H.R.2869
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To provide certain relief for small businesses from liability under
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, and to amend such Act to promote the cleanup and reuse
of brownfields, to provide financial assistance for brownfields revitalization,
to enhance State response programs, 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.
This Act may be cited as the `Small Business Liability Relief and Brownfields
Revitalization Act'.
TITLE I--SMALL BUSINESS LIABILITY PROTECTION
SEC. 101. SHORT TITLE.
This title may be cited as the `Small Business Liability Protection
Act'.
SEC. 102. SMALL BUSINESS LIABILITY RELIEF.
(a) EXEMPTIONS- Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended
by adding at the end the following new subsections:
`(o) DE MICROMIS EXEMPTION-
`(1) IN GENERAL- Except as provided in paragraph (2), a person shall
not be liable, with respect to response costs at a facility on the
National Priorities List, under this Act if liability is based solely
on paragraph (3) or (4) of subsection (a), and the person, except
as provided in paragraph (4) of this subsection, can demonstrate that--
`(A) the total amount of the material containing hazardous substances
that the person arranged for disposal or treatment of, arranged
with a transporter for transport for disposal or treatment of, or
accepted for transport for disposal or treatment, at the facility
was less than 110 gallons of liquid materials or less than 200 pounds
of solid materials (or such greater or lesser amounts as the Administrator
may determine by regulation); and
`(B) all or part of the disposal, treatment, or transport concerned
occurred before April 1, 2001.
`(2) EXCEPTIONS- Paragraph (1) shall not apply in a case in which--
`(A) the President determines that--
`(i) the materials containing hazardous substances referred to
in paragraph (1) have contributed significantly or could contribute
significantly, either individually or in the aggregate, to the
cost of the response action or natural resource restoration with
respect to the facility; or
`(ii) the person has failed to comply with an information request
or administrative subpoena issued by the President under this
Act or has impeded or is impeding, through action or inaction,
the performance of a response action or natural resource restoration
with respect to the facility; or
`(B) a person has been convicted of a criminal violation for the
conduct to which the exemption would apply, and that conviction
has not been vitiated on appeal or otherwise.
`(3) NO JUDICIAL REVIEW- A determination by the President under paragraph
(2)(A) shall not be subject to judicial review.
`(4) NONGOVERNMENTAL THIRD-PARTY CONTRIBUTION ACTIONS- In the case
of a contribution action, with respect to response costs at a facility
on the National Priorities List, brought by a party, other than a
Federal, State, or local government, under this Act, the burden of
proof shall be on the party bringing the action to demonstrate that
the conditions described in paragraph (1)(A) and (B) of this subsection
are not met.
`(p) MUNICIPAL SOLID WASTE EXEMPTION-
`(1) IN GENERAL- Except as provided in paragraph (2) of this subsection,
a person shall not be liable, with respect to response costs at a
facility on the National Priorities List, under paragraph (3) of subsection
(a) for municipal solid waste disposed of at a facility if the person,
except as provided in paragraph (5) of this subsection, can demonstrate
that the person is--
`(A) 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;
`(B) a business entity (including a parent, subsidiary, or affiliate
of the entity) that, during its 3 taxable years preceding the date
of transmittal of written notification from the President of its
potential liability under this section, employed on average not
more than 100 full-time individuals, or the equivalent thereof,
and that is a small business concern (within the meaning of the
Small Business Act (15 U.S.C. 631 et seq.)) from which was generated
all of the municipal solid waste attributable to the entity with
respect to the facility; or
`(C) an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of
such Code that, during its taxable year preceding the date of transmittal
of written notification from the President of its potential liability
under this section, employed not 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.
For purposes of this subsection, the term `affiliate' has the meaning
of that term provided in the definition of `small business concern'
in regulations promulgated by the Small Business Administration in
accordance with the Small Business Act (15 U.S.C. 631 et seq.).
`(2) EXCEPTION- Paragraph (1) shall not apply in a case in which the
President determines that--
`(A) the municipal solid waste referred to in paragraph (1) has
contributed significantly or could contribute significantly, either
individually or in the aggregate, to the cost of the response action
or natural resource restoration with respect to the facility;
`(B) the person has failed to comply with an information request
or administrative subpoena issued by the President under this Act;
or
`(C) the person has impeded or is impeding, through action or inaction,
the performance of a response action or natural resource restoration
with respect to the facility.
`(3) NO JUDICIAL REVIEW- A determination by the President under paragraph
(2) shall not be subject to judicial review.
`(4) DEFINITION OF MUNICIPAL SOLID WASTE-
`(A) IN GENERAL- For purposes of this subsection, the term `municipal
solid waste' means waste material--
`(i) generated by a household (including a single or multifamily
residence); and
`(ii) generated by a commercial, industrial, or institutional
entity, to the extent that the waste material--
`(I) is essentially the same as waste normally generated by
a household;
`(II) is collected and disposed of with other municipal solid
waste as part of normal municipal solid waste collection services;
and
`(III) contains a relative quantity of hazardous substances
no greater than the relative quantity of hazardous substances
contained in waste material generated by a typical single-family
household.
`(B) EXAMPLES- Examples of municipal solid waste under subparagraph
(A) include food and yard waste, paper, clothing, appliances, consumer
product packaging, disposable diapers, office supplies, cosmetics,
glass and metal food containers, elementary or secondary school
science laboratory waste, and household hazardous waste.
`(C) EXCLUSIONS- The term `municipal solid waste' does not include--
`(i) combustion ash generated by resource recovery facilities
or municipal incinerators; or
`(ii) waste material from manufacturing or processing operations
(including pollution control operations) that is not essentially
the same as waste normally generated by households.
`(5) BURDEN OF PROOF- In the case of an action, with respect to response
costs at a facility on the National Priorities List, brought under
section 107 or 113 by--
`(A) a party, other than a Federal, State, or local government,
with respect to municipal solid waste disposed of on or after April
1, 2001; or
`(B) any party with respect to municipal solid waste disposed of
before April 1, 2001, the burden of proof shall be on the party
bringing the action to demonstrate that the conditions described
in paragraphs (1) and (4) for exemption for entities and organizations
described in paragraph (1)(B) and (C) are not met.
`(6) CERTAIN ACTIONS NOT PERMITTED- No contribution action may be
brought by a party, other than a Federal, State, or local government,
under this Act with respect to circumstances described in paragraph
(1)(A).
`(7) COSTS AND FEES- A nongovernmental entity that commences, after
the date of the enactment of this subsection, a contribution action
under this Act shall be liable to the defendant for all reasonable
costs of defending the action, including all reasonable attorney's
fees and expert witness fees, if the defendant is not liable for contribution
based on an exemption under this subsection or subsection (o).'.
(b) EXPEDITED SETTLEMENT- Section 122(g) of such Act (42 U.S.C. 9622(g))
is amended by adding at the end the following new paragraphs:
`(7) REDUCTION IN SETTLEMENT AMOUNT BASED ON LIMITED ABILITY TO PAY-
`(A) IN GENERAL- The condition for settlement under this paragraph
is that the potentially responsible party is a person who demonstrates
to the President an inability or a limited ability to pay response
costs.
`(B) CONSIDERATIONS- In determining whether or not a demonstration
is made under subparagraph (A) by a person, the President shall
take into consideration the ability of the person to pay response
costs and still maintain its basic business operations, including
consideration of the overall financial condition of the person and
demonstrable constraints on the ability of the person to raise revenues.
`(C) INFORMATION- A person requesting settlement under this paragraph
shall promptly provide the President with all relevant information
needed to determine the ability of the person to pay response costs.
`(D) ALTERNATIVE PAYMENT METHODS- If the President determines that
a person is unable to pay its total settlement amount at the time
of settlement, the President shall consider such alternative payment
methods as may be necessary or appropriate.
`(8) ADDITIONAL CONDITIONS FOR EXPEDITED SETTLEMENTS-
`(A) WAIVER OF CLAIMS- The President shall require, as a condition
for settlement under this subsection, that a potentially responsible
party waive all of the claims (including a claim for contribution
under this Act) that the party may have against other potentially
responsible parties for response costs incurred with respect to
the facility, unless the President determines that requiring a waiver
would be unjust.
`(B) FAILURE TO COMPLY- The President may decline to offer a settlement
to a potentially responsible party under this subsection if the
President determines that the potentially responsible party has
failed to comply with any request for access or information or an
administrative subpoena issued by the President under this Act or
has impeded or is impeding, through action or inaction, the performance
of a response action with respect to the facility.
`(C) RESPONSIBILITY TO PROVIDE INFORMATION AND ACCESS- A potentially
responsible party that enters into a settlement under this subsection
shall not be relieved of the responsibility to provide any information
or access requested in accordance with subsection (e)(3)(B) or section
104(e).
`(9) BASIS OF DETERMINATION- If the President determines that a potentially
responsible party is not eligible for settlement under this subsection,
the President shall provide the reasons for the determination in writing
to the potentially responsible party that requested a settlement under
this subsection.
`(10) NOTIFICATION- As soon as practicable after receipt of sufficient
information to make a determination, the President shall notify any
person that the President determines is eligible under paragraph (1)
of the person's eligibility for an expedited settlement.
`(11) NO JUDICIAL REVIEW- A determination by the President under paragraph
(7), (8), (9), or (10) shall not be subject to judicial review.
`(12) NOTICE OF SETTLEMENT- After a settlement under this subsection
becomes final with respect to a facility, the President shall promptly
notify potentially responsible parties at the facility that have not
resolved their liability to the United States of the settlement.'.
SEC. 103. EFFECT ON CONCLUDED ACTIONS.
The amendments made by this title shall not apply to or in any way affect
any settlement lodged in, or judgment issued by, a United States District
Court, or any administrative settlement or order entered into or issued
by the United States or any State, before the date of the enactment
of this Act.
TITLE II--BROWNFIELDS REVITALIZATION AND ENVIRONMENTAL RESTORATION
SEC. 201. SHORT TITLE.
This title may be cited as the `Brownfields Revitalization and Environmental
Restoration Act of 2001'.
Subtitle A--Brownfields Revitalization Funding
SEC. 211. BROWNFIELDS REVITALIZATION FUNDING.
(a) DEFINITION OF BROWNFIELD SITE- Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601) is amended by adding at the end the following:
`(A) IN GENERAL- The term `brownfield site' means real property,
the expansion, redevelopment, or reuse of which may be complicated
by the presence or potential presence of a hazardous substance,
pollutant, or contaminant.
`(B) EXCLUSIONS- The term `brownfield site' does not include--
`(i) a facility that is the subject of a planned or ongoing removal
action under this title;
`(ii) a facility that is listed on the National Priorities List
or is proposed for listing;
`(iii) a facility that is the subject of a unilateral administrative
order, a court order, an administrative order on consent or judicial
consent decree that has been issued to or entered into by the
parties under this Act;
`(iv) a facility that is the subject of a unilateral administrative
order, a court order, an administrative order on consent or judicial
consent decree that has been issued to or entered into by the
parties, or a facility to which a permit has been issued by the
United States or an authorized State under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1321), 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.);
`(I) is subject to corrective action under section 3004(u) or
3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u),
6928(h)); and
`(II) to which a corrective action permit or order has been
issued or modified to require the implementation of corrective
measures;
`(vi) a land disposal unit with respect to which--
`(I) a closure notification under subtitle C of the Solid Waste
Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and
`(II) closure requirements have been specified in a closure
plan or permit;
`(vii) a facility that is subject to the jurisdiction, custody,
or control of a department, agency, or instrumentality of the
United States, except for land held in trust by the United States
for an Indian tribe;
`(viii) a portion of a facility--
`(I) at which there has been a release of polychlorinated biphenyls;
and
`(II) that is subject to remediation under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.); or
`(ix) a portion of a facility, for which portion, 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.
`(C) SITE-BY-SITE DETERMINATIONS- Notwithstanding subparagraph (B)
and on a site-by-site basis, the President may authorize financial
assistance under section 104(k) to an eligible entity at a site
included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph
(B) if the President finds that financial assistance will protect
human health and the environment, and either promote economic development
or enable the creation of, preservation of, or addition to parks,
greenways, undeveloped property, other recreational property, or
other property used for nonprofit purposes.
`(D) ADDITIONAL AREAS- For the purposes of section 104(k), the term
`brownfield site' includes a site that--
`(i) meets the definition of `brownfield site' under subparagraphs
(A) through (C); and
`(ii)(I) is contaminated by a controlled substance (as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802));
`(II)(aa) is contaminated by petroleum or a petroleum product
excluded from the definition of `hazardous substance' under section
101; and
`(bb) is a site determined by the Administrator or the State,
as appropriate, to be--
`(AA) of relatively low risk, as compared with other petroleum-only
sites in the State; and
`(BB) a site for which there is no viable responsible party
and which will be assessed, investigated, or cleaned up by a
person that is not potentially liable for cleaning up the site;
and
`(cc) is not subject to any order issued under section 9003(h)
of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or
`(III) is mine-scarred land.'.
(b) BROWNFIELDS REVITALIZATION FUNDING- Section 104 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604) is amended by adding at the end the following:
`(k) BROWNFIELDS REVITALIZATION FUNDING-
`(1) DEFINITION OF ELIGIBLE ENTITY- In this subsection, the term `eligible
entity' means--
`(A) a general purpose unit of local government;
`(B) a land clearance authority or other quasi-governmental entity
that operates under the supervision and control of or as an agent
of a general purpose unit of local government;
`(C) a government entity created by a State legislature;
`(D) a regional council or group of general purpose units of local
government;
`(E) a redevelopment agency that is chartered or otherwise sanctioned
by a State;
`(G) an Indian Tribe other than in Alaska; or
`(H) an Alaska Native Regional Corporation and an Alaska Native
Village Corporation as those terms are defined in the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 and following) and the Metlakatla
Indian community.
`(2) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT GRANT PROGRAM-
`(A) ESTABLISHMENT OF PROGRAM- The Administrator shall establish
a program to--
`(i) provide grants to inventory, characterize, assess, and conduct
planning related to brownfield sites under subparagraph (B); and
`(ii) perform targeted site assessments at brownfield sites.
`(B) ASSISTANCE FOR SITE CHARACTERIZATION AND ASSESSMENT-
`(i) IN GENERAL- On approval of an application made by an eligible
entity, the Administrator may make a grant to the eligible entity
to be used for programs to inventory, characterize, assess, and
conduct planning related to one or more brownfield sites.
`(ii) SITE CHARACTERIZATION AND ASSESSMENT- A site characterization
and assessment carried out with the use of a grant under clause
(i) shall be performed in accordance with section 101(35)(B).
`(3) GRANTS AND LOANS FOR BROWNFIELD REMEDIATION-
`(A) GRANTS PROVIDED BY THE PRESIDENT- Subject to paragraphs (4)
and (5), the President shall establish a program to provide grants
to--
`(i) eligible entities, to be used for capitalization of revolving
loan funds; and
`(ii) eligible entities or nonprofit organizations, where warranted,
as determined by the President based on considerations under subparagraph
(C), to be used directly for remediation of one or more brownfield
sites owned by the entity or organization that receives the grant
and in amounts not to exceed $200,000 for each site to be remediated.
`(B) LOANS AND GRANTS PROVIDED BY ELIGIBLE ENTITIES- An eligible
entity that receives a grant under subparagraph (A)(i) shall use
the grant funds to provide assistance for the remediation of brownfield
sites in the form of--
`(i) one or more loans to an eligible entity, a site owner, a
site developer, or another person; or
`(ii) one or more grants to an eligible entity or other nonprofit
organization, where warranted, as determined by the eligible entity
that is providing the assistance, based on considerations under
subparagraph (C), to remediate sites owned by the eligible entity
or nonprofit organization that receives the grant.
`(C) CONSIDERATIONS- In determining whether a grant under subparagraph
(A)(ii) or (B)(ii) is warranted, the President or the eligible entity,
as the case may be, shall take into consideration--
`(i) the extent to which a grant will facilitate the creation
of, preservation of, or addition to a park, a greenway, undeveloped
property, recreational property, or other property used for nonprofit
purposes;
`(ii) the extent to which a grant will meet the needs of a community
that has an inability to draw on other sources of funding for
environmental remediation and subsequent redevelopment of the
area in which a brownfield site is located because of the small
population or low income of the community;
`(iii) the extent to which a grant will facilitate the use or
reuse of existing infrastructure;
`(iv) the benefit of promoting the long-term availability of funds
from a revolving loan fund for brownfield remediation; and
`(v) such other similar factors as the Administrator considers
appropriate to consider for the purposes of this subsection.
`(D) TRANSITION- Revolving loan funds that have been established
before the date of the enactment of this subsection may be used
in accordance with this paragraph.
`(A) MAXIMUM GRANT AMOUNT-
`(i) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT-
`(I) IN GENERAL- A grant under paragraph (2) may be awarded
to an eligible entity on a community-wide or site-by-site basis,
and shall not exceed, for any individual brownfield site covered
by the grant, $200,000.
`(II) WAIVER- The Administrator may waive the $200,000 limitation
under subclause (I) to permit the brownfield site to receive
a grant of not to exceed $350,000, based on the anticipated
level of contamination, size, or status of ownership of the
site.
`(ii) BROWNFIELD REMEDIATION- A grant under paragraph (3)(A)(i)
may be awarded to an eligible entity on a community-wide or site-by-site
basis, not to exceed $1,000,000 per eligible entity. The Administrator
may make an additional grant to an eligible entity described in
the previous sentence for any year after the year for which the
initial grant is made, taking into consideration--
`(I) the number of sites and number of communities that are
addressed by the revolving loan fund;
`(II) the demand for funding by eligible entities that have
not previously received a grant under this subsection;
`(III) the demonstrated ability of the eligible entity to use
the revolving loan fund to enhance remediation and provide funds
on a continuing basis; and
`(IV) such other similar factors as the Administrator considers
appropriate to carry out this subsection.
`(i) IN GENERAL- No part of a grant or loan under this subsection
may be used for the payment of--
`(II) a Federal cost-share requirement;
`(III) an administrative cost;
`(IV) a response cost at a brownfield site for which the recipient
of the grant or loan is potentially liable under section 107;
or
`(V) a cost of compliance with any Federal law (including a
Federal law specified in section 101(39)(B)), excluding the
cost of compliance with laws applicable to the cleanup.
`(ii) EXCLUSIONS- For the purposes of clause (i)(III), the term
`administrative cost' does not include the cost of--
`(I) investigation and identification of the extent of contamination;
`(II) design and performance of a response action; or
`(III) monitoring of a natural resource.
`(C) ASSISTANCE FOR DEVELOPMENT OF LOCAL GOVERNMENT SITE REMEDIATION
PROGRAMS- A local government that receives a grant under this subsection
may use not to exceed 10 percent of the grant funds to develop and
implement a brownfields program that may include--
`(i) monitoring the health of populations exposed to one or more
hazardous substances from a brownfield site; and
`(ii) monitoring and enforcement of any institutional control
used to prevent human exposure to any hazardous substance from
a brownfield site.
`(D) INSURANCE- A recipient of a grant or loan awarded under paragraph
(2) or (3) that performs a characterization, assessment, or remediation
of a brownfield site may use a portion of the grant or loan to purchase
insurance for the characterization, assessment, or remediation of
that site.
`(I) APPLICATION- An eligible entity may submit to the Administrator,
through a regional office of the Environmental Protection Agency
and in such form as the Administrator may require, an application
for a grant under this subsection for one or more brownfield
sites (including information on the criteria used by the Administrator
to rank applications under subparagraph (C), to the extent that
the information is available).
`(II) NCP REQUIREMENTS- The Administrator may include in any
requirement for submission of an application under subclause
(I) a requirement of the National Contingency Plan only to the
extent that the requirement is relevant and appropriate to the
program under this subsection.
`(ii) COORDINATION- The Administrator shall coordinate with other
Federal agencies to assist in making eligible entities aware of
other available Federal resources.
`(iii) GUIDANCE- The Administrator shall publish guidance to assist
eligible entities in applying for grants under this subsection.
`(B) APPROVAL- The Administrator shall--
`(i) at least annually, complete a review of applications for
grants that are received from eligible entities under this subsection;
and
`(ii) award grants under this subsection to eligible entities
that the Administrator determines have the highest rankings under
the ranking criteria established under subparagraph (C).
`(C) RANKING CRITERIA- The Administrator shall establish a system
for ranking grant applications received under this paragraph that
includes the following criteria:
`(i) The extent to which a grant will stimulate the availability
of other funds for environmental assessment or remediation, and
subsequent reuse, of an area in which one or more brownfield sites
are located.
`(ii) The potential of the proposed project or the development
plan for an area in which one or more brownfield sites are located
to stimulate economic development of the area on completion of
the cleanup.
`(iii) The extent to which a grant would address or facilitate
the identification and reduction of threats to human health and
the environment, including threats in areas in which there is
a greater-than-normal incidence of diseases or conditions (including
cancer, asthma, or birth defects) that may be associated with
exposure to hazardous substances, pollutants, or contaminants.
`(iv) The extent to which a grant would facilitate the use or
reuse of existing infrastructure.
`(v) The extent to which a grant would facilitate the creation
of, preservation of, or addition to a park, a greenway, undeveloped
property, recreational property, or other property used for nonprofit
purposes.
`(vi) The extent to which a grant would meet the needs of a community
that has an inability to draw on other sources of funding for
environmental remediation and subsequent redevelopment of the
area in which a brownfield site is located because of the small
population or low income of the community.
`(vii) The extent to which the applicant is eligible for funding
from other sources.
`(viii) The extent to which a grant will further the fair distribution
of funding between urban and nonurban areas.
`(ix) The extent to which the grant provides for involvement of
the local community in the process of making decisions relating
to cleanup and future use of a brownfield site.
`(x) The extent to which a grant would address or facilitate the
identification and reduction of threats to the health or welfare
of children, pregnant women, minority or low-income communities,
or other sensitive populations.
`(6) IMPLEMENTATION OF BROWNFIELDS PROGRAMS-
`(A) ESTABLISHMENT OF PROGRAM- The Administrator may provide, or
fund eligible entities or nonprofit organizations to provide, training,
research, and technical assistance to individuals and organizations,
as appropriate, to facilitate the inventory of brownfield sites,
site assessments, remediation of brownfield sites, community involvement,
or site preparation.
`(B) FUNDING RESTRICTIONS- The total Federal funds to be expended
by the Administrator under this paragraph shall not exceed 15 percent
of the total amount appropriated to carry out this subsection in
any fiscal year.
`(A) IN GENERAL- The Inspector General of the Environmental Protection
Agency shall conduct such reviews or audits of grants and loans
under this subsection as the Inspector General considers necessary
to carry out this subsection.
`(B) PROCEDURE- An audit under this subparagraph shall be conducted
in accordance with the auditing procedures of the General Accounting
Office, including chapter 75 of title 31, United States Code.
`(C) VIOLATIONS- If the Administrator determines that a person that
receives a grant or loan under this subsection has violated or is
in violation of a condition of the grant, loan, or applicable Federal
law, the Administrator may--
`(i) terminate the grant or loan;
`(ii) require the person to repay any funds received; and
`(iii) seek any other legal remedies available to the Administrator.
`(D) REPORT TO CONGRESS- Not later than 3 years after the date of
the enactment of this subsection, the Inspector General of the Environmental
Protection Agency shall submit to Congress a report that provides
a description of the management of the program (including a description
of the allocation of funds under this subsection).
`(8) LEVERAGING- An eligible entity that receives a grant under this
subsection may use the grant funds for a portion of a project at a
brownfield site for which funding is received from other sources if
the grant funds are used only for the purposes described in paragraph
(2) or (3).
`(9) AGREEMENTS- Each grant or loan made under this subsection shall--
`(A) include a requirement of the National Contingency Plan only
to the extent that the requirement is relevant and appropriate to
the program under this subsection, as determined by the Administrator;
and
`(B) be subject to an agreement that--
`(i) requires the recipient to--
`(I) comply with all applicable Federal and State laws; and
`(II) ensure that the cleanup protects human health and the
environment;
`(ii) requires that the recipient use the grant or loan exclusively
for purposes specified in paragraph (2) or (3), as applicable;
`(iii) in the case of an application by an eligible entity under
paragraph (3)(A), requires the eligible entity to pay a matching
share (which may be in the form of a contribution of labor, material,
or services) of at least 20 percent, from non-Federal sources
of funding, unless the Administrator determines that the matching
share would place an undue hardship on the eligible entity; and
`(iv) contains such other terms and conditions as the Administrator
determines to be necessary to carry out this subsection.
`(10) FACILITY OTHER THAN BROWNFIELD SITE- The fact that a facility
may not be a brownfield site within the meaning of section 101(39)(A)
has no effect on the eligibility of the facility for assistance under
any other provision of Federal law.
`(11) EFFECT ON FEDERAL LAWS- Nothing in this subsection affects any
liability or response authority under any Federal law, including--
`(A) this Act (including the last sentence of section 101(14));
`(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
`(C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);
`(D) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
and
`(E) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
`(A) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $200,000,000 for each
of fiscal years 2002 through 2006.
`(B) USE OF CERTAIN FUNDS- Of the amount made available under subparagraph
(A), $50,000,000, or, if the amount made available is less than
$200,000,000, 25 percent of the amount made available, shall be
used for site characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II).'.
Subtitle B--Brownfields Liability Clarifications
SEC. 221. CONTIGUOUS PROPERTIES.
Section 107 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the
end the following:
`(q) CONTIGUOUS PROPERTIES-
`(1) NOT CONSIDERED TO BE AN OWNER OR OPERATOR-
`(A) IN GENERAL- A person that owns real property that is contiguous
to or otherwise similarly situated with respect to, and that is
or may be contaminated by a release or threatened release of a hazardous
substance from, real property that is not owned by that person shall
not be considered to be an owner or operator of a vessel or facility
under paragraph (1) or (2) of subsection (a) solely by reason of
the contamination if--
`(i) the person did not cause, contribute, or consent to the release
or threatened release;
`(ii) the person is not--
`(I) potentially liable, or affiliated with any other person
that is potentially liable, for response costs at a facility
through any direct or indirect familial relationship or any
contractual, corporate, or financial relationship (other than
a contractual, corporate, or financial relationship that is
created by a contract for the sale of goods or services); or
`(II) the result of a reorganization of a business entity that
was potentially liable;
`(iii) the person takes reasonable steps to--
`(I) stop any continuing release;
`(II) prevent any threatened future release; and
`(III) prevent or limit human, environmental, or natural resource
exposure to any hazardous substance released on or from property
owned by that person;
`(iv) the person provides full cooperation, assistance, and access
to persons that are authorized to conduct response actions or
natural resource restoration at the vessel or facility from which
there has been a release or threatened release (including the
cooperation and access necessary for the installation, integrity,
operation, and maintenance of any complete or partial response
action or natural resource restoration at the vessel or facility);
`(I) is in compliance with any land use restrictions established
or relied on in connection with the response action at the facility;
and
`(II) does not impede the effectiveness or integrity of any
institutional control employed in connection with a response
action;
`(vi) the person is in compliance with any request for information
or administrative subpoena issued by the President under this
Act;
`(vii) the person provides all legally required notices with respect
to the discovery or release of any hazardous substances at the
facility; and
`(viii) at the time at which the person acquired the property,
the person--
`(I) conducted all appropriate inquiry within the meaning of
section 101(35)(B) with respect to the property; and
`(II) did not know or have reason to know that the property
was or could be contaminated by a release or threatened release
of one or more hazardous substances from other real property
not owned or operated by the person.
`(B) DEMONSTRATION- To qualify as a person described in subparagraph
(A), a person must establish by a preponderance of the evidence
that the conditions in clauses (i) through (viii) of subparagraph
(A) have been met.
`(C) BONA FIDE PROSPECTIVE PURCHASER- Any person that does not qualify
as a person described in this paragraph because the person had,
or had reason to have, knowledge specified in subparagraph (A)(viii)
at the time of acquisition of the real property may qualify as a
bona fide prospective purchaser under section 101(40) if the person
is otherwise described in that section.
`(D) GROUND WATER- With respect to a hazardous substance from one
or more sources that are not on the property of a person that is
a contiguous property owner that enters ground water beneath the
property of the person solely as a result of subsurface migration
in an aquifer, subparagraph (A)(iii) shall not require the person
to conduct ground water investigations or to install ground water
remediation systems, except in accordance with the policy of the
Environmental Protection Agency concerning owners of property containing
contaminated aquifers, dated May 24, 1995.
`(2) EFFECT OF LAW- With respect to a person described in this subsection,
nothing in this subsection--
`(A) limits any defense to liability that may be available to the
person under any other provision of law; or
`(B) imposes liability on the person that is not otherwise imposed
by subsection (a).
`(3) ASSURANCES- The Administrator may--
`(A) issue an assurance that no enforcement action under this Act
will be initiated against a person described in paragraph (1); and
`(B) grant a person described in paragraph (1) protection against
a cost recovery or contribution action under section 113(f).'.
SEC. 222. PROSPECTIVE PURCHASERS AND WINDFALL LIENS.
(a) DEFINITION OF BONA FIDE PROSPECTIVE PURCHASER- Section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601) (as amended by section 211(a) of this Act)
is amended by adding at the end the following:
`(40) BONA FIDE PROSPECTIVE PURCHASER- The term `bona fide prospective
purchaser' means a person (or a tenant of a person) that acquires
ownership of a facility after the date of the enactment of this paragraph
and that establishes each of the following by a preponderance of the
evidence:
`(A) DISPOSAL PRIOR TO ACQUISITION- All disposal of hazardous substances
at the facility occurred before the person acquired the facility.
`(i) IN GENERAL- The person made all appropriate inquiries into
the previous ownership and uses of the facility in accordance
with generally accepted good commercial and customary standards
and practices in accordance with clauses (ii) and (iii).
`(ii) STANDARDS AND PRACTICES- The standards and practices referred
to in clauses (ii) and (iv) of paragraph (35)(B) shall be considered
to satisfy the requirements of this subparagraph.
`(iii) RESIDENTIAL USE- In the case of property in residential
or other similar use at the time of purchase by a nongovernmental
or noncommercial entity, a facility inspection and title search
that reveal no basis for further investigation shall be considered
to satisfy the requirements of this subparagraph.
`(C) NOTICES- The person provides all legally required notices with
respect to the discovery or release of any hazardous substances
at the facility.
`(D) CARE- The person exercises appropriate care with respect to
hazardous substances found at the facility by taking reasonable
steps to--
`(i) stop any continuing release;
`(ii) prevent any threatened future release; and
`(iii) prevent or limit human, environmental, or natural resource
exposure to any previously released hazardous substance.
`(E) COOPERATION, ASSISTANCE, AND ACCESS- The person provides full
cooperation, assistance, and access to persons that are authorized
to conduct response actions or natural resource restoration at a
vessel or facility (including the cooperation and access necessary
for the installation, integrity, operation, and maintenance of any
complete or partial response actions or natural resource restoration
at the vessel or facility).
`(F) INSTITUTIONAL CONTROL- The person--
`(i) is in compliance with any land use restrictions established
or relied on in connection with the response action at a vessel
or facility; and
`(ii) does not impede the effectiveness or integrity of any institutional
control employed at the vessel or facility in connection with
a response action.
`(G) REQUESTS; SUBPOENAS- The person complies with any request for
information or administrative subpoena issued by the President under
this Act.
`(H) NO AFFILIATION- The person is not--
`(i) potentially liable, or affiliated with any other person that
is potentially liable, for response costs at a facility through--
`(I) any direct or indirect familial relationship; or
`(II) any contractual, corporate, or financial relationship
(other than a contractual, corporate, or financial relationship
that is 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); or
`(ii) the result of a reorganization of a business entity that
was potentially liable.'.
(b) PROSPECTIVE PURCHASER AND WINDFALL LIEN- Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) (as amended by this Act) is further amended by adding at
the end the following:
`(r) PROSPECTIVE PURCHASER AND WINDFALL LIEN-
`(1) LIMITATION ON LIABILITY- Notwithstanding subsection (a)(1), a
bona fide prospective purchaser whose potential liability for a release
or threatened release is based solely on the purchaser's being considered
to be an owner or operator of a facility shall not be liable as long
as the bona fide prospective purchaser does not impede the performance
of a response action or natural resource restoration.
`(2) LIEN- If 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 (1), and if each of the conditions
described in paragraph (3) is met, the United States shall have a
lien on the facility, or may by agreement with the owner, obtain from
the owner a lien on any other property or other assurance of payment
satisfactory to the Administrator, for the unrecovered response costs.
`(3) CONDITIONS- The conditions referred to in paragraph (2) are the
following:
`(A) RESPONSE ACTION- A response action for which there are unrecovered
costs of the United States is carried out at the facility.
`(B) FAIR MARKET VALUE- The response action increases the fair market
value of the facility above the fair market value of the facility
that existed before the response action was initiated.
`(4) AMOUNT; DURATION- A lien under paragraph (2)--
`(A) shall be in an amount not to exceed the increase in fair market
value of the property attributable to the response action at the
time of a sale or other disposition of the property;
`(B) shall arise at the time at which costs are first incurred by
the United States with respect to a response action at the facility;
`(C) shall be subject to the requirements of subsection (l)(3);
and
`(D) shall continue until the earlier of--
`(i) satisfaction of the lien by sale or other means; or
`(ii) notwithstanding any statute of limitations under section
113, recovery of all response costs incurred at the facility.'.
SEC. 223. INNOCENT LANDOWNERS.
Section 101(35) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601(35)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence, in the matter preceding clause (i), by
striking `deeds or' and inserting `deeds, easements, leases, or';
and
(B) in the second sentence--
(i) by striking `he' and inserting `the defendant'; and
(ii) by striking the period at the end and inserting `, provides
full cooperation, assistance, and facility access to the persons
that are authorized to conduct response actions at the facility
(including the cooperation and access necessary for the installation,
integrity, operation, and maintenance of any complete or partial
response action at the facility), is in compliance with any land
use restrictions established or relied on in connection with the
response action at a facility, and does not impede the effectiveness
or integrity of any institutional control employed at the facility
in connection with a response action.'; and
(2) by striking subparagraph (B) and inserting the following:
`(i) ALL APPROPRIATE INQUIRIES- To establish that the defendant
had no reason to know of the matter described in subparagraph
(A)(i), the defendant must demonstrate to a court that--
`(I) on or before the date on which the defendant acquired the
facility, the defendant carried out all appropriate inquiries,
as provided in clauses (ii) and (iv), into the previous ownership
and uses of the facility in accordance with generally accepted
good commercial and customary standards and practices; and
`(II) the defendant took reasonable steps to--
`(aa) stop any continuing release;
`(bb) prevent any threatened future release; and
`(cc) prevent or limit any human, environmental, or natural resource
exposure to any previously released hazardous substance.
`(ii) STANDARDS AND PRACTICES- Not later than 2 years after the
date of the enactment of the Brownfields Revitalization and Environmental
Restoration Act of 2001, the Administrator shall by regulation
establish standards and practices for the purpose of satisfying
the requirement to carry out all appropriate inquiries under clause
(i).
`(iii) CRITERIA- In promulgating regulations that establish the
standards and practices referred to in clause (ii), the Administrator
shall include each of the following:
`(I) The results of an inquiry by an environmental professional.
`(II) Interviews with past and present owners, operators, and
occupants of the facility for the purpose of gathering information
regarding the potential for contamination at the facility.
`(III) Reviews of historical sources, such as chain of title
documents, aerial photographs, building department records,
and land use records, to determine previous uses and occupancies
of the real property since the property was first developed.
`(IV) Searches for recorded environmental cleanup liens against
the facility that are filed under Federal, State, or local law.
`(V) Reviews of Federal, State, and local government records,
waste disposal records, underground storage tank records, and
hazardous waste handling, generation, treatment, disposal, and
spill records, concerning contamination at or near the facility.
`(VI) Visual inspections of the facility and of adjoining properties.
`(VII) Specialized knowledge or experience on the part of the
defendant.
`(VIII) The relationship of the purchase price to the value
of the property, if the property was not contaminated.
`(IX) Commonly known or reasonably ascertainable information
about the property.
`(X) The degree of obviousness of the presence or likely presence
of contamination at the property, and the ability to detect
the contamination by appropriate investigation.
`(iv) INTERIM STANDARDS AND PRACTICES-
`(I) PROPERTY PURCHASED BEFORE MAY 31, 1997- With respect to
property purchased before May 31, 1997, in making a determination
with respect to a defendant described in clause (i), a court
shall take into account--
`(aa) any specialized knowledge or experience on the part of the defendant;
`(bb) the relationship of the purchase price to the value of the property,
if the property was not contaminated;
`(cc) commonly known or reasonably ascertainable information about
the property;
`(dd) the obviousness of the presence or likely presence of contamination
at the property; and
`(ee) the ability of the defendant to detect the contamination by appropriate
inspection.
`(II) PROPERTY PURCHASED ON OR AFTER MAY 31, 1997- With respect
to property purchased on or after May 31, 1997, and until the
Administrator promulgates the regulations described in clause
(ii), the procedures of the American Society for Testing and
Materials, including the document known as `Standard E1527-97',
entitled `Standard Practice for Environmental Site Assessment:
Phase 1 Environmental Site Assessment Process', shall satisfy
the requirements in clause (i).
`(v) SITE INSPECTION AND TITLE SEARCH- In the case of property
for residential use or other similar use purchased by a nongovernmental
or noncommercial entity, a facility inspection and title search
that reveal no basis for further investigation shall be considered
to satisfy the requirements of this subparagraph.'.
Subtitle C--State Response Programs
SEC. 231. STATE RESPONSE PROGRAMS.
(a) DEFINITIONS- Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended
by this Act) is further amended by adding at the end the following:
`(41) ELIGIBLE RESPONSE SITE-
`(A) IN GENERAL- The term `eligible response site' means a site
that meets the definition of a brownfield site in subparagraphs
(A) and (B) of paragraph (39), as modified by subparagraphs (B)
and (C) of this paragraph.
`(B) INCLUSIONS- The term `eligible response site' includes--
`(i) notwithstanding paragraph (39)(B)(ix), a portion of a facility,
for which portion 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; or
`(ii) a site for which, notwithstanding the exclusions provided
in subparagraph (C) or paragraph (39)(B), the President determines,
on a site-by-site basis and after consultation with the State,
that limitations on enforcement under section 128 at sites specified
in clause (iv), (v), (vi) or (viii) of paragraph (39)(B) would
be appropriate and will--
`(I) protect human health and the environment; and
`(II) promote economic development or facilitate the creation
of, preservation of, or addition to a park, a greenway, undeveloped
property, recreational property, or other property used for
nonprofit purposes.
`(C) EXCLUSIONS- The term `eligible response site' does not include--
`(i) a facility for which the President--
`(I) conducts or has conducted a preliminary assessment or site
inspection; and
`(II) after consultation with the State, determines or has determined
that the site obtains a preliminary score sufficient for possible
listing on the National Priorities List, or that the site otherwise
qualifies for listing on the National Priorities List; unless
the President has made a determination that no further Federal
action will be taken; or
`(ii) facilities that the President determines warrant particular
consideration as identified by regulation, such as sites posing
a threat to a sole-source drinking water aquifer or a sensitive
ecosystem.'.
(b) STATE RESPONSE PROGRAMS- Title I of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) is amended by adding at the end the following:
`SEC. 128. STATE RESPONSE PROGRAMS.
`(a) ASSISTANCE TO STATES-
`(A) STATES- The Administrator may award a grant to a State or Indian
tribe that--
`(i) has a response program that includes each of the elements,
or is taking reasonable steps to include each of the elements,
listed in paragraph (2); or
`(ii) is a party to a memorandum of agreement with the Administrator
for voluntary response programs.
`(B) USE OF GRANTS BY STATES-
`(i) IN GENERAL- A State or Indian tribe may use a grant under
this subsection to establish or enhance the response program of
the State or Indian tribe.
`(ii) ADDITIONAL USES- In addition to the uses under clause (i),
a State or Indian tribe may use a grant under this subsection
to--
`(I) capitalize a revolving loan fund for brownfield remediation
under section 104(k)(3); or
`(II) purchase insurance or develop a risk sharing pool, an
indemnity pool, or insurance mechanism to provide financing
for response actions under a State response program.
`(2) ELEMENTS- The elements of a State or Indian tribe response program
referred to in paragraph (1)(A)(i) are the following:
`(A) Timely survey and inventory of brownfield sites in the State.
`(B) Oversight and enforcement authorities or other mechanisms,
and resources, that are adequate to ensure that--
`(i) a response action will--
`(I) protect human health and the environment; and
`(II) be conducted in accordance with applicable Federal and
State law; and
`(ii) if the person conducting the response action fails to complete
the necessary response activities, including operation and maintenance
or long-term monitoring activities, the necessary response activities
are completed.
`(C) Mechanisms and resources to provide meaningful opportunities
for public participation, including--
`(i) public access to documents that the State, Indian tribe,
or party conducting the cleanup is relying on or developing in
making cleanup decisions or conducting site activities;
`(ii) prior notice and opportunity for comment on proposed cleanup
plans and site activities; and
`(iii) a mechanism by which--
`(I) a person that is or may be affected by a release or threatened
release of a hazardous substance, pollutant, or contaminant
at a brownfield site located in the community in which the person
works or resides may request the conduct of a site assessment;
and
`(II) an appropriate State official shall consider and appropriately
respond to a request under subclause (I).
`(D) Mechanisms for approval of a cleanup plan, and a requirement
for verification by and certification or similar documentation from
the State, an Indian tribe, or a licensed site professional to the
person conducting a response action indicating that the response
is complete.
`(3) FUNDING- There is authorized to be appropriated to carry out
this subsection $50,000,000 for each of fiscal years 2002 through
2006.
`(b) ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO STATE PROGRAM-
`(A) IN GENERAL- Except as provided in subparagraph (B) and subject
to subparagraph (C), in the case of an eligible response site at
which--
`(i) there is a release or threatened release of a hazardous substance,
pollutant, or contaminant; and
`(ii) a person is conducting or has completed a response action
regarding the specific release that is addressed by the response
action that is in compliance with the State program that specifically
governs response actions for the protection of public health and
the environment,
the President may not use authority under this Act to take an administrative
or judicial enforcement action under section 106(a) or to take a
judicial enforcement action to recover response costs under section
107(a) against the person regarding the specific release that is
addressed by the response action.
`(B) EXCEPTIONS- The President may bring an administrative or judicial
enforcement action under this Act during or after completion of
a response action described in subparagraph (A) with respect to
a release or threatened release at an eligible response site described
in that subparagraph if--
`(i) the State requests that the President provide assistance
in the performance of a response action;
`(ii) the Administrator determines that contamination has migrated
or will migrate across a State line, resulting in the need for
further response action to protect human health or the environment,
or the President determines that contamination has migrated or
is likely to migrate onto property subject to the jurisdiction,
custody, or control of a department, agency, or instrumentality
of the United States and may impact the authorized purposes of
the Federal property;
`(iii) after taking into consideration the response activities
already taken, the Administrator determines that--
`(I) a release or threatened release may present an imminent
and substantial endangerment to public health or welfare or
the environment; and
`(II) additional response actions are likely to be necessary
to address, prevent, limit, or mitigate the release or threatened
release; or
`(iv) the Administrator, after consultation with the State, determines
that information, that on the earlier of the date on which cleanup
was approved or completed, was not known by the State, as recorded
in documents prepared or relied on in selecting or conducting
the cleanup, has been discovered regarding the contamination or
conditions at a facility such that the contamination or conditions
at the facility present a threat requiring further remediation
to protect public health or welfare or the environment. Consultation
with the State shall not limit the ability of the Administrator
to make this determination.
`(C) PUBLIC RECORD- The limitations on the authority of the President
under subparagraph (A) apply only at sites in States that maintain,
update not less than annually, and make available to the public
a record of sites, by name and location, at which response actions
have been completed in the previous year and are planned to be addressed
under the State program that specifically governs response actions
for the protection of public health and the environment in the upcoming
year. The public record shall identify whether or not the site,
on completion of the response action, will be suitable for unrestricted
use and, if not, shall identify the institutional controls relied
on in the remedy. Each State and tribe receiving financial assistance
under subsection (a) shall maintain and make available to the public
a record of sites as provided in this paragraph.
`(i) IN GENERAL- In the case of an eligible response site at which
there is a release or threatened release of a hazardous substance,
pollutant, or contaminant and for which the Administrator intends
to carry out an action that may be barred under subparagraph (A),
the Administrator shall--
`(I) notify the State of the action the Administrator intends
to take; and
`(II)(aa) wait 48 hours for a reply from the State under clause
(ii); or
`(bb) if the State fails to reply to the notification or if
the Administrator makes a determination under clause (iii),
take immediate action under that clause.
`(ii) STATE REPLY- Not later than 48 hours after a State receives
notice from the Administrator under clause (i), the State shall
notify the Administrator if--
`(I) the release at the eligible response site is or has been
subject to a cleanup conducted under a State program; and
`(II) the State is planning to abate the release or threatened
release, any actions that are planned.
`(iii) IMMEDIATE FEDERAL ACTION- The Administrator may take action
immediately after giving notification under clause (i) without
waiting for a State reply under clause (ii) if the Administrator
determines that one or more exceptions under subparagraph (B)
are met.
`(E) REPORT TO CONGRESS- Not later than 90 days after the date of
initiation of any enforcement action by the President under clause
(ii), (iii), or (iv) of subparagraph (B), the President shall submit
to Congress a report describing the basis for the enforcement action,
including specific references to the facts demonstrating that enforcement
action is permitted under subparagraph (B).
`(A) COSTS INCURRED PRIOR TO LIMITATIONS- Nothing in paragraph (1)
precludes the President from seeking to recover costs incurred prior
to the date of the enactment of this section or during a period
in which the limitations of paragraph (1)(A) were not applicable.
`(B) EFFECT ON AGREEMENTS BETWEEN STATES AND EPA- Nothing in paragraph
(1)--
`(i) modifies or otherwise affects a memorandum of agreement,
memorandum of understanding, or any similar agreement relating
to this Act between a State agency or an Indian tribe and the
Administrator that is in effect on or before the date of the enactment
of this section (which agreement shall remain in effect, subject
to the terms of the agreement); or
`(ii) limits the discretionary authority of the President to enter
into or modify an agreement with a State, an Indian tribe, or
any other person relating to the implementation by the President
of statutory authorities.
`(3) EFFECTIVE DATE- This subsection applies only to response actions
conducted after February 15, 2001.
`(c) EFFECT ON FEDERAL LAWS- Nothing in this section affects any liability
or response authority under any Federal law, including--
`(1) this Act, except as provided in subsection (b);
`(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
`(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
`(4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and
`(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).'.
SEC. 232. ADDITIONS TO NATIONAL PRIORITIES LIST.
Section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9605) is amended by adding at the
end the following:
`(1) DEFERRAL TO STATE VOLUNTARY CLEANUPS- At the request of a State
and subject to paragraphs (2) and (3), the President generally shall
defer final listing of an eligible response site on the National Priorities
List if the President determines that--
`(A) the State, or another party under an agreement with or order
from the State, is conducting a response action at the eligible
response site--
`(i) in compliance with a State program that specifically governs
response actions for the protection of public health and the environment;
and
`(ii) that will provide long-term protection of human health and
the environment; or
`(B) the State is actively pursuing an agreement to perform a response
action described in subparagraph (A) at the site with a person that
the State has reason to believe is capable of conducting a response
action that meets the requirements of subparagraph (A).
`(2) PROGRESS TOWARD CLEANUP- If, after the last day of the 1-year
period beginning on the date on which the President proposes to list
an eligible response site on the National Priorities List, the President
determines that the State or other party is not making reasonable
progress toward completing a response action at the eligible response
site, the President may list the eligible response site on the National
Priorities List.
`(3) CLEANUP AGREEMENTS- With respect to an eligible response site
under paragraph (1)(B), if, after the last day of the 1-year period
beginning on the date on which the President proposes to list the
eligible response site on the National Priorities List, an agreement
described in paragraph (1)(B) has not been reached, the President
may defer the listing of the eligible response site on the National
Priorities List for an additional period of not to exceed 180 days
if the President determines deferring the listing would be appropriate
based on--
`(A) the complexity of the site;
`(B) substantial progress made in negotiations; and
`(C) other appropriate factors, as determined by the President.
`(4) EXCEPTIONS- The President may decline to defer, or elect to discontinue
a deferral of, a listing of an eligible response site on the National
Priorities List if the President determines that--
`(A) deferral would not be appropriate because the State, as an
owner or operator or a significant contributor of hazardous substances
to the facility, is a potentially responsible party;
`(B) the criteria under the National Contingency Plan for issuance
of a health advisory have been met; or
`(C) the conditions in paragraphs (1) through (3), as applicable,
are no longer being met.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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