Absolves of liability under CERCLA: (1) certain owners or operators, including heirs, specified treatment works, and owners or operators of rights-of-way; (2) certain non-owner/operators, including small businesses, landfills, de micromis contributors, and recyclers; and (4) contiguous property owners.
Limits the right to seek contribution from other parties in certain circumstances.
Revises provisions regarding settlements.
Establishes a liability allocation process for NPL facilities.
Reauthorizes appropriations to the Hazardous Substance Superfund through FY 2007.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 324 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 324
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
January 31, 2001
Mr. Boehlert introduced the following bill; which was referred to the
Committee on Energy and 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
_______________________________________________________________________
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 2001''.
(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 information 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. Innocent parties.
Sec. 303. Statutory construction.
Sec. 304. Livestock treatment.
Sec. 305. Liability relief for small businesses, municipal solid waste,
sewage sludge, municipal owners and
operators, and de micromis contributors.
Sec. 306. Amendments to section 113.
Sec. 307. Liability of response action contractors.
Sec. 308. Amendments to section 122.
Sec. 309. Clarification of liability for recycling transactions.
Sec. 310. 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. No preemption of State law claims.
Sec. 509. Purchase of American-made equipment, products, and
technologies.
Sec. 510. Development of new technologies and methods.
TITLE VI--EXPENDITURES FROM THE HAZARDOUS SUBSTANCE SUPERFUND
Sec. 601. Expenditures from the Hazardous Substance Superfund.
Sec. 602. Authorization of appropriations from general revenues.
Sec. 603. Completion of National Priorities List.
TITLE VII--REVENUES
Sec. 701. Sense of Committee on Transportation and Infrastructure.
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
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.
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 (including an assessment
of public health implications) 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 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.
``(E) 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) Assistance for development of local government site
remediation programs.--A local government that receives a grant
under this subsection may use up to 10 percent of the amount of
the grant to develop and implement a brownfields site
remediation program, including monitoring of human health of
any populations exposed to hazardous substances from
brownfields facilities, and monitoring and enforcement of any
institutional controls required to prevent human exposure to
any hazardous substances from brownfields facilities.
``(4) 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 subsection shall include information
relevant to the ranking criteria established under
paragraph (5).
``(5) 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 subsection.
``(B) The ability of the eligible entity to monitor
the use of funds provided to loan recipients under this
subsection.
``(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 subsection 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.
``(6) 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 or fines. Except as
provided in subsection (c)(3), no part of such a grant may be
used for the payment of 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) or (c);
``(iii) in the case of an application by a
State under subsection (c), 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) or (c); 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) or (c).
``(e) Approval.--
``(1) Initial grant.--Before the expiration of the fourth
quarter of the first fiscal year following the date of
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)(5).
``(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)(5).
``(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.
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.
``(5) Performing site inventories and assessments.
``(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.
``(d) Funding.--There is authorized to be appropriated for
assistance to States under this section $25,000,000 for each of fiscal
years 2000 through 2007. 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.
``(e) Minimum Amount of Assistance.--Subject to appropriations, the
minimum amount of assistance the Administrator may provide to a State
voluntary cleanup program under this section for a fiscal year shall be
$250,000.
``(f) Limitation on Assistance for Site Inventories.--A State that
receives assistance under this section in a fiscal year shall not be
eligible in assistance for site inventories and assessments under
section 127(b) in such fiscal year.''.
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 or judicial enforcement
action under section 106;
``(2) to take a judicial enforcement action to recover
response costs under section 107 or 113; or
``(3) to bring a private civil action to recover response
costs 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 to recover response
costs 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 response actions are
immediately required to prevent, limit, or mitigate an
emergency and 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 and
the affected States will not take the necessary response
actions in a timely manner.
``(c) Report to Congress.--Not later than 30 days after the date of
any enforcement action by the President against a person described in
subsection (a), the President shall submit a report to Congress
describing the factual and legal basis for such action, with specific
reference to the facts demonstrating that action is permitted under
subsection (b).''.
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 the 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 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 INFORMATION 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 Information Requirements.--
``(1) Additional public involvement requirements.--
``(A) 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.
``(B) Requirements for public information.--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.
``(2) Disclosure of releases of hazardous substances at
superfund sites.--
``(A) Information.--The President shall make the
following information available to the public as
provided in subparagraph (B) about releases of
hazardous substances, pollutants, and contaminants from
covered facilities at the following stages of a
response action:
``(i) Removal actions.--A best estimate of
the releases from the facility before the
removal action is taken, during the period of
the removal action, and that are expected after
the removal action is completed.
``(ii) Remedial investigation.--As part of
the requirements for the remedial
investigation, a summary and best estimate of
the releases from the facility.
``(iii) Feasibility study.--As part of the
feasibility study, a summary and best estimate
of the releases that are expected both during
and at the conclusion of each remedial option
that is considered.
``(iv) Record of decision.--As part of the
record of decision, a summary and best estimate
of the releases that are expected both during
and at the conclusion of implementation of the
selected remedy.
``(v) Construction completion.--After
construction of the remedy is complete and
during operation and maintenance, a periodic
assessment of releases based on any monitoring
required under section 121(g).
``(B) Availability of information.--Information
provided under this paragraph shall be made available
to the residents of the communities surrounding the covered facility,
to police, fire, and emergency medical personnel in the surrounding
communities, and to the general public. To improve access to such
information by Federal, State, and local governments and researchers,
such information may be provided to the general public through
electronic or other means. Such information shall be expressed in
common units and a common format.
``(C) Source of information and methods of
collection.--Nothing in this paragraph shall require
the collection of any additional data beyond that
already collected as part of the response action. If
data are not readily available, the information
provided under this paragraph shall be based on best
estimates.''.
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 facility
eligible for grants under paragraph (1) 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,
after 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 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) public 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 will be provided or summarized in a manner that may
be easily understood by the community, after 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 any relevant
community advisory group, affected Indian tribes, the
affected community, local government officials, and
State and local health officials, as appropriate, to
solicit their concerns and information needs and to
determine the method and timing of involvement in the
response action by the affected community;
``(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 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 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 a
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) by striking the last sentence and inserting the
following:
``In cases of public health emergencies, exposed persons shall
be eligible for referral to licensed or accredited health care
providers.''.
(b) Substance Profiles.--Section 104(i)(3) (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 ``parties.'' 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 list 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 and 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 to develop 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 or health consultation for each facility on
the National Priorities List, including those facilities owned by any
department, agency, or instrumentality of the United States, and those
sites that are the subject of a petition under subparagraph (B). The
preliminary public health assessment or health consultation shall be
commenced as soon as practicable after each facility is proposed for
inclusion on the National Priorities List or the Administrator of ATSDR
accepts a petition for a public health assessment. If the Administrator
of ATSDR, in consultation with local public health officials,
determines that the results of a preliminary public health assessment
or health consultation indicate the need for a public health
assessment, the Administrator of the ATSDR shall conduct the public
health assessment of those sites posing a health hazard. The results of
the public health assessment should be considered in selecting the
remedial action for the facility.
``(ii) The Administrator of ATSDR, in cooperation with States,
shall design public health assessments that take into account the needs
and conditions of the affected community.
``(iii) The Administrator of EPA 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 Administrator of 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:
``(ii) The President and the Administrator of ATSDR shall develop
strategies to obtain relevant on-site and off-site characterization
data for use in the public 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 the
Administrator of ATSDR to complete these assessments.
``(iii) Where 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.
``(iv) In order to improve community involvement in public health
assessments, the Administrator of ATSDR shall carry out each of the
following duties:
``(I) Collect from community advisory 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) Design public health assessments that take into
account the needs and conditions of the affected community.
Community-based research models, local expertise, and local
health resources should be used in designing the public health
assessment. In developing such designs, emphasis shall be
placed on collection of actual exposure data, and sources of
multiple exposure shall be considered.''.
(3) Conforming amendments.--Section 104(i) (42 U.S.C.
9604(i)) is amended by inserting ``public'' before ``health
assessment'' each place it appears and before ``health
assessments'' each place it appears.
(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) Educational materials.--In implementing this
subsection and other health-related provisions of this Act the
Administrator of ATSDR, in cooperation with the States, 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
under 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. 9604(i)(15)) is amended--
(1) by striking ``(15)'' and inserting the following:
``(15) Grants, contracts, and community assistance.--(A)'';
(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) by aligning the text of subparagraph (A) (as designated
by paragraph (1) of this subsection) accordingly; 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. 9604(i)) is
amended by adding at the end the following:
``(19) Peer review committee.--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.''.
(i) Conforming Amendments.--Section 104(i) is further amended--
(1) in paragraph (16) by inserting ``Personnel.--'' after
``(16)'';
(2) in paragraph (17) by inserting ``Authorities.--'' after
``(17)'';
(3) in paragraph (18) by inserting ``Pollutants and
contaminants.--'' after ``(18)''; and
(4) by moving paragraphs (16), (17), and (18) 2 ems to the
right.
SEC. 222. INDIAN HEALTH PROVISIONS.
Section 104(i) (42 U.S.C. 9604(i)) is further amended--
(1) in paragraph (1) by inserting ``the Director of the
Indian Health Service,'' after ``the Secretary of
Transportation,'';
(2) in paragraph (5)(A) by inserting ``and the Director of
the Indian Health Service'' after ``EPA'';
(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
Administrator of ATSDR or EPA must respond in writing to the
State or tribe as to why the Administrator of ATSDR or EPA has
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 public 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:
``(i) Facility Scoring.--The Administrator shall evaluate areas,
such as Indian reservations or poor rural or urban 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) 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 adding 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.''.
(b) Limitation on Liable Parties.--Section 106 is 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
the agency or department is a responsible party under section 107.''
SEC. 302. 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) Owners or operators.--
``(i) In general.--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 a 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; and
``(III) the person exercised
appropriate care with respect to such
hazardous substances.
``(ii) Special rule for property acquired
after date of enactment of cercla.--In addition
to the requirements of clause (i), a person who
acquired ownership of a facility or vessel
after December 11, 1980, must establish by a
preponderance of the evidence that the person,
prior to such acquisition, made all appropriate
inquiry into the previous ownership and uses of
the facility or vessel in accordance with the
generally accepted commercial and customary
standards and practices of the time of
acquisition.
``(iii) Special rule for property acquired
before march 25, 1999.--In addition to the
requirements of clauses (i) and (ii), a person
who acquired a facility or vessel before March
25, 1999, must establish by a preponderance of
the evidence that, at the time the person
acquired the facility or vessel, the person did
not know and had no reason to know that any
hazardous substance which is the subject of a
release or threatened release was disposed of
on, in, or at the facility or vessel. This
clause shall not apply to any person who
expanded, developed, or redeveloped a
commercial or industrial facility,
notwithstanding the presence or potential
presence of hazardous substances, under a
Federal, State, or local program for the
redevelopment of property that is or may be
contaminated by hazardous substances.
``(B) 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 a facility or vessel and who
can establish by a preponderance of the evidence that the person meets
the requirements of subparagraph (A)(i) and that the person acquired
the property by inheritance or bequest.
``(C) 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 subparagraph (A)(i) and that 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) Governmental entities.--There shall be no
liability under subsection (a) for a person that is a
governmental entity, that meets the requirements of
subparagraph (A)(i), and that acquired a facility or
vessel by escheat or through any other involuntary
transfer or by acquisition through the exercise of
eminent domain authority if the person's liability is
based solely on--
``(i) the person's status as an owner or
operator of the facility or vessel; or
``(ii) the granting of a license or permit
to conduct business.
``(E) Owners and operators of sewage treatment
works.--There shall be no liability under subsection
(a) for a person who is an owner or operator of a
treatment works (as defined in section 212(2) of the
Federal Water Pollution Control Act) that is publicly
or federally owned or that, without regard to
ownership, would be considered a publicly owned
treatment works and is principally treating municipal
waste water or domestic sewage and who can establish by
a preponderance of the evidence that--
``(i) the treatment works, at the time of
the release or threatened release, was subject
to and in compliance with substantive
requirements for pretreatment under section 307
of the Federal Water Pollution Control Act
applicable to the hazardous substances,
pollutants, and contaminants that are the
subject of the response action; and
``(ii) the release or threatened release
was not caused by a failure to properly operate
and maintain the treatment works or by conduct
that constitutes gross negligence or
intentional misconduct.
``(F) 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.
``(G) 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 railroad 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 the railroad owner or operator 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 owner or operator;
``(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).
``(H) 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 substances, in light of all
relevant facts, circumstances, and generally
accepted good commercial and customary
standards and practices at the time of the person'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)(i)(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)(i)(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) in any case in which 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 all 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)(ii) shall be made on a site-specific basis
taking into account any specialized knowledge or
experience on the part of the person, the relationship
of the purchase price to the value of the property if
contaminated, commonly known or reasonably
ascertainable information about the property, the
obviousness of the presence or likely presence of
contamination at the property, and the ability to
detect such contamination by appropriate inspection.
``(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)(ii) 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)(ii) if, prior to such acquisition, the
person reviewed a final determination by a State or
Federal environmental or health agency with
jurisdiction over response actions at a facility that
no further response action was planned at the facility
based on the level of risk to human health and the
environment.
``(5) Limitations.--No defense shall be available to any of
the following:
``(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 a facility.
``(C) A person who did not provide all legally
required notices with respect to the discovery or
release of any hazardous substances at a facility.
``(D) A person (other than a person described in
paragraph (2)(B)) who is affiliated with any other
person liable for response costs at a 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 by subsection (l)(3);
``(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 grant.
``(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:
``(H) Contiguous property owner.--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 under separate ownership or operation
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.--Section 101 (42 U.S.C. 9601) is amended
by striking paragraph (35).
SEC. 303. STATUTORY CONSTRUCTION.
Section 107(f) (42 U.S.C. 9607(f)) is amended--
(1) by inserting ``Special Rules for Natural Resources.--''
after ``(f)'';
(2) by indenting paragraph (1) and aligning it with
paragraph (2) of such section; and
(3) 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 addressing
the interpretation and construction of this subsection 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 admissible in the action brought by the
United States.''.
SEC. 304. LIVESTOCK TREATMENT.
Section 107(i) (42 U.S.C. 9607(i)) is amended--
(1) by inserting ``Limitation on Liability for Application
of Pesticide Products.--'' after ``(i)'';
(2) by striking ``No person'' and inserting ``(1) In
general.--No person'';
(3) 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
(4) by indenting and aligning paragraph (1) (as designated
by paragraph (2) of this section) with paragraph (2) (as added
by paragraph (3) of this section).
SEC. 305. LIABILITY RELIEF FOR SMALL BUSINESSES, MUNICIPAL SOLID WASTE,
SEWAGE SLUDGE, MUNICIPAL OWNERS AND OPERATORS, AND DE
MICROMIS CONTRIBUTORS.
(a) Limitation on Liability for Small Businesses.--Section 107 (42
U.S.C. 9607) is amended by adding at the end the following:
``(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)(3) or (a)(4) for response costs or damages at a
facility or vessel on the National Priorities List.
``(2) Limitation.--Paragraph (1) shall not apply to an
action brought by the President against a small business
concern if the hazardous substances attributable to the small
business concern have contributed, or contribute, significantly
to the costs of the response action at the facility.
``(3) Small business concern defined.--In this subsection,
the term `small business concern' means a business entity that
on average over the previous 3 years preceding the date of
notification by the President that the business entity is a
potentially responsible party--
``(A) has no more than 75 full-time employees or
the equivalent thereof; and
``(B) has $3,000,000 or less in gross revenues.''.
(b) Liability Relief for Municipal Solid Waste and Sewage Sludge.--
Section 107 is further amended by adding at the end the following:
``(p) Liability Exemptions and Limitations for Municipal Solid
Waste and Sewage Sludge.--
``(1) Pre-enactment activities.--
``(A) In general.--Except as provided in
subparagraph (B), no person shall be liable under
subsection (a)(3) or (a)(4) for response costs or
damages at a landfill facility on the National
Priorities List to the extent that the person arranged
or transported municipal solid waste or municipal
sewage sludge prior to the date of enactment of this
paragraph for disposal at the landfill facility.
``(B) Exception.--Notwithstanding subparagraph (A),
if the President determines that a person transported
material containing hazardous substances to a landfill
facility that has contributed, or contributes,
significantly to the costs of response at the facility
and such person is engaged in the business of
transporting waste materials, such person may be liable
under subsection (a)(4). The liability of such person
shall be subject to the aggregate limits on liability
for municipal solid waste set forth in paragraph (2).
Any determination of such person's equitable share of
response costs shall be determined on the basis of such
person's equitable share of the aggregate amount of
response costs attributable to municipal solid waste
and municipal sewage sludge under paragraph (2).
``(2) Post-enactment activities.--
``(A) In general.--To the extent that a person or
group of persons is liable under subsection (a)(3) or
(a)(4) for arranging or transporting municipal solid
waste or municipal sewage sludge for disposal at a
landfill facility on the National Priorities List on or
after the date of enactment of this paragraph and is
not exempt from liability under paragraph (3), the
total aggregate liability for all such persons or
groups of persons for response costs at such a landfill
facility shall not exceed 10 percent of such costs.
With respect to actions taken on or after the date that
is 36 months after the date of enactment of this
paragraph this limitation on liability shall apply only
at a landfill facility within a municipality that has
instituted or participates in a qualified household
hazardous waste collection program.
``(B) Expedited settlements.--The President may
offer a person subject to a limitation on liability
under subparagraph (A) an expedited settlement based on
the average unit cost of remediating municipal solid
waste and municipal sewage sludge in landfills in lieu
of the aggregate 10 percent limitation on liability
provided by subparagraph (A).
``(3) Special Rule.--No person shall be liable under
subsection (a)(3) or (a)(4) for response costs or damages at a
landfill facility on the National Priorities List to the extent
that--
``(A) the materials that the person arranged or
transported for disposal consist of municipal solid
waste; and
``(B) the person is--
``(i) an owner, operator, or lessee of
residential property from which all of the
person's municipal solid waste was generated
with respect to the facility;
``(ii) 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.) from which
was generated all of the entity's municipal
solid waste with respect to the facility; or
``(iii) 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 location from which was generated all of
the municipal solid waste attributable to the
organization with respect to the facility.
``(4) Mixed Wastes.--Liability for wastes that do not fall
within the definition of municipal solid waste under paragraph
(5)(A) and are collected and disposed of with municipal solid
wastes and municipal sewage sludge shall be governed by section
107(a) and any applicable exemptions or limitations on
liability without regard to the wastes covered by paragraph
(5)(A).
``(5) Definitions.--In this section, the following
definitions apply:
``(A) Municipal solid waste.--The term `municipal
solid waste' means 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
essentially the same as waste materials normally
generated by households, or (ii) are collected and
disposed of with other municipal solid waste, and
contain hazardous substances that would qualify for the
de micromis exemption under section 107(r). The term
includes food and yard waste, paper, clothing,
appliances, consumer product packaging, disposable
diapers, office supplies, cosmetics, glass and metal
food containers, wooden pallets, cardboard, elementary
or secondary school science laboratory waste, and
household hazardous waste. 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
essentially the same as waste normally generated by
households.
``(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) De Micromis Exemption.--Section 107 is further amended by
adding at the end the following:
``(r) De Micromis Exemption.--
``(1) In general.--In the case of a facility or vessel
listed on the National Priorities List, no person shall be
liable under subsection (a)(3) or (a)(4) if no more than 110
gallons or 200 pounds of materials containing hazardous
substances at the facility or vessel is attributable to such
person, and the acts on which liability is based took place
before the date of enactment of this paragraph.
``(2) Exception.--Paragraph (1) shall not apply in a case
in which the President determines that the material described
in paragraph (1) has contributed, or contributes, significantly
to the costs of response at the facility.''.
(d) Ineligibility for Exemptions or Limitations.--Section 107 is
further amended by adding at the end the following:
``(s) Ineligibility for Exemptions or Limitations.--
``(1) Impeding response or restoration.--The exemptions and
limitations set forth in subsections (o), (p), (q), and (r) 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),
(q), and (r) 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 all
reasonable cooperation and facility access to persons
authorized to conduct response actions at the facility.''.
(e) Exempt Party Funding; Concluded Actions; Oversight Costs.--
Section 107 is further amended by adding at the end the following:
``(t) 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 through an exemption or limitation on
liability under subsection (o), (p), or (q) of this section,
section 114(c), or section 130 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 subsection (a)(3) or (a)(4) but
for the exemption from liability under subsection (p)(3).
``(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).
``(u) Effect on Concluded Actions.--The exemptions from and
limitations on liability provided under subsections (o), (p), (q), and
(r) and sections 114(c) and 130 shall not affect any settlement or
judgment approved by a United States District Court not later than 30
days after the date of enactment of this subsection or any
administrative action against a person otherwise covered by such
exemption or limitation that becomes effective not later than 30 days
after such date of enactment.
``(v) Limitation on Recovery of Oversight Costs.--
``(1) In general.--Costs of oversight of a response action
shall not be recoverable under this section from a person
referred to in paragraph (2) to the extent that such costs
exceed 10 percent of the costs of the response action.
``(2) Accounting of response costs.--Paragraph (1) shall
apply only to a person who provides the Administrator with an
accounting of the direct and indirect costs that the person
incurred in conducting the response action. The Administrator
may require an independent audit of the costs from such
person.''.
(f) 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. 306. AMENDMENTS TO SECTION 113.
Section 113(f) (42 U.S.C. 9613(f)) is amended--
(1) by adding at the end the following:
``(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. 307. LIABILITY OF RESPONSE ACTION CONTRACTORS.
(a) Extension of Negligence Standard.--Subsection (a) of section
119 (42 U.S.C. 9619(a)) is amended--
(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.''; and
(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) 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--
(1) by striking ``carrying out an agreement under section
106 or 122''; and
(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. 308. 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--
(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 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''; and
(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--
(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.'';
(2) 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 in accordance with
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.'';
(3) in subsection (g)(4) by striking ``$500,000'' and
inserting ``$2,000,000'';
(4) 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.).'';
(5) by adding at the end of subsection (g) the following:
``(7) Deadline.--If the President does not make a
settlement offer to a small business on or before the 180th day
following the date of the President's determination that such
small business 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 small business shall have no further liability under this
Act, unless the failure to make a settlement offer on or before
such 180th day is due to circumstances beyond the control of
the President.
``(8) Premiums.--In any settlement under this Act with a
small business, the President may not require the small
business to pay any premium over and above the small business's
share of liability.''; and
(6) 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 302(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. 309. 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)(3) and 107(a)(4) with respect to such material. A
determination whether or not any person shall be liable under section
107(a)(3) or 107(a)(4) for any transaction not covered by subsections
(b) and (c), (d), (e), or (f) of this section shall be made, without
regard to subsections (b), (c), (d), (e), and (f) of this section, on a
case-by-case basis, based on the individual facts and circumstances of
such transaction.
``(b) Recyclable Material Defined.--For purposes of this section,
the term `recyclable material' means scrap paper, scrap plastic, scrap
glass, scrap textiles, scrap rubber, scrap metal, spent lead-acid,
spent nickel-cadmium, and other spent batteries, 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,
and used oil; except that such term shall not include--
``(1) shipping containers with a capacity from 30 liters to
3,000 liters, whether intact or not, having any hazardous
substance (but not metal bits and pieces or hazardous substance
that form an integral part of the container) contained in or
adhering thereto; or
``(2) any item of material containing polychlorinated
biphenyls at a concentration in excess of 50 parts per million
or any new standard promulgated pursuant to applicable Federal
laws.
``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles,
or Rubber.--
``(1) In general.--Transactions involving recyclable
materials that consist of scrap paper, scrap plastic, scrap
glass, scrap textiles, or scrap rubber 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--
``(A) 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; and
``(B) notwithstanding subsection (d)(1)(C), metal
byproducts of the production of copper and copper based
alloys that--
``(i) are not the sole or primary products
of a secondary production process,
``(ii) are not produced separately from the
primary products of a secondary production
process,
``(iii) are not and have not been stored in
a pile or surface impoundment, and
``(iv) are sold to another recycler that is
not speculatively accumulating such byproducts,
except for any scrap metal that the Administrator excludes from
this definition by regulation.
``(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
paragraphs (1)(D) and (1)(E) of subsection (c), 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 meeting used oil
specifications promulgated under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.),
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 section 107(a)(1) or
107(a)(2).
``(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--
``(1) affect any rights, defenses or liabilities under
section 107 of any person with respect to any transaction
involving any material other than a recyclable material subject
to subsection (a) of this section; or
``(2) relieve a plaintiff of the burden of proof that the
elements of liability under section 107 are met under the
particular circumstances of any transaction for which liability
is alleged.''.
(b) Service Station Dealers.--Section 114(c) (42 U.S.C. 9614(c)) is
amended--
(1) in paragraph (1)(B) by striking ``authorities.'' and
inserting ``authorities that were in effect on the date of such
activity.'';
(2) in paragraph (2)--
(A) by striking ``a service station dealer may
presume that'';
(B) by striking ``is not mixed with'' and inserting
``is presumed to be not mixed with''; and
(C) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) has been removed from the engine of a light
duty motor vehicle or household appliance by the owner
of such vehicle or appliance and is presented by such
owner to the dealer for collection, accumulation, and
delivery to an oil recycling facility; or
``(B) has been removed from such an engine or
appliance by the dealer for collection, accumulation,
and delivery to an oil recycling facility.''; and
(3) by striking paragraph (4).
SEC. 310. 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 an equitable allocation of the costs of a
removal or remedial action at a facility on the National Priorities
List that is eligible for an allocation under this section, including
the share to be borne by the Trust Fund under subsection (i).
``(b) Eligible Response Action.--
``(1) In general.--A removal or remedial action is eligible
for an allocation under this section if the action is at a
facility on the National Priorities List and if--
``(A) the performance of the removal or remedial
action is not the subject of an administrative order or
consent decree as of March 25, 1999;
``(B) the President's estimate of the costs for
performing such removal or remedial action that have
not been recovered by the President as of March 25,
1999, exceeds $2,000,000; and
``(C) there are response costs attributable to the
Fund share under subsection (i).
``(2) Excluded response actions.--
``(A) Chain of title sites.--Notwithstanding
paragraph (1), a removal or remedial action is not
eligible for an allocation if--
``(i) the facility is located on a
contiguous area of real property under common
ownership or control; and
``(ii) all of the parties potentially
liable for response costs are current or former
owners or operators of such facility,
unless the current owner of such facility is insolvent
or defunct.
``(B) Current owner.--If the current owner of the
property on which the facility is located is not liable
under section 107(b)(2), the owner immediately
preceding such owner shall be considered to be the
current owner of the property for purposes of subparagraph (A).
``(C) Affiliated parties.--If the current owner is
affiliated with any other person through any direct or
indirect familial relationship or any contractual,
corporate, or financial relationship other than that
created by instruments by which title to the facility
is conveyed or financed or by a contract for the sale
of goods or services, and such other person is liable
for response costs at the facility, such other person's
assets may be considered assets of the current owner
when determining under subparagraph (A) whether the
current owner is insolvent or defunct.
``(c) Discretionary Allocation Process.--Notwithstanding subsection
(b), the President may initiate an allocation under this section for
any removal or remedial action at a facility listed on the National
Priorities List and may provide a Fund share under subsection (i).
``(d) Allocation Process.--For each eligible removal or remedial
action, the President shall ensure that a fair and equitable allocation
of liability is undertaken at an appropriate time by a neutral
allocator selected by agreement of the parties under such process or
procedures as are agreed to by the parties. An allocation under this
section shall apply to subsequent removal or remedial actions for a
facility unless the allocator determines that the allocation should
address only one or more of such removal or remedial actions.
``(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 removal or remedial
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 the
President rejects or waives the President's 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 removal or remedial 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 under section 122(g)(1)(B) (relating to
limited ability to pay settlements) for the removal or remedial
action and the amount actually assumed by those parties in any
settlement for the response action with the United States.
``(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(p) or 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)(3) or 107(a)(4) but for the
exemption from liability under section 107(p)(3).
``(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) Settlement Before Allocation Determination.--
``(1) Settlement of all removal or remedial costs.--A group
of potentially responsible parties may submit to the allocator
a private allocation for any removal or remedial action that is
within the scope of the allocation. If such private allocation
meets each of the following criteria, the allocator shall
promptly adopt it as the allocation report:
``(A) The private allocation is a binding
allocation of at least 80 percent of the past, present,
and future costs of the removal or remedial action.
``(B) The private allocation does not allocate any
share to any person who is not a signatory to the
private allocation.
``(C) The signatories to the private allocation
waive their rights to seek recovery of removal or
remedial costs or contribution under this Act with
respect to the removal or remedial action from any
other party at the facility.
``(2) 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 response
costs for a removal or remedial 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.--The Administrator shall enter into
agreements to provide mixed funding to reimburse parties who
satisfactorily perform, pursuant to an administrative order
issued under section 106, a removal or remedial action eligible
for an allocation under subsection (b) for the reasonable and
necessary costs of such removal or remedial action to the
extent that--
``(A) the costs incurred by a performing party
exceed the share of response costs assigned to such
party in an allocation that is performed in accordance
with the provisions of this section;
``(B) the allocation is not rejected by the United
States; and
``(C) the performing party, in consideration for
such reimbursement--
``(i) agrees not to contest liability for
all response costs not inconsistent with the
National Contingency Plan to the extent of the
allocated share;
``(ii) receives no covenant not to sue; and
``(iii) 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.
``(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) Source of Funds.--Payments made by the Trust Fund, or work
performed on behalf of the Trust Fund, to meet obligations incurred by
the President under this section to pay a Fund share or to reimburse
parties for costs incurred in excess of the parties' allocated shares
under subsections (e), (m), (n), or (o) shall be funded from amounts
made available by section 111(a)(1).
``(t) 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) General Rules.--Section 121(b)(1) (42 U.S.C. 9621(b)(1)) is
amended--
(1) by inserting after the first sentence the following:
``The preference referred to in the preceding sentence may be
implemented in accordance with the November 1991, Environmental
Protection Agency, Office of Solid Waste and Emergency Response
Publication No. 9380.3-06FS, `A Guide to Principal Threat and
Low Level Threat Waste'.'';
(2) by striking ``and'' at the end of subparagraph (F);
(3) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(4) by inserting after subparagraph (G) the following:
``(H) the effectiveness of the remedial action in making
contaminated property available for beneficial use.''.
(b) Site Review Requirement.--Section 121(c) (42 U.S.C. 9621(c)) is
amended--
(1) in the first sentence by striking ``the initiation of''
and inserting ``construction and installation of equipment and
structures to be used for''; and
(2) by inserting after the first sentence the following:
``The President shall review the effectiveness of and
compliance with any institutional controls related to the
remedial action during the review.''.
(c) Degree of Cleanup.--Section 121(d) (42 U.S.C. 9621(d)) is
amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (4), (5), and (6), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Health and environmental standards.--
``(A) Exposure information.--In any case in which
an exposure assessment is conducted, such assessment
shall be consistent with the current and reasonably
anticipated future uses of land, water, and other
resources as identified under paragraph (3).
Information used by the President to determine
potential exposures shall include information made
available to the President on actual exposure to
hazardous substances or pollutants or contaminants that
the President determines is valid and reliable and any
other relevant information.
``(B) 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.
``(3) Anticipated use of land, water, and other
resources.--
``(A) In general.--To assist in 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) Reasonably anticipated uses of land.--In
identifying reasonably anticipated uses of land and the
timing of such uses, the President shall consider
relevant information identified through a process that
includes solicitation of the views of interested
parties, including the affected local government and
the affected local community. The President may meet
this requirement though the process outlined in the May
25, 1995, Environmental Protection Agency, Office of
Solid Waste and Emergency Response Directive No.
9355.7-04, pertaining to `Land Use in the CERCLA Remedy
Selection Process'.
``(C) Reasonably anticipated uses of water.--In
identifying reasonably anticipated uses of water and
the timing of such uses, the President shall consider
relevant information identified through a process that
includes solicitation of the views of interested
parties, including the affected State, the affected
local government, the affected local community, and
affected local water suppliers.
``(D) Special rules for ground water.--The
President shall meet the requirements of subparagraph
(C) for ground water as follows:
``(i) If a State has a comprehensive State
ground water protection program that has
provisions for making site-specific
determinations of use and timing of use and
that has received a written endorsement by the
President, the President shall use the State
determinations of use and timing of use that
are based on such program.
``(ii) If a State does not have a program
described in clause (i), the President shall
identify the reasonably anticipated uses of
ground water and the timing of such uses as
provided in subparagraph (C). In conducting the
analysis, the President shall begin with the
presumption that ground water is drinking
water, if the ground water is within an aquifer
that is classified by a State or the
Administrator as a drinking water aquifer or if
the ground water is within an aquifer that has
not been classified. The presumption may be
rebutted through site-specific information
identified through the analysis of relevant
factors under subparagraph (C).
``(iii) Unless the State has made a
specific determination otherwise under clause
(i), a current or reasonably anticipated
beneficial use of ground water shall not be
identified as drinking water if--
``(I) the ground water contains
more than 10,000 milligrams per liter
total dissolved solids;
``(II) the ground water is so
contaminated by naturally occurring
conditions or by the effects of broad-
scale human activity unrelated to a
specific activity that restoration to
drinking water quality is impracticable; or
``(III) the potential source of
drinking water is physically incapable
of yielding a quantity of 150 gallons
per day of water to a well or spring
without adverse environmental
consequences, unless available
information indicates that such source
is used as a source of drinking water.
``(iv) Following identification of the
reasonably anticipated uses of ground water,
the President may utilize the phased approach
to ground water remediation identified in
October 1996 Environmental Protection Agency,
Office of Solid Waste and Emergency Response
Directive No. 9283.1-12, pertaining to
`Presumptive Response Strategy and Ex-Situ
Treatment Technologies for Contaminated Ground
Water at CERCLA Sites'.
``(E) Institutional controls.--Assumptions
restricting future uses can be used in evaluating
remedial alternatives only to the extent that
institutional controls meeting the criteria of
subsection (g) are identified.
``(F) Inclusion in administrative record.--All
information considered by the President in evaluating
current and reasonably anticipated future land or water
uses under this subsection shall be included in the
administrative record under section 113(k).'';
(3) in paragraph (4) (as redesignated by paragraph (1) of
this subsection) by inserting ``Legally applicable standards.--
'' before ``With respect to'';
(4) in paragraph (4)(A) (as redesignated by paragraph (1)
of this subsection)--
(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'';
(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.'';
(5) in paragraph (5) (as redesignated by paragraph (1) of
this subsection) by inserting ``Limitation on transfers.--''
before ``In the case of'';
(6) in paragraph (6) (as redesignated by paragraph (1) of
this subsection)--
(A) by inserting ``Waivers.--'' before ``The
President''; and
(B) by striking ``(2)'' and inserting ``(4)'';
(7) by adding at the end the following:
``(7) Exclusions.--The standards, requirements, criteria,
and limitations referred to in paragraph (4) shall not include
any requirement for a reduction in concentrations of
contaminants below background levels.''; and
(8) by aligning paragraphs (4), (5), and (6) (as so
redesignated) with paragraph (7) (as added by paragraph (7) of
this subsection) and the subparagraphs, clauses, and subclauses
in such paragraphs accordingly.
(d) States Adjoining Certain Facilities.--Section 121(f) (42 U.S.C.
9621(f)) is amended by adding at the end the following new paragraph:
``(4) States adjoining certain facilities.--The President
shall modify regulations promulgated pursuant to paragraph (1)
to provide to any adjoining State within a 50-mile radius of a
facility owned or operated by the Department of Energy the same
rights as are provided by this subsection to the State in which
such facility is located.''.
(e) Institutional Controls.--Section 121 (42 U.S.C. 9621) is
amended by adding at the end the following:
``(g) Institutional Controls.--
``(1) Use and implementation.--In any case in which the
President selects a remedial action that allows hazardous
substances to remain on-site at a facility above concentration
levels that would be protective for unrestricted use, the
President--
``(A) shall include, as a component of the remedy,
restrictions on the use of land, water, or other
resources necessary to provide long-term protection of
human health and the environment;
``(B) shall require, as a component of the remedy,
ongoing monitoring and operation and maintenance of the
remedy and such remedy shall not be determined to be
complete until such monitoring and operation and
maintenance are established;
``(C) shall require, as a component of the remedy,
that any necessary institutional controls are
effective, implemented, and subject to appropriate
monitoring and enforcement;
``(D) shall ensure through authorities provided
under this Act, including the reviews conducted under
subsection (c), that any necessary institutional
controls remain in effect as long as necessary to
protect human health and the environment, including
ensuring that the enforceability of such institutional
controls will not be adversely affected by any transfer
of the property subject to the controls.
``(2) Restrictions on use.--The President may use
institutional controls as a supplement to, but not as a
substitute for, other response measures at a facility, except
in extraordinary circumstances.
``(3) Notice.--Whenever the President selects, in
accordance with paragraph (1), a remedy at a facility that
relies on institutional controls as an integral component of
the remedy, the President shall--
``(A) clearly specify in the record of decision the
anticipated restrictions on uses of land, water, or
other resources or activities at the facility and the
terms of anticipated institutional controls to
implement those restrictions;
``(B) specify such restrictions and controls in all
other appropriate remedy decision documents and other
public information regarding the site, along with
identification of the unit of government primarily
responsible for monitoring and enforcement of the
institutional controls;
``(C) provide public notice of such controls and,
in the case of a deed restriction, easement, or other
similar measure, incorporate the measure in the public
land records for the jurisdiction in which the affected
property is located;
``(D) to the extent that institutional controls
will be implemented pursuant to an order under section
106, record, in accordance with State law, a notation
on the deed to the facility property, or on some other
instrument which is normally examined during a title
search, that will notify any potential purchaser that
use restrictions are or will be placed on the facility
property pursuant to an order issued under section 106;
and
``(E) undertake any change in the nature or form of
institutional controls at the facility in a manner
consistent with section 117 and give notice pursuant to
the requirements of section 104.
``(4) Registry.--The President shall establish and 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 a component of the remedy at
facilities that are, or have been, on the National Priorities
List. The registry shall identify the property and the nature
or form of the institution controls, including any subsequent
changes in the nature or form of such controls.
``(5) Annual report.--On or before March 1, 2000, and
annually thereafter, the Administrator shall transmit to the
Committee on Commerce and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on each record of decision signed during the previous
fiscal year, the type of institutional controls and media
affected, and the unit of government designated to monitor,
enforce, and ensure compliance with the institutional
controls.''.
(f) 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 all 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 added to the
registry established under section 121(g)(4).
``(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
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.
``(ii) Conditions.--An interest in property
may be designated as a hazardous substance
easement under clause (i) only if such interest
is granted to a State, an Indian Tribe, another
governmental entity, or other person that has
the capability of effectively enforcing the
easement over the period of time necessary to
achieve the purpose of the easement, and such
State, Tribe, governmental entity, or person
consents to the transfer.
``(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, before recording any notice of such
easement, and before terminating or modifying a hazardous
substance 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, 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 all reasonably available, relevant, and
reliable scientific and technical information and shall
describe the process for selecting such information; 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),
section 121 (regarding selection of remedies), and section 128
(regarding State voluntary cleanup programs)''; 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 Recycle America's Land Act of 2001, 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 2001.''.
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 2001. 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.''.
SEC. 509. PURCHASE OF AMERICAN-MADE EQUIPMENT, PRODUCTS, AND
TECHNOLOGIES.
(a) In General.--If an entity that receives financial assistance
under this Act or any law amended by this Act is using all or any part
of such assistance to purchase 1 or more pieces of equipment, products,
or technologies, the entity may only purchase, to the greatest extent
practicable, American-made equipment, products, and technologies with
such assistance.
(b) American-Made Defined.--In this section, the term ``American-
made'' as used with respect to a piece of equipment, a product, or a
technology means that the Federal Trade Commission has determined that
the piece of equipment, product, or technology can display a ``Made in
the USA'' or ``Made in America'' inscription or label or any
inscription or label with the same meaning.
SEC. 510. DEVELOPMENT OF NEW TECHNOLOGIES AND METHODS.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall develop and
submit to Congress a plan to encourage United States companies to
develop new technologies and methods to clean-up sites on the National
Priorities List and other hazardous waste sites. The plan shall be
designed to ensure that the United States is the world leader in the
development of such technologies and methods.
TITLE VI--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) $300,000,000 for each of fiscal years 2000
through 2004.
``(B) $200,000,000 for each of fiscal years 2005
through 2007.
Such funds shall remain available until expended.
``(2) Subsections (c) and (d) 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 for the purposes specified in
subsections (c) and (d) of this section not more than--
``(A) $1,500,000,000 for each of fiscal years 2000
through 2003;
``(B) $1,400,000,000 for fiscal year 2004;
``(C) $1,300,000,000 for fiscal year 2005;
``(D) $1,200,000,000 for fiscal year 2006; and
``(E) $975,000,000 for fiscal year 2007.
``(b) Payments Related to Certain Reductions, Limitations, and
Exemptions.--
``(1) Funding of exempt party and 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(t) and
obligations incurred by the President to pay a Fund share or to
reimburse parties for costs incurred in excess of the parties'
allocated shares under section 131.
``(2) Limitations.--
``(A) Funding.--Amounts made available by
subsection (a)(1) for the purposes of this subsection
shall not exceed the following:
``(i) $300,000,000 for each of fiscal years
2000 through 2004.
``(ii) $200,000,000 for each of fiscal
years 2005 through 2007.
``(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 the national contingency plan.
``(C) Additional purposes.--
``(i) In general.--If, in any of fiscal
years 2000 through 2004, the Administrator does
not have available for obligation for the
purposes of subsections (c) and (d) the amount
specified for the fiscal year in clause (iii),
the Administrator, subject to clause (ii), may
use funds provided under subsection (a)(1) for
such purposes.
``(ii) Limitation.--The total amount of
funds provided under subsection (a)(1) that the
Administrator may use for the purposes of
subsections (c) and (d) may not exceed the
amount specified for the fiscal year in clause
(iii) less the amount which (but for this
subparagraph) would be available to the
Administrator in such fiscal year for such
purposes.
``(iii) Amounts.--The amounts specified in
this clause are $1,500,000,000 for each of
fiscal years 2000 through 2003 and
$1,400,000,000 for fiscal year 2004.
``(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 (33 U.S.C. 1471 et seq.).
``(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.
``(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 through 2007.
``(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, public 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).
``(11) Comprehensive state ground water protection plans.--
Costs of providing assistance to States to develop
comprehensive State ground water protection plans to the extent
such costs do not exceed $3,000,000 in a fiscal year.
``(e) Limitations on Natural Resources Claims.--No money in the
Fund may be used for the payment of any claim under subsection (c)(6)
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 ground water 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 Amendments.--
(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).
(c) Conforming Amendments.--Section 112 (42 U.S.C. 9612) is
amended--
(1) in subsection (a) by striking ``111(a)'' and inserting
``111(c)''; and
(2) in subsection (f) by striking ``111(c)(1) or (2)'' and
inserting ``111(c)(6)''.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL REVENUES.
(a) Authorization.--Section 111(p)(1) (42 U.S.C. 9611(p)(1)) is
amended to read as follows:
``(1) In general.--There is authorized to be appropriated,
out of any money in the Treasury not otherwise appropriated, to
the Hazardous Substance Superfund $250,000,000 for each of
fiscal years 2000 through 2007. 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))''.
SEC. 603. COMPLETION OF NATIONAL PRIORITIES LIST.
(a) Study of 10-Year Funding Needs for Implementing CERCLA.--There
is authorized to be appropriated $1,000,000 for an independent analysis
of the projected 10-year costs to the Environmental Protection Agency
of implementing the programs authorized by the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980. Such
analysis shall include estimates of annual and cumulative costs over
the next 10 years associated with administering such Act by the
Environmental Protection Agency, shall identify sources of uncertainty
in the estimates, and shall be completed by January 1, 2001.
(b) Breakdown of Costs.--The study referred to in subsection (a)
shall include estimates of the following:
(1) Costs for completion of all non-Federal facilities
currently on the National Priorities List.
(2) Costs for completion of all Federal facilities
currently on the National Priorities List.
(3) Costs associated with those non-Federal sites which the
Administrator of the Environmental Protection Agency expects to
be added to the National Priorities List over the next 10
years.
(4) Costs associated with those Federal facilities which
the Administrator expects to be added to the National
Priorities List over the next 10 years.
(5) Costs for operations and maintenance at facilities
currently on, or anticipated to be added over the next 10 years
to, the National Priorities List.
(6) Costs associated with reviews of remedies under section
121(c) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, and any follow-up
activities.
(7) Costs for removal activities.
The study shall not include costs associated with implementing section
127 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
(c) Organizations To Conduct Study.--The cost analysis under
subsection (a) shall be conducted by a neutral, nongovernmental
organization with expertise in the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980. In conducting the
analysis, the nongovernmental organization shall collect relevant
information from experts and other interested persons, including
experts in public budgeting and accounting.
TITLE VII--REVENUES
SEC. 701. SENSE OF COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.
It is the sense of the Committee on Transportation and
Infrastructure of the House of Representatives that--
(1) the environmental taxes, taxes on chemicals, and taxes
on petroleum that provide revenues to the Hazardous Substance
Superfund be reinstated for the period beginning January 1,
2000, and ending December 31, 2007;
(2) the rate of tax and combination of taxes referred to in
paragraph (1) be commensurate with the revenue needs, based on
the amounts made available from the Hazardous Substance
Superfund pursuant to section 111 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, as amended by this Act; and
(3) the taxes that provide revenues to the Hazardous
Substance Superfund may be reauthorized at a lower rate, and
may decline over time, subject to meeting the requirements of
paragraph (2).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and 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 Energy and 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 Energy and 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 Energy and 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 Environment and Hazardous Materials.
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
Sponsor introductory remarks on measure. (CR E689)