```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3043 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3043

    To provide for the voluntary environmental cleanup of existing 
   industrial sites; to further define the cleanup liability of new 
  industries, financial institutions and tenants; to provide for the 
voluntary cleanup of industrial sites by responsible owners; to define 
  cleanup liabilities on abandoned industrial sites; to establish the 
    Cleanup Loan Fund and the Industrial Land Recycling Fund to aid 
   industrial site cleanups; and to provide for the registration of 
                environmental consulting professionals.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 1993

Mr. Ridge introduced the following bill; which was referred jointly to 
      the Committees on Energy and Commerce and Public Works and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
    To provide for the voluntary environmental cleanup of existing 
   industrial sites; to further define the cleanup liability of new 
  industries, financial institutions and tenants; to provide for the 
voluntary cleanup of industrial sites by responsible owners; to define 
  cleanup liabilities on abandoned industrial sites; to establish the 
    Cleanup Loan Fund and the Industrial Land Recycling Fund to aid 
   industrial site cleanups; and to provide for the registration of 
                environmental consulting professionals.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Industrial and Commercial Land 
Recycling Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Implementation and regulations.
Sec. 104. Liability of persons conducting environmental assessments.
Sec. 105. Applicability.
      TITLE II--INNOCENT LANDOWNER AND RESPONSIBLE OWNER CLEANUPS

Sec. 201. Applicability.
Sec. 202. Cleanup plans.
Sec. 203. Protection from liability.
Sec. 204. Cleanup guarantee.
Sec. 205. Voluntary Cleanup Loan Program.
Sec. 206. Penalty.
           TITLE III--ABANDONED INDUSTRIAL LAND REDEVELOPMENT

Sec. 301. Applicability.
Sec. 302. Environmental assessment.
Sec. 303. Cleanup liability.
Sec. 304. Owner responsibilities.
Sec. 305. Transferability.
Sec. 306. Third parties.
Sec. 307. Funding.
                   TITLE IV--NO ACTION DETERMINATIONS

Sec. 401. No action determinations.
Sec. 402. Review deadline.
Sec. 403. Applicability.
Sec. 404. Exclusions and conditions.
Sec. 405. Transferability.
Sec. 406. Third parties.
          TITLE V--REGISTRATION OF ENVIRONMENTAL PROFESSIONALS

Sec. 501. Registration.
Sec. 502. Qualifications.
Sec. 503. Withholding registration.
Sec. 504. Registration fee.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Industrial Land Recycling Fund.
Sec. 602. Enforcement.
Sec. 603. Delegation to States.
Sec. 604. Authority reserved.
Sec. 605. Construction.
Sec. 606. Effective date.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    The Congress finds the following:
            (1) The reuse and redevelopment of existing industrial and 
        commercial land should be encouraged as a sound land use 
        management policy to prevent the needless development of prime 
        farmland, open space, and natural and recreation areas, and to 
        prevent the expansion of urban sprawl.
            (2) Hundreds of unused industrial sites should be returned 
        to being useful, tax producing properties to protect existing 
        employment opportunities and to provide new opportunities.
            (3) Persons interested in redeveloping existing industrial 
        sites must have a method of determining with certainty what 
        their legal liabilities and cleanup responsibilities will be 
        when they plan the reuse of existing sites. Financial 
        institutions which invest in the reuse of existing sites and 
        the subsequent owners or lease holders must also be given this 
        same degree of certainty.
            (4) Incentives should be put in place to encourage 
        companies to voluntarily develop and implement cleanup plans 
        without the need for adversarial enforcement actions by the 
        Environmental Protection Agency, which frequently only serve to 
        delay cleanups and increase their cost.
            (5) Cleanup responsibilities should be based on the actual 
        risk that contamination on the site may pose to public health 
        and the environment taking into account its future use, and on 
        the degree to which contamination can spread off-site and 
        expose the public or the environment to risk, not on cleanup 
        policies based solely on the need to return every site in the 
        Nation to a pristine condition.

SEC. 102. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (3) The term ``EPA'' means the Environmental Protection 
        Agency.
            (4) The term ``Hazardous Substance Superfund'' means the 
        fund established by section 9507 of the Internal Revenue Code 
        of 1986.
            (5) The term ``hazardous substance'' has the meaning 
        provided that term by section 101(14) of CERCLA.
            (6) The term ``industrial activity'' means commercial, 
        manufacturing, or any other activity done to further either the 
        development, manufacturing, or distribution of goods and 
        services, including administration, research and development, 
        warehousing, shipping, transport, remanufacturing, and repair 
        and maintenance of commercial machinery and equipment.
            (7) The term ``person'' means an individual, firm, 
        corporation, association, partnership, consortium, joint 
        venture, commercial entity, authority, nonprofit corporation, 
        interstate body or other legal entity which is recognized by 
        law as the subject of rights and duties. The term includes the 
        United States Government, a State, and a political subdivision 
        of a State.
            (8) The term ``remediate'' means cleanup, mitigate, 
        correct, abate, minimize, eliminate, prevent, study, or assess 
        a release of a regulated substance into the environment in 
        order to protect the present or future public health, safety, 
        welfare, or the environment.

SEC. 103. IMPLEMENTATION AND REGULATIONS.

    The Environmental Protection Agency shall implement this Act and 
may promulgate any regulations needed to do so. Any regulations needed 
to implement this Act shall be proposed by the Environmental Protection 
Agency no later than 6 months after the date of the enactment of this 
Act and shall be promulgated no later than 18 months after such date.

SEC. 104. LIABILITY OF PERSONS CONDUCTING ENVIRONMENTAL ASSESSMENTS.

    A person shall not be considered a person responsible for a release 
or a threatened release of a hazardous substance simply by virtue of 
conducting an environmental assessment on a property. Nothing in this 
section relieves a person of any liability for failure to exercise due 
diligence in performing an environmental assessment.

SEC. 105. APPLICABILITY.

    This Act does not apply to properties listed or proposed on the 
National Priorities List established under CERCLA.

      TITLE II--INNOCENT LANDOWNER AND RESPONSIBLE OWNER CLEANUPS

SEC. 201. APPLICABILITY.

    (a) In General.--This title applies to a person who is an innocent 
landowner or a responsible owner.
    (b) Innocent Landowner.--For purposes of this title, an innocent 
landowner is a person--
            (1) who either intends to own, as expressed as an option to 
        buy or other formal agreement, or who owns, a parcel of real 
        property on which industrial activities take place;
            (2) who did not, by act or omission, cause or contribute to 
        any contamination or to the release or threatened release of a 
        hazardous substance on the real property; and
            (3) who intends to reuse or redevelop the property to 
        retain or expand employment or who is using the property to 
        retain or expand employment.
    (c) Responsible Owner.--For purposes of this title, a responsible 
owner is a person--
            (1) who owns a parcel of real property on which industrial 
        activities take place; and
            (2) who intends to reuse or redevelop the property to 
        retain or expand employment or who is using the property to 
        retain or expand employment.

SEC. 202. CLEANUP PLANS.

    (a) In General.--A person to which this title applies may submit a 
cleanup plan with respect to a parcel of real property to the 
Environmental Protection Agency for review and approval. The 
Administrator shall review the plan and make a decision on whether the 
plan meets the requirements of this section within no more than 90 days 
after receipt of the plan.
    (b) Contents of Plan.--A cleanup plan shall include the following 
with respect to the real property concerned:
            (1) An environmental assessment of the property which 
        describes the contamination, if any, on the property and the 
        significant actual risk it poses to public health and the 
        environment.
            (2) Proposals to remediate any contamination or condition 
        causing a release or threatened release which poses an 
        immediate, direct, or imminent actual risk to public health and 
        the environment, considering the present or future use of the 
        property.
            (3) Descriptions of measures needed to remove significant 
        actual risks to public health and the environment considering 
        the future use of the property, and a timetable for 
        implementing the measures and for monitoring the measures after 
        they have been completed. The plan is not required to provide 
        for the removal or remediation of the conditions or 
        contaminants causing a release or threatened release on the 
        identified property if the Environmental Protection Agency 
        determines that--
                    (i) activities required to undertake the proposed 
                reuse or redevelopment of the property are proposed to 
                be conducted in a manner which will protect public 
                health and the environment;
                    (ii) any reuse or redevelopment of the property 
                will not aggravate or contribute to contamination of 
                the air, land, or water or to a release or threatened 
                release; and
                    (iii) the owner of the property agrees to cooperate 
                with the Environmental Protection Agency or other 
                persons acting at the direction of the Environmental 
                Protection Agency in taking response actions which may 
                be necessary to address any contamination, condition, 
                or releases or threatened releases not identified in 
                the Voluntary Cleanup Plan or required to be removed or 
                remediated at a later date.
            (4) Descriptions of any proposed deed restrictions on the 
        present or future use of the property designed to prevent 
        contamination or protect the integrity of cleanup measures 
        installed on the site.
    (c) Risk Assessment.--Remediation proposals included in a cleanup 
plan pursuant to subsection (b)(2) for a property shall be based on the 
actual risk to human health and the environment posed by contaminants 
on the property, considering the following factors:
            (1) The intended and allowable use or subsequent uses of 
        the property.
            (2) The ability of the contaminants to move in a form and 
        manner which would result in exposure to humans and the 
        surrounding environment at levels considered to be a 
        significant health risk.
            (3) The potential risk to human health and the environment 
        of containing and isolating contaminants in a manner which 
        prevents harmful exposure to employees on the property, to the 
        public, and to the environment.
            (4) The potential environmental risks of proposed cleanup 
        alternatives and their economic and technical feasibility and 
        reliability.
    (d) Public Review.--A proposed cleanup plan shall be subject to a 
30-day public review and comment period. Notice of the proposed plan 
shall be published in the Federal Register and a newspaper of general 
circulation serving the area in which the identified property is 
located. The Environmental Protection Agency may hold a public hearing 
on the plan if one is requested.
    (e) Certification of Employment Retention or Expansion.--The person 
submitting a cleanup plan under this section shall also submit to the 
Environmental Protection Agency a certification regarding employment 
retention or expansion. The certification shall be a statement signed 
by the person that the person intends to retain the same level of 
employment at the property, or expand employment opportunities by a 
specific number, for at least 5 years after approval of the cleanup 
plan by EPA.
    (f) Certification of Completion.--A person who submits a cleanup 
plan under this section may request the Environmental Protection Agency 
to provide a written certification that the plan has been completed. 
The Environmental Protection Agency shall provide such a certification 
not later than 30 days after such a request is made.
    (g) Deed Restriction.--A cleanup plan may include a proposal for 
placing a restriction on the deed for the property covered by a cleanup 
plan which restricts the uses of the property to industrial activities 
as specified in the cleanup plan or to protect the integrity of cleanup 
measures.

SEC. 203. PROTECTION FROM LIABILITY.

    (a) Protection.--Any person to which this section applies shall not 
be liable under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 or the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.) (including claims for contribution or citizen suits) for 
any contamination included in or not included in the plan for the 
identified property, if the person undertakes and the Environmental 
Protection Agency certifies as complete (under section 202(f)) the 
actions to remove or remediate contamination or releases or threatened 
releases of hazardous substances on the identified property as required 
by the cleanup plan.
    (b) Applicability.--The liability protection provided by this 
section applies to the following persons:
            (1) Except as provided in subsection (c), a landowner of 
        the identified property.
            (2) A person providing financing to the person who 
        undertakes and completes the activities required under the 
        cleanup plan, or who acquires the identified property.
            (3) A person who develops or occupies the identified 
        property as a result of a lease or rent agreement.
            (4) A successor or assign of any person to whom the 
        liability protection applies, provided the successor or assign 
        is not a person responsible for contamination on the property.
    (c) Exclusions.--The protection from liability provided by this 
section does not apply to a property owner--
            (1) who aggravates or contributes to a release or 
        threatened release identified but not remediated under an 
        approved cleanup plan on the identified property;
            (2) who obtains approval of a cleanup plan on the 
        identified property by fraud or misrepresentation or by 
        knowingly failing to disclose material information that would 
        have made the person responsible for a release or threatened 
        release;
            (3) who does not fulfill the certification requirement 
        under section 202(e) to retain or expand employment, unless 
        there is an explanation, determined to be valid by the 
        Administrator, for not fulfilling such requirement, based on 
        criteria such as natural disaster, industry trends, labor 
        force, or loss of a major supplier or market; or
            (4) who was partially responsible for contamination on the 
        site, other than contamination identified in a cleanup plan 
        submitted by a responsible owner.
    (d) Fines and Penalties.--Innocent property owners who submit a 
cleanup plan shall not be responsible for paying any fines or penalties 
levied against any person responsible for contamination on the 
property.

SEC. 204. CLEANUP GUARANTEE.

    (a) Guarantee.--Any person with an approved cleanup plan shall 
submit to the Environmental Protection Agency a cleanup guarantee fee 
upon certification by the Environmental Protection Agency under section 
202(f) that the plan has been completed. The guarantee shall be in an 
amount negotiated by the parties that is a certain percentage of the 
cost of preparing and implementing the cleanup plan. The guarantee is 
to be held in the Industrial Land Recycling Fund established under 
section 601 for a period of 2 years after certification of completion 
under section 202(f).
    (b) Form.--The cleanup guarantee fee can be in a form acceptable to 
the Environmental Protection Agency, which shall include collateral 
bonds, cash or other marketable securities, certificates of deposit, 
letters of credit, or other acceptable financial guarantees. The 
Environmental Protection Agency may also accept phased deposits of 
collateral to meet this requirement.
    (c) Use.--The cleanup guarantee fee is to be earmarked specifically 
for the Environmental Protection Agency's use in the event the cleanup 
measures approved by the Environmental Protection Agency in a cleanup 
plan fail to contain or prevent a release or do not result in reducing 
the risk presented by the site.
    (d) Disposition.--The cleanup guarantee fee will be returned to the 
person implementing the cleanup plan at the end of 2 years after 
certification of completion under section 202(f) if the property owner 
satisfies any monitoring or other post-certification requirements 
described in the cleanup plan and if the measures taken to deal with 
contamination required by the plan performed as expected. Any successor 
to the property owner shall maintain the guarantee for the remainder of 
the 2-year period. The cleanup guarantee fee shall be forfeited if the 
property owner is excluded from liability protection under section 
203(b).

SEC. 205. CLEANUP LOAN PROGRAM.

    (a) Establishment.--There is hereby established a separate account 
in the United States Treasury to be known as the Cleanup Loan Fund, 
which shall be a special fund administered by the Administrator. Within 
60 days of the effective date of this Act the Administrator shall 
finalize guidelines and issue application forms to administer this 
Fund.
    (b) Purpose.--The purpose of the Cleanup Loan Fund is to help 
provide funding to persons undertaking an environmental assessment of a 
site as part of a cleanup plan and for implementing an approved cleanup 
plan. The funding shall be in the form of low-interest loans at an 
interest rate not to exceed 2 percent and grants for up to one-half of 
the costs incurred for completing an environmental assessment and 
implementing a cleanup plan for local economic development agencies and 
other applicants.
    (c) Funds.--In addition to any funds appropriated by Congress, at 
least $5,000,000 shall be transferred on July 1 of each year from the 
Hazardous Substances Superfund to the Cleanup Loan Fund for the purpose 
of implementing the program established in this section. Monies 
received by the Administrator as repayment of outstanding loans shall 
be deposited in the Cleanup Loan Fund. Any interest earned by monies in 
the Cleanup Loan Fund shall remain in the Fund. The first transfer of 
funds from the Hazardous Substances Superfund required by this 
paragraph shall occur within 60 days of the effective date of this Act.
    (d) Annual Report.--The Administrator shall on October 1 of each 
year report to Congress on the grants, loans, expenditures, and 
commitments made from the Cleanup Loan Fund.

SEC. 206. PENALTY.

    Where a property owner fails to retain or expand employment as 
certified under section 202(e), the property owner shall pay a penalty 
to the Industrial Land Recycling Fund equal to the cost of preparing 
and implementing the cleanup plan in any year the owner fails to meet 
employment commitments. This penalty is in addition to any other 
authority provided to the Environmental Protection Agency by this Act.

           TITLE III--ABANDONED INDUSTRIAL LAND REDEVELOPMENT

SEC. 301. APPLICABILITY.

    (a) In General.--This title applies to a person who--
            (1) either intends to own, as expressed as an option to buy 
        or other formal agreement, or who owns, a parcel of real 
        property used for industrial activities where there is no 
        financially viable responsible person to cleanup contamination 
        on the property causing a significant threat to public health 
        or the environment;
            (2) did not, by act or omission, cause or contribute to any 
        contamination or to the release or threatened release of a 
        hazardous substance on the identified real property; and
            (3) intends to reuse or redevelop the property to expand 
        employment opportunities.
    (b) Employment Expansion.--For purposes of this title, employment 
expansion shall mean providing employment opportunities for a period of 
5 years after an agreement is signed under section 302(d).

SEC. 302. ENVIRONMENTAL ASSESSMENT.

    (a) Assessment.--A prospective purchaser or property owner shall 
conduct an environmental assessment on the identified property to 
establish a baseline of any existing contamination on the site.
    (b) Public Review.--The proposed environmental assessment shall be 
subject to a 30-day public review and comment period. Notice of the 
availability of the completed assessment shall be published in the 
Federal Register and a newspaper of general circulation serving the 
area in which the identified property is located. The Environmental 
Protection Agency may hold a public hearing on the assessment if one is 
requested.
    (c) EPA Review.--Within 90 days after a completed environmental 
assessment is received, the Environmental Protection Agency shall 
determine whether the assessment adequately identified the 
environmental hazards and risks posed by the site.
    (d) Agreement.--The Environmental Protection Agency and the 
prospective purchaser or property owner shall enter into an agreement 
based on the environmental assessment which outlines cleanup 
liabilities for the identified property.

SEC. 303. CLEANUP LIABILITY.

    (a) Immediate Threats.--The prospective purchaser or property owner 
shall be responsible for remediation of any immediate, direct, or 
imminent threats to public health or the environment which would 
prevent the property from being occupied for its intended purpose, such 
as drummed waste.
    (b) Identified Contamination.--The prospective purchaser or 
property owner shall not be held responsible for the remediation of any 
contamination identified in the completed environmental assessment 
accepted by the Environmental Protection Agency.
    (c) New Liability.--Nothing in this Act shall relieve the 
prospective purchaser or property owner of any cleanup liability for 
contamination later caused by the prospective purchaser or property 
owner. The prospective purchaser or property owner shall also remain 
responsible for any contamination which was not identified and which 
was known to be a significant risk to public health or the environment 
at the time the assessment was completed.
    (d) Risk Assessment.--Remediation alternatives for a property 
covered by an environmental assessment shall be based on the actual 
risk to human health and the environment posed by contaminants on the 
property, considering the following factors:
            (1) The intended and allowable use or subsequent uses of 
        the property.
            (2) The ability of the contaminants to move in a form and 
        manner which would result in exposure to humans and the 
        surrounding environment at levels considered to be a 
        significant health risk.
            (3) The potential risk to human health and the environment 
        of containing and isolating contaminants in a manner which 
        prevents harmful exposure to employees on the property, to the 
        public, and to the environment.
            (4) The potential environmental risks of proposed cleanup 
        alternatives and their economic and technical feasibility and 
        reliability.
    (e) Liability of Other Parties.--A person providing financing to 
the prospective purchaser or property owner or a person who develops or 
occupies the identified property as a result of a lease or rent 
agreement shall not be considered a responsible person for cleaning up 
contamination on property covered by an agreement developed pursuant to 
this title.
    (f) Past Penalties.--A prospective purchaser or property owner 
submitting an environmental assessment under this title shall not be 
responsible for paying any fines or penalties levied against any person 
responsible for contamination on the property.

SEC. 304. OWNER RESPONSIBILITIES.

    (a) Prevention.--The prospective purchaser or property owner shall 
take the steps necessary to prevent any existing contamination on the 
site from becoming worse as the result of its activities.
    (b) Noninterference.--The prospective purchaser or property owner 
shall not interfere with any subsequent remediation efforts by the 
Environmental Protection Agency or others to deal with contamination 
identified in the environmental assessment.
    (c) Deed Restriction.--The prospective purchaser or property owner 
and the Environmental Protection Agency may agree to having a 
restriction placed on the deed for the property covered by this title 
which restricts the use of the property to industrial activities which 
will protect the integrity of any cleanup measures implemented on the 
property or prevent contaminated portions of the property from being 
disturbed.

SEC. 305. TRANSFERABILITY.

    The agreement on cleanup liabilities entered into by the 
Environmental Protection Agency and the prospective purchaser or 
property owner pursuant to this title is transferable without review by 
the Environmental Protection Agency in its entirety to any and all 
subsequent owners of the property who did not, by act or omission, 
cause or contribute to any contamination or to the release or 
threatened release of a hazardous substance on the identified property.

SEC. 306. THIRD PARTIES.

    No person who submits an environmental assessment accepted under 
this title by the Environmental Protection Agency or who is granted 
liability protection under section 303(e) shall be subject to citizen 
suits or other contribution actions brought by responsible persons for 
a release or potential release on the identified property.

SEC. 307. FUNDING.

    Prospective purchasers and property owners redeveloping abandoned 
property under this title shall be eligible for funding under the 
Cleanup Loan Program established under section 205 to perform 
environmental assessments or to implement any remediation actions 
required of the prospective purchaser or property owner under this 
title.

                   TITLE IV--NO ACTION DETERMINATIONS

SEC. 401. NO ACTION DETERMINATIONS.

    Property owners may request and the Environmental Protection Agency 
may issue written determinations that it will take no enforcement or 
cleanup actions under CERCLA or the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.) against an innocent landowner who owns real property and 
is otherwise not responsible for any identified contamination or a 
release or threatened release of a hazardous substance in any case in 
which--
            (1) an environmental assessment or transaction screen 
        analysis performed by a registered environmental professional 
        indicates no significant contamination or contamination which 
        does not pose significant actual risk to public health and the 
        environment; or
            (2) the Environmental Protection Agency finds that 
        contamination or a release or threatened release of a hazardous 
        substance originates from a source on an adjacent or nearby 
        real property.

SEC. 402. REVIEW DEADLINE.

    The Environmental Protection Agency shall make a decision on 
whether or not to issue a no action determination no later than 90 days 
after a request is made.

SEC. 403. APPLICABILITY.

    A no action determination shall also apply to any person providing 
financing to the person named in the determination and to any person 
developing or occupying the identified property as the result of a 
lease or rent agreement.

SEC. 404. EXCLUSIONS AND CONDITIONS.

    The Environmental Protection Agency may invalidate a no action 
determination if new information indicates the property owned by the 
person is the source of the contamination or release or if the person 
is later determined to be responsible for the release. The property 
owner must allow entry to the property for the purpose of taking any 
remediation and response actions needed to address contamination on the 
adjacent site and not interfere with any response action. The 
Environmental Protection Agency may attach other conditions it feels 
are necessary to allow the Environmental Protection Agency to 
adequately respond to a release.

SEC. 405. TRANSFERABILITY.

    A no action determination may be transferred by the property owner 
to successors and assigns, if the successors and assigns are not 
otherwise responsible for any contamination on the adjacent property. 
The successors and assigns shall be bound by the conditions placed on 
the determination by the Environmental Protection Agency. A no action 
determination shall also be extended to the successors and assigns of 
parties identified in section 403.

SEC. 406. THIRD PARTIES.

    No person who is the subject of a no action determination issued by 
the Environmental Protection Agency or who is granted liability 
protection under section 403 shall be subject to either citizen suits 
or other contribution actions brought by responsible persons for a 
release or potential release identified in the no action determination.

          TITLE V--REGISTRATION OF ENVIRONMENTAL PROFESSIONALS

SEC. 501. REGISTRATION.

    (a) General.--The Environmental Protection Agency may only accept 
environmental assessments or transaction screen reviews as required 
under this Act that are prepared by Environmental Professionals 
registered with the Environmental Protection Agency starting one year 
after the Environmental Protection Agency qualifications for 
registration are established under section 502. Both individual 
Environmental Professionals and corporations can be registered under 
this title.
    (b) Registration Period.--Registration for an Environmental 
Professional shall be valid for a period of one year and shall be 
renewed annually.
    (c) Interim Reviews.--Nothing in this section shall prevent the 
Environmental Protection Agency from accepting environmental 
assessments or transaction screen before the registration requirements 
under this title become effective.

SEC. 502. QUALIFICATIONS.

    The Environmental Protection Agency shall establish qualifications 
for Environmental Professionals requesting certification including--
            (1) education, training, and experience in preparing 
        environmental assessments;
            (2) certification or accreditation by professional groups 
        such as the Institute of Professional Environmental Practice; 
        and
            (3) an evaluation of ability to meet best professional and 
        technical standards for preparing environmental assessments.

SEC. 503. WITHHOLDING REGISTRATION.

    The Environmental Protection Agency may withhold, withdraw, or not 
renew registration of an Environmental Professional if the applicant 
does not meet the qualifications to be registered or if the 
Environmental Protection Agency determines the environmental assessment 
submitted by the Environmental Professional do not meet best 
professional and technical standards.

SEC. 504. REGISTRATION FEE.

    The initial fee for registering Environmental Professionals for the 
first time shall be $150. The registration renewal fee shall be $100. 
The Environmental Protection Agency may by regulation change the 
initial registration and registration renewal fees.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. INDUSTRIAL LAND RECYCLING FUND.

    (a) Fund.--There is hereby established a separate account in the 
United States Treasury to be known as the Industrial Land Recycling 
Fund, which shall be a special fund administered by the Environmental 
Protection Agency.
    (b) Purpose.--The monies deposited in this Fund shall be used by 
the Environmental Protection Agency to remediate a release or 
threatened release that poses a significant risk to public health or 
the environment where the Environmental Protection Agency has certified 
that a cleanup plan has been completed. Monies from the Hazardous 
Substance Superfund shall also be available to the Environmental 
Protection Agency to remediate a release or threatened release on a 
property covered by a cleanup plan.
    (c) Funds.--In addition to any funds appropriated by the Congress, 
private contributions and any fines and penalties assessed under this 
Act and the cleanup guarantees assessed or forfeited under sections 204 
and 304 shall be deposited into the Fund.
    (d) Annual Report.--The Environmental Protection Agency shall on 
October 1 of each year report to Congress on the expenditures and 
commitments made from the Industrial Land Recycling Fund.

SEC. 602. ENFORCEMENT.

    (a) Orders.--The Environmental Protection Agency may issue orders 
to such persons and municipalities as it deems necessary to aid in the 
enforcement of the provisions of this Act. An order issued under this 
Act shall take effect upon service, unless the order specifies 
otherwise. The power of the Environmental Protection Agency to issue an 
order under this Act is in addition to any other remedy which may be 
afforded to the Environmental Protection Agency pursuant to this Act or 
any other Act.
    (b) Additional Authority.--The Environmental Protection Agency may 
use the enforcement authorities (including penalty provisions) 
contained in CERCLA and the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.) to enforce the provisions of this Act.

SEC. 603. DELEGATION TO STATES.

    (a) Compatible Program.--If a State has adopted an industrial and 
commercial land recycling program compatible with the provisions of 
this Act, the Administrator may delegate primary authority for the 
administration and implementation of the programs outlined in titles II 
and III to that State.
    (b) Liability Protection.--If a State is delegated primary 
authority under subsection (a) for administration and implementation, 
the liability protection provided under sections 203, 303(e), and 306 
of this Act concerning direct and third party contribution actions and 
citizen suits under CERCLA and the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.) shall be extended to the participating parties as if such 
protection were provided by the Administrator.
    (c) State Funding.--States delegated primary authority to 
administer and implement titles II and III of this Act shall be 
eligible to apply for funds from the Industrial Land Recycling Fund to 
help offset the cost of administering the program.

SEC. 604. AUTHORITY RESERVED.

    Nothing in this Act shall affect the ability or authority of the 
Environmental Protection Agency or any person to seek any relief 
available under this Act or any other Act against any party who is not 
subject to the liability protection provided under this Act.

SEC. 605. CONSTRUCTION.

    The protection from cleanup liability afforded under this Act shall 
be in addition to the exclusions from being a potentially responsible 
party existing under Federal environmental statutes.

SEC. 606. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment 
of this Act.

                                 <all>

HR 3043 IH----2
HR 3043 IH----3
```