I

103D CONGRESS

1ST SESSION H. R. 2853

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (Superfund) to establish a public-private partnership demonstration project for the cleanup of groundwater pollution

in the San Gabriel Basin.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1993

Mr. TORRES (for himself, Mr. BECERRA, Mr. BERMAN, Mr. BEILENSON, Mr.

BROWN of California, Mr. CALVERT, Mr. CUNNINGHAM, Mr. DELLUMS,

Mr. DIXON, Mr. DOOLEY, Mr. DOOLITTLE, Mr. DORNAN, Mr. DREIER,

Mr. EDWARDS of California, Ms. ESHOO, Mr. FARR of California, Mr.

FAZIO, Mr. FILNER, Mr. GALLEGLY, Mr. HAMBURG, Ms. HARMAN, Mr.

HORN, Mr. HUFFINGTON, Mr. HUNTER, Mr. KIM, Mr. LANTOS, Mr.

LEHMAN, Mr. LEWIS of California, Mr. MARTINEZ, Mr. MATSUI, Mr.

MCCANDLESS, Mr. MILLER of California, Mr. MINETA, Mr. MOORHEAD,

Mr. PACKARD, Ms. PELOSI, Mr. ROHRABACHER, Ms. ROYBAL-ALLARD,

Ms. SCHENK, Mr. STARK, Mr. THOMAS of California, Ms. WATERS, and

Ms. WOOLSEY) introduced the following bill; which was referred jointly

to the Committees on Energy and Commerce and Public Works and

Transportation

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to establish a public-private partnership demonstration project

for the cleanup of groundwater pollution in the San

Gabriel Basin.

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

2 This Act may be cited as the ‘‘San Gabriel Basin

3 Demonstration Project Act’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) The San Gabriel Basin presents a unique

7 set of environmental problems.

8 (2) The San Gabriel Valley is an area of 195

9 square miles located approximately 10 to 20 miles

10 northeast of downtown Los Angeles in Los Angeles

11 County. It is the home of 1,000,000 to 1,500,000

12 people who rely on the groundwater of the San

13 Gabriel Basin for their primary drinking water.

14 (3) The San Gabriel Basin is the most heavily

15 contaminated potable groundwater basin in the

16 United States.

17 (4) The groundwater in the San Gabriel Basin

18 is heavily contaminated with toxic volatile organic

19 compounds (VOCs) including trichloroethylene

20 (TCE), perchloroethylene (PCE), and carbon tetra21 chloride (CTC). The contamination levels vary

22 throughout the Valley.

23 (5) Four separate areas of contamination in the

24 San Gabriel Basin are listed on the National Prior25 ity List (NPL) of Superfund. The areas where the
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1 VOC contamination exceeds drinking water stand2 ards covers approximately 30 to 40 square miles.

3 (6) The VOCs in the San Gabriel Basin have

4 been generated by hundreds of commercial and in5 dustrial facilities scattered throughout the San

6 Gabriel Valley, over a period of more than 30 years.

7 (7) The San Gabriel Basin is also heavily con8 taminated with nitrates as a result of hundreds of

9 years of agriculture and ranching in the Valley as

10 well as from industrial and residential septic sys11 tems.

12 (8) Once contaminated, groundwater is very dif13 ficult to clean up.

14 (9) A plume of polluted groundwater will mi15 grate and spread contaminants wherever it flows.

16 The many areas of groundwater contamination

17 throughout the San Gabriel Basin move at different

18 rates and in different directions, depending on the

19 density of the contaminants, the character of the aq20 uifer, and the local flow patterns. In the San Gabriel

21 Basin, flow patterns may be changing directions due

22 to fluctuating pumping rates throughout the Basin

23 and other factors.
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1 (10) Complicating the cleanup in the San

2 Gabriel Basin is the fact that 45 different water

3 purveyors take water from the basin.

4 (11) Because the groundwater flows under hun5 dreds of different facilities, apportioning responsibil6 ity could be very complicated and could ultimately be

7 a very litigious process.

8 (12) There are approximately 275 public water

9 supply wells in the San Gabriel Basin. Eighty wells

10 have contamination levels exceeding current Federal

11 drinking water standards. Some of these wells have

12 been abandoned and replaced with new wells in clean

13 areas. In other contaminated wells, pumping contin14 ues but the groundwater is blended with clean water

15 so that distributed water meets the drinking water

16 standards.

17 (13) The San Gabriel Basin presents a unique

18 opportunity for the community to solve a difficult

19 problem, by working together with the Federal Gov20 ernment in a public-private partnership.

21 SEC. 3. SAN GABRIEL BASIN DEMONSTRATION PROJECT.

22 Title I of the Comprehensive Envrionmental Re23 sponse, Compensation, and Liability Act of 1980

24 (Superfund) is amended by adding at the end the following

25 new section:
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1 ‘‘SEC. 127. SAN GABRIEL BASIN DEMONSTRATION PROJECT.

2 ‘‘(a) TREATMENT OF WATER.—(1) As promptly as

3 practicable after the date of enactment of this section but

4 not later than 6 months after such date, the Administrator

5 shall enter into one or more cooperative agreements or

6 contracts with the San Gabriel Basin Water Quality Au7 thority, or a successor public agency, (hereinafter in this

8 Act referred to as the ‘Authority’) to provide water treat9 ment to remove volatile organic compounds from the

10 groundwater in the San Gabriel Basin. In the case of the

11 projects described in paragraph (3)(B), the contracts or

12 cooperative agreements shall also include the Water Re13 plenishment District of Southern California and the

14 Central Basin Municipal Water District. Implementation

15 of such contracts or cooperative agreements shall be con16 tingent upon a determination by the Administrator that

17 the preconditions of subsection (b) have been met.

18 ‘‘(2) The Authority may contract with other public

19 agencies to provide water treatment services or facilities

20 or related services and facilities, subject to approval by

21 the Administrator and pursuant to the decision rendered

22 in Los Angeles Superior Court Case #924128, Upper San

23 Gabriel Valley Municipal Water District v. City of Alham24 bra, et al.

25 ‘‘(3) Contracts or cooperative agreements under this

26 subsection shall be consistent, insofar as possible, with the
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1 April 17, 1990 draft Basin-Wide Technical Plan prepared

2 by the Administrator, and shall include but not be limited

3 to the following elements:

4 ‘‘(A) BALDWIN PARK.—Proposed capital ex5 penditures in the vicinity of Baldwin Park over the

6 next 10 years, including $4,500,000 for monitoring

7 wells, $14,500,000 for up to 7 wellhead treatment

8 plants, and $136,000,000 for a conjunctive-use plant

9 designed to clean up the Basin and at the same time

10 allow utilization of the basin as a storage facility

11 which will increase reliability of water supplies in

12 Southern California. Such expenditures shall include

13 a water supply component jointly funded by the Met14 ropolitan Water District of Southern California and

15 the Bureau of Reclamation (as authorized by Public

16 Law 102–579), and a VOC clean-up component

17 funded by the Project. Proposed operating costs for

18 these projects will increase gradually to about

19 $32,000,000 per year at the end of the 10-year

20 period.

21 ‘‘(B) WHITTIER NARROWS.—Proposed capital

22 expenditures, including $1,000,000 for engineering

23 assessment, $3,000,000 for monitoring wells,

24 $11,500,000 for wellhead projects, and $20,000,000

25 for regional treatment plants to prevent contami-
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1 nated groundwater from moving from the San Ga2 briel Basin toward the Central Basin through the

3 Whittier Narrows and proposed operating costs for

4 such projects which at the end of the 10-year period

5 equal approximately $3,000,000 per year.

6 ‘‘(C) PUENTE BASIN AREA.—Proposed capital

7 expenditures which include $2,000,000 for engineer8 ing assessments, $3,000,000 for monitoring wells,

9 and $10,000,000 for regional plants in the Puente

10 Valley area to extract and treat highly contaminated

11 groundwater to meet water supply needs and pro12 posed operating costs for such projects which, at the

13 end of the 10-year period will equal approximately

14 $2,000,000 per year.

15 ‘‘(D) ARCADIA, EL MONTE, MONROVIA, GLEN16 DORA.—Proposed capital expenditures in these

17 areas, including $3,000,000 for monitoring wells and

18 $7,500,000 for up to 5 wellhead treatment plants

19 and proposed operating costs for such projects which

20 will equal about $2,000,000 per year at the end of

21 the 10-year period.

22 Federal funds made available under provisions of law

23 other than this section or other provisions of this Act for

24 any expenditure referred to in subparagraphs (A), (B),
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1 (C), or (D) shall not be treated as costs of remedial action

2 recoverable under section 107(a)(4)(A) of this Act.

3 ‘‘(4) Contracts or cooperative agreements under this

4 subsection shall provide for consultation with—

5 ‘‘(A) the Upper San Gabriel Valley Municipal

6 Water District,

7 ‘‘(B) the Main San Gabriel Basin Watermaster,

8 ‘‘(C) the San Gabriel Valley Municipal Water

9 District,

10 ‘‘(D) the Three Valleys Municipal Water Dis11 trict,

12 ‘‘(E) the Central Basin Municipal Water Dis13 trict,

14 ‘‘(F) the Water Replenishment District of

15 Southern California,

16 ‘‘(G) the San Gabriel Valley Protective Associa17 tion,

18 ‘‘(H) the San Gabriel River Watermaster,

19 ‘‘(I) the Metropolitan Water District of South20 ern California,

21 ‘‘(J) the California State Water Resources Con22 trol Board, and

23 ‘‘(K) the California Regional Water Quality

24 Control Board, Los Angeles Region.
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1 ‘‘(5) If the Basin-Wide Technical Plan is published

2 in final form after the date on which any contract or coop3 erative agreement under this subsection is entered into,

4 the contract or cooperative agreement shall be modified

5 by the parties to the extent necessary to be consistent with

6 the plan. Pursuant to such contract or cooperative agree7 ment, the Authority shall provide treatment for water

8 withdrawn from the Basin by qualified public water sys9 tems unless otherwise provided by the Metropolitan Water

10 District of Southern California.

11 ‘‘(6) No contract or cooperative agreement entered

12 into under this subsection shall take effect unless the Ad13 ministrator determines that all preconditions for imple14 menting the treatment project under this subsection have

15 been met, as provided in subsection (b), before the date

16 30 months after the enactment of this section.

17 ‘‘(7) In providing water treatment under this sub18 section and apportioning costs under this section, the Ad19 ministrator and the Authority shall give credit for costs

20 incurred in the design, construction, and operation of any

21 previously approved project undertaken with respect to

22 the Basin and shall take appropriate steps to ensure

23 continuity.

24 ‘‘(b) PRECONDITIONS FOR IMPLEMENTATION OF

25 TREATMENT PROJECT.—(1) No water treatment shall be
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1 provided pursuant to any contract or cooperative agree2 ment under subsection (a) until the Administrator, in con3 sultation with the Authority, finds that—

4 ‘‘(A) a sufficient number (at least 65%) of the

5 persons notified by the Administrator under this Act

6 prior to the date 6 months after the enactment of

7 this section that they may be potentially responsible

8 parties have entered into long-term cost-sharing con9 tracts with the Administrator under this subsection;

10 and

11 ‘‘(B) those contracts are sufficient to provide

12 annual payment for at least 50 percent of the total

13 costs incurred by the Administrator after the date of

14 the enactment of this section in carrying out water

15 treatment under subsection (a).

16 ‘‘(2) The contracts with participating parties under

17 this subsection shall also require that each participating

18 party entering into such a contract will—

19 ‘‘(A) conduct an environmental site assessment

20 in accordance with subsection (i) of the property

21 owned or operated by that party by reason of which

22 such party has been designated as a potentially re23 sponsible party, and

24 ‘‘(B) carry out all removal and remedial action

25 required with respect to hazardous substances in the
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1 soil above the water table on such property, to the

2 extent necessary to comply with the standards under

3 section 121.

4 ‘‘(3) Any person, including potentially responsible

5 parties identified by the Administrator after the date 6

6 months after the enactment of this section, as well as all

7 local government entities within the San Gabriel Basin,

8 who submits a request to the Administrator to participate

9 in the project under this section shall be offered the oppor10 tunity to enter into cost sharing contracts under this sec11 tion and those who enter into such contracts shall be treat12 ed as a participating party for purposes of this section.

13 ‘‘(4) Each person desiring to participate under this

14 section shall enter into a contract under this section within

15 90 days after the date on which the contract is offered

16 by the Administrator to such party.

17 ‘‘(5) The annual payment by each participating party

18 shall be made in accordance with an appropriate schedule

19 of periodic payments established by the Administrator and

20 the Authority to coincide with the funding necessary to

21 carry out this section. Each participating party shall be

22 given the opportunity to fund its periodic payment liability

23 on a present value basis by entering into a structured set24 tlement arrangement. If a participating party funds its

25 periodic payment liability through a structured settlement
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1 arrangement, the Authority shall be named as the owner

2 and payee of the funding instrument at the time of the

3 purchase of the instrument. Any such arrangement is sub4 ject to the approval of the Administrator and the Author5 ity, particularly as to the schedule of payments and the

6 licensed insurance company utilized for these purposes. A

7 participating party may enter into a structured settlement

8 arrangement as a single entity, or may enter into such

9 an arrangement with other participating parties. Except

10 as provided in subsection (c)(5), if a structured settlement

11 arrangement is established pursuant to the provisions of

12 this section, the participating party to whom the settle13 ment relates shall be released from any and all further

14 liability with respect to the settlement.

15 ‘‘(6) No court shall have jurisdiction to review any

16 challenge to the removal or remedial action selected in any

17 contract or cooperative agreement under this section.

18 ‘‘(c) COST SHARING.—(1) Six months after the en19 actment of this section, the Administrator shall notify

20 each potentially responsible party and each other person

21 who has submitted notice to the Administrator under sub22 section (b)(4) of the Administrator’s intention to allocate

23 the total costs incurred by the Administrator for water

24 treatment under subsection (a). Within 60 days after the

25 Administrator notifies such potentially responsible parties
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1 and other persons, any such parties and other persons de2 siring to become participating parties shall so notify the

3 Administrator and agree to provide the Administrator

4 with such information as the Administrator deems nec5 essary to allocate costs among participating parties under

6 this subsection. If the Administrator deems the informa7 tion provided by any such person to be insufficient to per8 mit the Administrator to make cost allocations under this

9 subsection, the Administrator designate such person as in10 eligible to be a participating party. If the parties and other

11 persons notified by the Administrator agree on an alloca12 tion of costs among themselves within 180 days after the

13 expiration of such 60-day period, the Administrator shall

14 allocate costs in accordance with such agreement. If such

15 parties fail to reach an agreement for cost allocation with16 in such 180-day period, within 30 days after the expiration

17 of such 180-day period the Administrator shall allocate

18 costs in accordance with paragraphs (2) and (3).

19 ‘‘(2) In allocating costs to each participating party

20 as provided in paragraph (1), the Administrator shall

21 make 2 allocations. The first allocation shall allocate only

22 those costs associated with the specific zone of contamina23 tion located in proximity to the participating party. The

24 allocation shall be made among all participating parties

25 located in proximity to such zone, pursuant to the formula
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1 established by the Administrator under paragraph (3).

2 The second allocation shall allocate those costs not associ3 ated with specific zones of contamination. The allocation

4 shall be made among all participating parties, pursuant

5 to the formula established by the Administrator under

6 paragraph (3).

7 ‘‘(3) When no agreement has been reached pursuant

8 to paragraph (1), the Administrator shall establish a for9 mula for allocating costs under this subsection. The for10 mula shall require that the share of the total costs to be

11 paid by a participating party shall be based upon the fol12 lowing factors:

13 ‘‘(A) The Standard Industrial Code Number (as

14 determined by the Secretary of Commerce) of the

15 participating party and the Administrator’s estimate

16 of the likelihood that industrial operations having

17 that SIC Number contributed to contamination of

18 the Basin.

19 ‘‘(B) The revenues attributable to the partici20 pating party’s facility in the San Gabriel Valley in

21 a baseline year established by the Administrator.

22 ‘‘(C) The ability of the participating party to

23 pay.

24 ‘‘(D) Prior expenditures made by the participat25 ing party for groundwater mediation in the Basin
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1 (not including any costs of litigation or other attor2 ney’s fees).

3 ‘‘(4) In allocating costs under this subsection the Ad4 ministrator shall also allocate a share of the total costs

5 of carrying out the water treatment project under sub6 section (a) to potentially responsible parties who do not

7 agree to become participating parties under this section.

8 The Administrator shall recover cost from such

9 nonparticipating parties pursuant to other provisions of

10 this Act. The total of all shares contributed by participat11 ing parties under this subsection shall not be more than

12 80 percent of the total costs of carrying out the water

13 treatment project authorized under subsection (a), except

14 as provided in paragraph (5).

15 ‘‘(5) At the time the Administrator enters into a con16 tract or cooperative agreement with the Authority under

17 subsection (a), the Administrator shall estimate the total

18 costs expected to be incurred by the Administrator under

19 subsection (a). Each contract with a participating party

20 under this section shall provide that the maximum obliga21 tion of that participating party under such contract shall

22 not exceed 200 percent of that participating party’s share

23 of such estimated total costs.

24 ‘‘(6) Amounts received from participating parties

25 shall be paid to the Authority and deposited in an interest
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1 bearing account which shall be available only for purposes

2 of the water treatment project carried out under sub3 section (a).

4 ‘‘(d) LEVEL OF TREATMENT.—The water treatment

5 provided pursuant to contracts and cooperative agree6 ments under this section shall be adequate to insure that

7 the treated water will comply with the most stringent

8 standards applicable to drinking water under title XIV of

9 the Public Health Service Act (the Safe Drinking Water

10 Act) or under any provision of State law governing drink11 ing water quality.

12 ‘‘(e) RECOVERY OF FEDERAL SHARE OF COST.—

13 There are authorized to be appropriated to the Adminis14 trator such sums as may be necessary to cover 20 percent

15 of the total costs of carrying out the water treatment

16 project carried out under subsection (a). For purposes of

17 section 107, the Federal share of costs made available pur18 suant to this subsection shall be included as costs of reme19 dial action within the meaning of section 107(a)(4)(A)

20 which are recoverable by the United States Government

21 in an action under section 107 against potentially respon22 sible parties who are not participating parties. For pur23 poses of section 107 all actions taken by the Administrator

24 and the Authority in conformity with this section shall be
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1 deemed to have been taken in conformity with the Na2 tional Contingency Plan.

3 ‘‘(f) EXEMPTION FROM OTHER LIABILITY.—No par4 ticipating party making contributions pursuant to an

5 agreement under this section and complying with sub6 section (b)(2) shall be liable, under any other provision

7 of this Act or the Solid Waste Disposal Act or under any

8 State statutory laws or rules of common law, for the costs

9 of any removal or remediation with respect to hazardous

10 substances released into the San Gabriel Basin, or for

11 costs or damages to natural resources associated with such

12 Basin, to the extent such release occurred before the en13 actment of this section and is identified in a site assess14 ment, and no participating party shall be required to abate

15 any such prior release of any hazardous substances into

16 the Basin (except to the extent required by subsection

17 (b)(2)(B)). The exemption provided by the preceding sen18 tence for any participating party shall cease to apply to

19 such participating party upon a determination by the Ad20 ministrator that such participating party—

21 ‘‘(1) has failed or refused to make any portion

22 of the contribution required of such party pursuant

23 to an agreement under this section,

24 ‘‘(2) has failed or refused to carry out the ac25 tivities required under subsection (b)(2), or
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1 ‘‘(3) has filed a suit against another person for

2 contribution of costs as described in subsection (f).

3 ‘‘(g) CONTRIBUTION.—No participating party may

4 bring an action against any other person to require such

5 other person to contribute any part of the costs required

6 to be paid to the Administrator by such participating

7 party under this section.

8 ‘‘(h) RELATIONSHIP TO OTHER LAWS.—Except as

9 provided in subsection (f), nothing in this section shall be

10 construed to affect the liability of any person under any

11 other provision of this Act or under any other provision

12 of law with respect to hazardous substances, pollutants,

13 or contaminants in the San Gabriel Basin. Nothing in this

14 section shall be construed to affect the authority of the

15 Administrator to carry out removal or remedial action or

16 any other response action with respect to such hazardous

17 substances, pollutants, or contaminants in addition to the

18 demonstration project authorized by this section.

19 ‘‘(i) LIABILITY EXEMPTION FOR PUBLIC WATER

20 SYSTEMS.—Neither the owner or operator of a qualified

21 public water system shall be liable under any provision of

22 Federal statutory or common law affording rights of con23 tribution for costs or damages in any suit for recovery of

24 costs for a removal or remedial action with respect to haz25 ardous substances in the San Gabriel Basin if such a suit
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1 is brought by a potentially responsible party that is not

2 a participating party under this section.

3 ‘‘(j) COMPREHENSIVE ENVIRONMENTAL COMPLI4 ANCE PROGRAM.—

5 ‘‘(1) GENERAL REQUIREMENTS.—To qualify as

6 a participating party under this section, a potentially

7 responsible party must establish a Comprehensive

8 Environmental Compliance Program and agree to

9 conduct an Environmental Site Assessment.

10 ‘‘(2) REGISTERED ENVIRONMENTAL ASSES11 SORS.—The Comprehensive Environmental Compli12 ance Program and Environmental Site Assessment

13 shall be prepared, signed, and dated by a registered

14 civil engineer or registered geologist in accordance

15 with State law, and the Program shall be certified

16 by a person who is capable of committing the finan17 cial resources necessary to implement the Program,

18 such as the owner, operator, or responsible corporate

19 officer, or in the case of a government agency, a

20 principal executive official or a ranking elected

21 official.

22 ‘‘(3) CONTENT OF ENVIRONMENTAL SITE AS23 SESSMENT.—The Environmental Site Assessment

24 required under this section shall contain—
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1 ‘‘(A) an evaluation of practices and proce2 dures established by the current owner or oper3 ator of the facility for which the assessment is

4 conducted to—

5 ‘‘(i) ensure continuing compliance

6 with applicable environmental require7 ments; and

8 ‘‘(ii) identify and implement hazard9 ous waste reduction opportunities for the

10 facility.

11 ‘‘(B) the results of Level I Preliminary As12 sessment (noninvasive investigation and regu13 latory search), and if site conditions warrant,

14 the Level II Assessment (invasive sampling for

15 suspected hazardous materials and preparation

16 of remedial design specifications) and the Level

17 III Assessment (on-site remediation); and

18 ‘‘(C) demonstration of compliance with all

19 applicable State and Federal laws, such as, but

20 not limited to the ‘Community Right-to-Know

21 Act’ and ‘California Hazardous Waste Reduc22 tion Act and Management Review’ (SB 14);

23 ‘‘(4) COPIES.—Copies of each environmental

24 site assessment shall be provided to the Adminis25 trator and the appropriate State official.
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1 ‘‘(k) DEFINITIONS.—As used in this section—

2 ‘‘(1) QUALIFIED PUBLIC WATER SYSTEM.—The

3 term ‘qualified public water system’ means a ‘public

4 water system’, as defined in title XIV of the Public

5 Health Service Act (the Safe Drinking Water Act),

6 which is entitled, as of May 15, 1991, to withdraw

7 water from or store water in the San Gabriel Valley

8 Groundwater Basin, as determined under State law.

9 ‘‘(2) BASIN.—The terms ‘San Gabriel Basin’

10 and ‘the Basin’ mean the San Gabriel Valley

11 Groundwater Basin underlying the San Gabriel Val12 ley in Los Angeles County, California.

13 ‘‘(3) POTENTIALLY RESPONSIBLE PARTY.—The

14 term ‘potentially responsible party’ means a person

15 who is identified by the Administrator as a person

16 who may be liable under section 107, or under any

17 provision of State law, for any amount with respect

18 to cleanup of hazardous substances in the San

19 Gabriel Basin.

20 ‘‘(4) PARTICIPATING PARTY.—The term ‘par21 ticipating party’ means a person who has requested

22 to participate as provided in subsection (b)(4) and

23 who has entered into a contract with the Adminis24 trator under subsection (b).
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1 ‘‘(5) STRUCTURED SETTLEMENT ARRANGE2 MENT.—The term ‘‘structured settlement arrange3 ment’’ means an arrangement where the Authority

4 owns—

5 ‘‘(A) a settlement annuity or similar in6 strument issued by a company licensed to do

7 business as an insurance company under the

8 laws of any State which has a financial stability

9 rating from a nationally recognized insurance

10 company rating organization which rating is

11 satisfactory to the Administrator, or

12 ‘‘(B) any obligation of the United States,

13 that has a defined schedule of periodic pay14 ments which coincides with the schedule of peri15 odic payments determined to be appropriate for

16 the Basin cleanup.’’, or

17 ‘‘(C) or the authority is the beneficiary of

18 a ‘qualified designated settlement fund’ as de19 fined by subsection 468(B) of the Internal Rev20 enue Code.’’.

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