr. Dixon, Mrs. Fowler,
Mr. Smith of Washington, Mr. Hastings of Florida, Mr. Roemer, Mr.
Chambliss, Mr. Clay, Mr. Frelinghuysen, Mr. Bachus, Mr. Dicks, Mrs.
Jones of Ohio, Ms. Pryce of Ohio, Mr. Foley, Mrs. Emerson, Mr. Sherman,
Mr. Pitts, Mr. Wise, Mr. Goodling, Mr. Burton of Indiana, Ms.
Slaughter, Mr. Sweeney, Mr. Gordon, Mr. Costello, Mrs. Morella, Mr.
Latham, Mr. Peterson of Minnesota, Mr. Weiner, Mr. Hilliard, Mr. Petri,
Mr. Ney, Mr. Cummings, Mr. Bateman, and Mr. Duncan
_______________________________________________________________________
A BILL
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to promote brownfields redevelopment, to
reauthorize and reform the Superfund program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Recycle America's
Land Act of 1999''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
Sec. 3. Effective date.
TITLE I--BROWNFIELDS REVITALIZATION
Sec. 101. Savings provision.
Sec. 102. Brownfields.
Sec. 103. Assistance for voluntary cleanup programs.
Sec. 104. Enforcement in cases of a release subject to a State response
action.
Sec. 105. Additions to National Priorities List.
TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH
Subtitle A--Community Participation
Sec. 201. Improving citizen and community participation in
decisionmaking.
Sec. 202. Additional public involvement requirements.
Sec. 203. Technical assistance grants.
Sec. 204. Understandable presentation of materials.
Sec. 205. Public participation in removal actions.
Sec. 206. Community study.
Sec. 207. Definitions.
Subtitle B--Human Health
Sec. 221. Public health authorities.
Sec. 222. Indian health provisions.
Sec. 223. Hazard ranking system.
Sec. 224. Facility scoring.
TITLE III--LIABILITY REFORM
Sec. 301. Amendments to section 106.
Sec. 302. Amendments to section 107(a).
Sec. 303. Innocent parties.
Sec. 304. Statutory construction.
Sec. 305. Livestock treatment.
Sec. 306. Liability relief for small businesses, municipal solid waste,
sewage sludge, and municipal owners and
operators.
Sec. 307. Amendments to section 113.
Sec. 308. Liability of response action contractors.
Sec. 309. Amendments to section 122.
Sec. 310. Clarification of liability for recycling transactions.
Sec. 311. Allocation.
TITLE IV--REMEDY SELECTION
Sec. 401. Remedy selection.
Sec. 402. Hazardous substance property use.
Sec. 403. Risk assessment standards.
TITLE V--GENERAL PROVISIONS
Sec. 501. Trust Fund defined.
Sec. 502. Indian tribes.
Sec. 503. Grants for training and education of workers.
Sec. 504. State cost share.
Sec. 505. State and local reimbursement for response actions.
Sec. 506. State role at Federal facilities.
Sec. 507. Federal cost study.
Sec. 508. Oil Pollution Act.
TITLE VI--FUNDING
Subtitle A--Expenditures From the Hazardous Substance Superfund
Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
Subtitle B--Extension of Hazardous Substance Superfund
Sec. 611. Extension of Hazardous Substance Superfund.
SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act, and the
amendments made by this Act, shall become effective on the date of the
enactment of this Act.
TITLE I--BROWNFIELDS REVITALIZATION
SEC. 101. SAVINGS PROVISION.
Nothing in this title (including the amendments made by this title)
may be construed to affect the President's authority to respond to a
release or threatened release of a hazardous substance, pollutant, or
contaminant under section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
SEC. 102. BROWNFIELDS.
(a) In General.--Title I (42 U.S.C. 9601 et seq.) is amended by
adding at the end the following:
``SEC. 127. BROWNFIELDS.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Administrative cost.--The term `administrative cost'
does not include the cost of--
``(A) site inventories;
``(B) investigation and identification of the
extent of contamination;
``(C) design and performance of a response action;
or
``(D) monitoring of natural resources.
``(2) Brownfield facility.--
``(A) In general.--The term `brownfield facility'
means real property with respect to which expansion,
development, or redevelopment is complicated by the
presence or potential presence of a hazardous
substance.
``(B) Excluded facilities.--The term `brownfield
facility' does not include--
``(i) any portion of real property that is
the subject of an ongoing removal or planned
removal under section 104;
``(ii) any portion of real property that is
listed or has been proposed for listing on the
National Priorities List;
``(iii) any portion of real property with
respect to which a cleanup is proceeding under
a permit, an administrative order, or a
judicial consent decree entered into by the
United States or an authorized State under this
Act, the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Toxic
Substances Control Act (15 U.S.C. 2601 et
seq.), or the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
``(iv) a facility that is owned or operated
by a department, agency, or instrumentality of
the United States, except a facility located on
lands held in trust for an Indian tribe; or
``(v) a portion of a facility for which
assistance for response activity has been
obtained under subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.) from the
Leaking Underground Storage Tank Trust Fund
established under section 9508 of the Internal
Revenue Code of 1986.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity'
means--
``(i) a State or a political subdivision of
a State, including--
``(I) a general purpose unit of
local government; and
``(II) a regional council or group
of general purpose units of local
government;
``(ii) a redevelopment agency that is
chartered or otherwise sanctioned by a State or
other unit of government; and
``(iii) an Indian tribe.
``(B) Excluded entities.--The term `eligible
entity' does not include any entity that is not in full
compliance with the requirements of an administrative
order, judicial consent decree, or closure plan under a
permit which has been issued or entered into by the
United States or an authorized State under this Act,
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), the Toxic Substances Control Act (15 U.S.C.
2601 et seq.), or the Safe Drinking Water Act (42
U.S.C. 300f et seq.) with respect to the real property
or portion thereof which is the subject of the order,
judicial consent decree, or closure plan.
``(b) Brownfield Assessment Grant Program.--
``(1) Establishment of program.--The President shall
establish a program to provide grants to eligible entities for
inventory and assessment of brownfield facilities.
``(2) Assistance for site assessment.--On approval of an
application made by an eligible entity, the President may make
grants to the eligible entity to be used for developing an
inventory and conducting an assessment of 1 or more brownfield
facilities.
``(3) Applications.--
``(A) In general.--Any eligible entity may submit
an application to the President, in such form as the
President may require, for a grant under this
subsection for 1 or more brownfield facilities.
``(B) Application requirements.--An application for
a grant under this subsection shall include information
relevant to the ranking criteria established under
paragraph (4) for the facility or facilities for which
the grant is requested.
``(4) Ranking criteria.--The President shall establish a
system for ranking grant applications submitted under this
subsection that includes the following criteria:
``(A) The demonstrated need for Federal assistance.
``(B) The extent to which a grant will stimulate
the availability of other funds for environmental
remediation and subsequent redevelopment of the area in
which the brownfield facilities are located.
``(C) The estimated extent to which a grant would
facilitate the identification of or facilitate a
reduction in health and environmental risks.
``(D) The potential to stimulate economic
development of the area, such as the following:
``(i) The relative increase in the
estimated fair market value of the area as a
result of any necessary response action.
``(ii) The potential of a grant to create
new or expand existing business and employment
opportunities on completion of any necessary
response action.
``(iii) The estimated additional tax
revenues expected to be generated by economic
redevelopment in the area in which a brownfield
facility is located.
``(E) The financial involvement of the State and
local government in any response action planned for a
brownfield facility and the extent to which the
response action and the proposed redevelopment is
consistent with any applicable State or local community
economic development plan.
``(F) The extent to which the site assessment and
subsequent development involves the active
participation and support of the local community.
``(5) Maximum grant amount per facility.--A grant made to
an eligible entity under this subsection shall not exceed
$200,000 with respect to any brownfield facility covered by the
grant.
``(c) Brownfield Remediation Grant Program.--
``(1) Establishment of program.--The President shall
establish a program to provide grants to eligible entities to
be used for capitalization of revolving loan funds for remedial
actions at brownfield facilities.
``(2) Assistance for site remediation.--Upon approval of an
application made by an eligible entity, the President may make
grants to the eligible entity to be used for establishing a
revolving loan fund. Any fund established using such grants
shall be used to make loans to a State, a site owner, or a site
developer for the purpose of carrying out remedial actions at 1
or more brownfield facilities.
``(3) Applications.--
``(A) In general.--Any eligible entity may submit
an application to the President, in such form as the
President may require, for a grant under this
subsection.
``(B) Application requirements.--An application
under this section shall include information relevant
to the ranking criteria established under paragraph
(4).
``(4) Ranking criteria.--The President shall establish a
system for ranking grant applications submitted under this
subsection that includes the following criteria:
``(A) The adequacy of the financial controls and
resources of the eligible entity to administer a
revolving loan fund in accordance with this title.
``(B) The ability of the eligible entity to monitor
the use of funds provided to loan recipients under this
title.
``(C) The ability of the eligible entity to ensure
that a remedial action funded by the grant will be
conducted under the authority of a State cleanup
program that ensures that the remedial action is
protective of human health and the environment.
``(D) The ability of the eligible entity to ensure
that any cleanup funded under this Act will comply with
all laws that apply to the cleanup.
``(E) The need of the eligible entity for financial
assistance to clean up brownfield sites that are the
subject of the application, taking into consideration
the financial resources available to the eligible
entity.
``(F) The ability of the eligible entity to ensure
that the applicants repay the loans in a timely manner.
``(G) The plans of the eligible entity for using
the grant to stimulate economic development or creation
of recreational areas on completion of the cleanup.
``(H) The plans of the eligible entity for using
the grant to stimulate the availability of other funds
for environmental remediation and subsequent
redevelopment of the area in which the brownfield
facilities are located.
``(I) The plans of the eligible entity for using
the grant to facilitate a reduction of health and
environmental risks.
``(J) The plans of the eligible entity for using
the grant for remediation and subsequent development
that involve the active participation and support of
the local community.
``(5) Maximum grant amount.--A grant made to an eligible
entity under this subsection may not exceed $1,000,000.
``(d) General Provisions.--
``(1) Prohibition.--No part of a grant under this section
may be used for the payment of penalties, fines, or
administrative costs.
``(2) Audits.--The President shall audit an appropriate
number of grants made under subsections (b) and (c) to ensure
that funds are used for the purposes described in this section.
``(3) Agreements.--
``(A) Terms and conditions.--Each grant made under
this section shall be subject to an agreement that--
``(i) requires the eligible entity to
comply with all applicable Federal and State
laws;
``(ii) requires the eligible entity to use
the grant exclusively for the purposes
specified in subsection (b)(2) or (c)(2);
``(iii) in the case of an application by a
State under subsection (c)(2), requires payment
by the State of a matching share, of at least
50 percent of the amount of the grant, from
other sources of funding;
``(iv) requires that grants under this
section will not supplant State or local funds
normally provided for the purposes specified in
subsection (b)(2) or (c)(2); and
``(v) contains such other terms and
conditions as the President determines to be
necessary to ensure proper administration of
the grants.
``(B) Limitation.--The President shall not place
terms or conditions on grants made under this section
other than the terms and conditions specified in
subparagraph (A).
``(4) Leveraging.--An eligible entity that receives a grant
under this section may use the funds for part of a project at a
brownfield facility for which funding is received from other
sources, including other Federal sources, but the grant shall
be used only for the purposes described in subsection (b)(2) or
(c)(2).
``(e) Approval.--
``(1) Initial grant.--Before the expiration of the fourth
quarter of the first fiscal year following the date of the
enactment of this section, the President shall make grants
under this section to eligible entities and States that submit
applications, before the expiration of the second quarter of
such year, that the President determines have the highest
rankings under the ranking criteria established under
subsection (b)(4) or (c)(4).
``(2) Subsequent grants.--Beginning with the second fiscal
year following the date of enactment of this section, the
President shall make an annual evaluation of each application
received during the prior fiscal year and make grants under
this section to eligible entities and States that submit
applications during the prior year that the President
determines have the highest rankings under the ranking criteria
established under subsection (b)(4) or (c)(4).
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary.
Such funds shall remain available until expended.''.
SEC. 103. ASSISTANCE FOR VOLUNTARY CLEANUP PROGRAMS.
(a) State Response Programs.--Title I (42 U.S.C. 9601 et seq.) is
further amended by adding at the end the following:
``SEC. 128. STATE VOLUNTARY CLEANUP PROGRAMS.
``(a) Assistance to States.--The Administrator may provide
technical and other assistance to States to establish and expand State
voluntary cleanup programs.
``(b) Eligible Purposes.--The purposes for which assistance may be
provided under subsection (a) include the following:
``(1) Providing technical assistance for response actions.
``(2) Providing adequate opportunities for public
participation, including prior notice and opportunity for
comment in appropriate circumstances, in selecting response
actions.
``(3) Developing streamlined procedures to ensure
expeditious response actions.
``(4) Providing oversight and enforcement of response
actions.
``(c) Prohibition on Conditions.--A State may request assistance
under this section for 1 or more eligible purposes. The President may
require that such assistance be used to carry out the eligible purposes
for which the assistance is provided, but may not require as a
condition of such assistance that the State take actions unrelated to
such purposes.''.
(b) Funding.--Section 111 (42 U.S.C. 9611) is amended by adding at
the end the following:
``(q) State Voluntary Cleanup Program.--For each of fiscal years
2000 through 2004, not more than $25,000,000 of the amounts available
in the Fund may be used for assistance to States under section 130
during the first 5 full fiscal years following the date of enactment of
this subsection. The amount of such assistance shall be distributed
among each of the States that notifies the Administrator of the State's
intent to establish a State voluntary cleanup program and each of the
States with a State voluntary cleanup program. Subject to
appropriations from the Fund, the Administrator shall make for each
fiscal year to each State voluntary cleanup program a grant in the
amount of at least $250,000.''.
SEC. 104. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE RESPONSE
ACTION.
Title I (42 U.S.C. 9601 et seq.) is further amended by adding at
the end the following:
``SEC. 129. ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO A STATE
RESPONSE ACTION.
``(a) Enforcement.--Except as provided in subsection (b), in the
case of a facility that is not listed or proposed for listing on the
National Priorities List and at which there is a release or threatened
release of a hazardous substance, neither the President nor any other
person (other than a State) may use authority under this Act against
any person who is conducting or has completed a response action in
compliance with a State law that specifically governs response actions
for the protection of public health and the environment--
``(1) to take an administrative enforcement action under
section 106;
``(2) to take a judicial enforcement action under section
107 of 113; or
``(3) to bring a private civil action under section 107 or
113;
regarding any release or threatened release that is addressed by such
response action.
``(b) Exceptions.--The President may bring an administrative
enforcement action or a judicial enforcement action under this Act with
respect to a facility described in subsection (a) if--
``(1) the State requests the President to take such action;
``(2) the President determines that--
``(A) response actions are immediately required to
prevent, limit, or mitigate an emergency;
``(B) there is an immediate risk to public health
or welfare or the environment; and
``(C) the State will not take the necessary
response actions in a timely manner;
``(3) the Agency for Toxic Substances and Disease Registry
issues a public health advisory with respect to the facility;
or
``(4) the President determines that contamination has
migrated across a State line, resulting in the need for further
response action to protect human health or the environment.''.
SEC. 105. ADDITIONS TO NATIONAL PRIORITIES LIST.
(a) NPL Deferrals.--Section 105 (42 U.S.C. 9605) is amended by
adding at the end the following:
``(h) NPL Deferrals.--
``(1) Deferrals to other federal authority.--The President
generally shall defer listing a facility on the National
Priorities List if long-term remedial action will be conducted under
other Federal authorities, including the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.), the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.), and the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).
``(2) Deferral to state response action.--The President
generally shall defer listing a facility on the National
Priorities List if remedial action that will provide long-term
protection of human health and the environment is underway at
that facility under a State response program.
``(3) Encouraging state voluntary cleanups.--At the request
of a State, the President shall defer final listing of a
facility on the National Priorities List if the State is
attempting to obtain an agreement from a person or persons to
perform a remedial action that will provide long-term
protection of human health and the environment at such facility
under a State response program. If, after the last day of the
1-year period beginning on the date that the President proposes
to list the facility on the National Priorities List, the
President finds that the State is not making reasonable
progress toward obtaining such an agreement, the President may
place such facility on the National Priorities List.''.
(b) Cross Reference.--Section 105(a)(8)(B) (42 U.S.C.
9605(a)(8)(B)) is amended by inserting after ``shall revise the list''
the following: ``, subject to subsection (h),''.
TITLE II--COMMUNITY PARTICIPATION AND HUMAN HEALTH
Subtitle A--Community Participation
SEC. 201. IMPROVING CITIZEN AND COMMUNITY PARTICIPATION IN
DECISIONMAKING.
(a) Technical Amendments.--Section 117 (42 U.S.C. 9617) is
amended--
(1) in subsection (a)--
(A) by striking ``Proposed Plan'' and inserting
``Proposed plan'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by striking ``under paragraph (1)'' and
inserting ``under subparagraph (A)'';
(2) by redesignating subsection (a) as paragraph (4) and
moving the text of such paragraph 2 ems to the right;
(3) in subsection (b) by striking ``Final Plan'' and
inserting ``Final plan'';
(4) in subsection (c)--
(A) by striking ``Explanation of Differences'' and
inserting ``Explanation of differences''; and
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively; and
(5) by redesignating subsections (b) and (c) as paragraphs
(6) and (7) and moving the text of such paragraphs 2 ems to the
right.
(b) Participation in Decisionmaking.--
(1) Improving citizen and community participation in
decisionmaking.--Section 117 (42 U.S.C. 9617) is further
amended by inserting after the section heading the following:
``(a) Improving Citizen and Community Participation in
Decisionmaking.--
``(1) In general.--In order to provide an opportunity for
meaningful public participation at every significant phase of a
response action at a covered facility, the President shall take
the actions specified in this subsection. Public meetings
required under this subsection shall be designed to obtain
information from the community and to disseminate information
to the community concerning the President's activities at a
covered facility.
``(2) Preliminary assessment and site inspection.--
``(A) Evaluation of concerns.--To the extent
practicable, before or during site inspection, the
President shall solicit and evaluate concerns,
interests, and information from affected Indian Tribes,
the affected community, local government officials, and
State and local health officials.
``(B) Requirements for evaluation.--An evaluation
under subparagraph (A) shall include, as appropriate,
face-to-face community surveys to identify the location
of private drinking water wells, potential exposure
pathways, including historic and current or potential
use of water, and other environmental resources in the
community; a public meeting; written responses to
significant concerns; and other appropriate
participatory activities.
``(3) Remedial investigation and feasibility study.--
``(A) Public meetings.--The President shall
provide, as appropriate, an opportunity for public
meetings and publish a notice of such meetings before
or during the remedial investigation and feasibility
study.
``(B) Solicitation of views.--During the remedial
investigation and feasibility study, the President
shall solicit the views and preferences of affected
Indian tribes, the affected community, local government
officials, and State and local health officials on the
remediation and disposition of hazardous substances,
pollutants, or contaminants at the facility. Such views
and preferences shall be described in the remedial
investigation and feasibility study and considered in
the screening of remedial alternatives for the
facility.''.
(2) Completion of work plan.--Section 117(a) (42 U.S.C.
9617(a)) is amended by inserting after paragraph (4) of such
section, as redesignated by subsection (a)(2) of this section,
the following:
``(5) Completion of work plan.--The President shall
provide, as appropriate, an opportunity for public meetings and
publish a notice of such meetings before or during the
completion of the work plan for the remedial design and
remedial action.''.
(c) Alternatives; Selecting Appropriate Activities; Providing
Information.--Section 117(a) (42 U.S.C. 9617(a)) is amended by
inserting after paragraph (7) of such section, as redesignated by
subsection (a)(5) of this section, the following:
``(8) Alternatives.--Pursuant to paragraph (4), affected
Indian tribes, the affected community, local government
officials, and State and local health officials may propose
remedial alternatives to the President. The President shall
consider such alternatives in the same manner as the President
considers alternatives proposed by other parties.
``(9) Selecting appropriate activities.--In determining
which of the activities set forth in paragraph (2) may be
appropriate, the President may consult with affected Indian
tribes, the affected community, local government officials, and
State and local health officials.
``(10) Providing information.--
``(A) In general.--The President shall provide
information to affected Indian tribes, the affected
community, local government officials, and State and
local health officials at every significant phase of
the response action at the covered facility.
``(B) Notice.--The President, on a regular basis,
shall inform the entities specified in subparagraph (A)
of the progress and substance of technical meetings
between the lead agency and potentially responsible
parties regarding a covered facility and shall provide
notice to such entities concerning--
``(i) the schedule for commencement of
construction activities at the covered facility
and the location and availability of
construction plans;
``(ii) the results of any review under
section 121(c) and any modifications to the
covered facility made as a result of the
review; and
``(iii) the execution of and any revisions
to institutional controls being used as part of
a remedial action.''.
SEC. 202. ADDITIONAL PUBLIC INVOLVEMENT REQUIREMENTS.
Section 117 (42 U.S.C. 9617) is amended by inserting after
subsection (a), as amended by section 201 of this Act, the following:
``(b) Additional Public Involvement Requirements.--
``(1) Availability of records.--The President shall make
records relating to a response action at a covered facility
available to the public throughout all phases of the response
action. Such information shall be made available to the public
for inspection and copying without the need to file a formal
request, subject to reasonable service charges as appropriate.
This paragraph shall not apply to a record that is exempt from
disclosure under section 552 of title 5, United States Code.
``(2) Requirements for public information.--
``(A) Presentation.--The President, in carrying out
responsibilities under this Act, shall ensure that the
presentation of information on risk is unbiased and
informative and clearly discloses any uncertainties and
data gaps. To the extent feasible, documents made
available to the general public which purport to
describe the degree of risk to human health shall
state, at a minimum--
``(i) the population or populations
addressed by any risk estimates;
``(ii) the expected risk or central
estimate of risk for the specific population;
``(iii) any appropriate upperbound and
lowerbound estimates; and
``(iv) the reasonable range or other
description of uncertainties in the assessment
process.
``(B) Comparisons of risk.--To the extent
practicable and appropriate, the Administrator shall
provide comparisons of the level of risk from hazardous
substances found at facilities to the levels of risk
from hazardous substances ordinarily encountered by the
general public through other routes of exposure.''.
SEC. 203. TECHNICAL ASSISTANCE GRANTS.
Section 117 (42 U.S.C. 9617) is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(2) by striking subsection (d) as so redesignated and
inserting the following:
``(d) Technical Assistance Grants.--
``(1) Authority.--In accordance with rules to be
promulgated by the Administrator, the Administrator may make
grants for technical assistance available to any affected
community with respect to--
``(A) a covered facility;
``(B) a facility at which the Administrator is
undertaking a response action anticipated to exceed 1
year; or
``(C) a facility at which the funding limit under
section 104 is anticipated to be reached.
``(2) Special rules.--
``(A) Federal share.--No matching contribution
shall be required for a grant under this subsection.
``(B) Advance payments.--The Administrator may make
available to a recipient of a grant under this
subsection in advance of the expenditures to be covered
by the grant the lesser of $5,000 or 10 percent of the
total amount of the grant.
``(3) Grant availability.--The Administrator shall promptly
notify residents and Indian tribes living near a covered
facility that technical assistance grants are available under
this section.
``(4) Number of grants per facility.--
``(A) In general.--Except as otherwise provided in
this paragraph, the Administrator may not make more
than 1 grant under this subsection with respect to a
single facility.
``(B) Renewal of grants.--A grant made under this
subsection with respect to a facility may be renewed to
facilitate public participation at all stages of a
response action.
``(C) Special rule.--In exceptional circumstances,
the Administrator may provide more than 1 grant under
this subsection with respect to a single facility,
considering such factors as the area affected by the
facility and the distances between affected
communities.
``(5) Funding amount.--
``(A) In general.--Except as provided in
subparagraph (B), the amount of a grant under this
subsection may not exceed $50,000 for a single grant
recipient.
``(B) Additional funds.--The Administrator may
increase the amount of a grant under this subsection
if--
``(i) the grant recipient demonstrates that
the characteristics of a facility indicate that
additional funds are necessary due to the
complexity of the response action, including
the size and complexity of the facility, or the
nature or volume of site-related information;
and
``(ii) the Administrator finds that the
grant recipient's management of a previous
grant under this subsection, if any, was
satisfactory, and the costs incurred under the
grant were allowable and reasonable.
``(6) Simplification.--To ensure that the application
process is accessible to all affected citizens, the
Administrator shall review the existing guidelines and
application procedures for grants under this subsection and,
not later than 180 days after the date of the enactment of this
paragraph, revise, as appropriate, such guidelines and
procedures to simplify the process of obtaining such grants.
``(7) Authorized grant activities.--
``(A) Information and participation.--To facilitate
full participation by a grant recipient in response
activities at a facility, a grant made under this
subsection may be used to obtain technical assistance,
including the hiring of health and safety experts, in
interpreting information for, and disseminating
information to, members of the community, and in
providing information and recommendations to the
President, with regard to--
``(i) the nature of the hazard at a
facility, including information used to rank
facilities according to the Hazard Ranking
System;
``(ii) sampling and monitoring plans;
``(iii) the remedial investigation and
feasibility study;
``(iv) the record of decision;
``(v) the selection, design, and
construction of the remedial action;
``(vi) operation and maintenance;
``(vii) institutional controls;
``(viii) removal activities at the
facility; and
``(ix) health assessment or health studies.
``(B) Additional activities.--In addition to the
activities specified in subparagraph (A), not more than
10 percent of the amount of a grant under this
subsection may be used for educational training, hiring
neutral professionals to facilitate deliberations and
consensus efforts, and hiring community liaisons to
potentially responsible parties and government agencies
to facilitate public participation at the facility.
``(C) Availability of information.--Information
generated by the recipients of grants under this
subsection shall be made publicly available.
``(D) Limitation.--Grants made under this
subsection may not be used for the purposes of
collecting field sampling data.
``(8) Non-site-specific grants.--In accordance with rules
to be promulgated by the Administrator, the Administrator may
make grants under this subsection to Indian tribes, nonprofit
organizations, and citizens groups to enhance their
participation, prior to final agency action, in rulemaking
processes carried out in accordance with this Act. Total
funding for all such grants shall not exceed $100,000.
``(9) Representative of the community.--The Administrator
shall publish guidance for determining whether a recipient of a
grant under this subsection is a legitimate representative of
the community affected by a facility.''.
SEC. 204. UNDERSTANDABLE PRESENTATION OF MATERIALS.
Section 117 (42 U.S.C. 9617) is further amended by adding at the
end the following:
``(e) Understandable Presentation of Materials.--The President
shall ensure that information prepared for distribution to the public
under this section shall be provided or summarized in a manner that may
be easily understood by the community, considering any unique cultural
needs of the community, including presentation of information orally
and distribution of information in languages other than English, as
appropriate.''.
SEC. 205. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.
Section 117 (42 U.S.C. 9617) is further amended by adding at the
end the following:
``(f) Public Participation in Removal Actions.--In the case of a
removal action taken in accordance with section 104, the President
shall provide opportunities for meaningful public participation as
follows:
``(1) Removal actions where on-site activities must begin
in less than 6 months.--In the case of a removal action where
on-site activities must begin in less than 6 months, the
President shall--
``(A) publish a notice of availability of the
administrative record established under section 113(k)
in a local newspaper of general circulation within 60
days of any on-site removal activity;
``(B) provide a public comment period, as
appropriate, of not less than 30 days from the date on
which the administrative record is made available for
public inspection; and
``(C) prepare a written response to comments.
``(2) Removal actions where on-site activities will extend
beyond 120 days.--In the case of a removal action where on-site
activities are expected to extend beyond 120 days, the
President shall--
``(A) conduct interviews with the Community
Advisory Group, if any, affected Indian tribes, the
affected community, local government officials, and
State and local health officials, as appropriate, to
solicit their concerns, information needs, and how or
when the affected community would like to become
involved in the response action;
``(B) prepare a formal community relations plan
based on the community interviews and other relevant
information, specifying the community relations
activities that the President expects to undertake
during the response; and
``(C) establish at least 1 local information
repository at or near the location of the response
action.
The information repository shall contain items made available
for public information and the administrative record. The
President shall inform the affected community of the
establishment of the information repository and provide a
notice of availability of the administrative record for public
review. All items in the repository shall be available for
public inspection and copying.
``(3) Removal actions where planning period will extend
beyond 6 months.--In the case of a removal action where the
planning period is expected to extend beyond 6 months, the
President shall--
``(A) comply with the requirements of paragraph
(2);
``(B) provide a notice of availability of and a
brief description of the removal engineering evaluation
and cost analysis in a local newspaper of general
circulation;
``(C) provide a reasonable opportunity, not less
than 30 days, for submission of written and oral
comments after completion of the engineering evaluation
and cost analysis; and
``(D) prepare a written response to significant
comments.''.
SEC. 206. COMMUNITY STUDY.
Section 117 (42 U.S.C. 9617) is further amended by adding at the
end the following:
``(g) Community Study.--
``(1) Report by the administrator.--Not later than 2 years
after the date of the enactment of this Act, the Administrator
shall prepare and submit to Congress a community study. The
Administrator shall periodically update the study. The
Administrator shall ensure that copies of such studies are made
available to the public.
``(2) Contents of the report.--The Administrator's report
shall include an analysis of--
``(A) the duration of time between the discovery
and listing of a facility;
``(B) the timing and nature of response actions;
``(C) the degree to which public views are
reflected in response actions;
``(D) future land use determinations and use of
institutional controls;
``(E) the population, race, ethnicity, and income
characteristics of each community affected by each
facility listed or proposed for listing on the National
Priorities List; and
``(F) the risk presented by each such facility.
``(3) Evaluation.--The Administrator shall evaluate the
information in the study to determine whether priority setting,
response actions, and public participation requirements were
conducted in a fair and equitable manner and identify program
areas that require improvements or modification.
``(4) Actions based on evaluation.--The Administrator shall
institute necessary improvements or modifications to address
any deficiencies identified by the study prepared under this
section.''.
SEC. 207. DEFINITIONS.
Section 117 (42 U.S.C. 9617) is further amended by adding at the
end the following:
``(h) Definitions.--In this section, the following definitions
apply:
``(1) Covered facility.--The term `covered facility' means
a facility that has been listed or proposed for listing on the
National Priorities List.
``(2) Affected community.--The term `affected community'
means any group of 2 or more individuals (including
representatives of Indian tribes) which may be affected by a
release or threatened release of a hazardous substance,
pollutant, or contaminant at a covered facility.''.
Subtitle B--Human Health
SEC. 221. PUBLIC HEALTH AUTHORITIES.
(a) Disease Registry and Medical Care Providers.--Section 104(i)(1)
(42 U.S.C. 9604(i)(1)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) in cooperation with the States, for scientific
purposes and public health purposes, establish and maintain a
national registry of persons exposed to toxic substances;'';
and
(2) in subparagraph (E) by striking ``admission to
hospitals and other facilities and services operated or
provided by the Public Health Service'' and inserting
``referral to licensed or accredited health care providers''.
(b) Substance Profiles.--Paragraph (3) of section 104(i) (42 U.S.C.
9604(i)(3)) is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by striking ``Any toxicological profile or revision
thereof'' and all that follows through the period at the end of
such paragraph and inserting the following:
``(B) Any toxicological profile or revision thereof shall reflect
the Administrator of ATSDR's assessment of all relevant toxicological
testing which has been peer reviewed. The profiles prepared under this
paragraph shall be for those substances highest on the list of
priorities under paragraph (2) for which profiles have not previously
been prepared or for substances not on the listing but which have been
found at facilities for which there has been a response action under
this Act and which have been determined by ATSDR to be of health
concern. Profiles required under this paragraph shall be revised and
republished, as appropriate, based on scientific development. Such
profiles shall be provided to the States, including State health
departments, tribal health officials, and local health departments, and
made available to other interested parties.''.
(c) Determining Health Effects.--Section 104(i)(5)(A) (42 U.S.C.
9604(i)(5)(A)) is amended--
(1) by striking ``designed to determine the health effects
(and techniques for development of methods to determine such
health effects) of such substance.'' and inserting ``conducted
directly or by means such as cooperative agreements and grants
with appropriate public and nonprofit institutions. The
research shall be designed to determine the health effects of
the substance and techniques for development of methods to
determine such health effects.'';
(2) by redesignating clause (iv) as clause (v);
(3) by striking ``and'' at the end of clause (iii); and
(4) by inserting after clause (iii) the following:
``(iv) laboratory and other studies which can lead to the
development of innovative techniques for predicting organ-
specific, site-specific, and system-specific acute and chronic
toxicity; and''.
(d) Public Health at NPL Facilities.--
(1) Preliminary public health assessments.--Section
104(i)(6) (42 U.S.C. 9604(i)(6)) is amended by striking
``(6)(A)'' and all that follows through the period at the end
of subparagraph (A) and inserting the following:
``(6)(A)(i) The Administrator of ATSDR shall perform a preliminary
public health assessment for each facility, including those facilities
owned by any department, agency, or instrumentality of the United
States, on the National Priorities List and those sites that are the
subject of a petition under subparagraph (B). The preliminary public
health assessment shall be commenced as soon as practicable after each
facility is proposed for inclusion on the National Priorities List or
ATSDR accepts a petition for a health assessment. Where ATSDR, in
consultation with local public health officials, determines it is
indicated by the preliminary public health assessment, ATSDR shall
conduct a public health assessment of those sites posing a health
hazard, which should be considered in selecting the remedial action.
``(ii) The Administrator of ATSDR shall design public health
assessments that take into account the needs and conditions of the
affected community, in cooperation with States.
``(iii) The Administrator of the Environmental Protection Agency
shall place highest priority on facilities with releases of hazardous
substances which result in actual ongoing human exposures at levels of
public health concern or adverse health effects as identified in a
public health assessment conducted by the ATSDR or are reasonably
anticipated based on currently known facts.''.
(2) Strategies for obtaining data; community involvement.--
Section 104(i)(6)(D) (42 U.S.C. 9604(i)(6)(D)) is amended--
(A) by inserting ``(i)'' after ``(D)''; and
(B) by adding at the end the following:
``The President and the Administrator of ATSDR shall develop strategies
to obtain relevant on-site and off-site characterization data for use
in the health assessment. The President shall, to the maximum extent
practicable, provide the Administrator of ATSDR with the data and
information necessary to make public health assessments sufficiently
prior to the choice of remedial actions to allow ATSDR to complete
these assessments. Where deemed appropriate, the Administrator of ATSDR
shall provide to the President as soon as practicable after site
discovery, recommendations for sampling environmental media for
hazardous substances of public health concern. To the extent feasible,
the President shall incorporate such recommendations into the
President's site investigation activities.
``(ii) In order to improve community involvement in health
assessments, the Administrator of ATSDR shall carry out each of the
following duties:
``(I) The Administrator of ATSDR shall collect from
Community Assistance Groups, from State and local public health
authorities, and from other sources in communities affected or
potentially affected by releases of hazardous substances data
regarding exposure, relevant human activities, and other
factors.
``(II) The Administrator of ATSDR shall design health
assessments that take into account the needs and conditions of
the affected community. Community-based research models,
building links to local expertise, and local health resources
should be used. In preparing such designs, emphasis shall be
placed on collection of actual exposure data, and sources of
multiple exposure shall be considered.''.
(3) Results of public health assessments.--Section
104(i)(6)(H) (42 U.S.C. 9604(i)(6)(H)) is amended by striking
``health assessment'' each place it appears and inserting
``public health assessment''.
(e) Health Studies.--Section 104(i)(7) (42 U.S.C. 9604(i)(7)) is
amended by striking ``(7)(A)'' and all that follows through the period
at the end of subparagraph (A) and inserting the following:
``(7)(A) Whenever in the judgment of the Administrator of ATSDR it
is appropriate on the basis of the results of a public health
assessment or on the basis of other appropriate information, the
Administrator of ATSDR shall conduct a human health study of exposure
or other health effects for selected groups or individuals in order to
determine the desirability of conducting full scale epidemiologic or
other health studies of the entire exposed population.''.
(f) Distribution of Materials to Health Professionals and Medical
Centers.--Section 104(i)(14) (42 U.S.C. 9604(i)(14)) is amended to read
as follows:
``(14) In implementing this subsection and other health-related
provisions of this Act in cooperation with the States, the
Administrator of ATSDR shall--
``(A) assemble, develop as necessary, and distribute to the
State and local health officials, tribes, medical colleges,
physicians, nursing institutions, nurses, and other health
professionals and medical centers, appropriate educational
materials (including short courses) on the medical
surveillance, screening, and methods of prevention, diagnosis,
and treatment of injury or disease related to exposure to
hazardous substances (giving priority to those listed in
paragraph (2)), through means the Administrator of ATSDR
considers appropriate; and
``(B) assemble, develop as necessary, and distribute to the
general public and to at-risk populations appropriate
educational materials and other information on human health
effects of hazardous substances.''.
(g) Grants, Contracts, and Community Assistance Activities.--
Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amended--
(1) by inserting ``(A)'' before ``The activities'';
(2) in the first sentence by striking ``cooperative
agreements with States (or political subdivisions thereof)''
and inserting ``grants, cooperative agreements, or contracts
with States (or political subdivisions thereof), other
appropriate public authorities, public or private institutions,
colleges, universities, and professional associations'';
(3) in the second sentence by inserting ``public'' before
``health assessments''; and
(4) by adding at the end the following:
``(B) When a public health assessment is conducted at a facility on
the National Priorities List, or a facility is being evaluated for
inclusion on the National Priorities List, the Administrator of ATSDR
may provide the assistance specified in this paragraph to public or
private nonprofit entities, individuals, and community-based groups
that may be affected by the release or threatened release of hazardous
substances in the environment.
``(C) The Administrator of ATSDR, pursuant to the grants,
cooperative agreements, and contracts referred to in this paragraph, is
authorized and directed to provide, where appropriate, diagnostic
services, health data registries and preventative public health
education to communities affected by the release of hazardous
substances.''.
(h) Peer Review Committee.--Section 104(i) (42 U.S.C. 6904(i)) is
amended by adding at the end the following:
``(19) The Administrator of ATSDR shall establish an external peer
review committee of qualified health scientists who serve for fixed
periods and meet periodically to--
``(A) provide guidance on initiation of studies;
``(B) assess the quality of study reports funded by the
agency; and
``(C) provide guidance on effective and objective risk
characterization and communication.
The peer review committee may include additional specific experts
representing a balanced group of stakeholders on an ad hoc basis for
specific issues. Meetings of the committee should be open to the
public.''.
SEC. 222. INDIAN HEALTH PROVISIONS.
Section 104(i) (42 U.S.C. 9406(i)) is amended--
(1) in paragraph (1) by inserting ``the Indian Health
Service,'' after ``the Secretary of Transportation,'';
(2) in paragraph (5)(A) by inserting ``and the Indian
Health Service'' after ``Public Health Service'';
(3) in paragraph (6)(C) by inserting ``where low population
density is not used as an excluding risk factor'' after
``health appears highest'';
(4) by adding at the end of paragraph (6)(E) the following:
``If the Administrator of ATSDR or the Administrator of EPA
does not act on the recommendations of the State, the
Administrators must respond in writing to the State or tribe as
to why they have not acted on the recommendations.'';
(5) in paragraph (6)(F)--
(A) by striking ``and'' after ``emissions,''; and
(B) by inserting ``, and any other pathways
resulting from subsistence activities'' after ``food
chain contamination''; and
(6) by striking the period at the end of paragraph (6)(G)
and inserting the following: ``, and may give special
consideration, where appropriate, to any practices of the
affected community that may result in increased exposure to
hazardous substances, pollutants, or contaminants, such as
subsistence hunting, fishing, and gathering.''.
SEC. 223. HAZARD RANKING SYSTEM.
Section 105(c) (42 U.S.C. 9605(c)) is amended by adding at the end
the following:
``(5) Risk prioritization.--In setting priorities under
subsection (a)(8), the President shall place highest priority
on facilities with releases of hazardous substances which
result in actual ongoing human exposures at levels of public
health concern or demonstrated adverse health effects as
identified in a health assessment conducted by the Agency for
Toxic Substances and Disease Registry or are reasonably
anticipated based on currently known facts.
``(6) Prior response action.--Any evaluation under this
section shall take into account all prior response actions
taken at a facility.''.
SEC. 224. FACILITY SCORING.
Section 105 (42 U.S.C. 9605) is amended by adding at the end the
following:
``(h) Facility Scoring.--The Administrator shall evaluate areas,
such as Indian reservations or poor rural communities that warrant
special attention and identify up to 5 facilities in each region of the
Environmental Protection Agency that are likely to warrant inclusion on
the National Priorities List. These facilities shall be accorded a
priority in evaluation for National Priorities List listing and
scoring, and shall be evaluated for listing within 2 years after the
date of enactment of this subsection.''.
TITLE III--LIABILITY REFORM
SEC. 301. AMENDMENTS TO SECTION 106.
(a) Administrative Orders.--Section 106(a) (42 U.S.C. 9606(a)) is
amended by adding at the end the following: ``No order may be issued
under this section against any person who would not be liable for costs
or damages referred to in section 107(a). In any case in which the
President issues an order to a person under this subsection, the
President shall provide information concerning the evidence that
indicates that each element of liability contained in section 107(a) is
present.''.
(b) Sufficient Cause.--Section 106(b)(1) (42 U.S.C. 9606(b)(1)) is
amended--
(1) by inserting ``(A)'' after ``(b)(1)'';
(2) by striking ``to enforce such order'';
(3) by inserting before the period ``, or be required to
comply with such order, or both, even if another person has
complied, or is complying, with the terms of the same order or
another order pertaining to the same facility and release or
threatened release''; and
(4) by inserting at the end the following:
``(B) For purposes of this subsection and section 107(c)(3), a
`sufficient cause' includes an objectively reasonable belief by the
person to whom the order is issued that--
``(i) the person is not liable for any response costs under
section 107; or
``(ii) that the action to be performed pursuant to the
order is inconsistent with the national contingency plan.''.
(c) Limitation on Liable Parties.--Section 106 is further amended
by adding at the end the following:
``(d) Limitation on Liable Parties.--No Federal agency or
department with authority to use the imminent hazard, enforcement, and
emergency response authorities under this section may use such
authorities with respect to a release or threatened release for which
such agency or department is a potentially responsible party under
section 107.''
SEC. 302. AMENDMENTS TO SECTION 107(A).
(a) In General.--Section 107 (42 U.S.C. 9607) is amended by
striking the section heading, the section designation, and subsection
(a) and inserting the following:
``SEC. 107. LIABILITY.
``(a) General Rule.--
``(1) Persons liable.--Notwithstanding any other provision
or rule of law and subject only to the defenses set forth in
subsection (b) of this section and the exemptions set forth in
subsections (n) and (o), in the case of a facility or vessel
from which there is a release, or a threatened release, of a
hazardous substance that causes the incurrence of response
costs the following persons shall be liable for the costs and
damages described in paragraph (2):
``(A) the owner or operator of the vessel or the
facility;
``(B) any person who at the time of disposal of any
hazardous substance owned or operated any facility at
which such hazardous substances were disposed of;
``(C) any person who by contract, agreement, or
otherwise arranged for disposal or treatment, or
arranged with a transporter for transport for disposal
or treatment, of hazardous substances owned or
possessed by such person, by any other party or entity,
at any facility or incineration vessel owned or
operated by another party or entity and containing such
hazardous substances; and
``(D) any person who accepts or accepted any
hazardous substances for transport to disposal or
treatment facilities, incineration vessels or sites
selected by such person.
``(2) Costs and damages.--The liability of a person under
paragraph (1) shall be for--
``(A) any costs of response incurred by the United
States Government or a State or an Indian tribe not
unnecessary and not inconsistent with the national
contingency plan;
``(B) any necessary costs of response incurred by
any person (other than the United States, a State, or
an Indian tribe) consistent with the national
contingency plan;
``(C) damages for injury to, destruction of, or
loss of natural resources, including the reasonable
costs of assessing such injury, destruction, or loss
resulting from the release; and
``(D) the costs of any health assessment or health
effects study carried out under section 104(i).
``(3) Interest.--The amounts recoverable in an action under
this section shall include interest on the amounts recoverable
under paragraph (2). Such interest shall accrue from the later
of (A) the date payment of a specified amount is demanded in
writing, or (B) the date of the expenditure concerned. The rate
of interest on the outstanding unpaid balance of the amounts
recoverable under this section shall be the same rate as is
specified for interest on investments of the Hazardous
Substance Superfund established under subchapter A of chapter
98 of the Internal Revenue Code of 1986. For purposes of
applying such amendments to interest under this subsection, the
term `comparable maturity' shall be determined with reference
to the date on which interest accruing under this subsection
commences.''.
(b) Conforming Amendments.--The Act is further amended--
(1) in section 101(20) (42 U.S.C. 9601) by striking
``section 107(a)(3) or (4)'' each place it appears and
inserting ``section 107(a)(1)(C) or 107(a)(2)(D)'';
(2) in section 107 (42 U.S.C. 9607)--
(A) in subsection (d)(3) by striking ``the
provisions of paragraph (1), (2), (3), or (4) of
subsection (a) of this section'' and inserting
``subsection (a)'';
(B) in subsection (f)(1) by striking ``subparagraph
(C) of subsection (a)'' each place it appears and
inserting ``subsection (a)(2)(C)'';
(C) in subsection (l)(1) by striking ``paragraph
(1)'' and inserting ``paragraph (1)(A)''; and
(D) in subsection (m) by striking ``subsection
(a)(1)'' and inserting ``subsection (a)(1)(A)'';
(3) in section 108(a)(1) (42 U.S.C. 9608(a)(1)) by striking
``paragraph (1)'' and inserting ``paragraph (1)(A)'';
(4) in section 114(c)(1) (42 U.S.C. 9614(c)(1))--
(A) by striking ``(a)(3) or (a)(4)'' and inserting
``(a)(1)(C) or (a)(1)(D)''; and
(B) by striking ``(a)(1) or (a)(2)'' and inserting
``(a)(1)(A) or (a)(1)(B)'';
(5) in section 119(d) (42 U.S.C. 9619(d)) by striking
``(1), (2), (3) or (4)'' and inserting ``(1)(A), (1)(B),
(1)(C), or (1)(D)'';
(6) in section 122(j)(2) (42 U.S.C. 9622(j)(2)) by striking
``107(a)(4)(C)'' and inserting ``107(a)(2)(C)''; and
(7) in section 124(b)(2) (42 U.S.C. 9624(b)(2)) by striking
``(1), (2), (3), or (4)'' and inserting ``(1)(A), (1)(B),
(1)(C), or (1)(D)''.
SEC. 303. INNOCENT PARTIES.
(a) Liability Relief for Innocent Parties.--Section 107(b) (42
U.S.C. 9607(b)) is amended to read as follows:
``(b) Defenses to Liability.--
``(1) In general.--There shall be no liability under
subsection (a) for a person otherwise liable who can establish
by a preponderance of the evidence that the release or threat
of release of a hazardous substance and the damages resulting
therefrom were caused solely by--
``(A) an act of God;
``(B) an act of war;
``(C) an act or omission of a third party other
than an employee or agent of the defendant, or other
than one whose act or omission occurs in connection
with a contractual relationship, existing directly or
indirectly, with the defendant (except where the sole
contractual arrangement arises exclusively from a
contract for carriage by a common carrier by rail), if
the defendant establishes by a preponderance of the
evidence that (i) the defendant exercised due care with
respect to the hazardous substance concerned, taking
into consideration the characteristics of such
hazardous substance, in light of all relevant facts,
circumstances, and generally accepted good commercial
and customary standards and practices at the time of
the defendant's acts or omissions, and (ii) the
defendant took precautions against foreseeable acts or
omissions of any such third party and the consequences
that could foreseeably result from such acts or
omissions; or
``(D) any combination of acts or omissions
described in subparagraphs (A), (B), and (C).
``(2) Liability relief for innocent parties.--
``(A) Innocent owners or operators.--There shall be
no liability under subsection (a) for a person whose
liability is based solely on the person's status as an
owner or operator of the facility or vessel and who can
establish by a preponderance of the evidence that--
``(i) the person acquired the facility or
vessel after the disposal or placement of the
hazardous substances for which liability is
alleged under subsection (a);
``(ii) the person did not, by any act or
omission, cause or contribute to the release or
threatened release of such hazardous
substances;
``(iii) the person exercised appropriate
care with respect to such hazardous substances
taking into consideration the characteristics
of such hazardous substances, in light of all
relevant facts, circumstances, and generally
accepted good commercial and customary
standards and practices at the time of the
defendant's acts or omissions; and
``(iv) in any case in which the person
acquired ownership of the facility or vessel
after December 11, 1980, the person, prior to
such acquisition, made all appropriate inquiry
into the previous ownership and uses of the
facility or vessel and any real property in
accordance with the generally accepted
commercial and customary standards and
practices of the time of acquisition.
``(B) Innocent recipients of property by
inheritance or bequest.--There shall be no liability
under subsection (a) for a person whose liability is
based solely on the person's status as an owner or
operator of the facility or vessel and who can
establish by a preponderance of the evidence that the
person meets the requirements of clauses (i), (ii), and
(iii) of subparagraph (A) and that the person acquired
the property by inheritance or bequest.
``(C) Innocent recipients of property by charitable
donation.--Liability under subsection (a) shall be
limited to the lesser of the fair market value of the
facility or vessel and the actual proceeds of the sale
of the facility for a person whose liability is based
solely on the person's status as an owner or operator
of the facility or vessel and who can establish by a
preponderance of the evidence that the person meets the
requirements of clauses (i), (ii), and (iii) of
subparagraph (A) and the person holding title, either
outright or in trust, to the vessel or facility is an
organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code and holds such title as a
result of a charitable donation that qualifies under
section 170, 2055, or 2522 of such Code.
``(D) Innocent governmental entities.--There shall
be no liability under subsection (a) for a person who
is a governmental entity and whose liability is based
solely on--
``(i) the person's status as an owner or
operator of the facility or vessel if the
person meets the requirements of clauses (i),
(ii), and (iii) of subparagraph (A) and
acquired the facility by escheat or through any
other involuntary transfer or by acquisition
through the exercise of eminent domain
authority; or
``(ii) the granting of a license or permit
to conduct business.
``(E) Innocent owners or operators of rights-of-
way.--There shall be no liability under subsection (a)
for a person whose liability is based solely on
ownership or operation of a road, street, or other
right-of-way or public transportation route (other than
railroad rights-of-way and railroad property) over
which hazardous substances are transported if such
person can establish by a preponderance of the evidence
that the person did not, by any act or omission, cause
or contribute to the release or threatened release.
``(F) Innocent railroad owners or operators of spur
track.--There shall be no liability under subsection
(a) for a person whose liability is based solely on the
status of the person as a railroad owner or operator of
a spur track, including a spur track over land subject
to an easement, to a facility that is owned or operated
by a person that is not affiliated with the railroad
owner or operator if such person can establish by a
preponderance of the evidence that--
``(i) the spur track provides access to a
main line or branch line track that is owned or
operated by the railroad;
``(ii) the spur track is 10 miles long or
less; and
``(iii) the railroad owner or operator did
not cause or contribute to a release or
threatened release of the hazardous substances
for which liability is alleged under subsection
(a).
``(G) Innocent construction contractors.--There
shall be no liability under subsection (a) for a person
who is a construction contractor (other than a response
action contractor covered by section 119) if such
person can establish by a preponderance of the evidence
that--
``(i) the person's liability is based
solely on construction activities that were
specifically directed by and carried out in
accordance with a contract with an owner or
operator of the facility;
``(ii) the person did not know or have
reason to know of the presence of hazardous
substances at the facility concerned before
beginning construction activities; and
``(iii) the person exercised appropriate
care with respect to the hazardous substances
discovered in the course of performing the
construction activity, including precautions
against foreseeable acts of third parties,
taking into consideration the characteristics
of such hazardous substance, in light of all
relevant facts, circumstances, and generally
accepted good commercial and customary
standards and practices at the time of the
defendant's acts or omissions.
``(3) Appropriate care.--
``(A) Site-specific basis.--The determination
whether or not a person has exercised appropriate care
with respect to hazardous substances within the meaning
of paragraph (2)(A)(iii) shall be made on a site-
specific basis taking into consideration the
characteristics of the hazardous substances, in light
of all relevant facts, circumstances, and generally
accepted good commercial and customary standards and
practices at the time of the defendant's acts or
omissions.
``(B) Safe harbor.--A person shall be deemed to
have exercised appropriate care within the meaning of
paragraph (2)(A)(iii) if--
``(i) the person took reasonable steps to
stop any continuing release, prevent any
threatened future release, and prevent or limit
human or natural resource exposure to any
previously released hazardous substance, or
``(ii) where the release or threatened
release of hazardous substances is the subject
of a response action by persons authorized to
conduct the response action at the facility or
vessel, the person provides access for and
reasonable cooperation with the response
action.
``(4) All appropriate inquiry.--
``(A) Site-specific basis.--The determination
whether or not a person has made all appropriate
inquiry into the previous ownership and uses of a
facility or vessel within the meaning of paragraph
(2)(A)(iv) shall be made on a site-specific basis.
``(B) ASTM safe harbor.--A person who has acquired
real property shall be deemed to have made all
appropriate inquiry within the meaning of paragraph
(2)(A)(iv) if the person--
``(i) establishes that an environmental
assessment has been conducted in accordance
with the standards set forth in the American
Society for Testing and Materials Standards
E1527-94, entitled `Standard Practice for
Environmental Site Assessments: Phase I
Environmental Site Assessment Process' or with
alternative standards issued by rule by the
Administrator or promulgated or developed by
others and designated by rule by the
Administrator; and
``(ii) maintains a compilation of the
information reviewed and gathered in the course
of the environmental site assessment.
``(C) Governmental review safe harbor.--A person
who has acquired real property shall be deemed to have
made all appropriate inquiry within the meaning of
paragraph (2)(A)(iv) if, prior to such acquisition, the
person reviewed a determination by a State or Federal
environmental or health agency with jurisdiction over
response actions at the facility that no further
response action was planned at the facility or if such
facility has been placed in the Comprehensive
Environmental Response, Compensation, and Liability
Information System Archive.
``(5) Limitations.--No defense shall be available under
this subsection to--
``(A) a person who obtained actual knowledge of a
release or threat of release of a hazardous substance
at a facility when such person owned the real property
and subsequently transferred ownership of the property
to another person without disclosing such knowledge;
``(B) a person who knowingly and willfully impedes
the performance of a response action or natural
resource restoration at the facility;
``(C) a person who did not provide all legally
required notices with respect to the discovery or
release of any hazardous substances at the facility;
and
``(D) a person (other than a person described in
paragraph (2)(B)) who is affiliated with any other
person liable for response costs at the facility,
through any direct or indirect familial relationship,
or any contractual, corporate, or financial
relationship other than that created by the instruments
by which title to the facility is conveyed or financed
or by a contract for the sale of goods or services.
``(6) Windfall liens.--
``(A) In general.--In any case in which there are
unrecovered response costs incurred by the United
States at a facility for which an owner of the facility
is not liable by reason of paragraph (2), and the
conditions described in subparagraph (C) are met, the
United States shall have a lien upon such facility for
such unrecovered costs.
``(B) Special rules.--A lien under this paragraph--
``(i) shall not exceed the increase in fair
market value of the property attributable to
the response action at the time of a subsequent
sale or other disposition of the property;
``(ii) shall arise at the time costs are
first incurred by the United States with
respect to a response action at the facility;
``(iii) shall be subject to the
requirements for notice and validity
established in paragraph (3) of subsection (l);
``(iv) shall continue until the earlier of
satisfaction of the lien or recovery of all
response costs incurred at the facility; and
``(v) shall not arise against a recipient
of a grant under section 127(b) or 127(c) with
respect to such grants.
``(C) Conditions.--The conditions referred to in
subparagraph (A) are the following:
``(i) A response action for which there are
unrecovered costs is carried out at the
facility.
``(ii) The United States has made
reasonable efforts to recover such unrecovered
response costs from parties liable under this
section.
``(iii) Such response action increases the
fair market value of the facility above the
fair market value of the facility that existed
in the 6-month period preceding the date that
response action began.
``(D) Limitations.--No lien under this paragraph
shall arise (i) with respect to property for which the
property owner preceding the current owner is not a
liable party or has resolved its liability under this
Act, or (ii) in any case in which an environmental
assessment gave the owner or operator no reason to know
of the release of hazardous substances.''.
(b) Rendering Care or Advice.--
(1) State, tribal, and local governments.--Section
107(d)(2) (42 U.S.C. 9607(d)(2)) is amended to read as follows:
``(2) State, tribal, and local governments.--
``(A) In general.--No State, tribal, or local
government, including a municipality or other political
subdivision of a State, shall be liable under this
title for costs or damages as a result of--
``(i) actions taken in response to an
emergency created by the release or threatened
release of a hazardous substance generated by
or from a facility owned by another person; or
``(ii) actions to improve water quality
protection at an abandoned mine site and
adjacent lands that are owned by a person other
than the State, tribal, or local government, if
such actions are taken in accordance with a
response action approved under applicable State
or Federal law.
``(B) Limitation on statutory construction.--This
paragraph shall not be construed to preclude liability
for costs or damages as a result of gross negligence or
intentional misconduct by a governmental entity
referred to in subparagraph (A). For the purpose of the
preceding sentence, reckless, willful, or wanton
misconduct shall constitute gross negligence.''.
(2) Savings provision.--Section 107(d)(3) (42 U.S.C.
9607(d)(3)) is amended by striking ``This'' and inserting
``Except with respect to costs and damages referred to in
paragraphs (1) and (2)(A), this''.
(c) Clarification of Liability for Contiguous Property Owners.--
Section 101(20) (42 U.S.C. 9601(20)) is amended by adding at the end
the following:
``(E) The term `owner or operator' does not include a
person who owns or operates real property that is contiguous
to, or onto which a release has migrated from, a facility that
is under separate ownership or operation and from which there
is a release or threatened release of a hazardous substance
if--
``(i) the person did not, by any act or omission,
cause or contribute to the release or threatened
release of a hazardous substance; and
``(ii) the person is not affiliated with any other
person that is potentially liable for any response
costs at the facility at which there has been a release
or threatened release of a hazardous substance.''.
(d) Conforming Amendments.--Title I is further amended--
(1) in section 101 (42 U.S.C. 9601) by striking paragraph
(35); and
(2) in section 119(b)(1) (42 U.S.C. 9619(b)(1)) by striking
``107(b)(3)'' and inserting ``107(b)(1)(C)''.
SEC. 304. STATUTORY CONSTRUCTION.
Section 107(f) (42 U.S.C. 9607(f)) is amended by adding at the end
the following:
``(3) Unitary executive.--In any judicial action brought
under this Act by the United States seeking recovery for
damages to natural resources, any brief or motion filed by the
United States in any other judicial action seeking recovery
from the United States for damages to natural resources under
this Act, shall be, for purposes of the action brought by the
United States, admissible and deemed the position of the United
States with respect to the interpretation and construction of
this subsection.''.
SEC. 305. LIVESTOCK TREATMENT.
Section 107(i) (42 U.S.C. 9607(i)) is amended--
(1) by striking ``No person'' and inserting ``(1) In
general.--No person and'';
(2) by adding at the end the following:
``(2) Application in compliance with law.--For the purposes
of paragraph (1), the term `application of a pesticide product
registered under the Federal Insecticide, Fungicide, and
Rodenticide Act' includes a release of a hazardous substance
resulting from the application, before the date of enactment of
this paragraph, of any pesticide, insecticide, or similar
product in compliance with a Federal or State law (including a
regulation) requiring the treatment of livestock to prevent,
suppress, control, or eradicate any dangerous, contagious, or
infectious disease or any vector organism for such disease.''; and
(3) by indenting and aligning paragraph (1) (as designated
by paragraph (1) of this section) with paragraph (2) (as added
by paragraph (2) of this section).
SEC. 306. LIABILITY RELIEF FOR SMALL BUSINESSES, MUNICIPAL SOLID WASTE,
SEWAGE SLUDGE, AND MUNICIPAL OWNERS AND OPERATORS.
(a) Limitation on Liability for Small Businesses.--Section 107 (42
U.S.C. 9607) is amended by adding at the end the following new
subsection:
``(o) Limitation on Liability for Small Businesses.--
``(1) In general.--With respect to actions taken before
March 25, 1999, no small business concern shall be liable under
subsection (a)(1)(C) or (a)(1)(D) for response costs or damages
at a facility or vessel on the National Priorities List.
``(2) Limitation.--Paragraph (1) shall not preclude
liability for costs or damages as a result of gross negligence
or intentional misconduct by the small business concern. For
the purpose of the preceding sentence, reckless, willful, or
wanton misconduct shall constitute gross negligence.
``(3) Small business concern defined.--In this subsection,
the term `small business concern' means a business entity
that--
``(A) on average over the previous 3 years, has no
more than 75 full-time employees or the equivalent
thereof; and
``(B) in its taxable year preceding the date of
notification by the President that the business entity
is a potentially responsible party, has $3,000,000 or
less in gross revenues.''.
(b) Liability Relief for Municipal Solid Waste and Sewage Sludge.--
(1) Section 107 is further amended by adding at the end the
following new subsections:
``(p) Liability Exemption for Municipal Solid Waste and Sewage
Sludge.--
``(1) In general.--Except as provided under paragraph (2),
no person shall be liable under subsection (a)(1)(C) or
(a)(1)(D) for response costs or damages at a facility or vessel
on the National Priorities List to the extent that the
materials that the person arranged or transported for disposal
at the facility or vessel consist of municipal solid waste or
municipal sewage sludge.
``(2) Post-enactment activities.--With respect to actions
taken on or after the date that is 36 months after the date of
the enactment of this paragraph, no municipality shall be
liable under subsection (a)(1)(C) or (a)(1)(D) for response
costs or damages at a facility or vessel on the National
Priorities List to the extent that the materials that the
municipality arranged or transported for disposal at the
facility or vessel consist of municipal solid waste or
municipal sewage sludge and the municipality institutes or
participates in a qualified household hazardous waste
collection program.
``(3) Definitions.--In this section, the following
definitions apply:
``(A) Municipal solid waste.--The term `municipal
solid waste' means all waste materials generated by
households, including single and multifamily
residences, and hotels and motels, and waste materials
generated by commercial, institutional, and industrial
sources, to the extent that such materials (i) are
substantially similar to waste materials normally
generated by households, notwithstanding differences in
volume, or (ii) waste that is collected and disposed of
with other municipal solid waste and, regardless of
when generated, would be considered conditionally
exempt small quantity generator waste under regulations
issued pursuant to section 3001(d) of the Solid Waste
Disposal Act (42 U.S.C. 6921(d)). The term includes
food and yard waste, paper, clothing, appliances,
consumer product packaging, disposal diapers, office
supplies, cosmetics, glass and metal food containers,
wooden pallets, cardboard, elementary or secondary
school science laboratory waste, and household
hazardous waste, and wastes that are substantially
similar. The term does not include combustion ash
generated by resource recovery facilities or municipal
incinerators; solid waste from the extraction,
beneficiation, and processing of ores and minerals; or
waste from manufacturing or processing operations
(including pollution control) that is not described in
clause (i) or (ii), or both. Volumes of municipal solid
waste described in clause (i) shall not be considered
when making a determination whether waste is considered
conditionally exempt small quantity generator waste
under clause (ii), regardless of whether such waste
streams are mixed together.
``(B) Municipal sewage sludge.--The term `municipal
sewage sludge' means solid, semisolid, or liquid
residue removed during the treatment of municipal waste
water, domestic sewage, or other waste water at or by
(i) a publicly owned treatment works, (ii) a federally
owned treatment works, or (iii) a treatment works that,
without regard to ownership, would be considered to be
a publicly owned treatment works and is principally
treating municipal waste water or domestic sewage.
``(C) Qualified household hazardous waste
collection program.--The term `qualified household
hazardous waste collection program' means a program
established by an entity of the Federal Government, a
State, a municipality, or an Indian tribe that
provides, at a minimum, for semiannual collection of
household hazardous waste at accessible, well-
publicized collection points within the relevant
jurisdiction.
``(q) Limitation on Liability for Municipal Owners and Operators.--
``(1) Aggregate liability of small municipalities.--With
respect to a facility that received municipal solid waste, that
was proposed for listing on the National Priorities List before
March 25, 1999, that is or was owned or operated by
municipalities with a population of less than 100,000 according
to the 1990 census, and that is not subject to the criteria for
solid waste landfills published under subtitle D of the Solid
Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of
title 40, Code of Federal Regulations (or a successor
regulation), the aggregate liability of such municipalities for
response costs incurred on or after March 25, 1999, shall be
the lesser of--
``(A) 10 percent of the total amount of response
costs at the facility; or
``(B) the costs of compliance with the requirements
of such subtitle for the facility (as if the facility
had continued to accept municipal solid waste through
January 1, 1997).
``(2) Aggregate liability of large municipalities.--With
respect to a facility that received municipal solid waste, that
was proposed for listing on the National Priorities List before
March 25, 1999, that is or was owned or operated by
municipalities with a population of 100,000 or more according
to the 1990 census, and that is not subject to the criteria for
solid waste landfills published under subtitle D of the Solid
Waste Disposal Act (42 U.S.C. 6941 et seq.) at part 258 of
title 40, Code of Federal Regulations (or a successor
regulation), the aggregate liability of such municipalities for
response costs incurred on or after March 25, 1999, shall be
the lesser of--
``(A) 20 percent of the total amount of response
costs at the facility; or
``(B) the costs of compliance with the requirements
of such subtitle for the facility (as if the facility
had continued to accept municipal solid waste through
January 1, 1997).''.
(c) Ineligibility for Exemptions or Limitations.--Section 107 is
further amended by adding at the end the following:
``(r) Ineligibility for Exemptions or Limitations.--
``(1) Impeding response or restoration.--The exemptions and
limitations set forth in subsections (o), (p), and (q) and
sections 114(c) and 130 shall not apply to any person with
respect to a facility if such person impedes the performance of
a response action or natural resource restoration at the
facility.
``(2) Failure to respond to information request.--The
exemptions and limitations set forth in subsections (o), (p),
and (q) and sections 114(c) and 130 shall not apply to any
person who--
``(A) willfully fails to submit a complete and
timely response to an information request under section
104(e); or
``(B) knowingly makes any false or misleading
material statement or representation in any such
response.
``(3) Failure to provide cooperation and facility access.--
The limitation set forth in subsection (q) shall not apply to
any owner or operator of a facility who does not provide
reasonable cooperation and facility access to persons
authorized to conduct response actions at the facility.''.
(d) Exempt Party Funding.--Section 107 is further amended by adding
at the end the following:
``(s) Exempt Party Funding.--
``(1) Exempt party funding.--Except as provided in
paragraph (2), the equitable share of liability under section
107(a) for any release or threatened release of a hazardous
substance from a facility or vessel on the National Priorities
List that is extinguished--
``(A) through an exemption under subsection (o) or
(p) of this section, section 114(c), or section 130, or
``(B) through a limitation on liability under
subsection (q) of this section,
shall be transferred to and assumed by the Trust Fund.
``(2) Certain msw generators.--Paragraph (1) shall not
apply to the equitable share of liability of any person who
would have been liable under under subsection (a)(1)(C) but for
the exemption from liability under subsection (p) and who is--
``(A) an owner, operator, or lessee of residential
property;
``(B) a business entity that employs no more than
100 individuals and is a small business concern as
defined under the Small Business Act (15 U.S.C. 631 et
seq.); or
``(C) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code if
such organization employs no more than 100 paid
individuals at the involved chapter, office, or
department.
``(3) Source of funds.--Payments made by the Trust Fund or
work performed on behalf of the Trust Fund to meet the
obligations under paragraph (1) shall be funded from amounts
made available by section 111(a)(1).
``(t) Effect on Concluded Actions.--The exemptions from and
limitations on liability provided under subsection (o), (p), and (q)
and sections 114(c) and 130 shall not affect any concluded judicial or
administrative action against a person otherwise covered by such
exemption or limitation.''.
(e) Small Business Ombudsman.--The Administrator shall establish a
small business Superfund assistance section within the small business
ombudsman office at the Environmental Protection Agency. Such section
shall carry out the following functions:
(1) Act as a clearinghouse of information for small
businesses regarding the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980. Such information shall
be comprehensible to a lay person and shall include information
regarding the exemptions to liability under section 107 of such
Act, the allocation process under section 131 of such Act,
requirements and procedures for expedited settlements pursuant to
section 122(g) of such Act, and de minimis status and ability-to-pay
procedures.
(2) Provide general advice and assistance to small
businesses as to their questions and problems concerning
liability and the exemptions to liability under such Act and
the allocation and settlement processes, except that such
advice and assistance shall not include any legal advice as to
liability or any other legal representation. The ombudsman
shall not participate in the allocation process.
SEC. 307. AMENDMENTS TO SECTION 113.
Section 113(f) (42 U.S.C. 9613(f)) is amended--
(1) by adding at the end the following new paragraph:
``(4) Limitations on contribution actions.--
``(A) In general.--There shall be no right of
contribution under this subsection in any of the
following circumstances:
``(i) The person asserting the right of
contribution has waived the right in a
settlement pursuant to this Act.
``(ii) The person from whom contribution is
sought is not liable under this Act.
``(iii) The person from whom contribution
is sought has entered into a settlement with
the United States pursuant to section 122(g),
with respect to matters addressed in that
settlement.
``(B) Attorneys' fees.--Any person who commences an
action for contribution shall be liable to the person
against whom the claim of contribution is brought for
all reasonable costs of defending against the claim,
including all reasonable attorneys' and expert witness
fees, if--
``(i) the action is barred by subparagraph
(A);
``(ii) the action is brought against a
person who is protected from such suits
pursuant to section 113(f)(2) by reason of a
settlement with the United States; or
``(iii) the action is brought during the
moratorium pursuant to section 131 (relating to
allocation).''.
SEC. 308. LIABILITY OF RESPONSE ACTION CONTRACTORS.
(a) Extension of Negligence Standard.--Subsection (a) of section
119 (42 U.S.C. 9619(a)) is amended as follows:
(1) In paragraph (1) by striking ``title or under any other
Federal law'' and inserting ``title, under any other Federal
law or under the law of any State or political subdivision of a
State''.
(2) By adding at the end of paragraph (1) the following:
``Notwithstanding the preceding sentence, this section shall
not apply in determining the liability of a response action
contractor under the law of any State or political subdivision
thereof if the State has enacted a law determining the
liability of a response action contractor.''.
(3) By adding at the end of paragraph (2) the following:
``Such conduct shall be evaluated based on the generally
accepted standards and practices in effect at the time and
place that the conduct occurred.''.
(b) Clarification of Liability.--Section 119(a) (42 U.S.C. 9219(a))
is amended by inserting after paragraph (4) the following:
``(5) Liability.--Notwithstanding any other provision of
this Act, any liability of a response action contractor under
this Act shall be determined solely in accordance with this
section.''.
(c) Extension of Indemnification Authority.--Section 119(c) is
amended by adding at the end of paragraph (1) the following: ``Any such
agreement may apply to claims for negligence arising under Federal law
or under the law of any State or political subdivision of a State.''.
(d) Indemnification for Threatened Releases.--Section 119(c)(5) is
amended in subparagraph (A) by inserting ``or threatened release''
after ``release'' each place it appears.
(e) Extension of Coverage to All Response Actions.--Section
119(e)(1) is amended as follows:
(1) By striking ``carrying out an agreement under section
106 or 122''.
(2) By striking ``any remedial action under this Act at a
facility listed on the National Priorities List, or any removal
action under this Act,'' and inserting ``any response as
defined by section 101(25),''.
(f) Limitation on Actions.--Section 119 is amended by adding at the
end the following:
``(h) Limitation on Actions Against Response Action Contractors.--
No action to recover for any injury to property, real or personal, or
for bodily injury or wrongful death, or any other expenses or costs
arising out of the performance of services under a response action
contract, nor any action for contribution or indemnity for damages
sustained as a result of such injury, shall be brought against any
response action contractor more than 6 years after the completion of
work at any site under such contract. Notwithstanding the preceding
sentence, this section shall not--
``(1) bar recovery for a claim caused by the conduct of the
response action contractor that is grossly negligent or that
constitutes intentional misconduct;
``(2) affect any right of indemnification that such
response action contractor may have under this section or may
acquire by written agreement with any party; or
``(3) apply in any State or political subdivision thereof
if the State has enacted a statute of repose determining the
liability of a response action contractor.''.
SEC. 309. AMENDMENTS TO SECTION 122.
(a) Administrative Settlements.--Section 122 (42 U.S.C. 9622) is
amended by adding at the end the following:
``(n) Challenge to Cost Recovery Component of Settlement.--
Notwithstanding the limitations on review in section 113(h), and except
as provided in subsection (g) of this section, a person whose potential
claim for response costs or contribution is limited as a result of
contribution protection afforded by an administrative settlement under
this section may challenge the cost recovery component of such
settlement. Such a challenge may be made only by filing a complaint
against the Administrator in the United States District Court within 60
days after such settlement becomes final. Venue shall lie in the
district in which the principal office of the appropriate region of the
Environmental Protection Agency is located. Any review of an
administrative settlement shall be limited to the administrative
record, and the settlement shall be upheld unless the objecting party
can demonstrate on that record that the decision of the President to
enter into the administrative settlement was arbitrary, capricious, or
otherwise not in accordance with law.''.
(b) Final Covenants.--Section 122(f) is amended as follows:
(1) By striking paragraph (1) and inserting the following:
``(1) Final covenants.--The President shall offer
potentially responsible parties who enter into settlement
agreements that are in the public interest a final covenant not
to sue concerning any liability to the United States under this
Act, including a covenant with respect to future liability, for
response actions or response costs addressed in the settlement,
if all of the following conditions are met:
``(A) The settling party agrees to perform, or
there are other adequate assurances of the performance
of, a final remedial action authorized by the
Administrator for the release or threat of release that
is the subject of the settlement.
``(B) The settlement agreement has been reached
prior to the commencement of litigation against the
settling party under section 106 or 107 of this Act
with respect to this facility.
``(C) The settling party waives all contribution
rights against other potentially responsible parties at
the facility.
``(D) The settling party (other than a small
business) pays a premium that compensates for the risks
of remedy failure; future liability resulting from
unknown conditions; and unanticipated increases in the
cost of any uncompleted response action, unless the
settling party is performing the response action. The
President shall have sole discretion to determine the
appropriate amount of any such premium, and such
determinations are committed to the President's
discretion. The President has discretion to waive or
reduce the premium payment for persons who demonstrate
an inability to pay such a premium.
``(E) The remedial action does not rely on
institutional controls to ensure continued protection
of human health and the environment.
``(F) The settlement is otherwise acceptable to the
United States.''.
(2) In paragraph (2) by striking ``remedial'' each place it
appears and inserting ``response''.
(3) By striking paragraph (3) and inserting the following:
``(3) Discretionary covenants.--For settlements under this
Act for which covenants under paragraph (1) are not available,
the President may, in his discretion, provide any person with a
covenant not to sue concerning any liability to the United
States under this Act, if the covenant not to sue is in the
public interest. Such covenants shall be subject to the
requirements of paragraph (5). The President may include any
conditions in such covenant not to sue, including the
additional condition referred to in paragraph (5). In
determining whether such conditions or covenants are in the
public interest, the President shall consider the nature and
scope of the commitment by the settling party under the
settlement, the effectiveness and reliability of the response
action, the nature of the risks remaining at the facility, the
strength of evidence, the likelihood of cost recovery, the
reliability of any response action or actions to restore,
replace, or acquire the equivalent of injured natural
resources, the extent to which performance standards are
included in the order or decree, the extent to which the
technology used in the response action is demonstrated to be
effective, and any other factors relevant to the protection of
human health and the environment.''.
(4) By striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively.
(5) In subparagraph (A) of paragraph (5) (as so
redesignated)--
(A) by striking ``remedial'' and inserting
``response'';
(B) by striking ``paragraph (2)'' in the first
sentence and inserting ``paragraph (1) or (2)'';
(C) by striking ``de minimis settlements'' and
inserting ``de minimis and other expedited settlements
pursuant to subsection (g) of this section''; and
(D) by striking ``the President certifies under
paragraph (3) that remedial action has been completed
at the facility concerned'', and inserting ``that the
response action that is the subject of the settlement
agreement is selected''.
(6) In subparagraph (B) of paragraph (5) (as so
redesignated)--
(A) by striking ``In extraordinary circumstances,
the'' and inserting ``The'';
(B) by striking ``those referred to in paragraph
(4) and'';
(C) by striking ``if other terms,'' and inserting
``, if the agreement containing the covenant not to sue
provides for payment of a premium to address possible
remedy failure or any releases that may result from
unknown conditions, and if other terms,''; and
(D) by adding at the end the following: ``The
President may waive or reduce the premium payment for
persons who demonstrate an inability to pay such a
premium.''.
(c) Expedited Final Settlements.--Section 122 is further amended as
follows:
(1) In subsection (g) by striking ``(g)'' and all that
follows through the period at the end of paragraph (1) and
inserting the following:
``(g) Expedited Final Settlement.--
``(1) Parties eligible for expedited settlement.--The
President shall, as promptly as possible, offer to reach a
final administrative or judicial settlement with potentially
responsible parties who, in the judgment of the President, meet
the following conditions for eligibility for an expedited
settlement in subparagraph (A) or (B):
``(A) The potentially responsible party's
individual contribution to the release of hazardous
substances at the facility as an owner or operator,
arranger for disposal, or transporter for disposal is
de minimis. The contribution of hazardous substance to
a facility by a potentially responsible party is de
minimis if both of the following conditions are met:
``(i) The contribution of materials
containing hazardous substances that the
potentially responsible party arranged or
transported for treatment or disposal, or that
were treated or disposed during the potentially
responsible party's period of ownership or
operation of the facility, is minimal in
comparison to the total volume of materials
containing hazardous substances at the
facility. Such individual contribution is
presumed to be minimal if it is not more than 1
percent of the total volume of such materials,
unless the Administrator identifies a different
threshold based on site-specific factors.
``(ii) Such hazardous substances do not
present toxic or other hazardous effects that
are significantly greater than those of other
hazardous substances at the facility.
``(B)(i) The potentially responsible party is a
natural person, a small business, or a municipality and
can demonstrate to the United States an inability or
limited ability to pay response costs. A party who
enters into a settlement pursuant to this subparagraph
shall be deemed to have resolved its liability under
this Act to the United States for all matters addressed
in the settlement.
``(ii) For purposes of this subparagraph, the
following provisions apply:
``(I) In the case of a small business, the
President shall take into consideration the
ability to pay of the business, if requested by
the business. The term `ability to pay' means
the President's reasonable expectation of the
ability of the small business to pay its total
settlement amount and still maintain its basic
business operations. Such consideration shall
include the business's overall financial
condition and demonstrable constraints on its
ability to raise revenues.
``(II) Any business requesting such
consideration shall promptly provide the
President with all relevant information needed
to determine the business's ability to pay.
``(III) If the President determines that a
small business is unable to pay its total
settlement amount immediately, the President
shall consider alternative payment methods as
may be necessary or appropriate. The methods to
be considered may include installment payments
to be paid during a period of not to exceed 10
years and the provision of in-kind services.
``(iii) Any municipality which is a potentially
responsible party may submit for consideration by the
President an evaluation of the potential impact of the
settlement on essential services that the municipality
must provide, and the feasibility of making delayed
payments or payments over time. If a municipality
asserts that it has additional environmental
obligations besides its potential liability under this
Act, then the municipality may create a list of the
obligations, including an estimate of the costs of
complying with such obligations.
``(iv) Any municipality which is a potentially
responsible party may establish an inability to pay
through an affirmative showing that such payment of its
liability under this Act would either--
``(I) create a substantial demonstrable
risk that the municipality would default on
existing debt obligations, be forced into
bankruptcy, be forced to dissolve, or be forced
to make budgetary cutbacks that would
substantially reduce current levels of
protection of public health and safety; or
``(II) necessitate a violation of legal
requirements or limitations of general
applicability concerning the assumption and
maintenance of fiscal municipal obligations.
``(v) This subparagraph does not limit or affect
the President's authority to evaluate any person's
ability to pay or to enter into settlements with any
person based on that person's inability to pay.''.
(3) By striking paragraphs (2) and (3) of subsection (g)
and inserting the following:
``(2) Basis of determination.--Any person who enters into a
settlement pursuant to this subsection shall provide any
information requested by the President or by an allocator in
accordance with section 128(l)(1) or section 104(e). The
determination of whether a person is eligible for an expedited
settlement shall be made on the basis of all information
available to the President at the time the determination is
made. The President's determination as to the eligibility of a
party that is not a department, agency, or instrumentality of
the United States for settlement pursuant to this section shall
not be subject to judicial review. If the President determines
that a party is not eligible for a settlement pursuant to this
section, the President shall explain the basis for that
determination in writing to any person who requests such a
settlement.
``(3) Additional factors relevant to settlements with
municipalities.--In any settlement with a municipality pursuant
to this Act, the President may take additional equitable
factors into account in determining an appropriate settlement
amount, including the limited resources available to that
party, and any in-kind services that the party may provide to
support the response action at the facility. In considering the
value of in-kind services, the President shall consider the
fair market value of those services.''.
(4) In subsection (g)(4) by striking ``$500,000'' and
inserting ``$2,000,000''.
(5) By striking paragraph (5) of subsection (g) and
inserting the following:
``(5) Small business defined.--In this section, the term
`small business' refers to any business entity that employs no
more than 100 individuals and is a `small business concern' as
defined under the Small Business Act (15 U.S.C. 631 et
seq.).''.
(6) By adding at the end of subsection (g) the following:
``(7) Deadline.--If the President does not make a
settlement offer to a person on or before the 180th day
following the date of the President's determination that such
person is eligible for an expedited settlement under this
subsection, or on or before the 180th day following the date of
the enactment of this paragraph, whichever is later, such
person shall have no further liability under this Act.
``(8) Premiums.--In any settlement under this Act with a
small business, the President shall not require the small
business to pay any premium over and above the small business's
share of liability.''.
(7) In subsection (h)--
(A) by striking the subsection heading and
inserting the following: ``Authority To Settle Claims
for Fines, Civil Penalties, Punitive Damages, and Cost
Recovery.--'';
(B) by striking ``costs incurred'' in the first
sentence of paragraph (1) and inserting ``past and
future costs incurred or that may be incurred'':
(C) by inserting after ``if the claim has not been
referred to the Department of Justice for further
action.'' in the first sentence of paragraph (1) the
following: ``The head of any department or agency with
the authority to seek fines, civil penalties, or
punitive damages under this Act may consider,
compromise, and settle claims for any such fines, civil
penalties, or punitive damages which may otherwise be
assessed in civil administrative or judicial
proceedings if the claim has not been referred to the
Department of Justice for further action. If the total
claim for response costs, fines, civil penalties, or
punitive damages exceeds $3,000,000, such claim may be
compromised and settled only with the prior written
approval of the Attorney General.'';
(D) by striking ``$500,000 (excluding interest),
any claim referred to in the preceding sentence'' in
the second sentence of paragraph (1) and inserting ``$2,000,000
(excluding interest), any claim for response costs referred to in this
subsection''; and
(E) by striking paragraph (4).
(d) Municipality Defined.--Section 101 (42 U.S.C. 9601), as amended
by section 303(d) of this Act, is further amended by inserting after
paragraph (34) the following:
``(35) The term `municipality' means a political subdivision of a
State, including a city, county, village, town, township, borough,
parish, school district, sanitation district, water district, or other
public entity performing local governmental functions. The term also
includes a natural person acting in the capacity of an official,
employee, or agent of any entity referred to in the preceding sentence
in the performance of governmental functions.''.
SEC. 310. CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS.
(a) Recycling Transactions.--Title I (42 U.S.C. 9601 et seq.) is
amended by adding at the end the following:
``SEC. 130. RECYCLING TRANSACTIONS.
``(a) Liability Clarification.--As provided in subsections (b),
(c), (d), (e), and (f), a person who arranged for the recycling of
recyclable material or transported such material shall not be liable
under sections 107(a)(1)(C) and 107(a)(1)(D) with respect to such
material.
``(b) Recyclable Material Defined.--For purposes of this section,
the term `recyclable material' means--
``(1) plastic, glass, textiles, rubber (other than whole
tires), and metal, as well as minor amounts of material
incident to or adhering to the scrap material as a result of
its normal and customary use prior to becoming scrap; except
that such term shall not include shipping containers of a
capacity from 30 liters to and including 3,000 liters, whether
intact or not, having any hazardous substances (but not metal
bits or pieces or hazardous substances that form an integral
part of the container) contained in or adhering thereto;
``(2) spent lead-acid, spent nickel-cadmium, and other
spent batteries; and
``(3) used oil.
``(c) Transactions Involving Scrap, Plastic, Glass, Textiles, or
Rubber.--
``(1) In general.--Transactions involving recyclable
materials that consist of scrap plastic, scrap glass, scrap
textiles, or scrap rubber (other than whole tires) shall be
deemed to be arranging for recycling if the person who arranged
for the transaction (by selling recyclable material or
otherwise arranging for the recycling of recyclable material)
can demonstrate by a preponderance of the evidence that all of
the following criteria were met at the time of the transaction:
``(A) The recyclable material met a commercial
specification grade.
``(B) A market existed for the recyclable material.
``(C) A substantial portion of the recyclable
material was made available for use as a feedstock for
the manufacture of a new saleable product.
``(D) The recyclable material could have been a
replacement or substitute for a virgin raw material, or
the product to be made from the recyclable material
could have been a replacement or substitute for a
product made, in whole or in part, from a virgin raw
material.
``(E) For transactions occurring on or after the
90th day following the date of the enactment of this
section, the person exercised reasonable care to
determine that the facility where the recyclable
material would be handled, processed, reclaimed, or
otherwise managed by another person (hereinafter in
this section referred to as a `consuming facility') was
in compliance with substantive (not procedural or
administrative) provisions of any Federal, State, or
local environmental law or regulation, or compliance
order or decree issued pursuant thereto, applicable to
the handling, processing, reclamation, storage, or
other management activities associated with the
recyclable material.
``(2) Reasonable care.--For purposes of this subsection,
`reasonable care' shall be determined using criteria that
include--
``(A) the price paid in the recycling transaction;
``(B) the ability of the person to detect the
nature of the consuming facility's operations
concerning its handling, processing, reclamation, or
other management activities associated with the
recyclable material; and
``(C) the result of inquiries made to the
appropriate Federal, State, or local environmental
agency (or agencies) regarding the consuming facility's
past and current compliance with substantive (not
procedural or administrative) provisions of any
Federal, State, or local environmental law or
regulation, or compliance order or decree issued
pursuant thereto, applicable to the handling,
processing, reclamation, storage, or other management
activities associated with the recyclable material.
``(3) Treatment of certain requirements as substantive
provisions.--For purposes of this subsection, a requirement to
obtain a permit applicable to the handling, processing,
reclamation, or other management activities associated with the
recyclable materials shall be deemed to be a substantive
provision.
``(d) Transactions Involving Scrap Metal.--
``(1) In general.--Transactions involving recyclable
materials that consist of scrap metal shall be deemed to be
arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise
arranging for the recycling of recyclable material) can
demonstrate by a preponderance of the evidence that at the time
of the transaction--
``(A) the person met the criteria set forth in
subsection (c) with respect to the scrap metal;
``(B) the person was in compliance with any
applicable regulations or standards regarding the
storage, transport, management, or other activities
associated with the recycling of scrap metal that the
Administrator issues under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.) after the date of the
enactment of this section and with regard to
transactions occurring after the effective date of such
regulations or standards; and
``(C) the person did not melt the scrap metal prior
to the transaction.
``(2) Melting of scrap metal.--For purposes of paragraph
(1)(C), melting of scrap metal does not include the thermal
separation of 2 or more materials due to differences in their
melting points (referred to as `sweating').
``(3) Scrap metal defined.--In this subsection, the term
`scrap metal' means bits and pieces of metal parts (such as
bars, turnings, rods, sheets, and wire) or metal pieces that
may be combined together with bolts or soldering (such as
radiators, scrap automobiles, and railroad box cars) which when
worn or superfluous can be recycled, except for scrap metals
that the Administrator excludes from this definition by
regulation and electrical equipment that contains
polychlorinated biphenyls.
``(e) Transactions Involving Batteries.--
``(1) In general.--Transactions involving recyclable
materials that consist of spent lead-acid batteries, spent
nickel-cadmium batteries, or other spent batteries shall be
deemed to be arranging for recycling if the person who arranged
for the transaction (by selling recyclable material or
otherwise arranging for the recycling of recyclable material)
can demonstrate by a preponderance of the evidence that at the
time of the transaction--
``(A) the person met the criteria set forth in
subsection (c) with respect to the spent lead-acid
batteries, spent nickel-cadmium batteries, or other
spent batteries but did not recover the valuable
components of such batteries; and
``(B)(i) with respect to transactions involving
lead-acid batteries, the person was in compliance with
applicable Federal environmental regulations or
standards, and any amendments thereto, regarding the
storage, transport, management, or other activities
associated with the recycling of spent lead-acid
batteries;
``(ii) with respect to transactions involving
nickel-cadmium batteries, Federal environmental
regulations or standards were in effect regarding the
storage, transport, management, or other activities
associated with the recycling of spent nickel-cadmium
batteries and the person was in compliance with such
regulations or standards and any amendments thereto; or
``(iii) with respect to transactions involving
other spent batteries, Federal environmental
regulations or standards were in effect regarding the
storage, transport, management, or other activities
associated with the recycling of such batteries and the
person was in compliance with such regulations or
standards and any amendments thereto.
``(2) Recovery of valuable battery components.--For
purposes of paragraph (1)(A), a person who, by contract,
arranges or pays for processing of batteries by an unrelated
third person and receives from such third person materials
reclaimed from such batteries shall not thereby be deemed to
recover the valuable components of such batteries.
``(f) Transactions Involving Used Oil.--
``(1) In general.--Transactions involving recyclable
materials that consist of used oil shall be deemed to be
arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise
arranging for the recycling of recyclable material) did not mix
the recyclable material with a hazardous substance following
the removal of the used oil from service and can demonstrate by
a preponderance of the evidence that at the time of the
transaction--
``(A) the recyclable material was sent to a
facility that recycled used oil by using it as feed
stock for the manufacture of a new saleable product;
``(B) the person met the criteria specified in
subparagraphs (D) and (E) of subsection (c)(1), as
modified by paragraphs (2) and (3) of subsection (c),
with respect to used oil; and
``(C) regulations or standards for the management
of used oil promulgated under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) were in effect on the date
of the transaction and the person was in compliance
with such regulations or standards and any amendment
thereto.
``(2) Used oil defined.--In this subsection, the term `used
oil' means any oil that has been refined from crude oil, or any
synthetic oil, that has been used or stored. Such term does not
include any oil that is subject to regulation under section
6(e)(1)(A) of the Toxic Substances Control Act (15 U.S.C.
2605(e)(1)(A)), relating to regulations prescribing methods for
disposal of polychlorinated biphenyls.
``(g) Exclusions.--
``(1) In general.--The exemptions set forth in subsections
(c), (d), (e), and (f) shall not apply if--
``(A) the person had an objectively reasonable
basis to believe at the time of the recycling
transaction that--
``(i) the recyclable material would not be
recycled;
``(ii) in the case of recyclable materials
other than used oil, the recyclable material
would be burned as fuel or for energy recovery
or incineration; or
``(iii) for transactions occurring on or
before the 90th day following the date of the
enactment of this section, the consuming facility was not in compliance
with a substantive (not a procedural or administrative) provision of
any Federal, State, or local environmental law or regulation, or
compliance order or decree issued pursuant thereto, applicable to the
handling, processing, reclamation, or other management activities
associated with the recyclable material;
``(B) the person had reason to believe that
hazardous substances had been added to the recyclable
material for purposes other than processing for
recycling; or
``(C) the person failed to exercise reasonable care
with respect to the management and handling of the
recyclable material (including adhering to customary
industry practices current at the time of the recycling
transaction designed to minimize, through source
control, contamination of the recyclable material by
hazardous substances).
``(2) Objectively reasonable basis.--For purposes of
paragraph (1)(A), an objectively reasonable basis for belief
shall be determined using criteria that include the size of the
person's business, customary industry practices (including
customary industry practices current at the time of the
recycling transaction designed to minimize, through source
control, contamination of the recyclable material by hazardous
substances), the price paid in the recycling transaction, and
the ability of the person to detect the nature of the consuming
facility's operations concerning its handling, processing,
reclamation, or other management activities associated with the
recyclable material.
``(3) Treatment of certain requirements as substantive
provisions.--For purposes of this subsection, a requirement to
obtain a permit applicable to the handling, processing,
reclamation, or other management activities associated with
recyclable material shall be deemed to be a substantive
provision.
``(h) Effect on Owner Liability.--Nothing in this section shall be
deemed to affect the liability of a person under subparagraph (A) or
(B) of section 107(a)(1).
``(i) Relationship to Liability Under Other Laws.--Nothing in this
section shall affect--
``(1) liability under any other Federal, State, or local
statute or regulation promulgated pursuant to any such statute,
including any requirements promulgated by the Administrator
under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
``(2) the ability of the Administrator to promulgate
regulations under any other statute, including the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
``(j) Limitation on Statutory Construction.--Nothing in this
section shall be construed to affect any liability under section
107(a)(1) of any person with respect to any material other than a
recyclable material subject to subsection (a).''.
(b) Service Station Dealers.--Section 114(c) (42 U.S.C. 9614(c)) is
amended--
(1) in paragraph (1)--
(A) by striking ``No person'' and inserting ``A
person'';
(B) by striking ``may recover'' and inserting ``may
not recover'';
(C) by striking ``if such recycled oil'' and
inserting ``unless the service station dealer''; and
(D) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) mixed the recycled oil with any other
hazardous substance; or
``(B) did not store, treat, transport, or otherwise
manage the recycled oil in compliance with any
applicable regulations or standards promulgated
pursuant to section 3014 of the Solid Waste Disposal
Act and other applicable authorities that were in
effect on the date of such activity.''; and
(2) by striking paragraph (4).
SEC. 311. ALLOCATION.
Title I (42 U.S.C. 9601 et seq.) is amended by adding at the end
the following new section:
``SEC. 131. ALLOCATION.
``(a) Purpose of Allocation.--The purpose of an allocation under
this section is to determine equitable shares of liability for the
costs of performing a response action that is eligible for an
allocation under this section, including the equitable share of
liability to be borne by the Trust Fund under subsection (i).
``(b) Eligible Response Action.--A response action is eligible for
an allocation under this section if--
``(1) the performance of such response action is not the
subject of a consent decree or an administrative order as of
March 25, 1999; and
``(2) the President's estimate of the cost of such response
action exceeds $2,000,000.
``(c) Allocation Process.--
``(1) In general.--The President shall initiate an
allocation under this section for each eligible response action
by filing a cost recovery and declaratory judgment action under
section 107 for costs of response to a release or threatened
release of hazardous substances from a facility or vessel in
the district court of the United States in the district in
which such release occurs.
``(2) Stay.--The President shall seek a stay of litigation
of the action referred to in paragraph (1) until 150 days after
the issuance of an allocator's report unless the court
determines that a stay will result in manifest injustice.
``(3) Jurisdiction of the court.--Upon the filing of the
action referred to in paragraph (1), the court shall have
jurisdiction to ensure that a fair and equitable allocation of
liability is undertaken by a neutral allocator selected by
agreement of the parties, or by the court, under such process
or procedures as are agreed to by the parties, or ordered by
the court.
``(d) Discretionary Allocation Process.--Notwithstanding subsection
(a)(1), the President may initiate an allocation under this section for
any response action.
``(e) Early Offer of Settlement.--As soon as practicable and prior
to the selection of an allocator, the President shall provide an
estimate of the aggregate Fund share in accordance with subsection (i).
The President shall offer to contribute to a settlement of liability
for response costs on the basis of this estimate.
``(f) Representation of the United States and Affected States.--The
Administrator or the Attorney General, as a representative of the Fund,
and a representative of any State that is or may be responsible
pursuant to section 104(c)(3) for any costs of a response action that
is the subject of an allocation shall be entitled to participate in the
allocation proceeding to the same extent as any potentially responsible
party.
``(g) Moratorium on Litigation.--
``(1) Moratorium on litigation.--No person may commence any
civil action or assert any claim under this Act seeking
recovery of any response costs, or contribution toward such
costs, in connection with any response action for which the
President has initiated an allocation under this section, until
150 days after issuance of the allocator's report or of a
report under this section.
``(2) Stay.--If any action or claim referred to in
paragraph (1) is pending on the date of enactment of this
section or on the date of initiation of an allocation, such
action or claim (including any pendant claim under State law
over which a court is exercising jurisdiction) shall be stayed
until 150 days after the issuance of the allocator's report or
of a report under this section, unless the court determines
that a stay will result in manifest injustice.
``(3) Tolling of limitations period.--Any applicable
limitations period with respect to actions subject to paragraph
(1) shall be tolled from the earlier of--
``(A) the date of listing of the facility on the
National Priorities List, where such listing occurs
after the date of enactment of this section; or
``(B) the commencement of the allocation process
pursuant to this section, until 180 days after rejects
or waives its right to reject the allocator's report.
``(h) Effect on Principles of Liability.--The allocation process
under this section shall not be construed to modify or affect in any
way the principles of liability under this title as determined by the
courts of the United States.
``(i) Fund Share.--For each response action that is the subject of
an allocation under this section, the allocator shall determine the
share of response costs, if any, to be allocated to the Fund. The Fund
share shall consist of the sum of following amounts:
``(1) The amount attributable to the aggregate share of
response costs that the allocator determines to be attributable
to parties who are not affiliated with any potentially
responsible party and whom the President determines are
insolvent or defunct.
``(2) The amount attributable to the difference in the
aggregate share of response costs that the allocator determines
to be attributable to parties who have resolved their liability
to the United States for the response and the amount actually
assumed by those parties in any settlement for the response
action with the United States. Except where such settlements
include a consideration of ability to pay, the allocator may
presume that the amount accepted by the United States in a
settlement is that party's equitable share.
``(3) Except as provided in subsection (j), the amount
attributable to the aggregate share of response costs that the
allocator determines to be attributable to persons who are
entitled to an exemption from liability under subsection (o) or
(p) of section 107 or section 114(c) or 130 at a facility or
vessel on the National Priorities List.
``(4) The amount attributable to the difference in the
aggregate share of response costs that an allocator determines
to be attributable to persons subject to a limitation on
liability under section 107(q) and the amount actually assumed
by those parties in accordance with such limitation.
``(j) Certain MSW Generators.--Notwithstanding subsection (i)(3),
the allocator shall not attribute any response costs to any person who
would have been liable under section 107(a)(1)(C) but for the exemption
from liability under section 107(p) and who is--
``(1) an owner, operator, or lessee of residential
property;
``(2) a business entity that employs no more than 100
individuals and is a small business concern as defined under
the Small Business Act (15 U.S.C. 631 et seq.); or
``(3) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code if such organization employs no more than
100 paid individuals at the involved chapter, office, or
department.
``(k) Unattributable Share.--The share attributable to the
aggregate share of response costs incurred to respond to materials
containing hazardous substances for which no generator, transporter, or
owner or operator at the time of disposal or placement can be
identified shall be divided pro rata among the potentially responsible
parties and the Fund share determined under subsection (i).
``(l) Expedited Allocation.--At the request of the potentially
responsible parties or the United States, to assist in reaching
settlement, the allocator may, prior to reaching a final allocation of
response costs among all parties, first provide an estimate of the
aggregate Fund share, in accordance with subsection (i), and an
estimate of the aggregate share of the potentially responsible parties.
``(m) Other Settlements.--The President may use the authority under
section 122(g) to enter into settlement agreements with respect to any
response action that is the subject of an allocation at any time.
``(n) Settlements Based on Allocations.--
``(1) In general.--Subject to paragraph (2), the President
shall accept an offer of settlement of liability for a response
action that is the subject of an allocation if--
``(A) the offer is made within 90 days after
issuance of the allocator's report; and
``(B) the offer is based on the share of response
costs specified by the allocator and such other terms
and conditions (other than the allocated share of
response costs) as are acceptable to the President.
``(2) Rejection of allocation report.--The requirement of
paragraph (1) to accept an offer of settlement shall not apply
if the Administrator and the Attorney General reject the
allocation report.
``(o) Reimbursement for UAO Performance.--
``(1) Reimbursement.--Parties who satisfactorily perform
work under an administrative order issued under section 106(a)
with respect to a remedial action for which an allocation is
required by subsection (c) shall be entitled to reimbursement
for the reasonable and necessary costs of work they perform in
excess of the share assigned to them in the allocation in
accordance with the provisions of this section if the
allocation report is not rejected by the United States and,
that, at the end of the moratorium following the allocation,
the performing party, in consideration of such reimbursement--
``(A) agrees not to contest liability for all
response costs not inconsistent with the National
Contingency Plan to the extent of the allocated share;
``(B) receives no covenant not to sue; and
``(C) waives contribution rights against all
parties who are potentially responsible parties for the
response action, as well as waives any rights to
challenge any settlement the President enters into with
any other potentially responsible party.
``(2) Offset.--Any reimbursement provided to a performing
party under this subsection shall be subject to equitable
offset or reduction by the Administrator upon a finding of a
failure to perform any aspect of the remedy in a proper and
timely manner.
``(3) Time of payment.--Any reimbursement to a performing
party under this subsection shall be paid after work is
completed, but no sooner than completion of the construction of
the remedial action and, subject to paragraph (5), without any
increase for interest or inflation.
``(4) Limit on amount of reimbursement.--The amount of
reimbursement under this subsection shall be further limited as
follows:
``(A) Performing parties who waive their right to
challenge remedy selection at the end of the moratorium
following allocation shall be entitled to reimbursement
of actual dollars spent by each such performing party
in excess of the party's share and attributable by the
allocator to the Fund share under subsection (i).
``(B) Performing parties who retain their right to
challenge the remedy shall be reimbursed (i) for actual
dollars spent by each such performing party, but not to
exceed 90 percent of the Fund share, or (ii) an amount
equal to 80 percent of the Fund share if the Fund share
is less than 20 percent of responsibility at the site.
``(5) Reimbursement of shares attributable to other
parties.--If reimbursement is made under this subsection to a
performing party for work in excess of the performing party's
allocated share that is not attributable to the Fund share, the
performing party shall be entitled to all interest (prejudgment
and post judgment, whether recovered from a party or earned in
a site account) that has accrued on money recovered by the
United States from other parties for such work at the time
construction of the remedy is completed.
``(6) Reimbursement claims.--The Administrator shall
require that all claims for reimbursement be supported by--
``(A) documentation of actual costs incurred; and
``(B) sufficient information to enable the
Administrator to determine whether such costs were
reasonable.
``(7) Independent auditing.--The Administrator may require
independent auditing of any claim for reimbursement.
``(p) Post-Settlement Litigation.--Following expiration of the
moratorium periods under subsection (g), the United States may request
the court to lift the stay and proceed with an action under this Act
against any potentially responsible party that has not resolved its
liability to the United States following an allocation, seeking to
recover response costs that are not recovered through settlements with
other persons. All such actions shall be governed by the principles of
liability under this Act as determined by the courts of the United
States. In allocating response costs among persons determined by the
court to be liable in such litigation, the court may use the
allocator's report as a basis for such allocation.
``(q) Response Costs.--
``(1) Description.--The following costs shall be considered
response costs for purposes of this Act:
``(A) Costs incurred by the United States and the
court of implementing the allocation procedure set
forth in this section, including reasonable fees and
expenses of the allocator.
``(B) Costs paid from amounts made available under
section 111(a)(1).
``(2) Settled parties.--Any costs of allocation described
in paragraph (1)(A) and incurred after a party has settled all
of its liability with respect to the response action or actions
that are the subject of the allocation may not be recovered
from such party.
``(r) Federal, State, and Local Agencies.--All Federal, State, and
local governmental departments, agencies, or instrumentalities that are
identified as potentially responsible parties shall be subject to, and
be entitled to the benefits of, the allocation process and allocation
determination provided by this section to the same extent as any other
party.
``(s) Savings Provisions.--Except as otherwise expressly provided,
nothing in this section shall limit or affect the following:
``(1) The President's--
``(A) authority to exercise the powers conferred by
sections 103, 104, 105, 106, 107, or 122;
``(B) authority to commence an action against a
party where there is a contemporaneous filing of a
judicial consent decree resolving that party's
liability;
``(C) authority to file a proof of claim or take
other action in a proceeding under title 11, United
States Code;
``(D) authority to file a petition to preserve
testimony under Rule 27 of the Federal Rules of Civil
Procedure; or
``(E) authority to take action to prevent
dissipation of assets, including actions under chapter
176 of title 28, United States Code.
``(2) The ability of any person to resolve its liability at
a facility to any other person at any time before or during the
allocation process.
``(3) The validity, enforceability, finality, or merits of
any judicial or administrative order, judgment, or decree
issued, signed, lodged, or entered, before the date of
enactment of this paragraph with respect to liability under
this Act, or authority to modify any such order, judgment, or
decree with regard to the response action addressed in the
order, judgment or decree.
``(4) The validity, enforceability, finality, or merits of
any pre-existing contract or agreement relating to any
allocation of responsibility or any indemnity for, or sharing
of, any response costs under this Act.''.
TITLE IV--REMEDY SELECTION
SEC. 401. REMEDY SELECTION.
(a) Remedy Selection.--Section 121(b) (42 U.S.C. 9621(b)) is
amended--
(1) by striking ``(1) Remedial'' and all that follows
through ``or containment.'' and inserting the following:
``(1) Health and environmental standards.--
``(A) In general.--Final remedies selected under
this Act shall protect human health and the
environment.
``(B) Exposure information.--Exposure assessments
shall be consistent with the current and reasonably
anticipated uses of land, water, and other resources as
identified under paragraph (2). The President shall
consider and use, in selecting final remedies under
this Act, information made available to the President
on actual exposure to hazardous substances or
pollutants or contaminants, along with other relevant
information.
``(C) Plants and animals.--In determining what is
protective of plants and animals for purposes of this
section, the President shall base such determinations
on the significance of impacts from a release or
releases of hazardous substances from a facility to
local populations or communities of plants and animals
or ecosystems. If a species is listed as threatened or
endangered under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) impacts to individual plants or
animals may be considered to be impacts to populations
of plants or animals.
``(2) Anticipated use of land, water, and other
resources.--
``(A) In general.--For purposes of selecting the
method or methods of remediation appropriate for a
given facility, the President shall identify the
current and reasonably anticipated uses of land, water,
and other resources at and around the facility and the
timing of such uses.
``(B) Institutional controls.--Land use assumptions
restricting future use can be used in evaluating
remedial alternatives only to the extent that
institutional controls meeting the criteria of
subsection (g) have been or will be adopted in the
final remedy.
``(C) Inclusion in administrative record.--All
information considered by the President in evaluating
current and reasonably anticipated future land uses
under this subsection shall be included in the
administrative record under section 113(k).
``(3) Site-specific risk assessment.--The President shall
use site-specific risk assessment that meets the requirements
of the principles set forth in section 132 to--
``(A) determine the nature and extent of risk to
human health and the environment;
``(B) assist in establishing remedial objectives
for the facility respecting releases or threatened
releases, and in identifying geographic areas or
exposure pathways of concern; and
``(C) evaluate alternative remedial actions for the
facility to determine their risk reduction benefits and
assist in selecting the remedial action for the
facility that meets the criteria of paragraph (1).
``(4) Appropriate remedial action.--
``(A) Remedy evaluation.--The President shall
identify appropriate remedial options, including
options with a treatment component, that are designed
to meet the standards set forth in this section within
a reasonable period of time and considering reasonable
points of compliance (as determined by the President)
and shall select an appropriate remedy by balancing the
following factors:
``(i) The effectiveness of the remedy,
including its implementability.
``(ii) The long-term reliability of the
remedy, that is, its capability to achieve
long-term protection of human health and the
environment, including consideration of the
preference for treatment of principal threats.
``(iii) Any short-term risk posed by the
implementation of the remedy to the affected
community, to those engaged in the cleanup
effort, and to the environment.
``(iv) The acceptability of the remedy to
the affected community, including the affected
local government.
``(v) The reasonableness of the cost of the
remedy.
``(B) Consideration of treatment as a component of
a remedy.--
``(i) In general.--In balancing factors
under subparagraph (A) and determining the
appropriate remedial action, the President
shall give preference to remedies that include
a treatment component for facilities with
source materials that constitute a principal
threat.
``(ii) Selection of a remedy without a
treatment component.--In the case of a facility
containing source materials that constitute a
principal threat, if the President selects a
remedy that does not include a treatment
component, the President shall publish an
explanation of why such treatment component was
not included in the remedy.'';
(2) by striking ``The President'' and inserting ``(5)
Protective remedies.--The President'';
(3) by striking ``If the'' and all that follows through
``not selected.'';
(4) by striking ``(2) The President'' and inserting the
following:
``(6) Alternative remedial actions.--The President''; and
(5) by aligning the remainder of the text of paragraph (6)
(as designated by paragraph (4) of this subsection)
accordingly.
(b) Applicable Standards.--Section 121(d) (42 U.S.C. 9621(d)) is
amended--
(1) in paragraph (1) by striking the last sentence;
(2) in paragraph (2)(A)--
(A) by inserting ``that is generally applicable,
that is consistently applied to response actions in the
State,'' after ``subparagraph (A),'';
(B) by striking ``or is relevant and appropriate
under the circumstances of the release or threatened
release of such hazardous substance or pollutant or
contaminant'';
(C) by striking ``or relevant and appropriate'';
(D) by striking ``Level Goals'' and inserting
``Levels'';
(E) by striking ``goals or'' and inserting ``levels
or''; and
(F) by adding at the end the following:
``The President shall closely examine whether a requirement is of
general applicability under clause (ii) if, in practice, the
requirement only applies to one facility in the State or if the
requirement only applies to facilities owned or operated by the United
States.''; and
(3) by adding at the end the following:
``(5) Exclusions.--The standards, requirements, criteria,
and limitations referred to in paragraph (2) shall not
include--
``(A) any requirement with respect to the return,
replacement, or disposal of contaminated media,
residuals, or other solid waste or contaminated media
into the same medium in or very near existing areas of
contamination on site; or
``(B) any requirement for a reduction in
concentrations of contaminants below background
levels.''.
(c) Institutional Controls.--Section 121 (42 U.S.C. 9621) is
amended by adding at the end the following:
``(g) Institutional Controls.--
``(1) Assurances.--In any case in which the President
selects a remedial action that relies on restrictions on the
use of land, water, or other resources or other activities to
provide protection, the President shall ensure that such
controls, taken together with other response measures, are
adequate to protect human health and the environment.
Institutional controls which form a significant portion of the
basis for a finding that a set of remedial options will
adequately protect human health and the environment must be--
``(A) enforceable;
``(B) publicly noticed; and
``(C) as appropriate for deed restrictions or other
similar measure, incorporated in the recordation
systems of the appropriate jurisdiction where the
property is located.
The President may allow for a reasonable schedule for
appropriate public notice and recordation.
``(2) Identification and registry.--Each record of decision
with respect to a facility shall clearly identify any
institutional controls that restrict uses of land, water, or
other resources or other activities at the facility. The
President shall also provide the identity of the Government
official who is primarily responsible for monitoring and
enforcing the institutional controls. The President shall
maintain a registry of restrictions on the use of land, water,
or other resources through institutional controls that are
included in final records of decision as part of the basis of
decision at National Priorities List facilities.''.
(d) Remedial Design.--Section 121 is further amended by adding at
the end the following:
``(h) Remedial Design.--Where appropriate and practicable, remedial
designs for remedies selected under this section shall seek to
accommodate existing beneficial uses of the contaminated property and
shall seek to expedite the return of contaminated property to
beneficial use, including the return to beneficial use of separate
areas within a facility prior to completion of the remedial action for
an entire facility.''.
SEC. 402. HAZARDOUS SUBSTANCE PROPERTY USE.
Section 104 (42 U.S.C. 9604) is amended by adding at the end the
following:
``(k) Hazardous Substance Property Use.--
``(1) Authority of president to acquire easements.--In
connection with any remedial action under this Act, in order to
prevent exposure to, reduce the likelihood of, or otherwise
respond to a release or threatened release of a hazardous
substance, pollutant, or contaminant, the President may
acquire, at fair market value, or for other consideration as
agreed to by the parties, a hazardous substance easement which
restricts, limits, or controls the use of land or other natural
resources, including specifying permissible or impermissible
uses of land, prohibiting specified activities upon property,
prohibiting the drilling of wells or use of ground water, or
restricting the use of surface water.
``(2) Use of easements.--A hazardous substance easement
under this subsection may be used wherever institutional
controls have been selected as a component of a remedial action
under this Act and the National Contingency Plan.
``(3) Persons subject to easements.--A hazardous substance
easement shall be enforceable in perpetuity (unless terminated
and released as provided for in this section) against any owner
of the affected property and all persons who subsequently
acquire an interest in the property or rights to use the
property, including lessees, licensees, and any other person
with an interest in the property, without respect to privity or
lack of privity of estate or contract, lack of benefit running
to any other property, assignment of the easement to another
party or sale or other transfer of the burdened property, or
any other circumstance which might otherwise affect the
enforceability of easements or similar deed restrictions under
the laws of the State. The easement shall be binding upon
holders of any other interests in the property regardless of
whether such interests are recorded or whether they were
recorded prior or subsequent to the easement, and shall remain
in effect notwithstanding any foreclosure or other assertion of
such interests.
``(4) Contents of easements.--A hazardous substance
easement shall contain, at a minimum--
``(A) a legal description of the property affected;
``(B) the name or names of any current owner or
owners of the property as reflected in public land
records;
``(C) a description of the release or threatened
release; and
``(D) a statement as to the nature of the
restriction, limitation, or control created by the
easement.
``(5) Recording and filing of easement.--Whenever the
President acquires a hazardous substance easement or assigns a
hazardous substance easement to another party, the President
shall record the easement in the public land records for the
jurisdiction in which the affected property is located. If the
State has not by law designated an office for the recording of
interests in real property or claims or rights burdening real
property, the easement shall be filed in the office of the
clerk of the United States district court for the district in
which the affected property is located and the registry.
``(6) Methods of acquiring easements.--The President may
acquire a hazardous substance easement by purchase or other
agreement, by condemnation, or by any other means permitted by
law. Compensation for such easement shall be at fair market
value, or for other consideration as agreed to by the parties,
for the interest acquired.
``(7) Assignment of easements to parties other than the
president.--
``(A) Authority to assign.--The President may,
where appropriate and with the consent of the State or
other governmental entity, assign an easement acquired
under this subsection to a State or other governmental
entity that has the capability of effectively enforcing
the easement over the period of time necessary to
achieve the purposes of the easement. In the case of
any assignment, the easement shall also be fully
enforceable by the assignee. Any assignment of such an
easement by the President may be made by following the
same procedures as are used for the transfer of an
interest in real property to a State under subsection
(j).
``(B) Easements held by other persons.--
``(i) Designation as hazardous substance
easements.--Subject to clause (ii), in a case
in which an institutional control is a
component of a remedy selected under section
121 at a facility listed on the National
Priorities List, the owner of property and the
potential holder of a restrictive easement may
expressly designate, in writing, any interest
in property as a hazardous substance easement
within the meaning of this paragraph.
``(ii) Conditions.--An interest in property
may be designated as a hazardous substance
easement under clause (i) if such interest is
granted to a State, an Indian Tribe, or another
governmental entity or other person for the
purpose of restricting or limiting the use of
land, water, or other resources in order to
prevent exposure to, reduce the likelihood of,
or otherwise respond to a release or threatened
release of a hazardous substance, pollutant, or
contaminant from such a facility.
``(iii) Effect of designation.--When
properly recorded or filed under paragraph (5),
a hazardous substance easement designated under
clause (i) shall create the same rights, have
the same legal effect, and be enforceable in
the same manner as a hazardous substance
easement acquired by the President regardless
of whether the interest in property is
otherwise denominated as an easement, covenant,
or any other form of property right.
``(8) Public notice.--Not later than 180 days after the
date of the enactment of this subsection, the President shall
issue regulations regarding the procedures to be used for
public notice of proposed property use restrictions. Such
regulations shall ensure that before acquiring a hazardous
substance easement, and before recording any notice of such
easement, the President will give notice and an opportunity to
comment to the owner of the affected property, all other
persons with recorded interests in the property, any lessees or
other authorized occupants of the property known to the
President, the State and any municipalities in which the
property is located, any relevant Community Advisory Group
established under section 117, the affected community, and the
general public.
``(9) Termination or modification of easements.--An
easement acquired under this subsection shall remain in force
until the Administrator approves a modification or termination
and release of the easement and, following such approval, the
holder of the easement executes and records such modification
or termination and release in accordance with the terms of the
easement. Such modification or termination shall be recorded in
the same manner as the easement. A person may conduct
additional response actions at a facility to allow for
unrestricted use of the facility and may subsequently request
termination of the easement. Such a request shall be granted by
the holder of the easement and approved by the President, in
the discretion of the holder and the President, if the holder
and the President determine that the easement is no longer
necessary to protect human health and the environment.
``(10) Enforcement.--
``(A) Effect of violations.--Violation of any
restriction, limitation, or control imposed under a
hazardous substance easement shall have the same effect
as failure to comply with an order issued under section
106 and relief may be sought either in enforcement
actions under section 106(b)(1) or section 120(g), by
States under section 121(e)(2), or in citizens suits
under section 310. No citizens suit under section 310
to enforce such a notice may be commenced if the holder
of the easement has commenced and is diligently prosecuting an action
in court to enforce the easement.
``(B) Enforcement actions.--The President may take
appropriate enforcement actions to ensure compliance
with the terms of the easement whenever the President
determines that the terms set forth in the easement are
being violated. If the easement is held by a party
other than the President and that party has not taken
appropriate enforcement actions, the President may
notify the party of the violation. If the party does
not take appropriate enforcement actions within 30 days
of such notification, or sooner in the case of an
imminent hazard, the President may initiate such
enforcement actions.
``(C) Savings clause.--Nothing in this section
shall limit rights or remedies available under other
laws.
``(11) Applicability of other provisions.--Holding a
hazardous substance easement shall not in itself subject either
the holder thereof or the owner of the affected property to
liability under section 107. Any such easement acquired by the
President shall not be subject to the requirements of
subsection (j)(2) or section 120(h). Nothing in this subsection
limits or modifies the authority of the President pursuant to
subsection (j)(1).''.
SEC. 403. RISK ASSESSMENT STANDARDS.
Title I (42 U.S.C. 9601-9626) is amended by adding at the end the
following:
``SEC. 132. RISK ASSESSMENT PRINCIPLES, GUIDELINES, AND REVIEWS.
``Risk assessments and characterizations conducted under this Act
shall--
``(1) provide objective assessments, estimates, and
characterizations which neither minimize nor exaggerate the
nature and magnitude of risks to human health and the
environment;
``(2) distinguish scientific findings from other
considerations;
``(3) be based on the best, relevant, and current
scientific and technical information, including (A) available
epidemiologic data, (B) available data on bioavailability, (C)
available or reasonably obtainable site-specific information,
and (D) all other relevant information made available to the
President; and
``(4) be based on an analysis of the weight of scientific
evidence that supports conclusions about a problem's potential
risk to human health and the environment.''.
TITLE V--GENERAL PROVISIONS
SEC. 501. TRUST FUND DEFINED.
Section 101(11) (42 U.S.C. 9601(11)) is amended to read as follows:
``(11) The term `Fund' or `Trust Fund' means the Hazardous
Substance Superfund established by section 9507 of the Internal Revenue
Code of 1986.''.
SEC. 502. INDIAN TRIBES.
(a) Treatment Generally.--Section 126(a) (42 U.S.C. 9626(a)) is
amended--
(1) by striking ``and section 105'' and inserting ``,
section 105'';
(2) by inserting before the period at the end the
following: ``, section 117 (regarding public participation),
and section 121 (regarding selection of remedies)''; and
(3) by adding at the end the following: ``In applying this
subsection, any reference contained in a section identified in
the preceding sentence to a facility located in a State shall
include a facility located on lands within the jurisdiction of
a Federal Indian reservation under the jurisdiction of the
United States government.''.
(b) Study.--Section 126(c) (42 U.S.C. 9626(c)) is amended to read
as follows:
``(c) Health Impacts.--
``(1) Study.--The President shall conduct a study of the
health impacts on Indian tribes of pollutants, contaminants,
and hazardous substances released from facilities that have
been listed or proposed for listing on the National Priorities
List.
``(2) Report.--Not later than 2 years after the date of the
enactment of the Superfund Acceleration, Fairness, and
Efficiency Act, the President shall transmit to Congress a
report on the results of the study conducted under this
subsection.''.
SEC. 503. GRANTS FOR TRAINING AND EDUCATION OF WORKERS.
Section 126(g) of the Superfund Amendments and Reauthorization Act
of 1986 (42 U.S.C. 9660a) is amended--
(1) by inserting ``from the Fund'' after ``Grants'' in each
of paragraphs (1), (2), and (3); and
(2) by adding at the end the following:
``(4) Allocation of amounts.--Of the amounts made
available under section 111 to carry out this
subsection in a fiscal year, at least 20 percent shall
be allocated to non-profit organizations described in
paragraph (3) for training minority and other
community-based workers who are or may be directly
engaged in hazardous waste removal or containment or
emergency response actions.''.
SEC. 504. STATE COST SHARE.
Section 104(c)(3) (42 U.S.C. 9604(c)(3)) is amended to read as
follows:
``(3) State cost share.--The President shall not provide
any remedial actions pursuant to this section unless the State
in which the release or threatened release occurs has entered
into a contract or cooperative agreement with the President
that provides assurances, deemed adequate by the President,
that the State will pay or assure payment, in cash or through
in-kind contribution, of 10 percent of the cost of such
remedial action (other than any cost paid by the Fund under
section 111(a)(1)) and 10 percent of the cost of operation and
maintenance.''.
SEC. 505. STATE AND LOCAL REIMBURSEMENT FOR RESPONSE ACTIONS.
Section 123 (42 U.S.C. 9623) is amended to read as follows:
``SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.
``(a) Application.--Any State or general purpose unit of local
government for a political subdivision which is affected by a release
or threatened release at any facility may apply to the President for
reimbursement under this section.
``(b) Reimbursement.--
``(1) Emergency response.--The President is authorized to
reimburse a State or general purpose unit of local government
for expenses incurred in carrying out emergency response
actions necessary to prevent or mitigate injury to human health
or the environment associated with the release or threatened
release of any hazardous substance or pollutant or contaminant.
Such actions may include, where appropriate, security fencing
to limit access, response to fires and explosions, and other
activities which require immediate response at the State or
local level.
``(2) State or local funds not supplanted.--Reimbursement
under this section shall not supplant State or local funds
normally provided for response.
``(c) Amount.--
``(1) Reimbursement to states and general purpose units of
local government.--The amount of any reimbursement to a State
or general purpose unit of local government under subsection
(b)(1) may not exceed $25,000 for a single response. The
reimbursement under this section with respect to a single
facility shall be limited to the State or general purpose unit
of local government having jurisdiction over the political
subdivision in which the facility is located.
``(2) Limitation.--The amounts allowed for the State and
general purpose units of local government may not be combined
for any single response action.
``(d) Procedure.--Reimbursements authorized pursuant to this
section shall be in accordance with rules promulgated by the
Administrator within 1 year after the date of the enactment of the
Recycle America's Land Act of 1999.''.
SEC. 506. STATE ROLE AT FEDERAL FACILITIES.
Section 120(g) (42 U.S.C. 9620(g)) is amended to read as follows:
``(g) State Role at Federal Facilities.--
``(1) Enforcement and dispute resolution.--
``(A) In general.--An interagency agreement under
this section between a State and any department,
agency, or instrumentality of the United States shall
be enforceable by the State or the Federal department,
agency, or instrumentality in the United States
district court for the district in which the facility
is located. The district court shall have the
jurisdiction to enforce compliance with any provision,
standard, regulation, condition, requirement, order, or
final determination which has become effective under
such agreement, and to impose any appropriate civil
penalty provided for any violation of the agreement,
not to exceed $25,000 per day.
``(B) Nonconcurrence by state.--At a Federal
facility in a State to which the President's
authorities under subsection (e)(4) have been
transferred pursuant to a cooperative agreement, if the
State does not concur in the remedy selection proposed
by the Federal department, agency, or instrumentality
that owns or operates the facility, the parties shall
enter into dispute resolution as provided in the
interagency agreement. If there is no interagency
agreement, the State shall, not later than 120 days
after the transfer of authorities under a cooperative
agreement, enter into an agreement with the head of the
department, agency, or instrumentality on a process for
resolving disputes regarding remedy selection for the
facility. If a dispute is unresolved after using the
process under the interagency agreement or dispute
resolution agreement, the head of the Federal
department, agency, or instrumentality that owns the
Federal facility and the Governor of the State shall
attempt to resolve such dispute by consensus. If no
agreement is reached between the head of the Federal
department, agency, or instrumentality and the
Governor, the State may issue the final determination.
In order to compel implementation of the State's
selected remedy, the State must bring a civil action in
the appropriate United States district court. The
district court shall have jurisdiction as provided in
subparagraph (A) to issue any relief that may be
necessary to implement the remedial action, to impose
appropriate civil penalties not to exceed $25,000 per
day from the date the selected remedy becomes final,
and to review any challenges to the State's final
determination consistent with the standards set forth
in section 113(j) of this Act.
``(2) Limitation.--Except as necessary to implement the
transfer of the Administrator's authorities to a State under a
cooperative agreement, nothing in this subsection shall be
construed as altering, modifying, or impairing in any manner,
or authorizing the unilateral modification of, any terms of any
agreement, permit, administrative or judicial order, decree, or
interagency agreement existing on the effective date of the
Recycle America's Land Act of 1999. Any other modifications or
revisions of an interagency agreement entered into under this
section shall require the consent of all parties to such
agreement, and absent such consent the agreement shall remain
unchanged.
``(3) Effect on other authorities.--Nothing in this
subsection shall affect the exercise by a State of any other
authorities that may be applicable to Federal facilities in the
State.''.
SEC. 507. FEDERAL COST STUDY.
(a) In General.--Within 18 months after the date of enactment of
this Act, the Congressional Budget Office shall conduct, and submit to
Congress the results of, a study of the potential costs to the Federal
Government over the next 20 years from Federal liability for natural
resource damages under section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
(b) Methodology.--In conducting the study, the Congressional Budget
Office shall review pleadings filed by the Department of Justice on
behalf of Federal natural resource trustees seeking damages for
restoration of natural resources and shall apply the same statutory
interpretations and methods of calculating damages employed by the
United States, as plaintiff, in determining the potential liability of
the United States, as defendant, in actions seeking recovery for
natural resource damages.
SEC. 508. NO PREEMPTION OF STATE LAW CLAIMS.
Section 302 (42 U.S.C. 9652) is amended by adding at the end the
following:
``(e) No Preemption of State Law Claims.--Section 107 shall not be
construed to preempt any claims under State law for contribution to or
recovery of costs of responding to releases or threatened releases of
hazardous substances.''.
TITLE VI--FUNDING
Subtitle A--Expenditures From the Hazardous Substance Superfund
SEC. 601. EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND.
(a) Expenditures.--Section 111 (42 U.S.C. 9611) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by striking subsections (a), (b), (c), (d), and (e) and
inserting the following:
``(a) Expenditures From Hazardous Substance Superfund.--
``(1) Subsection (b) expenditures.--The following amounts
of amounts appropriated to the Hazardous Substance Superfund
after January 1, 2000, pursuant to section 9507(b) of the
Internal Revenue Code of 1986, and of amounts credited under
section 9602(b) of such Code with respect to those appropriated
amounts shall be available for the purposes specified in
subsection (b):
``(A) For fiscal year 2000, $300,000,000.
``(B) For fiscal year 2001, $300,000,000.
``(C) For fiscal year 2002, $300,000,000.
``(D) For fiscal year 2003, $300,000,000.
``(E) For fiscal year 2004, $300,000,000.
Such funds shall remain available until expended.
``(2) Subsection (c) expenditures.--There is authorized to
be appropriated from the Hazardous Substance Superfund
established pursuant to section 9507(b) of the Internal Revenue
Code of 1986 not more than $7,500,000,000 for the period
beginning October 1, 1999, and ending September 30, 2004, for
the purposes specified in subsection (c) of this section.
``(b) Payments Related to Certain Reductions, Limitations, and
Exemptions.--
``(1) Funding of exempt party fund share.--The President
may use amounts in the Fund made available by subsection (a)(1)
for funding the equitable share of liability attributable to
exempt parties under section 107(s) and the Fund share under
section 131(i).
``(2) Limitations.--
``(A) Funding.--Amounts made available by
subsection (a)(1) for the purposes of this subsection
shall not exceed the following:
``(i) For fiscal year 2000, $300,000,000.
``(ii) For fiscal year 2001, $300,000,000.
``(iii) For fiscal year 2002, $300,000,000.
``(iv) For fiscal year 2003, $300,000,000.
``(v) For fiscal year 2004, $300,000,000.
``(B) Eligible costs.--No funds made available
under paragraph (1) may be used for payment of, or
reimbursement for, any portion of attorneys' fees that
do not constitute necessary costs of response
consistent with section 107(a)(2)(B).
``(c) Response, Removal, and Remediation.--The President may use
amounts in the Fund appropriated under subsection (a)(2) for costs of
response, removal, and remediation (and administrative costs directly
related to such costs), including the following:
``(1) Government response costs.--Payment of governmental
response costs incurred pursuant to section 104, including
costs incurred pursuant to the Intervention on the High Seas
Act.
``(2) Private response cost claims.--Payment of any claim
for necessary response costs incurred by any other person as a
result of carrying out the national contingency plan
established under section 105, if such costs are approved under
such plan, are reasonable in amount based on open and free
competition or fair market value for similar available goods
and services, and are certified by the responsible Federal
official.
``(3) Acquisition costs under section 104(j).--The costs
incurred by the President in acquiring real estate or interests
in real estate under section 104(j) (relating to acquisition of
property).
``(4) State and local government reimbursement.--
Reimbursement to States and local governments under section
123; except that during any fiscal year not more than 0.1
percent of the total amount appropriated under subsection
(a)(2) may be used for such reimbursements.
``(5) Contracts and cooperative agreements.--Payment for
the implementation of any contract or cooperative agreement
under section 104(d).
``(6) Natural resource damage assessments.--The costs of
assessing both short-term and long-term injury to, destruction
of, or loss of any natural resources resulting from a release
of a hazardous substance.
``(7) Natural resource damages.--The costs of Federal or
State or Indian tribe efforts in the restoration,
rehabilitation, or replacement or acquiring the equivalent of
any natural resources injured, destroyed, or lost as a result
of a release of a hazardous substance.
``(d) Administration, Oversight, Research, and Other Costs.--The
President may use amounts in the Fund appropriated under subsection
(a)(2) for the following costs (and administrative costs directly
related to such costs):
``(1) Investigation and enforcement.--The costs of
identifying, investigating, and taking enforcement action
against releases of hazardous substances.
``(2) Overhead.--
``(A) In general.--The costs of providing services,
equipment, and other overhead related to the purposes
of this Act and section 311 of the Federal Water
Pollution Control Act and needed to supplement
equipment and services available through contractors
and other non-Federal entities.
``(B) Damage assessment capability.--The costs of
establishing and maintaining damage assessment
capability for any Federal agency involved in strike
forces, emergency task forces, or other response teams
under the National Contingency Plan.
``(3) Employee safety programs.--The cost of maintaining
programs otherwise authorized by this Act to protect the health
and safety of employees involved in response to hazardous
substance releases.
``(4) Grants for technical assistance.--The cost of grants
under section 117(e) (relating to public participation grants
for technical assistance).
``(5) Worker training and education grants.--The cost of
grants under section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986 for training and education of
workers to the extent that such costs do not exceed $40,000,000
for each of fiscal years 2000, 2001, 2002, 2003, and 2004.
``(6) ATSDR activities.--Any costs incurred in accordance
with subsection (m) of this section (relating to ATSDR) and
section 104(i), including the costs of epidemiologic and
laboratory studies, health assessments, and other activities
authorized by section 104(i).
``(7) Evaluation costs under petition provisions of section
105(d).--Costs incurred by the President in evaluation
facilities pursuant to petitions under section 105(d) (relating
to petitions for assessment of release).
``(8) Contract costs under section 104(a)(1).--The costs of
contracts or arrangements entered into under section 104(a)(1)
to oversee and review the conduct of remedial investigations
and feasibility studies undertaken by persons other than the
President and the costs of appropriate Federal and State
oversight of remedial activities at National Priorities List
sites resulting from consent orders or settlement agreements.
``(9) Research, development, and demonstration costs under
section 311.--The cost of carrying out section 311 (relating to
research, development, and demonstration).
``(10) Awards under section 109.--The costs of any awards
granted under section 109(d) (relating to providing information
concerning violations).
``(e) Limitations on Natural Resources Claims.--No money in the
Fund may be used for the payment of any claim under subsection (c)(7)
or (c)(8) of this section where such expenses are associated with
injury or loss resulting from long-term exposure to ambient
concentrations of air pollutants from multiple or diffuse sources.
``(f) Other Limitations.--
``(1) Limitations on payments of claims.--Claims against or
presented to the Fund shall not be valid or paid in excess of
the total unobligated balance in the Fund at any one time. Such
claims become valid and are payable only when additional money
is collected, appropriated, or otherwise added to the Fund.
Should the total claims outstanding at any time exceed the
current balance of the Fund, the President shall pay such
claims, to the extent authorized under this section, in full in
the order in which they were finally determined.
``(2) Remedial actions at federally owned facilities.--No
money in the Fund shall be available for costs of remedial
action, other than costs specified in subsection (d), with
respect to federally owned facilities; except that money in the
Fund shall be available for the provision of alternative water
supplies (including the reimbursement of costs incurred by a
municipality) in any case involving groundwater contamination
outside the boundaries of a federally owned facility in which
the federally owned facility is not the only potentially
responsible party.
``(3) Remedial actions at facilities not listed on npl.--No
money in the Fund shall be available for response actions that
are not removal actions under section 101(23) with respect to
any facility that is not listed on the National Priorities
List.''.
(b) Additional Amendment.--
(1) Section 111.--Section 111 (42 U.S.C. 9611) is further
amended by striking subsections (j) and (n).
(2) Section 107.--Section 107 (42 U.S.C. 9607) is amended
by striking subsection (k).
SEC. 602. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.
(a) Authorization.--Section 111(p)(1) is amended to read as
follows:
``(1) In general.--The following sums are authorized to be
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Hazardous Substance Superfund:
``(A) For fiscal year 2000, $250,000,000.
``(B) For fiscal year 2001, $250,000,000.
``(C) For fiscal year 2002, $250,000,000.
``(D) For fiscal year 2003, $250,000,000.
``(E) For fiscal year 2004, $250,000,000.
In addition, there is authorized to be appropriated to the
Hazardous Substance Superfund for each fiscal year an amount
equal to so much of the aggregate amount authorized to be
appropriated under this subsection as has not been appropriated
before the beginning of the fiscal year involved.''.
(b) Repeal of Duplicative Authorization.--Subsection (b) of section
517 of the Superfund Amendments and Reauthorization Act of 1986 (26
U.S.C. 9507 note) is hereby repealed.
(c) Conforming Amendment.--Section 9507(a)(2) of the Internal
Revenue Code of 1986 is amended by striking ``section 517(b) of the
Superfund Revenue Act of 1986'' and inserting ``section 111(p) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9611(p))''.
Subtitle B--Extension of Hazardous Substance Superfund
SEC. 611. EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND.
(a) Extension of Taxes.--
(1) Paragraph (1) of section 59A(e) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(1) In general.--The tax imposed by this section shall
apply to taxable years beginning after December 31, 1999, and
before January 1, 2004.''
(2) Paragraph (1) of section 4611(e) of such Code is
amended to read as follows:
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Hazardous Substance Superfund financing rate under
this section shall apply after December 31, 1999, and before
January 1, 2004.''
(3) Paragraph (2) of section 4611(e) of such Code is
amended--
(A) by striking ``1993'' and inserting ``2000'';
(B) by striking ``1994'' each place it appears and
inserting ``2001'';
(C) by striking ``1995'' each place it appears and
inserting ``2002''; and
(D) by striking ``$3,500,000,000'' each place it
appears and inserting ``$1,800,000,000''.
(b) Extension of Repayment Deadline for Superfund Borrowing.--
Subparagraph (B) of section 9507(d)(3) of such Code is amended by
striking ``December 31, 1995'' and inserting ``December 31, 2002''.
(c) Trust Fund Purposes.--Paragraph (1) of section 9507(c) of such
Code is amended by striking subparagraphs (A) and (B) and inserting the
following new subparagraphs:
``(A) to carry out the purposes specified in
subsections (b), (c), and (d) of section 111 CERCLA, or
``(B) hereafter authorized by a law which does not
authorize the expenditure out of the Superfund for a
general purpose not covered by subparagraph (A).''
(d) Coordination With Other Provisions.--Paragraph (2) of section
9507(e) of such Code is amended by striking ``CERCLA'' and all that
follows through ``Acts)'' and inserting ``CERCLA, the Superfund
Amendments and Reauthorization Act of 1986, and Recycle America's Land
Act of 1999 (or in any amendment made by any of such Acts)''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Finance and Hazardous Materials.
Subcommittee Hearings Held.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 22 - 9.
Subcommittee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 69 - 2.
Subcommittee Hearings Held.
Reported (Amended) by the Committee on Transportation. H. Rept. 106-353, Part I.
Reported (Amended) by the Committee on Transportation. H. Rept. 106-353, Part I.