II

106TH CONGRESS

2D SESSION S. 2700

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 to promote the cleanup and reuse of brownfields,

to provide financial assistance for brownfields revitalization, to enhance

State response programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 8, 2000

Mr. L. CHAFEE (for himself, Mr. LAUTENBERG, Mr. SMITH of New Hampshire, and Mr. BAUCUS) introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to promote the

cleanup and reuse of brownfields, to provide financial

assistance for brownfields revitalization, to enhance State

response programs, and for other purposes.

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 ‘‘Brownfields Revitalization and Environmental Restora6 tion Act of 2000’’.
2

•S 2700 IS

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

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—BROWNFIELDS REVITALIZATION FUNDING

Sec. 101. Brownfields revitalization funding.

TITLE II—BROWNFIELDS LIABILITY CLARIFICATIONS

Sec. 201. Contiguous properties.

Sec. 202. Prospective purchasers and windfall liens.

Sec. 203. Innocent landowners.

TITLE III—STATE RESPONSE PROGRAMS

Sec. 301. State response programs.

Sec. 302. Additions to National Priorities List.

3 TITLE I—BROWNFIELDS

4 REVITALIZATION FUNDING

5 SEC. 101. BROWNFIELDS REVITALIZATION FUNDING.

6 (a) DEFINITION OF BROWNFIELD SITE.—Section

7 101 of the Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C. 9601) is

9 amended by adding at the end the following:

10 ‘‘(39) BROWNFIELD SITE.—

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

12 site’ means real property, the expansion, rede13 velopment, or reuse of which may be com14 plicated by the presence or potential presence of

15 a hazardous substance, pollutant, or contami16 nant.

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

18 site’ does not include—
3

•S 2700 IS

1 ‘‘(i) a facility that is the subject of a

2 planned or ongoing removal action under

3 this title;

4 ‘‘(ii) a facility that is listed on the Na5 tional Priorities List or is proposed for

6 listing;

7 ‘‘(iii) a facility that is the subject of

8 a unilateral administrative order, a court

9 order, an administrative order on consent

10 or judicial consent decree that has been

11 issued to or entered into by the parties

12 under this Act;

13 ‘‘(iv) a facility that is the subject of a

14 unilateral administrative order, a court

15 order, an administrative order on consent

16 or judicial consent decree that has been

17 issued to or entered into by the parties, or

18 a facility to which a permit has been issued

19 by the United States or an authorized

20 State under the Solid Waste Disposal Act

21 (42 U.S.C. 6901 et seq.), the Federal

22 Water Pollution Control Act (33 U.S.C.

23 1321), the Toxic Substances Control Act

24 (15 U.S.C. 2601 et seq.), or the Safe
4

•S 2700 IS

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

2 seq.);

3 ‘‘(v) a facility that—

4 ‘‘(I) is subject to corrective ac5 tion under section 3004(u) or 3008(h)

6 of the Solid Waste Disposal Act (42

7 U.S.C. 6924(u), 6928(h)); and

8 ‘‘(II) to which a corrective action

9 permit or order has been issued or

10 modified to require the implementa11 tion of corrective measures;

12 ‘‘(vi) a land disposal unit with respect

13 to which—

14 ‘‘(I) a closure notification under

15 subtitle C of the Solid Waste Disposal

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

17 submitted; and

18 ‘‘(II) closure requirements have

19 been specified in a closure plan or

20 permit;

21 ‘‘(vii) a facility that is subject to the

22 jurisdiction, custody, or control of a de23 partment, agency, or instrumentality of the

24 United States, except for land held in trust

25 by the United States for an Indian tribe;
5

•S 2700 IS

1 ‘‘(viii) a portion of a facility—

2 ‘‘(I) at which there has been a

3 release of polychlorinated biphenyls;

4 and

5 ‘‘(II) that is subject to remedi6 ation under the Toxic Substances

7 Control Act (15 U.S.C. 2601 et seq.);

8 or

9 ‘‘(ix) a portion of a facility, for which

10 portion, assistance for response activity

11 has been obtained under subtitle I of the

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

13 et seq.) from the Leaking Underground

14 Storage Tank Trust Fund established

15 under section 9508 of the Internal Rev16 enue Code of 1986.

17 ‘‘(C) SITE-BY-SITE DETERMINATIONS.—

18 Notwithstanding subparagraph (B) and on a

19 site-by-site basis, the President may authorize

20 financial assistance under section 128 to an eli21 gible entity at a site included in clause (i), (iv),

22 (v), (vi), (viii), or (ix) of subparagraph (B) if

23 the President finds that financial assistance will

24 protect human health and the environment, and

25 either promote economic development or enable
6

•S 2700 IS

1 the creation of, preservation of, or addition to

2 parks, greenways, undeveloped property, other

3 recreational property, or other property used

4 for nonprofit purposes.

5 ‘‘(D) ADDITIONAL AREAS.—For the pur6 poses of section 128, the term ‘brownfield site’

7 includes—

8 ‘‘(i) a site that is contaminated by a

9 controlled substance (as defined in section

10 102 of the Controlled Substances Act (21

11 U.S.C. 802)); and

12 ‘‘(ii) mine-scarred land.’’.

13 (b) BROWNFIELDS REVITALIZATION FUNDING.—

14 Title I of the Comprehensive Environmental Response,

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

16 et seq.) is amended by adding at the end the following:

17 ‘‘SEC. 128. BROWNFIELDS REVITALIZATION FUNDING.

18 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec19 tion, the term ‘eligible entity’ means—

20 ‘‘(1) a general purpose unit of local govern21 ment;

22 ‘‘(2) a land clearance authority or other quasi23 governmental entity that operates under the super24 vision and control of or as an agent of a general

25 purpose unit of local government;
7

•S 2700 IS

1 ‘‘(3) a government entity created by a State

2 legislature;

3 ‘‘(4) a regional council or group of general pur4 pose units of local government;

5 ‘‘(5) a redevelopment agency that is chartered

6 or otherwise sanctioned by a State;

7 ‘‘(6) a State; or

8 ‘‘(7) an Indian Tribe.

9 ‘‘(b) BROWNFIELD SITE CHARACTERIZATION AND

10 ASSESSMENT GRANT PROGRAM.—

11 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad12 ministrator shall establish a program to—

13 ‘‘(A) provide grants to inventory, charac14 terize, assess, and conduct planning related to

15 brownfield sites under paragraph (2); and

16 ‘‘(B) perform targeted site assessments at

17 brownfield sites.

18 ‘‘(2) ASSISTANCE FOR SITE CHARACTERIZATION

19 AND ASSESSMENT.—

20 ‘‘(A) IN GENERAL.—On approval of an ap21 plication made by an eligible entity, the Admin22 istrator may make a grant to the eligible entity

23 to be used for programs to inventory, charac24 terize, assess, and conduct planning related to

25 1 or more brownfield sites.
8

•S 2700 IS

1 ‘‘(B) SITE CHARACTERIZATION AND AS2 SESSMENT.—A site characterization and assess3 ment carried out with the use of a grant under

4 subparagraph (A) shall be performed in accord5 ance with section 101(35)(B).

6 ‘‘(c) GRANTS AND LOANS FOR BROWNFIELD REME7 DIATION.—

8 ‘‘(1) GRANTS PROVIDED BY THE PRESIDENT.—

9 Subject to subsections (d) and (e), the President

10 shall establish a program to provide grants to—

11 ‘‘(A) eligible entities, to be used for cap12 italization of revolving loan funds; and

13 ‘‘(B) eligible entities or nonprofit organiza14 tions, where warranted, as determined by the

15 President based on considerations under para16 graph (3), to be used directly for remediation of

17 1 or more brownfield sites that is owned by the

18 entity or organization that receives the grant

19 and in amounts not to exceed $200,000 for

20 each site to be remediated.

21 ‘‘(2) LOANS AND GRANTS PROVIDED BY ELIGI22 BLE ENTITIES.—An eligible entity that receives a

23 grant under paragraph (1)(A) shall use the grant

24 funds to provide assistance for the remediation of

25 brownfield sites in the form of—
9

•S 2700 IS

1 ‘‘(A) 1 or more loans to an eligible entity,

2 a site owner, a site developer, or another per3 son; or

4 ‘‘(B) 1 or more grants to an eligible entity

5 or other nonprofit organization, where war6 ranted, as determined by the eligible entity that

7 is providing the assistance, based on consider8 ations under paragraph (3), to remediate sites

9 owned by the eligible entity or nonprofit organi10 zation that receives the grant.

11 ‘‘(3) CONSIDERATIONS.—In determining wheth12 er a grant under paragraph (1)(B) or (2)(B) is war13 ranted, the President or the eligible entity, as the

14 case may be, shall take into consideration—

15 ‘‘(A) the extent to which a grant will facili16 tate the creation of, preservation of, or addition

17 to a park, a greenway, undeveloped property,

18 recreational property, or other property used

19 for nonprofit purposes;

20 ‘‘(B) the extent to which a grant will meet

21 the needs of a community that has an inability

22 to draw on other sources of funding for environ23 mental remediation and subsequent redevelop24 ment of the area in which a brownfield site is
10

•S 2700 IS

1 located because of the small population or low

2 income of the community;

3 ‘‘(C) the extent to which a grant will facili4 tate the use or reuse of existing infrastructure;

5 ‘‘(D) the benefit of promoting the long6 term availability of funds from a revolving loan

7 fund for brownfield remediation; and

8 ‘‘(E) such other factors as the Adminis9 trator considers appropriate to consider for the

10 purposes of this section.

11 ‘‘(4) COMPLIANCE WITH APPLICABLE LAWS.—

12 An eligible entity that provides assistance under

13 paragraph (2) shall include in all loan and grant

14 agreements a requirement that the loan or grant re15 cipient shall comply with all laws applicable to the

16 cleanup for which grant funds will be used and en17 sure that the cleanup protects human health and the

18 environment.

19 ‘‘(5) TRANSITION.—Revolving loan funds that

20 have been established before the date of enactment

21 of this section may be used in accordance with this

22 subsection.

23 ‘‘(d) GENERAL PROVISIONS.—

24 ‘‘(1) MAXIMUM GRANT AMOUNT.—
11

•S 2700 IS

1 ‘‘(A) BROWNFIELD SITE CHARACTERIZA2 TION AND ASSESSMENT.—

3 ‘‘(i) IN GENERAL.—A grant under

4 subsection (b)—

5 ‘‘(I) may be awarded to an eligi6 ble entity on a community-wide or

7 site-by-site basis; and

8 ‘‘(II) shall not exceed, for any in9 dividual brownfield site covered by the

10 grant, $200,000.

11 ‘‘(ii) WAIVER.—The Administrator

12 may waive the $200,000 limitation under

13 clause (i)(II) to permit the brownfield site

14 to receive a grant of not to exceed

15 $350,000, based on the anticipated level of

16 contamination, size, or status of ownership

17 of the site.

18 ‘‘(B) BROWNFIELD REMEDIATION.—

19 ‘‘(i) GRANT AMOUNT.—A grant under

20 subsection (c)(1)(A) may be awarded to an

21 eligible entity on a community-wide or site22 by-site basis, not to exceed $1,000,000 per

23 eligible entity.

24 ‘‘(ii) ADDITIONAL GRANT AMOUNT.—

25 The Administrator may make an additional
12

•S 2700 IS

1 grant to an eligible entity described in

2 clause (i) for any year after the year for

3 which the initial grant is made, taking into

4 consideration—

5 ‘‘(I) the number of sites and

6 number of communities that are ad7 dressed by the revolving loan fund;

8 ‘‘(II) the demand for funding by

9 eligible entities that have not pre10 viously received a grant under this

11 section;

12 ‘‘(III) the demonstrated ability of

13 the eligible entity to use the revolving

14 loan fund to enhance remediation and

15 provide funds on a continuing basis;

16 and

17 ‘‘(IV) any other factors that the

18 Administrator considers appropriate

19 to carry out this section.

20 ‘‘(2) PROHIBITION.—

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

22 loan under this section may be used for the

23 payment of—

24 ‘‘(i) a penalty or fine;
13

•S 2700 IS

1 ‘‘(ii) a Federal cost-share require2 ment;

3 ‘‘(iii) an administrative cost;

4 ‘‘(iv) a response cost at a brownfield

5 site for which the recipient of the grant or

6 loan is potentially liable under section 107;

7 or

8 ‘‘(v) a cost of compliance with any

9 Federal law (including a Federal law speci10 fied in section 101(39)(B)).

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

12 subparagraph (A)(iii), the term ‘administrative

13 cost’ does not include the cost of—

14 ‘‘(i) investigation and identification of

15 the extent of contamination;

16 ‘‘(ii) design and performance of a re17 sponse action; or

18 ‘‘(iii) monitoring of a natural re19 source.

20 ‘‘(3) ASSISTANCE FOR DEVELOPMENT OF

21 LOCAL GOVERNMENT SITE REMEDIATION PRO22 GRAMS.—A local government that receives a grant

23 under this section may use not to exceed 10 percent

24 of the grant funds to develop and implement a

25 brownfields program that may include—
14

•S 2700 IS

1 ‘‘(A) monitoring the health of populations

2 exposed to 1 or more hazardous substances

3 from a brownfield site; and

4 ‘‘(B) monitoring and enforcement of any

5 institutional control used to prevent human ex6 posure to any hazardous substance from a

7 brownfield site.

8 ‘‘(e) GRANT APPLICATIONS.—

9 ‘‘(1) SUBMISSION.—

10 ‘‘(A) IN GENERAL.—

11 ‘‘(i) APPLICATION.—An eligible entity

12 may submit to the Administrator, through

13 a regional office of the Environmental Pro14 tection Agency and in such form as the

15 Administrator may require, an application

16 for a grant under this section for 1 or

17 more brownfield sites (including informa18 tion on the criteria used by the Adminis19 trator to rank applications under para20 graph (3), to the extent that the informa21 tion is available).

22 ‘‘(ii) NCP REQUIREMENTS.—The Ad23 ministrator may include in any require24 ment for submission of an application

25 under clause (i) a requirement of the Na-
15

•S 2700 IS

1 tional Contingency Plan only to the extent

2 that the requirement is relevant and appro3 priate to the program under this section.

4 ‘‘(B) COORDINATION.—The Administrator

5 shall coordinate with other Federal agencies to

6 assist in making eligible entities aware of other

7 available Federal resources.

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

9 publish guidance to assist eligible entities in ap10 plying for grants under this section.

11 ‘‘(2) APPROVAL.—The Administrator shall—

12 ‘‘(A) complete an annual review of applica13 tions for grants that are received from eligible

14 entities under this section; and

15 ‘‘(B) award grants under this section to el16 igible entities that the Administrator deter17 mines have the highest rankings under the

18 ranking criteria established under paragraph

19 (3).

20 ‘‘(3) RANKING CRITERIA.—The Administrator

21 shall establish a system for ranking grant applica22 tions received under this subsection that includes the

23 following criteria:

24 ‘‘(A) The extent to which a grant will stim25 ulate the availability of other funds for environ-
16

•S 2700 IS

1 mental assessment or remediation, and subse2 quent reuse, of an area in which 1 or more

3 brownfield sites are located.

4 ‘‘(B) The potential of the proposed project

5 or the development plan for an area in which 1

6 or more brownfield sites are located to stimu7 late economic development of the area on com8 pletion of the cleanup.

9 ‘‘(C) The extent to which a grant would

10 address or facilitate the identification and re11 duction of threats to human health and the en12 vironment.

13 ‘‘(D) The extent to which a grant would

14 facilitate the use or reuse of existing infrastruc15 ture.

16 ‘‘(E) The extent to which a grant would

17 facilitate the creation of, preservation of, or ad18 dition to a park, a greenway, undeveloped prop19 erty, recreational property, or other property

20 used for nonprofit purposes.

21 ‘‘(F) The extent to which a grant would

22 meet the needs of a community that has an in23 ability to draw on other sources of funding for

24 environmental remediation and subsequent re25 development of the area in which a brownfield
17

•S 2700 IS

1 site is located because of the small population

2 or low income of the community.

3 ‘‘(G) The extent to which the applicant is

4 eligible for funding from other sources.

5 ‘‘(H) The extent to which a grant will fur6 ther the fair distribution of funding between

7 urban and nonurban areas.

8 ‘‘(I) The extent to which the grant pro9 vides for involvement of the local community in

10 the process of making decisions relating to

11 cleanup and future use of a brownfield site.

12 ‘‘(f) IMPLEMENTATION OF BROWNFIELDS PRO13 GRAMS.—

14 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad15 ministrator may provide, or fund eligible entities to

16 provide, training, research, and technical assistance

17 to individuals and organizations, as appropriate, to

18 facilitate the inventory of brownfield sites, site as19 sessments, remediation of brownfield sites, commu20 nity involvement, or site preparation.

21 ‘‘(2) FUNDING RESTRICTIONS.—The total Fed22 eral funds to be expended by the Administrator

23 under this subsection shall not exceed 15 percent of

24 the total amount appropriated to carry out this sec25 tion in any fiscal year.
18

•S 2700 IS

1 ‘‘(g) AUDITS.—

2 ‘‘(1) IN GENERAL.—The Inspector General of

3 the Environmental Protection Agency shall conduct

4 such reviews or audits of grants and loans under

5 this section as the Inspector General considers nec6 essary to carry out this section.

7 ‘‘(2) PROCEDURE.—An audit under this para8 graph shall be conducted in accordance with the au9 diting procedures of the General Accounting Office,

10 including chapter 75 of title 31, United States Code.

11 ‘‘(3) VIOLATIONS.—If the Administrator deter12 mines that a person that receives a grant or loan

13 under this section has violated or is in violation of

14 a condition of the grant, loan, or applicable Federal

15 law, the Administrator may—

16 ‘‘(A) terminate the grant or loan;

17 ‘‘(B) require the person to repay any funds

18 received; and

19 ‘‘(C) seek any other legal remedies avail20 able to the Administrator.

21 ‘‘(h) LEVERAGING.—An eligible entity that receives

22 a grant under this section may use the grant funds for

23 a portion of a project at a brownfield site for which fund24 ing is received from other sources if the grant funds are
19

•S 2700 IS

1 used only for the purposes described in subsection (b) or

2 (c).

3 ‘‘(i) AGREEMENTS.—Each grant or loan made under

4 this section shall be subject to an agreement that—

5 ‘‘(1) requires the recipient to comply with all

6 applicable Federal and State laws;

7 ‘‘(2) requires that the recipient use the grant or

8 loan exclusively for purposes specified in subsection

9 (b) or (c), as applicable;

10 ‘‘(3) in the case of an application by an eligible

11 entity under subsection (c)(1), requires the eligible

12 entity to pay a matching share (which may be in the

13 form of a contribution of labor, material, or services)

14 of at least 20 percent, from non-Federal sources of

15 funding, unless the Administrator determines that

16 the matching share would place an undue hardship

17 on the eligible entity; and

18 ‘‘(4) contains such other terms and conditions

19 as the Administrator determines to be necessary to

20 carry out this section.

21 ‘‘(j) FACILITY OTHER THAN BROWNFIELD SITE.—

22 The fact that a facility may not be a brownfield site within

23 the meaning of section 101(39)(A) has no effect on the

24 eligibility of the facility for assistance under any other pro25 vision of Federal law.
20

•S 2700 IS

1 ‘‘(k) FUNDING.—There is authorized to be appro2 priated to carry out this section $150,000,000 for each

3 of fiscal years 2001 through 2005.’’.

4 TITLE II—BROWNFIELDS

5 LIABILITY CLARIFICATIONS

6 SEC. 201. CONTIGUOUS PROPERTIES.

7 Section 107 of the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 (42

9 U.S.C. 9607) is amended by adding at the end the fol10 lowing:

11 ‘‘(o) CONTIGUOUS PROPERTIES.—

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

13 OPERATOR.—

14 ‘‘(A) IN GENERAL.—A person that owns

15 real property that is contiguous to or otherwise

16 similarly situated with respect to, and that is or

17 may be contaminated by a release or threatened

18 release of a hazardous substance from, real

19 property that is not owned by that person shall

20 not be considered to be an owner or operator of

21 a vessel or facility under paragraph (1) or (2)

22 of subsection (a) solely by reason of the con23 tamination if—
21

•S 2700 IS

1 ‘‘(i) the person did not cause, con2 tribute, or consent to the release or threat3 ened release;

4 ‘‘(ii) the person is not—

5 ‘‘(I) potentially liable, or affili6 ated with any other person that is po7 tentially liable, for response costs at a

8 facility through any direct or indirect

9 familial relationship or any contrac10 tual, corporate, or financial relation11 ship (other than a contractual, cor12 porate, or financial relationship that

13 is created by a contract for the sale of

14 goods or services); or

15 ‘‘(II) the result of a reorganiza16 tion of a business entity that was po17 tentially liable;

18 ‘‘(iii) the person takes reasonable

19 steps to—

20 ‘‘(I) stop any continuing release;

21 ‘‘(II) prevent any threatened fu22 ture release; and

23 ‘‘(III) prevent or limit human,

24 environmental, or natural resource ex25 posure to any hazardous substance re-
22

•S 2700 IS

1 leased on or from property owned by

2 that person;

3 ‘‘(iv) the person provides full coopera4 tion, assistance, and access to persons that

5 are authorized to conduct response actions

6 or natural resource restoration at the ves7 sel or facility from which there has been a

8 release or threatened release (including the

9 cooperation and access necessary for the

10 installation, integrity, operation, and main11 tenance of any complete or partial re12 sponse action at the vessel or facility);

13 ‘‘(v) the person—

14 ‘‘(I) is in compliance with any

15 land use restrictions established or re16 lied on in connection with the re17 sponse action at a facility; and

18 ‘‘(II) does not impede the effec19 tiveness or integrity of any institu20 tional control employed in connection

21 with a response action;

22 ‘‘(vi) the person is in compliance with

23 any request for information or administra24 tive subpoena issued by the President

25 under this Act;
23

•S 2700 IS

1 ‘‘(vii) the person provides all legally

2 required notices with respect to the dis3 covery or release of any hazardous sub4 stances at the facility; and

5 ‘‘(viii) at the time at which the person

6 acquired the property, the person—

7 ‘‘(I) conducted all appropriate in8 quiry within the meaning of section

9 101(35)(B) with respect to the prop10 erty; and

11 ‘‘(II) did not know or have rea12 son to know that the property was or

13 could be contaminated by a release or

14 threatened release of 1 or more haz15 ardous substances from other real

16 property not owned or operated by the

17 person.

18 ‘‘(B) DEMONSTRATION.—To qualify as a

19 person described in subparagraph (A), a person

20 must establish by a preponderance of the evi21 dence that the conditions in clauses (i) through

22 (viii) of subparagraph (A) have been met.

23 ‘‘(C) BONA FIDE PROSPECTIVE PUR24 CHASER.—Any person that does not qualify as

25 a person described in this paragraph because
24

•S 2700 IS

1 the person had knowledge specified in subpara2 graph (A)(viii) at the time of acquisition of the

3 real property may qualify as a bona fide pro4 spective purchaser under section 101(40) if the

5 person is otherwise described in that section.

6 ‘‘(D) GROUND WATER.—If a hazardous

7 substance from 1 or more sources that are not

8 on the property of a person enters ground water

9 beneath the property of the person solely as a

10 result of subsurface migration in an aquifer,

11 subparagraph (A)(iii) shall not require the per12 son to conduct ground water investigations or

13 to install ground water remediation systems, ex14 cept in accordance with the policy of the Envi15 ronmental Protection Agency concerning owners

16 of property containing contaminated aquifers,

17 dated May 24, 1995.

18 ‘‘(2) EFFECT OF LAW.—With respect to a per19 son described in this subsection, nothing in this

20 subsection—

21 ‘‘(A) limits any defense to liability that

22 may be available to the person under any other

23 provision of law; or

24 ‘‘(B) imposes liability on the person that is

25 not otherwise imposed by subsection (a).
25

•S 2700 IS

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

2 ‘‘(A) issue an assurance that no enforce3 ment action under this Act will be initiated

4 against a person described in paragraph (1);

5 and

6 ‘‘(B) grant a person described in para7 graph (1) protection against a cost recovery or

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

9 SEC. 202. PROSPECTIVE PURCHASERS AND WINDFALL

10 LIENS.

11 (a) DEFINITION OF BONA FIDE PROSPECTIVE PUR12 CHASER.—Section 101 of the Comprehensive Environ13 mental Response, Compensation, and Liability Act of

14 1980 (42 U.S.C. 9601) (as amended by section 101(a))

15 is amended by adding at the end the following:

16 ‘‘(40) BONA FIDE PROSPECTIVE PURCHASER.—

17 The term ‘bona fide prospective purchaser’ means a

18 person (or a tenant of a person) that acquires own19 ership of a facility after the date of enactment of

20 this paragraph and that establishes each of the fol21 lowing by a preponderance of the evidence:

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

23 All disposal of hazardous substances at the fa24 cility occurred before the person acquired the

25 facility.
26

•S 2700 IS

1 ‘‘(B) INQUIRIES.—

2 ‘‘(i) IN GENERAL.—The person made

3 all appropriate inquiries into the previous

4 ownership and uses of the facility in ac5 cordance with generally accepted good

6 commercial and customary standards and

7 practices in accordance with clauses (ii)

8 and (iii).

9 ‘‘(ii) STANDARDS AND PRACTICES.—

10 The standards and practices referred to in

11 clauses (ii) and (iv) of paragraph (35)(B)

12 shall be considered to satisfy the require13 ments of this subparagraph.

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

15 of property in residential or other similar

16 use at the time of purchase by a non17 governmental or noncommercial entity, a

18 facility inspection and title search that re19 veal no basis for further investigation shall

20 be considered to satisfy the requirements

21 of this subparagraph.

22 ‘‘(C) NOTICES.—The person provides all

23 legally required notices with respect to the dis24 covery or release of any hazardous substances

25 at the facility.
27

•S 2700 IS

1 ‘‘(D) CARE.—The person exercises appro2 priate care with respect to hazardous sub3 stances found at the facility by taking reason4 able steps to—

5 ‘‘(i) stop any continuing release;

6 ‘‘(ii) prevent any threatened future re7 lease; and

8 ‘‘(iii) prevent or limit human, environ9 mental, or natural resource exposure to

10 any previously released hazardous sub11 stance.

12 ‘‘(E) COOPERATION, ASSISTANCE, AND AC13 CESS.—The person provides full cooperation,

14 assistance, and access to persons that are au15 thorized to conduct response actions at a vessel

16 or facility (including the cooperation and access

17 necessary for the installation, integrity, oper18 ation, and maintenance of any complete or par19 tial response actions at the vessel or facility).

20 ‘‘(F) INSTITUTIONAL CONTROL.—The

21 person—

22 ‘‘(i) is in compliance with any land

23 use restrictions established or relied on in

24 connection with the response action at a

25 vessel or facility; and
28

•S 2700 IS

1 ‘‘(ii) does not impede the effectiveness

2 or integrity of any institutional control em3 ployed at the vessel or facility in connec4 tion with a response action.

5 ‘‘(G) REQUESTS; SUBPOENAS.—The person

6 complies with any request for information or

7 administrative subpoena issued by the President

8 under this Act.

9 ‘‘(H) NO AFFILIATION.—The person is

10 not—

11 ‘‘(i) potentially liable, or affiliated

12 with any other person that is potentially

13 liable, for response costs at a facility

14 through—

15 ‘‘(I) any direct or indirect famil16 ial relationship; or

17 ‘‘(II) any contractual, corporate,

18 or financial relationship (other than a

19 contractual, corporate, or financial re20 lationship that is created by the in21 struments by which title to the facility

22 is conveyed or financed or by a con23 tract for the sale of goods or services);

24 or
29

•S 2700 IS

1 ‘‘(ii) the result of a reorganization of

2 a business entity that was potentially lia3 ble.’’.

4 (b) PROSPECTIVE PURCHASER AND WINDFALL

5 LIEN.—Section 107 of the Comprehensive Environmental

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

7 U.S.C. 9607) (as amended by section 201) is amended by

8 adding at the end the following:

9 ‘‘(p) PROSPECTIVE PURCHASER AND WINDFALL

10 LIEN.—

11 ‘‘(1) LIMITATION ON LIABILITY.—Notwith12 standing subsection (a)(1), a bona fide prospective

13 purchaser whose potential liability for a release or

14 threatened release is based solely on the purchaser’s

15 being considered to be an owner or operator of a fa16 cility shall not be liable as long as the bona fide pro17 spective purchaser does not impede the performance

18 of a response action or natural resource restoration.

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

20 costs incurred by the United States at a facility for

21 which an owner of the facility is not liable by reason

22 of paragraph (1), and if each of the conditions de23 scribed in paragraph (3) is met, the United States

24 shall have a lien on the facility, or may by agree25 ment with the party obtain from an appropriate
30

•S 2700 IS

1 party a lien on any other property or other assur2 ance of payment satisfactory to the Administrator,

3 for the unrecovered response costs.

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

5 in paragraph (2) are the following:

6 ‘‘(A) RESPONSE ACTION.—A response ac7 tion for which there are unrecovered costs of

8 the United States is carried out at the facility.

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

10 action increases the fair market value of the fa11 cility above the fair market value of the facility

12 that existed before the response action was ini13 tiated.

14 ‘‘(4) AMOUNT; DURATION.—A lien under para15 graph (2)—

16 ‘‘(A) shall be in an amount not to exceed

17 the increase in fair market value of the prop18 erty attributable to the response action at the

19 time of a sale or other disposition of the prop20 erty;

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

22 are first incurred by the United States with re23 spect to a response action at the facility;

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

25 of subsection (l)(3); and
31

•S 2700 IS

1 ‘‘(D) shall continue until the earlier of—

2 ‘‘(i) satisfaction of the lien by sale or

3 other means; or

4 ‘‘(ii) notwithstanding any statute of

5 limitations under section 113, recovery of

6 all response costs incurred at the facility.’’.

7 SEC. 203. INNOCENT LANDOWNERS.

8 Section 101(35) of the Comprehensive Environmental

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

10 U.S.C. 9601(35)) is amended—

11 (1) in subparagraph (A)—

12 (A) in the first sentence, in the matter pre13 ceding clause (i), by striking ‘‘deeds or’’ and in14 serting ‘‘deeds, easements, leases, or’’; and

15 (B) in the second sentence—

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

17 defendant’’; and

18 (ii) by striking the period at the end

19 and inserting ‘‘, provides full cooperation,

20 assistance, and facility access to the per21 sons that are authorized to conduct re22 sponse actions at the facility (including the

23 cooperation and access necessary for the

24 installation, integrity, operation, and main25 tenance of any complete or partial re-
32

•S 2700 IS

1 sponse action at the facility), and is in

2 compliance with any land use restrictions

3 established or relied on in connection with

4 the response action at a facility, and does

5 not impede the effectiveness or integrity of

6 any institutional control employed at the

7 facility in connection with a response ac8 tion.’’; and

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

10 the following:

11 ‘‘(B) REASON TO KNOW.—

12 ‘‘(i) ALL APPROPRIATE INQUIRIES.—

13 To establish that the defendant had no

14 reason to know of the matter described in

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

16 demonstrate to a court that—

17 ‘‘(I) on or before the date on

18 which the defendant acquired the fa19 cility, the defendant carried out all

20 appropriate inquiries, as provided in

21 clauses (ii) and (iv), into the previous

22 ownership and uses of the facility in

23 accordance with generally accepted

24 good commercial and customary

25 standards and practices; and
33

•S 2700 IS

1 ‘‘(II) the defendant took reason2 able steps to—

3 ‘‘(aa) stop any continuing

4 release;

5 ‘‘(bb) prevent any threat6 ened future release; and

7 ‘‘(cc) prevent or limit any

8 human, environmental, or natural

9 resource exposure to any pre10 viously released hazardous sub11 stance.

12 ‘‘(ii) STANDARDS AND PRACTICES.—

13 Not later than 2 years after the date of en14 actment of the Brownfields Revitalization

15 and Environmental Restoration Act of

16 2000, the Administrator shall by regula17 tion establish standards and practices for

18 the purpose of satisfying the requirement

19 to carry out all appropriate inquiries under

20 clause (i).

21 ‘‘(iii) CRITERIA.—In promulgating

22 regulations that establish the standards

23 and practices referred to in clause (ii), the

24 Administrator shall include each of the fol25 lowing:
34

•S 2700 IS

1 ‘‘(I) The results of an inquiry by

2 an environmental professional.

3 ‘‘(II) Interviews with past and

4 present owners, operators, and occu5 pants of the facility for the purpose of

6 gathering information regarding the

7 potential for contamination at the fa8 cility.

9 ‘‘(III) Reviews of historical

10 sources, such as chain of title docu11 ments, aerial photographs, building

12 department records, and land use

13 records, to determine previous uses

14 and occupancies of the real property

15 since the property was first developed.

16 ‘‘(IV) Searches for recorded envi17 ronmental cleanup liens against the

18 facility that are filed under Federal,

19 State, or local law.

20 ‘‘(V) Reviews of Federal, State,

21 and local government records, waste

22 disposal records, underground storage

23 tank records, and hazardous waste

24 handling, generation, treatment, dis-
35

•S 2700 IS

1 posal, and spill records, concerning

2 contamination at or near the facility.

3 ‘‘(VI) Visual inspections of the

4 facility and of adjoining properties.

5 ‘‘(VII) Specialized knowledge or

6 experience on the part of the defend7 ant.

8 ‘‘(VIII) The relationship of the

9 purchase price to the value of the

10 property, if the property was not con11 taminated.

12 ‘‘(IX) Commonly known or rea13 sonably ascertainable information

14 about the property.

15 ‘‘(X) The degree of obviousness

16 of the presence or likely presence of

17 contamination at the property, and

18 the ability to detect the contamination

19 by appropriate investigation.

20 ‘‘(iv) INTERIM STANDARDS AND PRAC21 TICES.—

22 ‘‘(I) PROPERTY PURCHASED BE23 FORE MAY 31, 1997.—With respect to

24 property purchased before May 31,

25 1997, in making a determination with
36

•S 2700 IS

1 respect to a defendant described of

2 clause (i), a court shall take into

3 account—

4 ‘‘(aa) any specialized knowl5 edge or experience on the part of

6 the defendant;

7 ‘‘(bb) the relationship of the

8 purchase price to the value of the

9 property, if the property was not

10 contaminated;

11 ‘‘(cc) commonly known or

12 reasonably ascertainable informa13 tion about the property;

14 ‘‘(dd) the obviousness of the

15 presence or likely presence of

16 contamination at the property;

17 and

18 ‘‘(ee) the ability of the de19 fendant to detect the contamina20 tion by appropriate inspection.

21 ‘‘(II) PROPERTY PURCHASED ON

22 OR AFTER MAY 31, 1997.—With re23 spect to property purchased on or

24 after May 31, 1997, and until the Ad25 ministrator promulgates the regula-
37

•S 2700 IS

1 tions described in clause (ii), the pro2 cedures of the American Society for

3 Testing and Materials, including the

4 document known as ‘Standard

5 E1527–97’, entitled ‘Standard Prac6 tice for Environmental Site Assess7 ment: Phase 1 Environmental Site

8 Assessment Process’, shall satisfy the

9 requirements in clause (i).

10 ‘‘(v) 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 TITLE III—STATE RESPONSE

19 PROGRAMS

20 SEC. 301. STATE RESPONSE PROGRAMS.

21 (a) DEFINITIONS.—Section 101 of the Comprehen22 sive Environmental Response, Compensation, and Liabil23 ity Act of 1980 (42 U.S.C. 9601) (as amended by section

24 202) is amended by adding at the end the following:

25 ‘‘(41) ELIGIBLE RESPONSE SITE.—
38

•S 2700 IS

1 ‘‘(A) IN GENERAL.—The term ‘eligible re2 sponse site’ means a site that meets the defini3 tion of a brownfield site in subparagraphs (A)

4 and (B) of paragraph (39), as modified by sub5 paragraphs (B) and (C) of this paragraph.

6 ‘‘(B) INCLUSIONS.—The term ‘eligible re7 sponse site’ includes—

8 ‘‘(i) notwithstanding paragraph

9 (39)(B)(ix), a portion of a facility, for

10 which portion assistance for response activ11 ity has been obtained under subtitle I of

12 the Solid Waste Disposal Act (42 U.S.C.

13 6991 et seq.) from the Leaking Under14 ground Storage Tank Trust Fund estab15 lished under section 9508 of the Internal

16 Revenue Code of 1986; or

17 ‘‘(ii) a site for which, notwithstanding

18 the exclusions provided in subparagraph

19 (C) or paragraph (39)(B), the President

20 determines, on a site-by-site basis and

21 after consultation with the State, that limi22 tations on enforcement under section 129

23 at sites specified in clause (iv), (v), (vi) or

24 (viii) of paragraph (39)(B) would be ap25 propriate and will—
39

•S 2700 IS

1 ‘‘(I) protect human health and

2 the environment; and

3 ‘‘(II) promote economic develop4 ment or facilitate the creation of,

5 preservation of, or addition to a park,

6 a greenway, undeveloped property,

7 recreational property, or other prop8 erty used for nonprofit purposes.

9 ‘‘(C) EXCLUSIONS.—The term ‘eligible re10 sponse site’ does not include—

11 ‘‘(i) a facility for which the

12 President—

13 ‘‘(I) conducts or has conducted a

14 remedial site investigation; and

15 ‘‘(II) after consultation with the

16 State, determines or has determined

17 that the site qualifies for listing on

18 the National Priorities List;

19 unless the President has made a deter20 mination that no further Federal action

21 will be taken; or

22 ‘‘(ii) facilities that the President de23 termines warrant particular consideration

24 as identified by regulation, such as sites
40

•S 2700 IS

1 posing a threat to a sole-source drinking

2 water aquifer or a sensitive ecosystem.’’.

3 (b) STATE RESPONSE PROGRAMS.—Title I of the

4 Comprehensive Environmental Response, Compensation,

5 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (as

6 amended by section 101(b)) is amended by adding at the

7 end the following:

8 ‘‘SEC. 129. STATE RESPONSE PROGRAMS.

9 ‘‘(a) ASSISTANCE TO STATES.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) STATES.—The Administrator may

12 award a grant to a State or Indian tribe that—

13 ‘‘(i) has a response program that in14 cludes each of the elements, or is taking

15 reasonable steps to include each of the ele16 ments, listed in paragraph (2); or

17 ‘‘(ii) is a party to a memorandum of

18 agreement with the Administrator for vol19 untary response programs.

20 ‘‘(B) USE OF GRANTS BY STATES.—

21 ‘‘(i) IN GENERAL.—A State or Indian

22 tribe may use a grant under this sub23 section to establish or enhance the re24 sponse program of the State or Indian

25 tribe.
41

•S 2700 IS

1 ‘‘(ii) ADDITIONAL USES.—In addition

2 to the uses under clause (i), a State or In3 dian tribe may use a grant under this sub4 section to—

5 ‘‘(I) capitalize a revolving loan

6 fund for brownfield remediation under

7 section 128(c); or

8 ‘‘(II) develop a risk sharing pool,

9 an indemnity pool, or insurance mech10 anism to provide financing for re11 sponse actions under a State response

12 program.

13 ‘‘(2) ELEMENTS.—The elements of a State or

14 Indian tribe response program referred to in para15 graph (1)(A)(i) are the following:

16 ‘‘(A) Timely survey and inventory of

17 brownfield sites in the State.

18 ‘‘(B) Oversight and enforcement authori19 ties or other mechanisms, and resources, that

20 are adequate to ensure that—

21 ‘‘(i) a response action will—

22 ‘‘(I) protect human health and

23 the environment; and
42

•S 2700 IS

1 ‘‘(II) be conducted in accordance

2 with applicable Federal and State law;

3 and

4 ‘‘(ii) if the person conducting the re5 sponse action fails to complete the nec6 essary response activities, including oper7 ation and maintenance or long-term moni8 toring activities, the necessary response ac9 tivities are completed.

10 ‘‘(C) Mechanisms and resources to provide

11 meaningful opportunities for public participa12 tion, including—

13 ‘‘(i) public access to documents that

14 the State, Indian tribe, or party con15 ducting the cleanup is relying on or devel16 oping in making cleanup decisions or con17 ducting site activities; and

18 ‘‘(ii) prior notice and opportunity for

19 comment on proposed cleanup plans and

20 site activities.

21 ‘‘(D) Mechanisms for approval of a clean22 up plan, and a requirement for verification by

23 and certification or similar documentation from

24 the State, an Indian tribe, or a licensed site

25 professional to the person conducting a re-
43

•S 2700 IS

1 sponse action indicating that the response is

2 complete.

3 ‘‘(3) FUNDING.—There is authorized to be ap4 propriated to carry out this subsection $50,000,000

5 for each of fiscal years 2001 through 2005.

6 ‘‘(b) ENFORCEMENT IN CASES OF A RELEASE SUB7 JECT TO STATE PROGRAM.—

8 ‘‘(1) ENFORCEMENT.—

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

10 subparagraph (B) and subject to subparagraph

11 (C), in the case of an eligible response site at

12 which—

13 ‘‘(i) there is a release or threatened

14 release of a hazardous substance, pollut15 ant, or contaminant; and

16 ‘‘(ii) a person is conducting or has

17 completed a response action regarding the

18 specific release that is addressed by the re19 sponse action that is in compliance with

20 the State program that specifically governs

21 response actions for the protection of pub22 lic health and the environment;

23 the President may not use authority under this

24 Act to take an administrative or judicial en25 forcement action under section 106(a) or to
44

•S 2700 IS

1 take a judicial enforcement action to recover re2 sponse costs under section 107(a) against the

3 person regarding the specific release that is ad4 dressed by the response action.

5 ‘‘(B) EXCEPTIONS.—The President may

6 bring an enforcement action under this Act dur7 ing or after completion of a response action de8 scribed in subparagraph (A) with respect to a

9 release or threatened release at an eligible re10 sponse site described in that subparagraph if—

11 ‘‘(i) the State requests that the Presi12 dent provide assistance in the performance

13 of a response action;

14 ‘‘(ii) the Administrator determines

15 that contamination has migrated or will

16 migrate across a State line, resulting in

17 the need for further response action to

18 protect human health or the environment,

19 or the President determines that contami20 nation has migrated or is likely to migrate

21 onto property subject to the jurisdiction,

22 custody, or control of a department, agen23 cy, or instrumentality of the United States

24 and may impact the authorized purposes of

25 the Federal property;
45

•S 2700 IS

1 ‘‘(iii) after taking into consideration

2 the response activities already taken, the

3 Administrator determines that—

4 ‘‘(I) a release or threatened re5 lease may present an imminent and

6 substantial endangerment to public

7 health or welfare or the environment;

8 and

9 ‘‘(II) additional response actions

10 are likely to be necessary to address,

11 prevent, limit, or mitigate the release

12 or threatened release; or

13 ‘‘(iv) the Administrator determines

14 that information, that on the earlier of the

15 date on which cleanup was approved or

16 completed, was not known by the State, as

17 recorded in documents prepared or relied

18 on in selecting or conducting the cleanup,

19 has been discovered regarding the contami20 nation or conditions at a facility such that

21 the contamination or conditions at the fa22 cility present a threat requiring further re23 mediation to protect public health or wel24 fare or the environment.
46

•S 2700 IS

1 ‘‘(C) PUBLIC RECORD.—The limitations on

2 the authority of the President under subpara3 graph (A) apply only at sites in States that

4 maintain, update not less than annually, and

5 make available to the public a record of sites,

6 by name and location, at which response actions

7 have been completed in the previous year and

8 are planned to be addressed under the State

9 program that specifically governs response ac10 tions for the protection of public health and the

11 environment in the upcoming year. The public

12 record shall identify whether or not the site, on

13 completion of the response action, will be suit14 able for unrestricted use and, if not, shall iden15 tify the institutional controls relied on in the

16 remedy. Each State and tribe receiving finan17 cial assistance under subsection (a) shall main18 tain and make available to the public a record

19 of sites as provided in this paragraph.

20 ‘‘(D) EPA NOTIFICATION.—

21 ‘‘(i) IN GENERAL.—In the case of an

22 eligible response site at which there is a re23 lease or threatened release of a hazardous

24 substance, pollutant, or contaminant and

25 for which the Administrator intends to
47

•S 2700 IS

1 carry out an action that may be barred

2 under subparagraph (A), the Adminis3 trator shall—

4 ‘‘(I) notify the State of the action

5 the Administrator intends to take;

6 and

7 ‘‘(II)(aa) wait 48 hours for a

8 reply from the State under clause (ii);

9 or

10 ‘‘(bb) if the State fails to reply to

11 the notification or if the Adminis12 trator makes a determination under

13 clause (iii), take immediate action

14 under that clause.

15 ‘‘(ii) STATE REPLY.—Not later than

16 48 hours after a State receives notice from

17 the Administrator under clause (i), the

18 State shall notify the Administrator if—

19 ‘‘(I) the release at the eligible re20 sponse site is or has been subject to

21 a cleanup conducted under a State

22 program; and

23 ‘‘(II) the State is planning to

24 abate the release or threatened re25 lease, any actions that are planned.
48

•S 2700 IS

1 ‘‘(iii) IMMEDIATE FEDERAL ACTION.—

2 The Administrator may take action imme3 diately after giving notification under

4 clause (i) without waiting for a State reply

5 under clause (ii) if the Administrator de6 termines that 1 or more exceptions under

7 subparagraph (B) are met.

8 ‘‘(E) REPORT TO CONGRESS.—Not later

9 than 90 days after the date of initiation of any

10 enforcement action by the President under

11 clause (ii), (iii), or (iv) of subparagraph (B),

12 the President shall submit to Congress a report

13 describing the basis for the enforcement action,

14 including specific references to the facts dem15 onstrating that enforcement action is permitted

16 under subparagraph (B).

17 ‘‘(2) SAVINGS PROVISION.—

18 ‘‘(A) COSTS INCURRED PRIOR TO LIMITA19 TIONS.—Nothing in paragraph (1) precludes

20 the President from seeking to recover costs in21 curred prior to the date of enactment of this

22 section or during a period in which the limita23 tions of paragraph (1)(A) were not applicable.

24 ‘‘(B) EFFECT ON AGREEMENTS BETWEEN

25 STATES AND EPA.—Nothing in paragraph (1)—
49

•S 2700 IS

1 ‘‘(i) modifies or otherwise affects a

2 memorandum of agreement, memorandum

3 of understanding, or any similar agreement

4 relating to this Act between a State agency

5 or an Indian tribe and the Administrator

6 that is in effect on or before the date of

7 enactment of this section (which agreement

8 shall remain in effect, subject to the terms

9 of the agreement); or

10 ‘‘(ii) limits the discretionary authority

11 of the President to enter into or modify an

12 agreement with a State, an Indian tribe, or

13 any other person relating to the implemen14 tation by the President of statutory au15 thorities.

16 ‘‘(3) EFFECTIVE DATE.—This subsection ap17 plies only to response actions conducted after June

18 8, 2000.

19 ‘‘(c) EFFECT ON FEDERAL LAWS.—Nothing in this

20 section affects any liability or response authority under

21 any Federal law, including—

22 ‘‘(1) this Act, except as provided in subsection

23 (b);

24 ‘‘(2) the Solid Waste Disposal Act (42 U.S.C.

25 6901 et seq.);
50

•S 2700 IS

1 ‘‘(3) the Federal Water Pollution Control Act

2 (33 U.S.C. 1251 et seq.);

3 ‘‘(4) the Toxic Substances Control Act (15

4 U.S.C. 2601 et seq.); and

5 ‘‘(5) the Safe Drinking Water Act (42 U.S.C.

6 300f et seq.).’’.

7 SEC. 302. ADDITIONS TO NATIONAL PRIORITIES LIST.

8 Section 105 of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42

10 U.S.C. 9605) is amended by adding at the end the fol11 lowing:

12 ‘‘(h) NPL DEFERRAL.—

13 ‘‘(1) DEFERRAL TO STATE VOLUNTARY CLEAN14 UPS.—At the request of a State and subject to para15 graphs (2) and (3), the President generally shall

16 defer final listing of an eligible response site on the

17 National Priorities List if the President determines

18 that—

19 ‘‘(A) the State, or another party under an

20 agreement with or order from the State, is con21 ducting a response action at the eligible re22 sponse site—

23 ‘‘(i) in compliance with a State pro24 gram that specifically governs response ac-
51

•S 2700 IS

1 tions for the protection of public health

2 and the environment; and

3 ‘‘(ii) that will provide long-term pro4 tection of human health and the environ5 ment; or

6 ‘‘(B) the State is actively pursuing an

7 agreement to perform a response action de8 scribed in subparagraph (A) at the site with a

9 person that the State has reason to believe is

10 capable of conducting a response action that

11 meets the requirements of subparagraph (A).

12 ‘‘(2) PROGRESS TOWARD CLEANUP.—If, after

13 the last day of the 1-year period beginning on the

14 date on which the President proposes to list an eligi15 ble response site on the National Priorities List, the

16 President determines that the State or other party

17 is not making reasonable progress toward com18 pleting a response action at the eligible response

19 site, the President may list the eligible response site

20 on the National Priorities List.

21 ‘‘(3) CLEANUP AGREEMENTS.—With respect to

22 an eligible response site under paragraph (1)(B), if,

23 after the last day of the 1-year period beginning on

24 the date on which the President proposes to list the

25 eligible response site on the National Priorities List,
52

•S 2700 IS

1 an agreement described in paragraph (1)(B) has not

2 been reached, the President may defer the listing of

3 the eligible response site on the National Priorities

4 List for an additional period of not to exceed 180

5 days if the President determines deferring the listing

6 would be appropriate based on—

7 ‘‘(A) the complexity of the site;

8 ‘‘(B) substantial progress made in negotia9 tions; and

10 ‘‘(C) other appropriate factors, as deter11 mined by the President.

12 ‘‘(4) EXCEPTIONS.—The President may decline

13 to defer, or elect to discontinue a deferral of, a list14 ing of an eligible response site on the National Pri15 orities List if the President determines that—

16 ‘‘(A) deferral would not be appropriate be17 cause the State, as an owner or operator or a

18 significant contributor of hazardous substances

19 to the facility, is a potentially responsible party;

20 ‘‘(B) the criteria under the National Con21 tingency Plan for issuance of a health advisory

22 have been met; or
53

•S 2700 IS

1 ‘‘(C) the conditions in paragraphs (1)

2 through (3), as applicable, are no longer being

3 met.’’.

Æ