II

106TH CONGRESS

1ST SESSION S. 1090

To reauthorize and amend the Comprehensive Environmental Response,

Liability, and Compensation Act of 1980.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1999

Mr. CHAFEE (for himself, Mr. SMITH of New Hampshire, and Mr. LOTT) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To reauthorize and amend the Comprehensive Environmental

Response, Liability, and Compensation Act of 1980.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Superfund Program Completion Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—BROWNFIELDS REVITALIZATION

Sec. 101. Brownfields.

Sec. 102. Contiguous properties.
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Sec. 103. Prospective purchasers and windfall liens.

Sec. 104. Safe harbor innocent landholders.

TITLE II—STATE RESPONSE PROGRAMS

Sec. 201. State response programs.

Sec. 202. National priorities list completion.

Sec. 203. Federal emergency removal authority.

Sec. 204. State cost share.

TITLE III—FAIR SHARE LIABILITY ALLOCATIONS AND

PROTECTIONS

Sec. 301. Liability exemptions and limitations.

Sec. 302. Expedited settlement for certain parties.

Sec. 303. Fair share settlements and statutory orphan shares.

TITLE IV—FUNDING

Sec. 401. Uses of Hazardous Substance Superfund.

1 TITLE I—BROWNFIELDS

2 REVITALIZATION

3 SEC. 101. BROWNFIELDS.

4 Title I of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9601 et seq.) is amended by adding at the end

7 the following:

8 ‘‘SEC. 127. BROWNFIELDS.

9 ‘‘(a) DEFINITIONS.—In this section:

10 ‘‘(1) BROWNFIELD FACILITY.—

11 ‘‘(A) IN GENERAL.—The term ‘brownfield

12 facility’ means real property, the expansion or

13 redevelopment of which is complicated by the

14 presence or potential presence of a hazardous

15 substance.

16 ‘‘(B) EXCLUSIONS.—The term ‘brownfield

17 facility’ does not include—
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1 ‘‘(i) any portion of real property that,

2 as of the date of submission of an applica3 tion for assistance under this section, is

4 the subject of an ongoing removal under

5 title I;

6 ‘‘(ii) any portion of real property that

7 has been listed on the National Priorities

8 List or is proposed for listing as of the

9 date of the submission of an application

10 for assistance under this section;

11 ‘‘(iii) any portion of real property with

12 respect to which cleanup work is pro13 ceeding in substantial compliance with the

14 requirements of an administrative order on

15 consent, or judicial consent decree that has

16 been entered into, or a permit issued by,

17 the United States or a duly authorized

18 State under this Act, the Solid Waste Dis19 posal Act (42 U.S.C. 6901 et seq.), section

20 311 of the Federal Water Pollution Con21 trol Act (33 U.S.C. 1321), the Toxic Sub22 stances Control Act (15 U.S.C. 2601 et

23 seq.), or the Safe Drinking Water Act (42

24 U.S.C. 300f et seq.);
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1 ‘‘(iv) a land disposal unit with respect

2 to which—

3 ‘‘(I) a closure notification under

4 subtitle C of the Solid Waste Disposal

5 Act (42 U.S.C. 6921 et seq.) has been

6 submitted; and

7 ‘‘(II) closure requirements have

8 been specified in a closure plan or

9 permit;

10 ‘‘(v) a facility that is owned or oper11 ated by a department, agency, or instru12 mentality of the United States; or

13 ‘‘(vi) a portion of a facility, for which

14 portion, assistance for response activity

15 has been obtained under subtitle I of the

16 Solid Waste Disposal Act (42 U.S.C. 6991

17 et seq.) from the Leaking Underground

18 Storage Tank Trust Fund established

19 under section 9508 of the Internal Rev20 enue Code of 1986.

21 ‘‘(C) FACILITIES OTHER THAN

22 BROWNFIELD FACILITIES.—That a facility may

23 not be a brownfield facility within the meaning

24 of subparagraph (A) has no effect on the eligi-
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1 bility of the facility for assistance under any

2 provision of Federal law other than this section.

3 ‘‘(2) ELIGIBLE ENTITY.—

4 ‘‘(A) IN GENERAL.—The term ‘eligible en5 tity’ means—

6 ‘‘(i) a general purpose unit of local

7 government;

8 ‘‘(ii) a land clearance authority or

9 other quasi-governmental entity that oper10 ates under the supervision and control of

11 or as an agent of a general purpose unit

12 of local government;

13 ‘‘(iii) a government entity created by

14 a State legislature;

15 ‘‘(iv) a regional council or group of

16 general purpose units of local government;

17 ‘‘(v) a redevelopment agency that is

18 chartered or otherwise sanctioned by a

19 State;

20 ‘‘(vi) a State; and

21 ‘‘(vii) an Indian Tribe.

22 ‘‘(B) EXCLUSION.—The term ‘eligible enti23 ty’ does not include any entity that is not in

24 substantial compliance with the requirements of

25 an administrative order on consent, judicial
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1 consent decree that has been entered into, or a

2 permit issued by, the United States or a duly

3 authorized State under this Act, the Solid

4 Waste Disposal Act (42 U.S.C. 6901 et seq.),

5 the Federal Water Pollution Control Act (33

6 U.S.C. 1251 et seq.), the Toxic Substances

7 Control Act (15 U.S.C. 2601 et seq.), or the

8 Safe Drinking Water Act (42 U.S.C. 300f et

9 seq.) with respect to any portion of real prop10 erty that is the subject of the administrative

11 order on consent, judicial consent decree, or

12 permit.

13 ‘‘(3) SECRETARY.—The term ‘Secretary’ means

14 the Secretary of Housing and Urban Development.

15 ‘‘(b) BROWNFIELD SITE CHARACTERIZATION AND

16 ASSESSMENT GRANT PROGRAM.—

17 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad18 ministrator shall establish a program to provide

19 grants for the site characterization and assessment

20 of brownfield facilities.

21 ‘‘(2) ASSISTANCE FOR SITE CHARACTERIZATION

22 AND ASSESSMENT AND RESPONSE ACTIONS.—

23 ‘‘(A) IN GENERAL.—On approval of an ap24 plication made by an eligible entity, the Admin25 istrator may make grants to the eligible entity
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1 to be used for the site characterization and as2 sessment of 1 or more brownfield facilities.

3 ‘‘(B) SITE CHARACTERIZATION AND AS4 SESSMENT.—A site characterization and assess5 ment carried out with the use of a grant under

6 subparagraph (A)—

7 ‘‘(i) shall be performed in accordance

8 with section 101(35)(B); and

9 ‘‘(ii) may include a process to identify

10 and inventory potential brownfield facili11 ties.

12 ‘‘(c) BROWNFIELD REMEDIATION GRANT PRO13 GRAM.—

14 ‘‘(1) ESTABLISHMENT OF PROGRAM.—In con15 sultation with the Secretary, the Administrator shall

16 establish a program to provide grants to be used for

17 response actions (excluding site characterization and

18 assessment) at 1 or more brownfield facilities.

19 ‘‘(2) ASSISTANCE FOR RESPONSE ACTIONS.—

20 On approval of an application made by an eligible

21 entity, the Administrator, in consultation with the

22 Secretary, may make grants to the eligible entity to

23 be used for response actions (excluding site charac24 terization and assessment) at 1 or more brownfield

25 facilities.
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1 ‘‘(d) GENERAL PROVISIONS.—

2 ‘‘(1) MAXIMUM GRANT AMOUNT.—

3 ‘‘(A) IN GENERAL.—The total of all grants

4 under subsections (b) and (c) shall not exceed,

5 with respect to any individual brownfield facility

6 covered by the grants, $350,000.

7 ‘‘(B) WAIVER.—The Administrator may

8 waive the $350,000 limitation under subpara9 graph (A) based on the anticipated level of con10 tamination, size, or status of ownership of the

11 facility.

12 ‘‘(2) PROHIBITION.—

13 ‘‘(A) IN GENERAL.—No part of a grant

14 under this section may be used for payment of

15 penalties, fines, or administrative costs.

16 ‘‘(B) EXCLUSIONS.—For the purposes of

17 subparagraph (A), the term ‘administrative

18 cost’ does not include the cost of—

19 ‘‘(i) investigation and identification of

20 the extent of contamination;

21 ‘‘(ii) design and performance of a re22 sponse action; or

23 ‘‘(iii) monitoring of natural resources.

24 ‘‘(3) AUDITS.—The Inspector General of the

25 Environmental Protection Agency shall conduct such
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1 reviews or audits of grants under this section as the

2 Inspector General considers necessary to carry out

3 the objectives of this section. Audits shall be con4 ducted in accordance with the auditing procedures of

5 the General Accounting Office, including chapter 75

6 of title 31, United States Code.

7 ‘‘(4) LEVERAGING.—An eligible entity that re8 ceives a grant under this section may use the funds

9 for part of a project at a brownfield facility for

10 which funding is received from other sources, but

11 the grant shall be used only for the purposes de12 scribed in subsection (b) or (c).

13 ‘‘(5) AGREEMENTS.—Each grant made under

14 this section shall be subject to an agreement that—

15 ‘‘(A) requires the eligible entity to comply

16 with all applicable State laws (including regula17 tions);

18 ‘‘(B) requires that the eligible entity shall

19 use the grant exclusively for purposes specified

20 in subsection (b) or (c);

21 ‘‘(C) in the case of an application by an el22 igible entity under subsection (c), requires pay23 ment by the eligible entity of a matching share

24 (which may be in the form of a contribution of

25 labor, material, or services) of at least 20 per-
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1 cent of the costs of the response action for

2 which the grant is made, is from non-Federal

3 sources of funding.

4 ‘‘(D) contains such other terms and condi5 tions as the Administrator determines to be

6 necessary to carry out this section.

7 ‘‘(e) GRANT APPLICATIONS.—

8 ‘‘(1) SUBMISSION.—

9 ‘‘(A) IN GENERAL.—Any eligible entity

10 may submit an application to the Adminis11 trator, through a regional office of the Environ12 mental Protection Agency and in such form as

13 the Administrator may require, for a grant

14 under this section for 1 or more brownfield

15 facilities.

16 ‘‘(B) COORDINATION.—In developing ap17 plication requirements, the Administrator shall

18 coordinate with the Secretary and other Federal

19 agencies and departments, such that eligible en20 tities under this section are made aware of

21 other available Federal resources.

22 ‘‘(C) GUIDANCE.—The Administrator shall

23 publish guidance to assist eligible entities in ob24 taining grants under this section.
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1 ‘‘(2) APPROVAL.—The Administrator, in con2 sultation with the Secretary, shall make an annual

3 evaluation of each application received during the

4 prior fiscal year and make grants under this section

5 to eligible entities that submit applications during

6 the prior year and that the Administrator, in con7 sultation with the Secretary, determines have the

8 highest rankings under the ranking criteria estab9 lished under paragraph (3).

10 ‘‘(3) RANKING CRITERIA.—The Administrator,

11 in consultation with the Secretary, shall establish a

12 system for ranking grant applications that includes

13 the following criteria:

14 ‘‘(A) The extent to which a grant will stim15 ulate the availability of other funds for environ16 mental remediation and subsequent redevelop17 ment of the area in which the brownfield facili18 ties are located.

19 ‘‘(B) The potential of the development plan

20 for the area in which the brownfield facilities

21 are located to stimulate economic development

22 of the area on completion of the cleanup, such

23 as the following:
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1 ‘‘(i) The relative increase in the esti2 mated fair market value of the area as a

3 result of any necessary response action.

4 ‘‘(ii) The demonstration by applicants

5 of the intent and ability to create new or

6 expand existing business, employment,

7 recreation, or conservation opportunities

8 on completion of any necessary response

9 action.

10 ‘‘(iii) If commercial redevelopment is

11 planned, the estimated additional full-time

12 employment opportunities and tax revenues

13 expected to be generated by economic rede14 velopment in the area in which a

15 brownfield facility is located.

16 ‘‘(iv) The estimated extent to which a

17 grant would facilitate the identification of

18 or facilitate a reduction of health and envi19 ronmental risks.

20 ‘‘(v) The financial involvement of the

21 State and local government in any re22 sponse action planned for a brownfield fa23 cility and the extent to which the response

24 action and the proposed redevelopment is

25 consistent with any applicable State or
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1 local community economic development

2 plan.

3 ‘‘(vi) The extent to which the site

4 characterization and assessment or re5 sponse action and subsequent development

6 of a brownfield facility involves the active

7 participation and support of the local com8 munity.

9 ‘‘(vii) Such other factors as the Ad10 ministrator considers appropriate to carry

11 out the purposes of this section.

12 ‘‘(C) The extent to which a grant will en13 able the creation of or addition to parks, green14 ways, or other recreational property.

15 ‘‘(D) The extent to which a grant will meet

16 the needs of a community that has an inability

17 to draw on other sources of funding for environ18 mental remediation and subsequent redevelop19 ment of the area in which a brownfield facility

20 is located because of the small population or

21 low income of the community.’’.

22 SEC. 102. CONTIGUOUS PROPERTIES.

23 (a) IN GENERAL.—Section 107 of the Comprehensive

24 Environmental Response, Compensation, and Liability Act
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1 of 1980 (42 U.S.C. 9607(a)) is amended by adding at the

2 end the following:

3 ‘‘(o) CONTIGUOUS PROPERTIES.—

4 ‘‘(1) NOT CONSIDERED TO BE AN OWNER OR

5 OPERATOR.—

6 ‘‘(A) IN GENERAL.—A person that owns or

7 operates real property that is contiguous to or

8 otherwise similarly situated with respect to real

9 property on which there has been a release or

10 threatened release of a hazardous substance

11 and that is or may be contaminated by the re12 lease shall not be considered to be an owner or

13 operator of a vessel or facility under paragraph

14 (1) or (2) of subsection (a) solely by reason of

15 the contamination if—

16 ‘‘(i) the person did not cause, con17 tribute, or consent to the release or threat18 ened release;

19 ‘‘(ii) the person is not affiliated

20 through any familial or corporate relation21 ship with any person that is or was a party

22 potentially responsible for response costs at

23 the facility; and

24 ‘‘(iii) the person exercised appropriate

25 care with respect to each hazardous sub-
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1 stance found at the facility by taking rea2 sonable steps to stop any continuing re3 lease, prevent any threatened future re4 lease and prevent or limit human or nat5 ural resource exposure to any previously

6 released hazardous substance.

7 ‘‘(B) GROUND WATER.—With respect to

8 hazardous substances in ground water beneath

9 a person’s property solely as a result of sub10 surface migration in an aquifer from a source

11 or sources outside the property, appropriate

12 care shall not require the person to conduct

13 ground water investigations or to install ground

14 water remediation systems.

15 ‘‘(2) COOPERATION, ASSISTANCE, AND AC16 CESS.—A party described in paragraph (1) may be

17 considered an owner or operator of a vessel or facil18 ity under paragraph (1) or (2) of subsection (a) if

19 the party has failed to substantially comply with the

20 requirement stated in section 122(p)(2)(H) with re21 spect to the facility.

22 ‘‘(3) ASSURANCES.—The Administrator may—

23 ‘‘(A) issue an assurance that no enforce24 ment action under this Act will be initiated
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1 against a person described in paragraph (1);

2 and

3 ‘‘(B) grant a person described in para4 graph (1) protection against a cost recovery or

5 contribution action under section 113(f).’’.

6 (b) NATIONAL PRIORITIES LIST.—

7 (1) IN GENERAL.—Section 105 of the Com8 prehensive Environmental Response, Compensation,

9 and Liability Act of 1980 (42 U.S.C. 9605) is

10 amended—

11 (A) in subsection (a)(8)—

12 (i) in subparagraph (B), by inserting

13 ‘‘and’’ after the semicolon at the end; and

14 (ii) by adding at the end the fol15 lowing:

16 ‘‘(C) provision that in listing a facility on the

17 National Priorities List, the Administrator shall not

18 include any parcel of real property at which no re19 lease has actually occurred, but to which a released

20 hazardous substance, pollutant, or contaminant has

21 migrated in ground water that has moved through

22 subsurface strata from another parcel of real estate

23 at which the release actually occurred, unless—
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1 ‘‘(i) the ground water is in use as a public

2 drinking water supply or was in such use at the

3 time of the release; and

4 ‘‘(ii) the owner or operator of the facility

5 is liable, or is affiliated with any other person

6 that is liable, for any response costs at the fa7 cility, through any direct or indirect familial re8 lationship, or any contractual, corporate, or fi9 nancial relationship other than that created by

10 the instruments by which title to the facility is

11 conveyed or financed.’’; and

12 (B) by adding at the end the following:

13 ‘‘(h) LISTING OF PARTICULAR PARCELS.—

14 ‘‘(1) DEFINITION.—In subsection (a)(8)(C) and

15 paragraph (2) of this subsection, the term ‘parcel of

16 real property’ means a parcel, lot, or tract of land

17 that has a separate legal description from that of

18 any other parcel, lot, or tract of land the legal de19 scription and ownership of which has been recorded

20 in accordance with the law of the State in which it

21 is located.

22 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in

23 subsection (a)(8)(C) limits the Administrator’s au24 thority under section 104 to obtain access to and

25 undertake response actions at any parcel of real
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1 property to which a released hazardous substance,

2 pollutant, or contaminant has migrated in the

3 ground water.’’.

4 (2) REVISION OF NATIONAL PRIORITIES LIST.—

5 Not later than 180 days after the date of enactment

6 of this Act, the President shall revise the National

7 Priorities List to conform with the amendments

8 made by paragraph (1).

9 (c) CONFORMING AMENDMENT.—Section 107(a) of

10 the Comprehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C. 9607) is

12 amended by striking ‘‘of this section’’ and inserting ‘‘and

13 the exemptions and limitations stated in this section’’.

14 SEC. 103. PROSPECTIVE PURCHASERS AND WINDFALL

15 LIENS.

16 (a) DEFINITION OF BONA FIDE PROSPECTIVE PUR17 CHASER.—Section 101 of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of

19 1980 (42 U.S.C. 9601) is amended by adding at the end

20 the following:

21 ‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.—

22 The term ‘bona fide prospective purchaser’ means a

23 person that acquires ownership of a facility after the

24 date of enactment of this paragraph, or a tenant of
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1 such a person, that establishes each of the following

2 by a preponderance of the evidence:

3 ‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—

4 All deposition of hazardous substances at the

5 facility occurred before the person acquired the

6 facility.

7 ‘‘(B) INQUIRIES.—

8 ‘‘(i) IN GENERAL.—The person made

9 all appropriate inquiries into the previous

10 ownership and uses of the facility and the

11 facility’s real property in accordance with

12 generally accepted good commercial and

13 customary standards and practices.

14 ‘‘(ii) STANDARDS AND PRACTICES.—

15 The standards and practices referred to in

16 paragraph (35)(B)(ii) or those issued or

17 adopted by the Administrator under that

18 paragraph shall be considered to satisfy

19 the requirements of this subparagraph.

20 ‘‘(iii) RESIDENTIAL USE.—In the case

21 of property for residential or other similar

22 use purchased by a nongovernmental or

23 noncommercial entity, a facility inspection

24 and title search that reveal no basis for

25 further investigation shall be considered to
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1 satisfy the requirements of this subpara2 graph.

3 ‘‘(C) NOTICES.—The person provided all

4 legally required notices with respect to the dis5 covery or release of any hazardous substances

6 at the facility.

7 ‘‘(D) CARE.—The person exercised appro8 priate care with respect to each hazardous sub9 stance found at the facility by taking reasonable

10 steps to stop any continuing release, prevent

11 any threatened future release and prevent or

12 limit human or natural resource exposure to

13 any previously released hazardous substance.

14 ‘‘(E) COOPERATION, ASSISTANCE, AND AC15 CESS.—The person has not failed to substan16 tially comply with the requirement stated in

17 section 122(p)(2)(H) with respect to the facil18 ity.

19 ‘‘(F) NO AFFILIATION.—The person is not

20 affiliated through any familial or corporate rela21 tionship with any person that is or was a party

22 potentially responsible for response costs at the

23 facility.’’.

24 (b) AMENDMENT.—Section 107 of the Comprehen25 sive Environmental Response, Compensation, and Liabil-
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1 ity Act of 1980 (42 U.S.C. 9607) (as amended by section

2 102) is amended by adding at the end the following:

3 ‘‘(p) PROSPECTIVE PURCHASER AND WINDFALL

4 LIEN.—

5 ‘‘(1) LIMITATION ON LIABILITY.—Notwith6 standing subsection (a), a bona fide prospective pur7 chaser whose potential liability for a release or

8 threatened release is based solely on the purchaser’s

9 being considered to be an owner or operator of a fa10 cility shall not be liable as long as the bona fide pro11 spective purchaser does not impede the performance

12 of a response action or natural resource restoration.

13 ‘‘(2) LIEN.—If there are unrecovered response

14 costs at a facility for which an owner of the facility

15 is not liable by reason of subsection (n)(1) and each

16 of the conditions described in paragraph (3) is met,

17 the United States shall have a lien on the facility,

18 or may obtain from appropriate responsible party a

19 lien on any other property or other assurances of

20 payment satisfactory to the Administrator, for such

21 unrecovered costs.

22 ‘‘(3) CONDITIONS.—The conditions referred to

23 in paragraph (1) are the following:
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1 ‘‘(A) RESPONSE ACTION.—A response ac2 tion for which there are unrecovered costs is

3 carried out at the facility.

4 ‘‘(B) FAIR MARKET VALUE.—The response

5 action increases the fair market value of the fa6 cility above the fair market value of the facility

7 that existed 180 days before the response action

8 was initiated.

9 ‘‘(C) SALE.—A sale or other disposition of

10 all or a portion of the facility has occurred.

11 ‘‘(4) AMOUNT.—A lien under paragraph (2)—

12 ‘‘(A) shall not exceed the increase in fair

13 market value of the property attributable to the

14 response action at the time of a subsequent sale

15 or other disposition of the property;

16 ‘‘(B) shall arise at the time at which costs

17 are first incurred by the United States with re18 spect to a response action at the facility;

19 ‘‘(C) shall be subject to the requirements

20 of subsection (l)(3); and

21 ‘‘(D) shall continue until the earlier of sat22 isfaction of the lien or recovery of all response

23 costs incurred at the facility.’’.
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1 SEC. 104. SAFE HARBOR INNOCENT LANDHOLDERS.

2 (a) AMENDMENT.—Section 101(35) of the Com3 prehensive Environmental Response, Compensation, and

4 Liability Act of 1980 (42 U.S.C. 9601(35)) is amended—

5 (1) in subparagraph (A)—

6 (A) in the matter that precedes clause (i),

7 by striking ‘‘deeds or’’ and inserting ‘‘deeds,

8 easements, leases, or’’; and

9 (B) in the matter that follows clause (iii)—

10 (i) by striking ‘‘he’’ and inserting ‘‘the

11 defendant’’; and

12 (ii) by striking the period at the end

13 and inserting ‘‘, has provided full coopera14 tion, assistance, and facility access to the

15 persons that are responsible for response

16 actions at the facility, including the co17 operation and access necessary for the in18 stallation, integrity, operation, and mainte19 nance of any complete or partial response

20 action at the facility, and has taken no ac21 tion that impeded the effectiveness or in22 tegrity of any institutional control em23 ployed under section 121 at the facility.’’;

24 and

25 (2) by striking subparagraph (B) and inserting

26 the following:
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1 ‘‘(B) REASON TO KNOW.—

2 ‘‘(i) ALL APPROPRIATE INQUIRIES.—

3 To establish that the defendant had no

4 reason to know of the matter described in

5 subparagraph (A)(i), the defendant must

6 show that—

7 ‘‘(I) at or prior to the date on

8 which the defendant acquired the fa9 cility, the defendant undertook all ap10 propriate inquiries into the previous

11 ownership and uses of the facility in

12 accordance with generally accepted

13 good commercial and customary

14 standards and practices; and

15 ‘‘(II) the defendant exercised ap16 propriate care with respect to each

17 hazardous substance found at the fa18 cility by taking reasonable steps to

19 stop any continuing release, prevent

20 any threatened future release and pre21 vent or limit human or natural re22 source exposure to any previously re23 leased hazardous substance.

24 ‘‘(ii) STANDARDS AND PRACTICES.—

25 The Administrator shall by regulation es-
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1 tablish as standards and practices for the

2 purpose of clause (i)—

3 ‘‘(I) the American Society for

4 Testing and Materials (ASTM) Stand5 ard E1527–94, entitled ‘Standard

6 Practice for Environmental Site As7 sessments: Phase I Environmental

8 Site Assessment Process’; or

9 ‘‘(II) alternative standards and

10 practices under clause (iii).

11 ‘‘(iii) ALTERNATIVE STANDARDS AND

12 PRACTICES.—

13 ‘‘(I) IN GENERAL.—The Admin14 istrator may by regulation issue alter15 native standards and practices or des16 ignate standards developed by other

17 organizations than the American Soci18 ety for Testing and Materials after

19 conducting a study of commercial and

20 industrial practices concerning the

21 transfer of real property in the United

22 States.

23 ‘‘(II) CONSIDERATIONS.—In

24 issuing or designating alternative

25 standards and practices under sub-
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1 clause (I), the Administrator shall

2 consider including each of the fol3 lowing:

4 ‘‘(aa) The results of an in5 quiry by an environmental pro6 fessional.

7 ‘‘(bb) Interviews with past

8 and present owners, operators,

9 and occupants of the facility and

10 the facility’s real property for the

11 purpose of gathering information

12 regarding the potential for con13 tamination at the facility and the

14 facility’s real property.

15 ‘‘(cc) Reviews of historical

16 sources, such as chain of title

17 documents, aerial photographs,

18 building department records, and

19 land use records to determine

20 previous uses and occupancies of

21 the real property since the prop22 erty was first developed.

23 ‘‘(dd) Searches for recorded

24 environmental cleanup liens, filed

25 under Federal, State, or local
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1 law, against the facility or the fa2 cility’s real property.

3 ‘‘(ee) Reviews of Federal,

4 State, and local government

5 records (such as waste disposal

6 records), underground storage

7 tank records, and hazardous

8 waste handling, generation, treat9 ment, disposal, and spill records,

10 concerning contamination at or

11 near the facility or the facility’s

12 real property.

13 ‘‘(ff) Visual inspections of

14 the facility and facility’s real

15 property and of adjoining prop16 erties.

17 ‘‘(gg) Specialized knowledge

18 or experience on the part of the

19 defendant.

20 ‘‘(hh) The relationship of

21 the purchase price to the value of

22 the property if the property was

23 uncontaminated.
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1 ‘‘(ii) Commonly known or

2 reasonably ascertainable informa3 tion about the property.

4 ‘‘(jj) The degree of obvious5 ness of the presence or likely

6 presence of contamination at the

7 property, and the ability to detect

8 such contamination by appro9 priate investigation.

10 ‘‘(iv) SITE INSPECTION AND TITLE

11 SEARCH.—In the case of property for resi12 dential use or other similar use purchased

13 by a nongovernmental or noncommercial

14 entity, a facility inspection and title search

15 that reveal no basis for further investiga16 tion shall be considered to satisfy the re17 quirements of this subparagraph.’’.

18 (b) STANDARDS AND PRACTICES.—

19 (1) ESTABLISHMENT BY REGULATION.—The

20 Administrator of the Environmental Protection

21 Agency shall issue the regulation required by section

22 101(35)(B)(ii) of the Comprehensive Environmental

23 Response, Compensation, and Liability Act of 1980

24 (as added by subsection (a)) not later than 1 year

25 after the date of enactment of this Act.
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1 (2) INTERIM STANDARDS AND PRACTICES.—

2 Until the Administrator issues the regulation de3 scribed in paragraph (1), in making a determination

4 under section 101(35)(B)(i) of the Comprehensive

5 Environmental Response, Compensation, and Liabil6 ity Act of 1980 (as added by subsection (a)), there

7 shall be taken into account—

8 (A) any specialized knowledge or experi9 ence on the part of the defendant;

10 (B) the relationship of the purchase price

11 to the value of the property if the property was

12 uncontaminated;

13 (C) commonly known or reasonably ascer14 tainable information about the property;

15 (D) the degree of obviousness of the pres16 ence or likely presence of contamination at the

17 property; and

18 (E) the ability to detect the contamination

19 by appropriate investigation.

20 TITLE II—STATE RESPONSE

21 PROGRAMS

22 SEC. 201. STATE RESPONSE PROGRAMS.

23 (a) DEFINITIONS.—Section 101 of the Comprehen24 sive Environmental Response, Compensation, and Liabil-
30

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1 ity Act of 1980 (42 U.S.C. 9601) (as amended by section

2 103(a)) is amended by adding at the end the following:

3 ‘‘(40) FACILITY SUBJECT TO STATE CLEAN4 UP.—The term ‘facility subject to State cleanup’

5 means a facility that—

6 ‘‘(A) is not listed or proposed for listing on

7 the National Priorities List; and

8 ‘‘(B)(i) has been archived from the Com9 prehensive Environmental Response, Compensa10 tion, and Liability Information System;

11 ‘‘(ii) was included on the Comprehensive

12 Environmental Response, Compensation, and

13 Liability Information System before the date of

14 enactment of this section and is not listed or

15 proposed for listing on the National Priorities

16 List within 2 years after the date of enactment

17 of this section; or

18 ‘‘(iii) is added to the Comprehensive Envi19 ronmental Response, Compensation, and Liabil20 ity Information System after the date of enact21 ment of this section, if at least 2 years have

22 elapsed since the earlier of—

23 ‘‘(I) inclusion of the facility on the

24 Comprehensive Environmental Response,
31

•S 1090 IS

1 Compensation, and Liability Information

2 System; or

3 ‘‘(II) issuance at the facility of an

4 order under section 106(a).

5 ‘‘(41) QUALIFYING STATE RESPONSE PROGRAM.—

6 The term ‘qualifying State response program’ means

7 a State program that includes the elements de8 scribed in section 128(b).’’.

9 (b) QUALIFYING STATE RESPONSE PROGRAMS.—

10 Title I of the Comprehensive Environmental Response,

11 Compensation, and Liability Act of 1980 (42 U.S.C. 9601

12 et seq.) (as amended by section 101(a)) is amended by

13 adding at the end the following:

14 ‘‘SEC. 128. QUALIFYING STATE RESPONSE PROGRAMS.

15 ‘‘(a) ASSISTANCE TO STATES.—The Administrator

16 shall provide grants to States to establish and expand

17 qualifying State response programs that include the ele18 ments listed in subsection (b).

19 ‘‘(b) ELEMENTS.—The elements of a qualifying State

20 response program are the following:

21 ‘‘(1) Oversight and enforcement authorities or

22 other mechanisms that are adequate to ensure

23 that—

24 ‘‘(A) response actions will protect human

25 health and the environment and be conducted
32

•S 1090 IS

1 in accordance with applicable Federal and State

2 law; and

3 ‘‘(B) in the case of a voluntary response

4 action, if the person conducting the voluntary

5 response action fails to complete the necessary

6 response activities, including operation and

7 maintenance or long-term monitoring activities,

8 the necessary response activities are completed.

9 ‘‘(2) Adequate opportunities for public partici10 pation, including prior notice and opportunity for

11 comment in appropriate circumstances, in selecting

12 response actions.

13 ‘‘(3) Mechanisms for approval of a response ac14 tion plan, or a requirement for certification or simi15 lar documentation from the State to the person con16 ducting a response action indicating that the re17 sponse is complete.

18 ‘‘(c) ENFORCEMENT IN CASES OF A RELEASE SUB19 JECT TO A STATE PLAN.—

20 ‘‘(1) ENFORCEMENT.—

21 ‘‘(A) IN GENERAL.—Except as provided in

22 subparagraph (B), in the case of a release or

23 threatened release of a hazardous substance at

24 a facility subject to State cleanup, neither the

25 President nor any other person may use any
33

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1 authority under this Act to take an enforcement

2 action against any person regarding any matter

3 that is within the scope of a response action

4 that is being conducted or has been completed

5 under State law.

6 ‘‘(B) EXCEPTIONS.—The President may

7 bring an enforcement action under this Act

8 with respect to a facility described in subpara9 graph (A) if—

10 ‘‘(i) the enforcement action is author11 ized under section 104;

12 ‘‘(ii) the State requests that the Presi13 dent provide assistance in the performance

14 of a response action and that the enforce15 ment bar in subparagraph (A) be lifted;

16 ‘‘(iii) at a facility at which response

17 activities are ongoing the Administrator—

18 ‘‘(I) makes a written determina19 tion that the State is unwilling or un20 able to take appropriate action, after

21 the Administrator has provided the

22 Governor notice and an opportunity to

23 cure; and

24 ‘‘(II) the Administrator deter25 mines that the release or threat of re-
34

•S 1090 IS

1 lease constitutes a public health or en2 vironmental emergency under section

3 104(a)(4);

4 ‘‘(iv) the Administrator determines

5 that contamination has migrated across a

6 State line, resulting in the need for further

7 response action to protect human health or

8 the environment; or

9 ‘‘(v) in the case of a facility at which

10 all response actions have been completed,

11 the Administrator—

12 ‘‘(I) makes a written determina13 tion that the State is unwilling or un14 able to take appropriate action, after

15 the Administrator has provided the

16 Governor notice and an opportunity to

17 cure; and

18 ‘‘(II) makes a written determina19 tion that the facility presents a sub20 stantial risk that requires further re21 mediation to protect human health or

22 the environment, as evidenced by—

23 ‘‘(aa) newly discovered infor24 mation regarding contamination

25 at the facility;
35

•S 1090 IS

1 ‘‘(bb) the discovery that

2 fraud was committed in dem3 onstrating attainment of stand4 ards at the facility; or

5 ‘‘(cc) a failure of the remedy

6 under the State remedial action

7 plan or a change in land use giv8 ing rise to a clear threat of expo9 sure.

10 ‘‘(C) EPA NOTIFICATION.—

11 ‘‘(i) IN GENERAL.—In the case of a

12 facility at which there is a release or

13 threatened release of a hazardous sub14 stance, pollutant, or contaminant and for

15 which the Administrator intends to under16 take an administrative or enforcement ac17 tion, the Administrator, prior to taking the

18 administrative or enforcement action, shall

19 notify the State of the action the Adminis20 trator intends to take and wait for an ac21 knowledgment from the State under clause

22 (ii).

23 ‘‘(ii) STATE RESPONSE.—Not later

24 than 48 hours after receiving a notice from

25 the Administrator under clause (i), the
36

•S 1090 IS

1 State shall notify the Administrator if the

2 facility is currently or has been subject to

3 a State remedial action plan.

4 ‘‘(iii) PUBLIC HEALTH OR ENVIRON5 MENTAL EMERGENCY.—If the Adminis6 trator finds that a release or threatened

7 release constitutes a public health or envi8 ronmental emergency under section

9 104(a)(4), the Administrator may take ap10 propriate action immediately after giving

11 notification under clause (i) without wait12 ing for State acknowledgment.

13 ‘‘(2) COST OR DAMAGE RECOVERY ACTIONS.—

14 Paragraph (1) shall not apply to an action brought

15 by a State, Indian Tribe, or general purpose unit of

16 local government for the recovery of costs or dam17 ages under this Act.

18 ‘‘(3) SAVINGS PROVISION.—

19 ‘‘(A) EXISTING AGREEMENTS.—A memo20 randum of agreement, memorandum of under21 standing, or similar agreement between the

22 President and a State or Indian tribe defining

23 Federal and State or tribal response action re24 sponsibilities that was in effect as of the date

25 of enactment of this section with respect to a
37

•S 1090 IS

1 facility to which paragraph (1)(C) does not

2 apply shall remain effective until the agreement

3 expires in accordance with the terms of the

4 agreement.

5 ‘‘(B) NEW AGREEMENTS.—Nothing in this

6 subsection precludes the President from enter7 ing into an agreement with a State or Indian

8 tribe regarding responsibility at a facility to

9 which paragraph (1)(C) does not apply.’’.

10 SEC. 202. NATIONAL PRIORITIES LIST COMPLETION.

11 Section 105 of the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980 (42

13 U.S.C. 9605) is amended by striking subsection (b) and

14 inserting the following:

15 ‘‘(b) NATIONAL PRIORITIES LIST COMPLETION.—

16 ‘‘(1) IN GENERAL.—Not later than 2 years

17 after the date of enactment of this paragraph, the

18 President shall complete the evaluation of all facili19 ties classified as awaiting a National Priorities List

20 decision to determine the risk or danger to public

21 health or welfare or the environment posed by each

22 facility as compared with the other facilities.

23 ‘‘(2) MAXIMUM NUMBER.—For fiscal years

24 2000 through 2004, the President shall add a max-
38

•S 1090 IS

1 imum of 30 facilities to the National Priorities List

2 on an annual basis.

3 ‘‘(3) REQUIREMENT OF REQUEST BY THE GOV4 ERNOR OF A STATE.—No facility shall be added to

5 the National Priorities List without the President

6 having first received a written communication from

7 the Governor of the State in which the facility is lo8 cated requesting that the facility be added.’’.

9 SEC. 203. FEDERAL EMERGENCY REMOVAL AUTHORITY.

10 Section 104(c)(1) of the Comprehensive Environ11 mental Response, Compensation, and Liability Act of

12 1980 (42 U.S.C. 9604(c)(1)) is amended—

13 (1) in subparagraph (C), by striking ‘‘consistent

14 with the remedial action to be taken’’ and inserting

15 ‘‘not inconsistent with any remedial action that has

16 been selected or is anticipated at the time of any re17 moval action at a facility,’’;

18 (2) by striking ‘‘$2,000,000’’ and inserting

19 ‘‘$5,000,000’’; and

20 (3) by striking ‘‘12 months’’ and inserting ‘‘3

21 years’’.

22 SEC. 204. STATE COST SHARE.

23 Section 104(c) of the Comprehensive Environmental

24 Response, Compensation, and Liability Act of 1980 (42

25 U.S.C. 9604(c)) is amended—
39

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1 (1) by striking ‘‘(c)(1) Unless’’ and inserting

2 the following:

3 ‘‘(c) MISCELLANEOUS LIMITATIONS AND REQUIRE4 MENTS.—

5 ‘‘(1) CONTINUANCE OF OBLIGATIONS FROM

6 FUND.—Unless’’;

7 (2) in paragraph (1), by striking ‘‘taken obliga8 tions’’ and inserting ‘‘taken, obligations’’;

9 (3) by striking ‘‘(2) The President’’ and insert10 ing the following:

11 ‘‘(2) CONSULTATION.—The President’’; and

12 (4) by striking paragraph (3) and inserting the

13 following:

14 ‘‘(3) STATE COST SHARE.—

15 ‘‘(A) IN GENERAL.—The Administrator

16 shall not provide any funding for remedial ac17 tion under this section unless the State in

18 which the release occurs first enters into a con19 tract or cooperative agreement with the Admin20 istrator that provides assurances that the State

21 will pay, in cash or through in-kind contribu22 tions, 10 percent of the costs of—

23 ‘‘(i) the remedial action; and

24 ‘‘(ii) operation and maintenance costs.
40

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1 ‘‘(B) ACTIVITIES WITH RESPECT TO

2 WHICH STATE COST SHARE IS REQUIRED.—No

3 State cost share shall be required except for re4 medial actions under this section.

5 ‘‘(C) INDIAN TRIBES.—The requirements

6 of this paragraph shall not apply in the case of

7 remedial action to be taken on land or water—

8 ‘‘(i) held by an Indian Tribe;

9 ‘‘(ii) held by the United States in

10 trust for an Indian Tribe;

11 ‘‘(iii) held by a member of an Indian

12 Tribe (if the land or water is subject to a

13 trust restriction on alienation); or

14 ‘‘(iv) within the borders of an Indian

15 reservation.’’.

16 TITLE III—FAIR SHARE LIABIL17 ITY ALLOCATIONS AND PRO18 TECTIONS

19 SEC. 301. LIABILITY EXEMPTIONS AND LIMITATIONS.

20 (a) DEFINITIONS.—Section 101 of the Comprehen21 sive Environmental Response, Liability, and Compensa22 tion Act of 1980 (42 U.S.C. 9601) (as amended by section

23 201(a)) is amended by adding at the end the following:

24 ‘‘(42) CODISPOSAL LANDFILL.—The term ‘co25 disposal landfill’ means a landfill that—
41

•S 1090 IS

1 ‘‘(A) was listed on the National Priorities

2 List as of the date of enactment of this para3 graph;

4 ‘‘(B) received for disposal municipal solid

5 waste or sewage sludge; and

6 ‘‘(C) may also have received, before the ef7 fective date of requirements under subtitle C of

8 the Solid Waste Disposal Act (42 U.S.C. 6921

9 et seq.), any hazardous waste, if the landfill

10 contains predominantly municipal solid waste or

11 sewage sludge that was transported to the land12 fill from outside the facility.

13 ‘‘(43) MUNICIPAL SOLID WASTE.—

14 ‘‘(A) IN GENERAL.—The term ‘municipal

15 solid waste’ means waste material generated

16 by—

17 ‘‘(i) a household (such as a single- or

18 multi-family residence) or a public lodging

19 (such as a hotel or motel); or

20 ‘‘(ii) a commercial, institutional, or in21 dustrial source, to the extent that—

22 ‘‘(I) the waste material is sub23 stantially similar to waste normally

24 generated by a household or public
42

•S 1090 IS

1 lodging (without regard to differences

2 in volume); or

3 ‘‘(II) the waste material is col4 lected and disposed of with other mu5 nicipal solid waste or sewage sludge

6 and, regardless of when generated,

7 would be conditionally exempt small

8 quantity generator waste under the

9 regulation issued under section

10 3001(d) of the Solid Waste Disposal

11 Act (42 U.S.C. 6921(d)).

12 ‘‘(B) INCLUSIONS.—The term ‘municipal

13 solid waste’ includes food and yard waste,

14 paper, clothing, appliances, consumer product

15 packaging, disposable diapers, office supplies,

16 cosmetics, glass and metal food containers, ele17 mentary or secondary school science laboratory

18 waste, and household hazardous waste.

19 ‘‘(C) EXCLUSIONS.—The term ‘municipal

20 solid waste’ does not include combustion ash

21 generated by resource recovery facilities or mu22 nicipal incinerators or waste from manufac23 turing or processing (including pollution con24 trol) operations that is not described in sub25 clause (I) or (II).
43

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1 ‘‘(44) MUNICIPALITY.—

2 ‘‘(A) IN GENERAL.—The term ‘munici3 pality’ means a political subdivision of a State

4 (including a city, county, village, town, town5 ship, borough, parish, school district, sanitation

6 district, water district, or other public entity

7 performing local governmental functions).

8 ‘‘(B) INCLUSIONS.—The term ‘munici9 pality’ includes a natural person acting in the

10 capacity of an official, employee, or agent of

11 any entity described in subparagraph (A) in the

12 performance of a governmental function.

13 ‘‘(45) SEWAGE SLUDGE.—The term ‘sewage

14 sludge’ means solid, semisolid, or liquid residue re15 moved during the treatment of municipal waste

16 water, domestic sewage, or other waste water at or

17 by publicly owned treatment works.’’.

18 (b) EXEMPTIONS AND LIMITATIONS.—

19 (1) IN GENERAL.—Section 107 of the Com20 prehensive Environmental Response, Compensation,

21 and Liability Act of 1980 (42 U.S.C. 9607) (as

22 amended by section 103(b)) is amended by adding at

23 the end the following:

24 ‘‘(q) LIABILITY EXEMPTION FOR MUNICIPAL SOLID

25 WASTE AND SEWAGE SLUDGE.—No person shall be liable
44

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1 to the United States or to any other person (including li2 ability for contribution) under this section for any re3 sponse costs at a facility listed on the National Priorities

4 List to the extent that—

5 ‘‘(1) the person is liable solely under paragraph

6 (3) or (4) of subsection (a); and

7 ‘‘(2) the person is—

8 ‘‘(A) an owner, operator, or lessee of resi9 dential property from which all of the person’s

10 municipal solid waste was generated;

11 ‘‘(B) a business entity that, during the tax

12 year preceding the date of transmittal of writ13 ten notification that the business is potentially

14 liable, employs not more than 100 individuals;

15 or

16 ‘‘(C) a nonprofit organization described in

17 section 501(c)(3) of the Internal Revenue Code

18 of 1986 that employs not more than 100 indi19 viduals, from which all of the person’s munic20 ipal solid waste was generated.

21 ‘‘(r) DE MICROMIS CONTRIBUTOR EXEMPTION.—

22 ‘‘(1) IN GENERAL.—In the case of a vessel or

23 facility listed on the National Priorities List, no per24 son described in paragraph (3) or (4) of subsection

25 (a) shall be liable to the United States or to any
45

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1 other person (including liability for contribution) for

2 any response costs under this section if the activity

3 specifically attributable to the person resulted in the

4 disposal or treatment of not more than 200 pounds

5 or 110 gallons of material containing a hazardous

6 substance at the vessel or facility before the date of

7 enactment of this subsection, or such greater

8 amount as the Administrator may determine by reg9 ulation.

10 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

11 apply in a case in which the Administrator deter12 mines that material described in paragraph (1) has

13 contributed or may contribute significantly, individ14 ually, to the amount of response costs at the facility.

15 ‘‘(s) SMALL BUSINESS EXEMPTION.—

16 ‘‘(1) IN GENERAL.—No person shall be liable to

17 the United States or to any person (including liabil18 ity for contribution) under this section for any re19 sponse costs at a facility listed on the National Pri20 orities List if—

21 ‘‘(A) the person is a business that—

22 ‘‘(i) during the taxable year preceding

23 the date of transmittal of notification that

24 the business is a potentially responsible

25 party, had full- and part-time employees
46

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1 whose combined time was equivalent to 75

2 or fewer full-time employees; or

3 ‘‘(ii) for that taxable year reported

4 $3,000,000 or less in gross revenue;

5 ‘‘(B) the activity specifically attributable to

6 the person resulted in the disposal or treatment

7 of material containing a hazardous substance at

8 the vessel or facility before the date of enact9 ment of this subsection; and

10 ‘‘(C) the person is not affiliated through

11 any familial or corporate relationship with any

12 person that is or was a party potentially re13 sponsible for response costs at the facility.

14 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

15 apply in a case in which the material containing a

16 hazardous substance referred to in subparagraph

17 (A) contributed significantly or could contribute sig18 nificantly to the cost of the response action with re19 spect to the facility.

20 ‘‘(t) MUNICIPAL SOLID WASTE AND SEWAGE

21 SLUDGE EXEMPTION AND LIMITATIONS.—

22 ‘‘(1) CONTRIBUTION OF MUNICIPAL SOLID

23 WASTE AND MUNICIPAL SEWAGE SLUDGE.—

24 ‘‘(A) IN GENERAL.—The condition stated

25 in this subparagraph is that the liability of the
47

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1 potentially responsible party is for response

2 costs based on paragraph (3) or (4) of section

3 107(a) and on the potentially responsible par4 ty’s having arranged for disposal or treatment

5 of, arranged with a transporter for transport

6 for disposal or treatment of, or accepted for

7 transport for disposal or treatment of, munic8 ipal solid waste or municipal sewage sludge at

9 a facility listed on the National Priorities List.

10 ‘‘(B) SETTLEMENT AMOUNT.—

11 ‘‘(i) IN GENERAL.—The President

12 shall offer a settlement to a party referred

13 to in clause (i) with respect to liability

14 under paragraph (3) or (4) of section

15 107(a) on the basis of a payment of $5.30

16 per ton of municipal solid waste or munic17 ipal sewage sludge that the President esti18 mates is attributable to the party.

19 ‘‘(ii) REVISION.—

20 ‘‘(I) IN GENERAL.—The Presi21 dent may revise the settlement

22 amount under clause (i) by regulation.

23 ‘‘(II) BASIS.—A revised settle24 ment amount under subclause (I)

25 shall reflect the estimated per-ton cost
48

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1 of closure and post-closure activities

2 at a representative facility containing

3 only municipal solid waste.

4 ‘‘(C) CONDITIONS.—The provisions for set5 tlement described in this subparagraph shall

6 not apply with respect to a facility where there

7 is no waste except municipal solid waste or mu8 nicipal sewage sludge.

9 ‘‘(D) ADJUSTMENT FOR INFLATION.—The

10 Administrator may by guidance periodically ad11 just the settlement amount under subparagraph

12 (B) to reflect changes in the Consumer Price

13 Index (or other appropriate index, as deter14 mined by the Administrator).

15 ‘‘(2) MUNICIPAL OWNERS AND OPERATORS.—

16 ‘‘(A) AGGREGATE LIABILITY OF LARGE

17 MUNICIPALITIES.—

18 ‘‘(i) IN GENERAL.—With respect to a

19 codisposal landfill that is owned or oper20 ated in whole or in part by municipalities

21 with a population of 100,000 or more (ac22 cording to the 1990 census), and that is

23 not subject to the criteria for solid waste

24 landfills published under subtitle D of the

25 Solid Waste Disposal Act (42 U.S.C. 6941
49

•S 1090 IS

1 et seq.) at part 258 of title 40, Code of

2 Federal Regulations (or a successor regula3 tion), the aggregate amount of liability of

4 such municipal owners and operators for

5 response costs under this section shall be

6 not greater than 20 percent of such costs.

7 ‘‘(ii) INCREASED AMOUNT.—The

8 President may increase the percentage

9 under clause (i) to not more than 35 per10 cent with respect to a municipality if the

11 President determines that the municipality

12 committed specific acts that exacerbated

13 environmental contamination or exposure

14 with respect to the facility.

15 ‘‘(iii) DECREASED AMOUNT.—The

16 President may decrease the percentage

17 under clause (i) with respect to a munici18 pality to not less than 10 percent if the

19 President determines that the municipality

20 took specific acts of mitigation during the

21 operation of the facility to avoid environ22 mental contamination or exposure with re23 spect to the facility.

24 ‘‘(B) AGGREGATE LIABILITY OF SMALL

25 MUNICIPALITIES.—
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1 ‘‘(i) IN GENERAL.—With respect to a

2 codisposal landfill that is owned or oper3 ated in whole or in part by municipalities

4 with a population of less than 100,000 (ac5 cording to the 1990 census), that is not

6 subject to the criteria for solid waste land7 fills published under subtitle D of the Solid

8 Waste Disposal Act (42 U.S.C. 6941 et

9 seq.) at part 258 of title 40, Code of Fed10 eral Regulations (or a successor regula11 tion), the aggregate amount of liability of

12 such municipal owners and operators for

13 response costs under this section shall be

14 not greater than 10 percent of such costs.

15 ‘‘(ii) INCREASED AMOUNT.—The

16 President may increase the percentage

17 under clause (i) to not more than 20 per18 cent with respect to a municipality if the

19 President determines that the municipality

20 committed specific acts that exacerbated

21 environmental contamination or exposure

22 with respect to the facility.

23 ‘‘(iii) DECREASED AMOUNT.—The

24 President may decrease the percentage

25 under clause (i) with respect to a munici-
51

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1 pality to not less than 5 percent if the

2 President determines that the municipality

3 took specific acts of mitigation during the

4 operation of the facility to avoid environ5 mental contamination or exposure with re6 spect to the facility.

7 ‘‘(3) APPLICABILITY.—This subsection shall not

8 apply to—

9 ‘‘(A) a person that acted in violation of

10 subtitle C of the Solid Waste Disposal Act (42

11 U.S.C. 6921 et seq.) at a facility that is subject

12 to a response action under this title, if the vio13 lation pertains to a hazardous substance the re14 lease of threat of release of which caused the

15 incurrence of response costs at the facility;

16 ‘‘(B) a person that owned or operated a

17 codisposal landfill in violation of the applicable

18 requirements for municipal solid waste landfill

19 units under subtitle D of the Solid Waste Dis20 posal Act (42 U.S.C. 6941 et seq.) after Octo21 ber 9, 1991, if the violation pertains to a haz22 ardous substance the release of threat of release

23 of which caused the incurrence of response

24 costs at the facility; or

25 ‘‘(C) a person under section 122(p)(2)(G).
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•S 1090 IS

1 ‘‘(4) PERFORMANCE OF RESPONSE ACTIONS.—

2 As a condition of a settlement with a municipality

3 under this subsection, the President may require

4 that the municipality perform or participate in the

5 performance of the response actions at the facility.

6 ‘‘(5) NOTICE OF APPLICABILITY.—The Presi7 dent shall provide a potentially responsible party

8 with notice of the potential applicability of this sec9 tion in each written communication with the party

10 concerning the potential liability of the party.

11 ‘‘(u) RECYCLING TRANSACTIONS.—

12 ‘‘(1) LIABILITY CLARIFICATION.—As provided

13 in paragraphs (2), (3), (4), and (5), a person who

14 arranged for recycling of recyclable material shall

15 not be liable under paragraph (3) or (4) of sub16 section (a) with respect to the material.

17 ‘‘(2) RECYCLABLE MATERIAL DEFINED.—For

18 purposes of this subsection, the term ‘recyclable ma19 terial’ means scrap paper, scrap plastic, scrap glass,

20 scrap textiles, scrap rubber (other than whole tires),

21 scrap metal, or spent lead-acid, spent nickel-cad22 mium, and other spent batteries, as well as minor

23 amounts of material incident to or adhering to the

24 scrap material as a result of its normal and cus25 tomary use prior to becoming scrap; except that
53

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1 such term shall not include shipping containers of a

2 capacity from 30 liters to 3,000 liters, whether in3 tact or not, having any hazardous substance (but

4 not metal bits and pieces or hazardous substance

5 that form an integral part of the container) con6 tained in or adhering thereto.

7 ‘‘(3) TRANSACTIONS INVOLVING SCRAP PAPER,

8 PLASTIC, GLASS, TEXTILES, OR RUBBER.—Trans9 actions involving scrap paper, scrap plastic, scrap

10 glass, scrap textiles, or scrap rubber (other than

11 whole tires) shall be deemed to be arranging for re12 cycling if the person who arranged for the trans13 action (by selling recyclable material or otherwise ar14 ranging for the recycling of recyclable material) can

15 demonstrate by a preponderance of the evidence that

16 all of the following criteria were met at the time of

17 the transaction:

18 ‘‘(A) The recyclable material met a com19 mercial specification grade.

20 ‘‘(B) A market existed for the recyclable

21 material.

22 ‘‘(C) A substantial portion of the recyclable

23 material was made available for use as feed24 stock for the manufacture of a new saleable

25 product.
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1 ‘‘(D) The recyclable material could have

2 been a replacement or substitute for a virgin

3 raw material, or the product to be made from

4 the recyclable material could have been a re5 placement or substitute for a product made, in

6 whole or in part, from a virgin raw material.

7 ‘‘(E) For transactions occurring 90 days

8 or more after the date of enactment of this sub9 section, the person exercised reasonable care to

10 determine that the facility where the recyclable

11 material was handled, processed, reclaimed, or

12 otherwise managed by another person (herein13 after in this subsection referred to as a ‘con14 suming facility’) was in compliance with sub15 stantive (not procedural or administrative) pro16 visions of any Federal, State, or local environ17 mental law or regulation, or compliance order

18 or decree issued pursuant thereto, applicable to

19 the handling, processing, reclamation, storage,

20 or other management activities associated with

21 recyclable material.

22 ‘‘(F) For purposes of this paragraph, ‘rea23 sonable care’ shall be determined using criteria

24 that include (but are not limited to)—
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1 ‘‘(i) the price paid in the recycling

2 transaction;

3 ‘‘(ii) the ability of the person to detect

4 the nature of the consuming facility’s oper5 ations concerning its handling, processing,

6 reclamation, or other management activi7 ties associated with recyclable material;

8 and

9 ‘‘(iii) the result of inquiries made to

10 the appropriate Federal, State, or local en11 vironmental agency (or agencies) regarding

12 the consuming facility’s past and current

13 compliance with substantive (not proce14 dural or administrative) provisions of any

15 Federal, State, or local environmental law

16 or regulation, or compliance order or de17 cree issued pursuant thereto, applicable to

18 the handling, processing, reclamation, stor19 age, or other management activities associ20 ated with the recyclable material. For the

21 purposes of this subparagraph, a require22 ment to obtain a permit applicable to the

23 handling, processing, reclamation, or other

24 management activity associated with the
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1 recyclable materials shall be deemed to be

2 a substantive provision.

3 ‘‘(4) TRANSACTIONS INVOLVING SCRAP

4 METAL.—

5 ‘‘(A) Transactions involving scrap metal

6 shall be deemed to be arranging for recycling if

7 the person who arranged for the transaction (by

8 selling recyclable material or otherwise arrang9 ing for the recycling of recyclable material) can

10 demonstrate by a preponderance of the evidence

11 that at the time of the transaction—

12 ‘‘(i) the person met the criteria set

13 forth in paragraph (3) with respect to the

14 scrap metal;

15 ‘‘(ii) the person was in compliance

16 with any applicable regulations or stand17 ards regarding the storage, transport,

18 management, or other activities associated

19 with the recycling of scrap metal that the

20 Administrator promulgates under the Solid

21 Waste Disposal Act subsequent to the en22 actment of this subsection and with regard

23 to transactions occurring after the effective

24 date of such regulations or standards; and
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•S 1090 IS

1 ‘‘(iii) the person did not melt the

2 scrap metal prior to the transaction.

3 ‘‘(B) For purposes of subparagraph

4 (A)(iii), melting of scrap metal does not include

5 the thermal separation of 2 or more materials

6 due to differences in their melting points (re7 ferred to as ‘sweating’).

8 ‘‘(C) For purposes of this paragraph, the

9 term ‘scrap metal’ means—

10 ‘‘(i) bits and pieces of metal parts

11 (e.g., bars, turnings, rods, sheets, wire) or

12 metal pieces that may be combined to13 gether with bolts or soldering (e.g., radi14 ators, scrap automobiles, railroad box

15 cars), which when worn or superfluous can

16 be recycled; and

17 ‘‘(ii) notwithstanding subparagraph

18 (A)(iii), metal byproducts from copper and

19 copper-based alloys that—

20 ‘‘(I) are not 1 of the primary

21 products of a secondary production

22 process;

23 ‘‘(II) are not solely or separately

24 produced by the production process;
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•S 1090 IS

1 ‘‘(III) are not stored in a pile or

2 surface impoundment; and

3 ‘‘(IV) are sold to another recycler

4 that is not speculatively accumulating

5 such metal byproducts;

6 except for scrap metals that the Administrator

7 excludes from this definition by regulation.

8 ‘‘(5) TRANSACTIONS INVOLVING BATTERIES.—

9 Transactions involving spent lead-acid batteries,

10 spent nickel-cadmium batteries, or other spent bat11 teries shall be deemed to be arranging for recycling

12 if the person who arranged for the transaction (by

13 selling recyclable material or otherwise arranging for

14 the recycling of recyclable material) can demonstrate

15 by a preponderance of the evidence that at the time

16 of the transaction—

17 ‘‘(A) the person met the criteria set forth

18 in paragraph (3) with respect to the spent lead19 acid batteries, spent nickel-cadmium batteries,

20 or other spent batteries, but the person did not

21 recover the valuable components of such bat22 teries; and

23 ‘‘(B)(i) with respect to transactions involv24 ing lead-acid batteries, the person was in com25 pliance with applicable Federal environmental
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•S 1090 IS

1 regulations or standards, and any amendments

2 thereto, regarding the storage, transport, man3 agement, or other activities associated with the

4 recycling of spent lead-acid batteries;

5 ‘‘(ii) with respect to transactions involving

6 nickel-cadmium batteries, Federal environ7 mental regulations or standards are in effect re8 garding the storage, transport, management, or

9 other activities associated with the recycling of

10 spent nickel-cadmium batteries, and the person

11 was in compliance with applicable regulations or

12 standards or any amendments thereto; or

13 ‘‘(iii) with respect to transactions involving

14 other spent batteries, Federal environmental

15 regulations or standards are in effect regarding

16 the storage, transport, management, or other

17 activities associated with the recycling of such

18 batteries, and the person was in compliance

19 with applicable regulations or standards or any

20 amendments thereto.

21 ‘‘(6) EXCLUSIONS.—

22 ‘‘(A) The exemptions set forth in para23 graphs (3), (4), and (5) shall not apply if—
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1 ‘‘(i) the person had an objectively rea2 sonable basis to believe at the time of the

3 recycling transaction—

4 ‘‘(I) that the recyclable material

5 would not be recycled;

6 ‘‘(II) that the recyclable material

7 would be burned as fuel, or for energy

8 recovery or incineration; or

9 ‘‘(III) for transactions occurring

10 before 90 days after the date of the

11 enactment of this subsection, that the

12 consuming facility was not in compli13 ance with a substantive (not proce14 dural or administrative) provision of

15 any Federal, State, or local environ16 mental law or regulation, or compli17 ance order or decree issued pursuant

18 thereto, applicable to the handling,

19 processing, reclamation, or other man20 agement activities associated with the

21 recyclable material;

22 ‘‘(ii) the person had reason to believe

23 that hazardous substances had been added

24 to the recyclable material for purposes

25 other than processing for recycling;
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1 ‘‘(iii) the person failed to exercise rea2 sonable care with respect to the manage3 ment and handling of the recyclable mate4 rial (including adhering to customary in5 dustry practices current at the time of the

6 recycling transaction designed to minimize,

7 through source control, contamination of

8 the recyclable material by hazardous sub9 stances); or

10 ‘‘(iv) with respect to any item of a re11 cyclable material, the item contained poly12 chlorinated biphenyls at a concentration in

13 excess of 50 parts per million or any new

14 standard promulgated pursuant to applica15 ble Federal laws.

16 ‘‘(B) For purposes of this paragraph, an

17 objectively reasonable basis for belief shall be

18 determined using criteria that include (but are

19 not limited to) the size of the person’s business,

20 customary industry practices (including cus21 tomary industry practices current at the time of

22 the recycling transaction designed to minimize,

23 through source control, contamination of the re24 cyclable material by hazardous substances), the

25 price paid in the recycling transaction, and the
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•S 1090 IS

1 ability of the person to detect the nature of the

2 consuming facility’s operations concerning its

3 handling, processing, reclamation, or other

4 management activities associated with the recy5 clable material.

6 ‘‘(C) For purposes of this paragraph, a re7 quirement to obtain a permit applicable to the

8 handling, processing, reclamation, or other

9 management activities associated with recycla10 ble material shall be deemed to be a substantive

11 provision.’’.

12 (2) TRANSITION RULES.—

13 (A) IN GENERAL.—The exemptions under

14 subsections (q), (r), and (s) of section 107 of

15 the Comprehensive Environmental Response,

16 Compensation, and Liability Act of 1980 (42

17 U.S.C. 9607(q), 9607(r), 9607(s)) (as added by

18 paragraph (1)) shall not apply to any settle19 ment or judgment approved by a United States

20 Federal District Court—

21 (i) before the date of enactment of

22 this Act; or

23 (ii) not later than 180 days after the

24 date of enactment of this Act.
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1 (B) EFFECT ON PENDING OR CONCLUDED

2 ACTIONS.—The exemptions provided in sub3 section (u) of the Comprehensive Environ4 mental Response, Compensation, and Liability

5 Act of 1980 (42 U.S.C. 9607(u)) (as added by

6 paragraph (1)) shall not affect any concluded

7 judicial or administrative action or any pending

8 judicial action initiated by the United States

9 prior to the date of enactment of this Act.

10 (c) SERVICE STATION DEALERS.—Section 114(c) of

11 the Comprehensive Environmental Response, Compensa12 tion, and Liability Act of 1980 (42 U.S.C. 9614(c)) is

13 amended—

14 (1) in paragraph (1)—

15 (A) by striking ‘‘No person’’ and inserting

16 ‘‘A person’’;

17 (B) by striking ‘‘may recover’’ and insert18 ing ‘‘may not recover’’;

19 (C) by striking ‘‘if such recycled oil’’ and

20 inserting ‘‘unless the service station dealer’’;

21 and

22 (D) by striking subparagraphs (A) and (B)

23 and inserting the following:

24 ‘‘(A) mixed the recycled oil with any other

25 hazardous substance; or
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•S 1090 IS

1 ‘‘(B) did not store, treat, transport, or oth2 erwise manage the recycled oil in compliance

3 with any applicable regulations or standards

4 promulgated under section 3014 of the Solid

5 Waste Disposal Act (42 U.S.C. 6935) and other

6 applicable authorities that were in effect on the

7 date of such activity.’’; and

8 (2) by striking paragraph (4).

9 SEC. 302. EXPEDITED SETTLEMENT FOR CERTAIN PARTIES.

10 (a) PARTIES ELIGIBLE.—Section 122(g) of the Com11 prehensive Environmental Response, Compensation, and

12 Liability Act of 1980 (42 U.S.C. 9622(g)) is amended—

13 (1) by striking the subsection heading and in14 serting the following:

15 ‘‘(g) EXPEDITED FINAL SETTLEMENT.—’’;

16 (2) in paragraph (1)—

17 (A) by redesignating subparagraph (B) as

18 subparagraph (C);

19 (B) by striking ‘‘(1)’’ and all that follows

20 through subparagraph (A) and inserting the fol21 lowing:

22 ‘‘(1) PARTIES ELIGIBLE.—

23 ‘‘(A) IN GENERAL.—As expeditiously as

24 practicable, the President shall—
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1 ‘‘(i) notify each potentially responsible

2 party that meets 1 or more of the condi3 tions stated in subparagraphs (B), (C),

4 and (D) of the party’s eligibility for a set5 tlement; and

6 ‘‘(ii) offer to reach a final administra7 tive or judicial settlement with the party.

8 ‘‘(B) DE MINIMIS CONTRIBUTION.—The

9 condition stated in this subparagraph is that

10 the liability is for response costs based on para11 graph (3) or (4) of section 107(a) and the par12 ty’s contribution of a hazardous substance at a

13 facility is de minimis. For the purposes of this

14 subparagraph, a potentially responsible party’s

15 contribution shall be considered to be de mini16 mis only if the President determines that both

17 of the following criteria are met:

18 ‘‘(i) MINIMAL AMOUNT OF MATE19 RIAL.—The amount of material containing

20 a hazardous substance contributed by the

21 potentially responsible party to the facility

22 is minimal relative to the total amount of

23 material containing hazardous substances

24 at the facility. The amount of a potentially

25 responsible party’s contribution shall be
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•S 1090 IS

1 presumed to be minimal if the amount is

2 1 percent or less of the total amount of

3 material containing a hazardous substance

4 at the facility, unless the Administrator

5 promptly identifies a greater threshold

6 based on site-specific factors.

7 ‘‘(ii) HAZARDOUS EFFECTS.—The ma8 terial containing a hazardous substance

9 contributed by the potentially responsible

10 party does not present toxic or other haz11 ardous effects that are significantly greater

12 than the toxic or other hazardous effects of

13 other material containing a hazardous sub14 stance at the facility.’’;

15 (C) in subparagraph (C) (as redesignated

16 by subparagraph (A))—

17 (i) by redesignating clauses (i)

18 through (iii) as subclauses (I) through

19 (III), respectively, and adjusting the mar20 gins appropriately;

21 (ii) by striking ‘‘(C) The potentially

22 responsible party’’ and inserting the fol23 lowing:

24 ‘‘(C) OWNERS OF REAL PROPERTY.—
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1 ‘‘(i) IN GENERAL.—The condition

2 stated in this subparagraph is that the po3 tentially responsible party’’; and

4 (iii) by striking ‘‘This subparagraph

5 (B)’’ and inserting the following:

6 ‘‘(ii) APPLICABILITY.—Clause (i)’’;

7 and

8 (D) by adding at the end the following:

9 ‘‘(D) REDUCTION IN SETTLEMENT

10 AMOUNT BASED ON LIMITED ABILITY TO PAY.—

11 ‘‘(i) IN GENERAL.—The condition

12 stated in this subparagraph is that—

13 ‘‘(I) the potentially responsible

14 party is—

15 ‘‘(aa) a natural person;

16 ‘‘(bb) a small business; or

17 ‘‘(cc) a municipality;

18 ‘‘(II) the potentially responsible

19 party demonstrates an inability to pay

20 or has only a limited ability to pay re21 sponse costs, as determined by the

22 Administrator under a regulation pro23 mulgated by the Administrator,

24 after—
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1 ‘‘(aa) public notice and op2 portunity for comment; and

3 ‘‘(bb) consultation with the

4 Administrator of the Small Busi5 ness Administration and the Sec6 retary of Housing and Urban De7 velopment; and

8 ‘‘(III) in the case of a potentially

9 responsible party that is a small busi10 ness, the potentially responsible party

11 does not qualify for the small business

12 exemption under section 107(s) be13 cause of the application of section

14 107(s)(2).

15 ‘‘(ii) SMALL BUSINESSES.—

16 ‘‘(I) DEFINITION OF SMALL

17 BUSINESS.—In this subparagraph, the

18 term ‘small business’ means a busi19 ness entity that—

20 ‘‘(aa) during the taxable

21 year preceding the date of trans22 mittal of notification that the

23 business is a potentially respon24 sible party, had full- and part25 time employees whose combined
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1 time was equivalent to that of 75

2 or fewer full-time employees or

3 for that taxable year reported

4 $3,000,000 or less in gross rev5 enue; and

6 ‘‘(bb) is not affiliated

7 through any familial or corporate

8 relationship with any person that

9 is or was a party potentially re10 sponsible for response costs at

11 the facility.

12 ‘‘(II) CONSIDERATIONS.—At the

13 request of a small business, the Presi14 dent shall take into consideration the

15 ability of the small business to pay re16 sponse costs and still maintain its

17 basic business operations, including—

18 ‘‘(aa) consideration of the

19 overall financial condition of the

20 small business; and

21 ‘‘(bb) demonstrable con22 straints on the ability of the

23 small business to raise revenues.

24 ‘‘(III) INFORMATION.—A small

25 business requesting settlement under
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1 this paragraph shall promptly provide

2 the President with all information

3 needed to determine the ability of the

4 small business to pay response costs.

5 ‘‘(IV) DETERMINATION.—A

6 small business shall demonstrate the

7 extent of its ability to pay response

8 costs, and the President shall perform

9 any analysis that the President deter10 mines may assist in demonstrating the

11 impact of a settlement on the ability

12 of the small business to maintain its

13 basic operations. The President, in

14 the discretion of the President, may

15 perform such an analysis for any

16 other party or request the other party

17 to perform the analysis.

18 ‘‘(V) ALTERNATIVE PAYMENT

19 METHODS.—If the President deter20 mines that a small business is unable

21 to pay its total settlement amount im22 mediately, the President shall consider

23 such alternative payment methods as

24 may be necessary or appropriate.

25 ‘‘(iii) MUNICIPALITIES.—
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1 ‘‘(I) CONSIDERATIONS.—The

2 President shall consider the inability

3 or limited ability to pay of a munici4 pality to the extent that the munici5 pality provides information with re6 spect to—

7 ‘‘(aa) the general obligation

8 bond rating and information

9 about the most recent bond issue

10 for which the rating was pre11 pared;

12 ‘‘(bb) the amount of total

13 available funds (other than dedi14 cated funds or State assistance

15 payments for remediation of inac16 tive hazardous waste sites);

17 ‘‘(cc) the amount of total

18 operating revenues (other than

19 obligated or encumbered reve20 nues);

21 ‘‘(dd) the amount of total

22 expenses;

23 ‘‘(ee) the amounts of total

24 debt and debt service;
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1 ‘‘(ff) per capita income and

2 cost of living;

3 ‘‘(gg) real property values;

4 ‘‘(hh) unemployment infor5 mation; and

6 ‘‘(ii) population information.

7 ‘‘(II) EVALUATION OF IMPACT.—

8 A municipality may submit for consid9 eration by the President an evaluation

10 of the potential impact of the settle11 ment on the provision of municipal

12 services and the feasibility of making

13 delayed payments or payments over

14 time.

15 ‘‘(III) RISK OF DEFAULT OR VIO16 LATION.—A municipality may estab17 lish an inability to pay for purposes of

18 this subparagraph by showing that

19 payment of its liability under this Act

20 would—

21 ‘‘(aa) create a substantial

22 demonstrable risk that the mu23 nicipality would default on debt

24 obligations existing as of the time

25 of the showing, go into bank-
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•S 1090 IS

1 ruptcy, be forced to dissolve, or

2 be forced to make budgetary cut3 backs that would substantially re4 duce the level of protection of

5 public health and safety; or

6 ‘‘(bb) necessitate a violation

7 of legal requirements or limita8 tions of general applicability con9 cerning the assumption and

10 maintenance of fiscal municipal

11 obligations.

12 ‘‘(IV) OTHER FACTORS REL13 EVANT TO SETTLEMENTS WITH MU14 NICIPALITIES.—In determining an ap15 propriate settlement amount with a

16 municipality under this subparagraph,

17 the President may consider other rel18 evant factors, including the fair mar19 ket value of any in-kind services that

20 the municipality may provide to sup21 port the response action at the facil22 ity.

23 ‘‘(iv) OTHER POTENTIALLY RESPON24 SIBLE PARTIES.—This subparagraph does

25 not affect the President’s authority to
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•S 1090 IS

1 evaluate the ability to pay of a potentially

2 responsible party other than a natural per3 son, small business, or municipality or to

4 enter into a settlement with such other

5 party based on that party’s ability to pay.

6 ‘‘(E) ADDITIONAL CONDITIONS FOR EXPE7 DITED SETTLEMENTS.—

8 ‘‘(i) BASIS OF DETERMINATION.—If

9 the President determines that a potentially

10 responsible party is not eligible for settle11 ment under this paragraph, the President

12 shall state the reasons for the determina13 tion in writing to any potentially respon14 sible party that requests a settlement

15 under this paragraph.’’.

16 (b) SETTLEMENT OFFERS.—Section 122(g) of the

17 Comprehensive Environment Response, Liability, and

18 Compensation Act of 1980 (42 U.S.C. 9622(g)) is

19 amended—

20 (1) by redesignating paragraph (6) as para21 graph (7); and

22 (2) by inserting after paragraph (5) the fol23 lowing:

24 ‘‘(6) SETTLEMENT OFFERS.—
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1 ‘‘(A) NOTIFICATION.—As soon as prac2 ticable after receipt of sufficient information to

3 make a determination, the Administrator shall

4 notify any person that the Administrator deter5 mines is eligible under paragraph (1) of the

6 person’s eligibility for the expedited final settle7 ment.

8 ‘‘(B) OFFERS.—As soon as practicable

9 after receipt of sufficient information, the Ad10 ministrator shall submit a written settlement

11 offer to each person that the Administrator de12 termines, based on information available to the

13 Administrator at the time at which the deter14 mination is made, to be eligible for a settlement

15 under paragraph (1).

16 ‘‘(C) INFORMATION.—At the time at which

17 the Administrator submits an offer under para18 graph (1), the Administrator shall, at the re19 quest of the recipient of the offer, make avail20 able to the recipient any information available

21 under section 552 of title 5, United States

22 Code, on which the Administrator bases the set23 tlement offer, and if the settlement offer is

24 based in whole or in part on information not
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1 available under that section, so inform the re2 cipient.’’.

3 SEC. 303. FAIR SHARE SETTLEMENTS AND STATUTORY OR4 PHAN SHARES.

5 (a) IN GENERAL.—Section 122 of the Comprehensive

6 Environmental Response, Compensation, and Liability Act

7 of 1980 (42 U.S.C. 9622) is amended by adding at the

8 end the following:

9 ‘‘(n) FAIR SHARE ALLOCATION.—

10 ‘‘(1) PROCESS.—The President shall conduct an

11 impartial fair share allocation of response costs at

12 National Priority List facilities.

13 ‘‘(2) FACTORS.—In conducting an allocation

14 under this subsection, the President, without regard

15 to any theory of joint and several liability, shall esti16 mate the fair share of each potentially responsible

17 party using principles of equity, the best information

18 reasonably available to the President, and the fol19 lowing factors:

20 ‘‘(A) the quantity of hazardous substances

21 contributed by each party;

22 ‘‘(B) the degree of toxicity of hazardous

23 substances contributed by each party;

24 ‘‘(C) the mobility of hazardous substances

25 contributed by each party;
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1 ‘‘(D) the degree of involvement of each

2 party in the generation, transportation, treat3 ment, storage, or disposal of hazardous sub4 stances;

5 ‘‘(E) the degree of care exercised by each

6 party with respect to hazardous substances,

7 taking into account the characteristics of the

8 hazardous substances;

9 ‘‘(F) the cooperation of each party in con10 tributing to any response action and in pro11 viding complete and timely information to the

12 United States or the allocator; and

13 ‘‘(G) such other equitable factors as the

14 President considers appropriate.

15 ‘‘(3) SCOPE.—A fair share allocation under this

16 subsection shall include any response costs at a Na17 tional priorities List facility that are not addressed

18 in a settlement or a judgment approved by a United

19 States Federal District Court—

20 ‘‘(A) before the date of enactment of this

21 subsection; or

22 ‘‘(B) not later than 180 days after the

23 date of enactment of this subsection.

24 ‘‘(4) SETTLEMENTS BASED ON ALLOCATIONS.—
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1 ‘‘(A) IN GENERAL.—A party may settle

2 any liability to the United States for response

3 costs under this Act for its allocated fair share,

4 including a reasonable risk premium that re5 flects uncertainties existing at the time of set6 tlement.

7 ‘‘(B) COMPLETION OF OBLIGATIONS.—A

8 person that is undertaking a response action

9 under an administrative order issued under sec10 tion 106 or has entered into a settlement decree

11 with the United States of a State as of the date

12 of enactment of this subsection shall complete

13 the person’s obligations under the order or set14 tlement decree.

15 ‘‘(5) UNFUNDED AND UNATTRIBUTABLE

16 SHARES.—Any share attributable to an insolvent,

17 defunct, or bankrupt party, or a share that cannot

18 be attributed to any particular party, shall be allo19 cated among any responsible parties not described in

20 subsection (q), (r), (s), (t), or (u) of section 107 or

21 section 122(g).

22 ‘‘(o) STATUTORY ORPHAN SHARES.—

23 ‘‘(1) IN GENERAL.—For purposes of this sec24 tion, the statutory orphan share is the difference

25 between—
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•S 1090 IS

1 ‘‘(A) the liability of a party described in

2 subsection (q), (s), (t), or (u) of section 107 or

3 section 122(g); and

4 ‘‘(B) the President’s estimate of the liabil5 ity of the party, notwithstanding any exemption

6 from or limitation on liability in this Act.

7 ‘‘(2) DETERMINATION OF STATUTORY ORPHAN

8 SHARES.—

9 ‘‘(A) IN GENERAL.—The President shall

10 include an estimate of the statutory orphan

11 share of a party described in section 107(t) or

12 section 122(g), based on the best information

13 reasonably available to the President, at any

14 time at which the President seeks judicial ap15 proval of a settlement with the party.

16 ‘‘(3) TRANSITION RULE AND SUBSEQUENT SET17 TLEMENTS.—

18 ‘‘(A) IN GENERAL.—Each settlement pre19 sented for judicial approval on or after the date

20 that is 1 year after the date of enactment of

21 this subsection shall include an estimate of the

22 statutory orphan share for each party described

23 in subsection (q), (s), and (u) of section 107

24 that is involved in the settlement.
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•S 1090 IS

1 ‘‘(B) SUBSEQUENT SETTLEMENTS.—The

2 President shall include in a subsequent settle3 ment at the same facility a revised statutory or4 phan share estimate if the President—

5 ‘‘(i) determines that the subsequent

6 settlement includes a new statutory orphan

7 share; or

8 ‘‘(ii) has good cause to revise an ear9 lier statutory orphan share estimate.

10 ‘‘(4) FINAL SETTLEMENTS.—

11 ‘‘(A) IN GENERAL.—A judicially-approved

12 consent decree or settlement shall identify the

13 total statutory orphan share owing for a facility

14 if the consent decree or settlement—

15 ‘‘(i) includes remedial project con16 struction for the last operable unit at the

17 facility; or

18 ‘‘(ii) provides funding for remedial

19 project construction described in clause (i).

20 ‘‘(B) FUNDING AND REIMBURSEMENT.—A

21 consent decree or settlement described in sub22 paragraph (A) shall include full funding of any

23 statutory orphan shares in accordance with this

24 section.
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•S 1090 IS

1 ‘‘(5) HAZARDOUS SUBSTANCE SUPERFUND.—A

2 statutory orphan share constitutes an obligation of

3 the Hazardous Substance Superfund.

4 ‘‘(p) GENERAL PROVISIONS APPLICABLE TO STATU5 TORY ORPHAN SHARES AND FAIR SHARE SETTLE6 MENTS.—

7 ‘‘(1) IN GENERAL.—A fair share settlement

8 under subsection (g) and a statutory orphan share

9 under subsection (n) shall be subject to paragraph

10 (2).

11 ‘‘(2) PROVISIONS APPLICABLE TO STATUTORY

12 ORPHAN SHARES AND FAIR SHARE SETTLEMENTS.—

13 ‘‘(A) STAY OF LITIGATION AND ENFORCE14 MENT.—

15 ‘‘(i) IN GENERAL.—All contribution

16 and cost recovery actions under this Act

17 against each party described in sections

18 107(t) and 122(g) are stayed until the Ad19 ministrator offers those parties a settle20 ment.

21 ‘‘(ii) SUSPENSION OF STATUTE OF

22 LIMITATIONS.—Any statute of limitations

23 applicable to an action described in clause

24 (i) is suspended during the period that a

25 stay under this subparagraph is in effect.
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1 ‘‘(B) FAILURE OR INABILITY TO COM2 PLY.—If the President fails to fund a statutory

3 orphan share, reimburse a party as required by

4 subsection (g), or include a statutory orphan

5 share estimate in any settlement when required

6 to do so under this Act, the President shall

7 not—

8 ‘‘(i) issue any new order under section

9 106 at the facility to any non-Federal

10 party; or

11 ‘‘(ii) commence or maintain any new

12 or existing action to recover response costs

13 at the facility.

14 ‘‘(C) AMOUNTS OWED.—

15 ‘‘(i) HAZARDOUS SUBSTANCE SUPER16 FUND MANAGEMENT.—The President may

17 provide partial reimbursement payments to

18 a party on a schedule that ensures an equi19 table distribution of reimbursement pay20 ments to all eligible parties on a timely

21 basis.

22 ‘‘(ii) PRIORITY.—The priority for re23 imbursement shall be based on the length

24 of time that has passed since the settle-
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1 ment between the United States and the

2 party.

3 ‘‘(iii) PAYMENT FROM FUNDS MADE

4 AVAILABLE FOR SUBSEQUENT FISCAL

5 YEARS.—Any amounts payable in excess of

6 available appropriations in any fiscal year

7 shall be paid from amounts made available

8 for subsequent fiscal years, along with in9 terest on the unpaid balances at the rate

10 equal to that of the current average mar11 ket yield on outstanding marketable obliga12 tions of the United States with a maturity

13 of 1 year.

14 ‘‘(D) CONTRIBUTION PROTECTION.—

15 ‘‘(i) IN GENERAL.—A settlement

16 under this subsection, section 107(t), or

17 section 122(g) shall provide complete pro18 tection from all claims for contribution or

19 cost recovery for response costs that are

20 addressed in the allocation under sub21 section (n).

22 ‘‘(ii) COSTS BEYOND SCOPE OF ALLO23 CATION.—In the case of response costs at

24 a facility that, as a result of a prior, judi25 cially-approved settlement at the facility,
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1 are not within the scope of an allocation

2 under subsection (n), a party shall retain

3 the right to seek cost recovery or contribu4 tion from any other party in accordance

5 with the prior settlement, except that no

6 party may seek contribution for any re7 sponse costs at the facility from—

8 ‘‘(I) a party described in sub9 section (q), (r), (s), or (u) of section

10 107; or

11 ‘‘(II) a party that has settled its

12 liability under section 107(t) or

13 122(g).

14 ‘‘(E) LIABILITY FOR ATTORNEY’S FEES

15 FOR CERTAIN ACTIONS.—A person that, after

16 the date of enactment of this subsection, com17 mences a civil action for contribution under this

18 Act against a person that is not liable by oper19 ation of subsections (q), (r), (s), or (u) of sec20 tion 107, or has resolved its liability to the

21 United States under subsection (n), section

22 107(t), or 122(g), shall be liable to that person

23 for all reasonable costs of defending the action,

24 including all reasonable attorney’s fees and ex25 pert witness fees.
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1 ‘‘(F) ILLEGAL ACTIVITIES.—Subsections

2 (q), (r), (s), (t), and (u) of section 107 and sec3 tion 122(g) shall not apply to—

4 ‘‘(i) any person whose liability for re5 sponse costs under section 107(a) is other6 wise based on any act, omission, or status

7 that is determined by a court or adminis8 trative body of competent jurisdiction,

9 within the applicable statute of limitation,

10 to have been a violation of any Federal or

11 State law pertaining to the treatment,

12 storage, disposal, or handling of hazardous

13 substances if the violation pertains to a

14 hazardous substance, the release or threat

15 of release of which caused the incurrence

16 of response costs at the vessel or facility;

17 ‘‘(ii) a person described in section

18 107(o); or

19 ‘‘(iii) a bona fide prospective pur20 chaser.

21 ‘‘(G) EXCEPTION.—

22 ‘‘(i) IN GENERAL.—The President

23 may decline to reimburse or offer a settle24 ment to a potentially responsible party

25 under subsections (g) and (n) or section
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1 122(g) if the President makes a decision

2 concerning a reimbursement or offer of a

3 settlement under clause (ii).

4 ‘‘(ii) REQUIREMENTS FOR REIM5 BURSEMENT OR OFFER OF A SETTLE6 MENT.—A potentially responsible party

7 may be denied a reimbursement or settle8 ment under clause (i)—

9 ‘‘(I) to the extent that the person

10 or entity has operational control over

11 a vessel or facility, if—

12 ‘‘(aa) the person or entity

13 fails to provide full cooperation

14 to, assistance to, and access to

15 the vessel or facility to persons

16 that are responsible for response

17 actions at the vessel or facility

18 (including the cooperation and

19 access necessary for the installa20 tion, integrity, operation, and

21 maintenance of any complete or

22 partial response actions at the

23 vessel or facility); or

24 ‘‘(bb) the person or entity

25 acts in such a way as to impede
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1 the effectiveness or integrity of

2 any institutional control em3 ployed at the vessel or facility; or

4 ‘‘(II) if the person or entity fails

5 to comply with any request for infor6 mation or administrative subpoena

7 issued by the President under this

8 Act.

9 ‘‘(H) BASIS OF DETERMINATION.—If the

10 President determines that a potentially respon11 sible party is not eligible for settlement under

12 this paragraph, the President shall state the

13 reasons for the determination in writing to any

14 potentially responsible party that requests a

15 settlement under this paragraph.

16 ‘‘(I) WAIVER.—

17 ‘‘(i) RESPONSE COSTS IN ALLOCA18 TION.—A party that settles its liability

19 under this subsection waives the right to

20 seek cost recovery or contribution under

21 this Act for any response costs that are ad22 dressed in the allocation.

23 ‘‘(ii) RESPONSE COSTS OF FACIL24 ITY.—A party that settles its liability

25 under subsection 107(t) or section 122(g)
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1 waives its right to seek cost recovery or

2 contribution under this Act for any re3 sponse costs at the facility.

4 ‘‘(J) PERFORMANCE OF RESPONSE AC5 TIONS.—

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in subparagraph (B), the President

8 may require, as a condition of settlement

9 under subsection (n) and section 107(t),

10 that 1 or more parties conduct a response

11 action at the facility.

12 ‘‘(ii) REIMBURSEMENT.—

13 ‘‘(I) IN GENERAL.—The Presi14 dent shall reimburse a party described

15 in subparagraph (A) for costs in16 curred in excess of the party’s allo17 cated fair share.

18 ‘‘(II) PRO RATA REIMBURSE19 MENT.—The President shall provide

20 equitable pro rata reimbursement to

21 such parties on at least an annual

22 basis.

23 ‘‘(iii) RESPONSE ACTIONS.—No party

24 described in subsections (q), (r), (s), or (u)

25 of section 107 or 122(g) may be required
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1 to perform a response action as a condition

2 of settlement or ordered to conduct a re3 sponse action under section 106.

4 ‘‘(K) JUDICIAL REVIEW.—

5 ‘‘(i) IN GENERAL.—A court shall not

6 approve any settlement under this Act un7 less the settlement includes an estimate of

8 the statutory orphan share that is fair,

9 reasonable and consistent with this Act.

10 ‘‘(ii) STATUTORY ORPHAN SHARE SET11 TLEMENT.—If a court determines that an

12 estimate of a statutory orphan share is not

13 fair, reasonable, or consistent with this

14 Act, the court may—

15 ‘‘(I) approve the settlement; and

16 ‘‘(II) disapprove and remand the

17 estimate of the statutory orphan

18 share.’’.

19 (b) REGULATIONS.—The President shall issue regu20 lations to implement this title not later than 180 days

21 after the date of enactment of this Act.

22 TITLE IV—FUNDING

23 SEC. 401. USES OF HAZARDOUS SUBSTANCE SUPERFUND.

24 (a) IN GENERAL.—The Comprehensive Environ25 mental Response Compensation, and Liability Act of 1980
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1 is amended by striking sections 111 and 112 (42 U.S.C.

2 9611, 9612) and inserting the following:

3 ‘‘SEC. 111. USES OF HAZARDOUS SUBSTANCE SUPERFUND.

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

6 ‘‘(A) IN GENERAL.—There is authorized to

7 be appropriated from the Hazardous Substance

8 Fund for the purposes specified in subpara9 graphs (A) and (B) of paragraph (2) not more

10 than $1,000,000,000 for the 5-year period be11 ginning on the date of enactment of the Super12 fund Program Completion Act of 1999.

13 ‘‘(B) RESPONSE ACTIONS.—There are au14 thorized to be appropriated from the Hazardous

15 Substance Superfund for the performance of re16 sponse actions the amounts described in para17 graph (2)(C).

18 ‘‘(2) SPECIFIC USES.—The President shall use

19 amounts appropriated out of the Hazardous Sub20 stance Superfund only—

21 ‘‘(A) to enter into mixed funding agree22 ments in accordance with section 122;

23 ‘‘(B) to reimburse a party for response

24 costs incurred in excess of the allocated share
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1 of the party as described in a final settlement

2 under section 122; and

3 ‘‘(C) for the performance of response ac4 tions to the extent that the total amount in the

5 Hazardous Substance Superfund is greater

6 than—

7 ‘‘(i) in fiscal year 2000,

8 $1,000,000,000;

9 ‘‘(ii) in fiscal year 2001,

10 $800,000,000;

11 ‘‘(iii) in fiscal year 2002,

12 $600,000,000;

13 ‘‘(iv) in fiscal year 2003,

14 $400,000,000; and

15 ‘‘(v) in fiscal year 2004,

16 $200,000,000.

17 ‘‘(b) CLAIMS AGAINST HAZARDOUS SUBSTANCE

18 SUPERFUND.—

19 ‘‘(1) IN GENERAL.—Claims against the Haz20 ardous Substance Superfund shall not be valid or

21 paid in excess of the total amount in the Hazardous

22 Substance Superfund at any 1 time.

23 ‘‘(2) VALIDITY OF CLAIMS EXCEEDING AMOUNT

24 IN HAZARDOUS SUBSTANCE SUPERFUND.—Claims

25 against the Hazardous Substance Superfund in ex-
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1 cess of the total amount in the Hazardous Substance

2 Superfund shall become valid only when additional

3 amounts are collected for, appropriated for, or other4 wise added to the Hazardous Substance Superfund.

5 ‘‘(3) INSUFFICIENT BALANCE.—

6 ‘‘(A) IN GENERAL.—The President shall

7 not issue an order or seek to recover costs for

8 a response action at a facility if the amount in

9 the Hazardous Substance Superfund is insuffi10 cient to enable the President to enter into an

11 agreement or reimburse a party at the facility

12 under subsection (a).

13 ‘‘(B) AUTHORIZATION OF APPROPRIA14 TIONS.—If sufficient funds are unavailable in

15 the Hazardous Substance Superfund to satisfy

16 claims or to enter into agreements, there are

17 authorized to be appropriated such amounts as

18 are necessary to make such payments.

19 ‘‘(4) NO LIMITATION OF AUTHORITY.—Nothing

20 in this subsection limits the authority of the Presi21 dent to act under section 104.

22 ‘‘(c) REGULATIONS.—

23 ‘‘(1) OBLIGATION OF FUNDS.—The President

24 may promulgate regulations designating 1 or more

25 Federal officials that may obligate amounts in the
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1 Hazardous Substance Superfund in accordance with

2 this section.

3 ‘‘(2) NOTICE TO POTENTIAL INJURED PAR4 TIES.—

5 ‘‘(A) IN GENERAL.—The President shall

6 promulgate regulations with respect to the no7 tice that shall be provided to potential injured

8 parties by an owner and operator of any vessel

9 or facility from which a hazardous substance

10 has been released.

11 ‘‘(B) SUBSTANCE.—The regulations under

12 subparagraph (A) shall describe the notice that

13 would be appropriate to carry out this title.

14 ‘‘(C) COMPLIANCE.—

15 ‘‘(i) IN GENERAL.—On promulgation

16 of regulations under subparagraph (A), an

17 owner and operator described in that sub18 paragraph shall provide notice in accord19 ance with the regulations.

20 ‘‘(ii) PRE-PROMULGATION RE21 LEASES.—In the case of a release of a haz22 ardous substance that occurs before regu23 lations under subparagraph (A) are pro24 mulgated, an owner and operator described

25 in that subparagraph shall provide reason-
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1 able notice of any release to potential in2 jured parties by publication in local news3 papers serving the affected area.

4 ‘‘(iii) RELEASES FROM PUBLIC VES5 SELS.—The President shall provide such

6 notification as is appropriate to potential

7 injured parties with respect to releases

8 from public vessels.

9 ‘‘(d) NATURAL RESOURCES.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), funds may not be used under this Act for

12 the restoration, rehabilitation, or replacement or ac13 quisition of the equivalent of any natural resource

14 until a plan for the use of the funds for those pur15 poses has been developed and adopted, after ade16 quate public notice and opportunity for hearing and

17 consideration of all public comment, by—

18 ‘‘(A) affected Federal agencies;

19 ‘‘(B) the Governor of each State that sus20 tained damage to natural resources that are

21 within the borders of, belong to, are managed

22 by, or appertain to the State; and

23 ‘‘(C) the governing body of any Indian

24 tribe that sustained damage to natural re25 sources that—
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1 ‘‘(i) are within the borders of, belong

2 to, are managed by, appertain to, or are

3 held in trust for the benefit of the tribe; or

4 ‘‘(ii) belong to a member of the tribe,

5 if those resources are subject to a trust re6 striction on alienation.

7 ‘‘(2) EMERGENCY ACTION EXEMPTION.—Funds

8 may be used under this Act for the restoration, re9 habilitation, or replacement or acquisition of the

10 equivalent of any natural resource only in cir11 cumstances requiring action to—

12 ‘‘(A) avoid an irreversible loss of a natural

13 resource;

14 ‘‘(B) prevent or reduce any continuing

15 danger to a natural resource; or

16 ‘‘(C) prevent the loss of a natural resource

17 in an emergency situation similar to those de18 scribed in subparagraphs (A) and (B).

19 ‘‘(e) POST-CLOSURE LIABILITY FUND.—The Presi20 dent shall use the amounts in the Post-closure Liability

21 Fund for—

22 ‘‘(1) any of the purposes specified in subsection

23 (a) with respect to a hazardous waste disposal facil24 ity for which liability has been transferred to the
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1 Post-closure Liability Fund under section 107(k);

2 and

3 ‘‘(2) payment of any claim or appropriate re4 quest for costs of a response, damages, or other

5 compensation for injury or loss resulting from a re6 lease of a hazardous substance from a facility de7 scribed in paragraph (1) under—

8 ‘‘(A) section 107; or

9 ‘‘(B) any other Federal or State law.

10 ‘‘(f) INSPECTOR GENERAL.—

11 ‘‘(1) AUDIT.—In each fiscal year, the Inspector

12 General of the Environmental Protection Agency

13 shall conduct an annual audit of—

14 ‘‘(A) all agreements and reimbursements

15 under subsection (a); and

16 ‘‘(B) all other activities of the Environ17 mental Protection Agency under this Act.

18 ‘‘(2) REPORT.—The Inspector General of the

19 Environmental Protection Agency shall submit to

20 Congress an annual report that—

21 ‘‘(A) describes the results of the audit

22 under paragraph (1); and

23 ‘‘(B) contains such recommendations as

24 the Inspector General considers to be appro25 priate.
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1 ‘‘(g) FOREIGN CLAIMS.—To the extent that this Act

2 permits, a foreign claimant may assert a claim to the same

3 extent that a United States claimant may assert a claim

4 if—

5 ‘‘(1) the release of a hazardous substance

6 occurred—

7 ‘‘(A) in the navigable waters of a foreign

8 country of which the claimant is a resident; or

9 ‘‘(B) in or on the territorial sea or adja10 cent shoreline of a foreign country described in

11 subparagraph (A);

12 ‘‘(2) the claimant is not otherwise compensated

13 for the loss of the claimant;

14 ‘‘(3) the hazardous substance was released from

15 a facility or vessel located adjacent to or within the

16 navigable waters under the jurisdiction of, or was

17 discharged in connection with activities conducted

18 under—

19 ‘‘(A) section 20(a)(2) of the Outer Conti20 nental Shelf Lands Act (43 U.S.C. 1346(a)(2));

21 or

22 ‘‘(B) the Deepwater Port Act of 1974 (33

23 U.S.C. 1501 et seq.); and
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1 ‘‘(4)(A) recovery is authorized by a treaty or an

2 executive agreement between the United States and

3 the foreign country; or

4 ‘‘(B) the Secretary of State, in consultation

5 with the Attorney General and other appropriate of6 ficials, certifies that the foreign country provides a

7 comparable remedy for United States claimants.

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS OUT OF

9 THE GENERAL FUND.—

10 ‘‘(1) REMOVAL AND RESPONSE ACTIONS.—

11 There are authorized to be appropriated to the Envi12 ronmental Protection Agency out of the general fund

13 of the Treasury or from the Hazardous Substance

14 Superfund, in accordance with section 111(a)(2)(C),

15 to conduct removal and response actions under this

16 Act:

17 ‘‘(A) For fiscal year 2000, $900,000,000.

18 ‘‘(B) For fiscal year 2001, $875,000,000.

19 ‘‘(C) For fiscal year 2002, $850,000,000.

20 ‘‘(D) For fiscal year 2003, $825,000,000.

21 ‘‘(E) For fiscal year 2004, $800,000,000.

22 ‘‘(2) HEALTH ASSESSMENTS AND HEALTH CON23 SULTATIONS.—There are authorized to be appro24 priated to the Agency for Toxic Substances and Dis25 ease Registry to conduct health assessments and
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1 health consultations under this Act, and for epi2 demiologic and laboratory studies, preparation of

3 toxicologic profiles, development and maintenance of

4 a registry of persons exposed to hazardous sub5 stances to allow long-term health effects studies, and

6 diagnostic services not otherwise available to deter7 mine whether persons in populations exposed to haz8 ardous substances in connection with a release or

9 suspected release are suffering from long-latency dis10 eases:

11 ‘‘(A) For fiscal year 2000, $60,000,000.

12 ‘‘(B) For fiscal year 2001, $55,000,000.

13 ‘‘(C) For fiscal year 2002, $55,000,000.

14 ‘‘(D) For fiscal year 2003, $50,000,000.

15 ‘‘(E) For fiscal year 2004, $50,000,000.

16 ‘‘(3) HAZARDOUS SUBSTANCE RESEARCH, DEM17 ONSTRATION, AND TRAINING.—

18 ‘‘(A) IN GENERAL.—There are authorized

19 to be appropriated not more than the following

20 amounts for the purposes of section 311(a):

21 ‘‘(i) For fiscal year 2000,

22 $40,000,000.

23 ‘‘(ii) For fiscal year 2001,

24 $40,000,000.
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1 ‘‘(iii) For fiscal year 2002,

2 $40,000,000.

3 ‘‘(iv) For each of fiscal years 2003

4 and 2004, $40,000,000.

5 ‘‘(B) TRAINING LIMITATION.—Not more

6 than 15 percent of the amounts appropriated

7 under subparagraph (A) shall be used for train8 ing under section 311(a) for any fiscal year.

9 ‘‘(C) UNIVERSITY HAZARDOUS SUBSTANCE

10 RESEARCH CENTERS.—Not more than

11 $5,000,000 of the amounts available in the

12 Hazardous Substance Superfund may be used

13 in any of fiscal years 2000 through 2004 for

14 the purposes of section 311(d).

15 ‘‘(4) BROWNFIELD GRANT PROGRAMS.—There

16 are authorized to be appropriated to carry out sec17 tion 127 $100,000,000 for each of fiscal years 2000

18 through 2004.

19 ‘‘(5) QUALIFYING STATE RESPONSE PRO20 GRAMS.—There are authorized to be appropriated to

21 maintain, establish, and administer qualifying State

22 response programs during the first 5 full fiscal years

23 following the date of enactment of this paragraph

24 under a formula established by the Administrator,
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1 $100,000,000 for each of fiscal years 2000 through

2 2004.

3 ‘‘(6) DEPARTMENT OF JUSTICE.—There are au4 thorized to be appropriated to the Attorney General

5 for the enforcement of this Act—

6 ‘‘(A) for fiscal year 2000, $30,000,000;

7 ‘‘(B) for fiscal year 2001, $28,000,000;

8 ‘‘(C) for fiscal year 2002, $26,000,000;

9 ‘‘(D) for fiscal year 2003, $24,000,000;

10 and

11 ‘‘(E) for fiscal year 2004, $22,000,000.

12 ‘‘(7) PROHIBITION OF TRANSFER.—None of the

13 funds authorized to be appropriated under this sub14 section may be transferred to any other Federal

15 agency.’’.

16 (b) CONFORMING AMENDMENTS.—

17 (1) RESPONSE ACTIONS.—Section 104(c) of the

18 Comprehensive Environmental Response Compensa19 tion, and Liability Act of 1980 (42 U.S.C. 9604(c))

20 is amended—

21 (A) in paragraph (1), by striking ‘‘obliga22 tions from the Fund, other than those author23 ized by subsection (b) of this section,’’ and in24 serting ‘‘, such response actions’’; and
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1 (B) in paragraph (7), by striking ‘‘shall be

2 from funds received by the Fund from amounts

3 recovered on behalf of such fund under this

4 Act’’ and inserting ‘‘shall be from appropria5 tions out of the general fund of the Treasury’’.

6 (2) INFORMATION GATHERING AND ANAL7 YSIS.—Section 105(g)(4) of the Comprehensive En8 vironmental Response Compensation, and Liability

9 Act of 1980 (42 U.S.C. 9605(g)(4)) is amended by

10 striking ‘‘expenditure of monies from the Fund for’’.

11 (3) PRESIDENT.—Section 107(c)(3) of the

12 Comprehensive Environmental Response Compensa13 tion, and Liability Act of 1980 (42 U.S.C.

14 9607(c)(3)) is amended in the first sentence by

15 striking ‘‘Fund’’ and inserting ‘‘President’’.

16 (4) OTHER LIABILITY.—Section 109(d) of the

17 Comprehensive Environmental Response Compensa18 tion, and Liability Act of 1980 (42 U.S.C. 9609(d))

19 is amended by striking the second sentence.

20 (5) SOURCE OF FUNDING.—Section 119(c)(3)

21 of the Comprehensive Environmental Response Com22 pensation, and Liability Act of 1980 (42 U.S.C.

23 9619(c)(3)) is amended—
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1 (A) in the second sentence, by striking

2 ‘‘For purposes of section 111, amounts’’ and in3 serting ‘‘Amounts’’; and

4 (B) in the third sentence—

5 (i) by striking ‘‘If sufficient funds are

6 unavailable in the Hazardous Substance

7 Superfund established under subchapter A

8 of chapter 98 of the Internal Revenue

9 Code of 1954 to make payments pursuant

10 to such indemnification or if the Fund is

11 repealed, there’’ and inserting ‘‘There‘‘;

12 and

13 (ii) by striking ‘‘payments’’ and in14 serting ‘‘expenditures’’.

15 (6) REMEDIAL ACTION USING HAZARDOUS SUB16 STANCE SUPERFUND.—Section 121(d)(4)(F) of the

17 Comprehensive Environmental Response Compensa18 tion, and Liability Act of 1980 (42 U.S.C.

19 9621(d)(4)(F)) is amended—

20 (A) by striking ‘‘ using the Fund’’; and

21 (B) by striking ‘‘amounts from the Fund’’

22 and inserting ‘‘funds’’.

23 (7) AVAILABILITY OF FUNDING.—Section

24 122(f)(4)(F) of the Comprehensive Environmental

25 Response Compensation, and Liability Act of 1980
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1 (42 U.S.C. 9622(f)(4)(F)) is amended by striking

2 ‘‘the Fund or other sources of’’.

Æ