II

105TH CONGRESS

1ST SESSION S. 1497

To release contributors of ordinary trash and minor amounts of hazardous

substances from litigation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 9, 1997

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To release contributors of ordinary trash and minor amounts

of hazardous substances from litigation under the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, 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 ‘‘Equity and Public Involvement in Superfund Act of

6 1997’’.

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

8 this Act is as follows:
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Sec. 1. Short title; table of contents.

TITLE I—ENHANCED COMMUNITY PARTICIPATION

Sec. 101. Definitions.

Sec. 102. Public participation generally.

Sec. 103. Improvement of public participation in the superfund decisionmaking

process; local community advisory groups; technical assistance

grants.

Sec. 104. Waste Site Information Offices.

Sec. 105. Technical outreach services for communities.

Sec. 106. Recruitment and training program.

Sec. 107. Priority site evaluation.

Sec. 108. Understandable presentation of materials.

Sec. 109. No impediment to response actions.

TITLE II—LIABILITY

Sec. 201. Liability exemptions and limitations.

Sec. 202. Expedited final settlement.

1 TITLE I—ENHANCED

2 COMMUNITY PARTICIPATION

3 SEC. 101. DEFINITIONS.

4 (a) IN GENERAL.—Section 117 of the Comprehensive

5 Environmental Response, Compensation, and Liability Act

6 of 1980 (42 U.S.C. 9617) is amended—

7 (1) by redesignating subsections (a) through (e)

8 as subsections (b) through (f), respectively; and

9 (2) by inserting after the section heading the

10 following:

11 ‘‘(a) DEFINITIONS.—In this section:

12 ‘‘(1) AFFECTED COMMUNITY.—The term ‘af13 fected community’ means a group of 2 or more indi14 viduals who may be affected by the release or threat15 ened release of a hazardous substance, pollutant, or

16 contaminant from a covered facility.
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1 ‘‘(2) COVERED FACILITY.—The term ‘covered

2 facility’ means a facility—

3 ‘‘(A) that has been listed or proposed for

4 listing on the National Priorities List;

5 ‘‘(B) at which the President is undertaking

6 a removal action that is expected to exceed—

7 ‘‘(i) in duration, 1 year; or

8 ‘‘(ii) in cost, the funding limit estab9 lished under section 104(c)(1); or

10 ‘‘(C) with respect to which the Adminis11 trator of ATSDR has accepted a petition re12 questing a health assessment under section

13 104(i)(6)(B), and that is under investigation by

14 the Administrator of the Environmental Protec15 tion Agency under subsection (a) or (b) of sec16 tion 104.

17 ‘‘(3) WASTE SITE INFORMATION OFFICE.—The

18 term ‘waste site information office’ means a waste

19 site information office established under subsection

20 (j).’’.

21 (b) CONFORMING AMENDMENTS.—

22 (A) Title I of the Comprehensive Environ23 mental Response, Compensation, and Liability

24 Act of 1980 is amended—
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1 (i) in section 111(a)(5) (42 U.S.C.

2 9611), by striking ‘‘117(e)’’ and inserting

3 ‘‘117(f)’’;

4 (ii) in section 113(k)(2)(B) (42

5 U.S.C. 9613)—

6 (I) in clause (iii), by striking

7 ‘‘117(a)(2)’’ and inserting

8 ‘‘117(b)(2)’’; and

9 (II) in the third sentence, by

10 striking ‘‘117(d)’’ and inserting

11 ‘‘117(e)’’.

12 (B) Section 2705(e) of title 10, United

13 States Code, is amended—

14 (i) by striking ‘‘117(e)’’ and inserting

15 ‘‘117(f)’’; and

16 (ii) by striking ‘‘(42 U.S.C. 9617(e))’’

17 and inserting ‘‘(42 U.S.C. 9617(f))’’.

18 SEC. 102. PUBLIC PARTICIPATION GENERALLY.

19 Section 117 of the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 1980 (42

21 U.S.C. 9617) (as amended by section 101(b)) is amend22 ed—

23 (1) in subsection (b)(2), by inserting ‘‘, ade24 quate notice,’’ after ‘‘oral comments’’;
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1 (2) in the first sentence of subsection (e), by

2 striking ‘‘major’’; and

3 (3) by striking subsection (f) and inserting the

4 following:

5 ‘‘(f) AVAILABILITY OF RECORDS.—

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), throughout all phases of a response ac8 tion at a facility and without the need to file a re9 quest under section 552 of title 5, United States

10 Code, the President shall make available to the af11 fected community (including the recipient of a tech12 nical assistance grant (if a grant has been awarded

13 under subsection (i)) or a community advisory group

14 (if a community advisory group has been estab15 lished)), for inspection and, subject to reasonable

16 fees, for copying, all records in the administrative

17 record established by the President under section

18 113(k).

19 ‘‘(2) EXEMPT RECORDS.—Paragraph (1) shall

20 not apply to—

21 ‘‘(A) a record that is exempt from disclo22 sure under section 552 of title 5, United States

23 Code;

24 ‘‘(B) a record that would be subject to the

25 prohibition on disclosure under section
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1 104(e)(7) if the record were obtained under sec2 tion 104; or

3 ‘‘(C) a record that is exchanged between

4 parties to a dispute under this Act for the pur5 pose of settling the dispute.’’.

6 SEC. 103. IMPROVEMENT OF PUBLIC PARTICIPATION IN

7 THE SUPERFUND DECISIONMAKING PROC8 ESS; LOCAL COMMUNITY ADVISORY GROUPS;

9 TECHNICAL ASSISTANCE GRANTS.

10 Section 117 of the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of 1980 (42

12 U.S.C. 9617) (as amended by section 101(b)(1)) is

13 amended by adding at the end the following:

14 ‘‘(g) IMPROVEMENT OF PUBLIC PARTICIPATION IN

15 DECISIONMAKING PROCESS.—

16 ‘‘(1) VIEWS AND PREFERENCES.—

17 ‘‘(A) SOLICITATION.—To the extent prac18 ticable, in addition to the solicitation of public

19 comments on a proposed remedial action plan

20 under subsection (b)(2), the President, during

21 the response action process (including a re22 sponse under subsection (h)(4)(A)), shall—

23 ‘‘(i) disseminate information to the

24 local community, in particular, information

25 concerning the effects of the facility on
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1 human health, including the effects on chil2 dren and other highly susceptible or highly

3 exposed populations;

4 ‘‘(ii) solicit information from the local

5 community;

6 ‘‘(iii) consider the views of the local

7 community; and

8 ‘‘(iv) include, in any administrative

9 record established under section 113(k),

10 the views of the local community and the

11 response of the Administrator to any sig12 nificant comments, criticisms, or new data

13 submitted in a written or oral presentation.

14 ‘‘(B) PROCEDURE.—To solicit the views

15 and concerns of the community, the Adminis16 trator may conduct, as appropriate—

17 ‘‘(i) face-to-face community surveys

18 for purposes including the identification of

19 the location of private drinking water

20 wells, historic and current or potential use

21 of water, and other environmental re22 sources in the community;

23 ‘‘(ii) public meetings; and

24 ‘‘(iii) other appropriate participatory

25 activities.
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1 ‘‘(C) PUBLIC MEETINGS.—The Adminis2 trator shall give particular consideration to pro3 viding the opportunity for public meetings in

4 advance of significant decision points in the re5 sponse action process.

6 ‘‘(D) CONSULTATION.—In determining

7 which of the procedures set forth in subpara8 graph (B) may be appropriate, the Adminis9 trator shall consult with a community advisory

10 group, if 1 has been established under sub11 section (h), and members of the affected com12 munity.

13 ‘‘(E) NOTIFICATION.—The President shall

14 notify the local community and local govern15 ment concerning—

16 ‘‘(i) the schedule for commencement

17 of construction activities at a covered facil18 ity and the location and availability of con19 struction plans;

20 ‘‘(ii) the results of the any review

21 under section 121(c) and any modifications

22 to the selected response made as a result

23 of the review; and
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1 ‘‘(iii) the execution of and any revi2 sion to institutional controls being used as

3 part of a remedial action.

4 ‘‘(2) MEETINGS BETWEEN LEAD AGENCY AND

5 POTENTIALLY RESPONSIBLE PARTIES.—The Presi6 dent, on a regular basis, shall inform local govern7 ment officials, Indian tribes, a local community advi8 sory group (if any) and, to the extent practicable, in9 terested members of the affected community of the

10 progress and substance of technical meetings be11 tween the lead agency and potentially responsible

12 parties regarding a covered facility.

13 ‘‘(3) REMEDIAL ACTION ALTERNATIVES.—A

14 member of the local community may propose a reme15 dial action alternative in the same manner as any

16 other interested party may propose a remedial action

17 alternative.

18 ‘‘(h) COMMUNITY ADVISORY GROUPS.—

19 ‘‘(1) NOTICE.—The President shall, to the ex20 tent practicable, provide notice of an opportunity to

21 form a community advisory group to members of the

22 affected community, particularly persons that are

23 immediately proximate to or that may be or may

24 have been affected by a release or threatened re25 lease.
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1 ‘‘(2) ESTABLISHMENT.—The President shall as2 sist in the establishment of a community advisory

3 group for a covered facility to achieve direct, regu4 lar, and meaningful communication among members

5 of the local community throughout the response ac6 tion process—

7 ‘‘(A) at the request of at least 20 individ8 uals residing in, or at least 10 percent of the

9 population of, the area in which the facility is

10 located;

11 ‘‘(B) if there is no request under subpara12 graph (A), at the request of any local govern13 ment with jurisdiction over the facility; or

14 ‘‘(C) if the President determines that a

15 community advisory group would be helpful to

16 achieve the purposes of this Act.

17 ‘‘(3) RESPONSIBILITIES OF A COMMUNITY ADVI18 SORY GROUP.—A community advisory group shall—

19 ‘‘(A) solicit the views of the local commu20 nity on various issues affecting the development

21 and implementation of response actions at the

22 facility;

23 ‘‘(B) serve as a conduit for information be24 tween the local community and other entities

25 represented on the community advisory group;
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1 ‘‘(C) present the views of the local commu2 nity throughout the response process; and

3 ‘‘(D) provide the local community reason4 able notice of and opportunities to participate

5 in the meetings and other activities of the com6 munity advisory group.

7 ‘‘(4) RESPONSIBILITIES OF THE PRESIDENT.—

8 ‘‘(A) CONSULTATION.—The President

9 shall—

10 ‘‘(i) consult with the community advi11 sory group in developing and implementing

12 the response action for a covered facility,

13 including consultation with respect to—

14 ‘‘(I) sampling, analysis, and mon15 itoring plans and results;

16 ‘‘(II) assumptions regarding rea17 sonably anticipated future land uses;

18 ‘‘(III) potential remedial alter19 natives;

20 ‘‘(IV) selection and implementa21 tion of removal and remedial actions

22 (including operation and maintenance

23 activities) and reviews performed

24 under section 121(c); and

25 ‘‘(V) use of institutional controls;
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1 ‘‘(ii) encourage the Administrator of

2 ATSDR, in cooperation with State, Indian

3 tribe, and local public health officials, to

4 consult with the community advisory group

5 regarding health assessments;

6 ‘‘(iii) keep the community advisory

7 group informed of progress in the develop8 ment and implementation of the response

9 action; and

10 ‘‘(iv) on request, provide to any per11 son the hazard ranking score of any facil12 ity that has been scored under the hazard13 ous ranking system, and the preliminary

14 assessment and site inspection for the fa15 cility.

16 ‘‘(B) CONSIDERATION OF COMMENTS.—

17 The President shall consider comments, infor18 mation, and recommendations that the commu19 nity advisory group provides in a timely man20 ner.

21 ‘‘(C) CONSENSUS.—The community advi22 sory group shall attempt to achieve consensus

23 among its members before providing comments

24 and recommendations to the President. If con25 sensus cannot be reached, the community advi-
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1 sory group shall report or allow presentation of

2 divergent views.

3 ‘‘(5) COMPOSITION OF COMMUNITY ADVISORY

4 GROUPS.—

5 ‘‘(A) MEMBERS.—

6 ‘‘(i) MEMBERS.—The President shall,

7 to the extent practicable, ensure that the

8 membership of a community advisory

9 group reflects the composition of the af10 fected community and a diversity of inter11 ests.

12 ‘‘(ii) REPRESENTED GROUPS.—A

13 community advisory group for a covered

14 facility shall include at least 1 representa15 tive of the recipients of a technical assist16 ance grant, if any has been awarded with

17 respect to the facility, and shall include, to

18 the extent practicable, a person from each

19 of the following groups:

20 ‘‘(I) Persons who reside or own

21 residential property near the facility.

22 ‘‘(II) Persons who, although they

23 may not reside or own property near

24 the facility, may be affected by the fa25 cility contamination.
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1 ‘‘(III) Local public health practi2 tioners or medical practitioners (par3 ticularly those who are practicing in

4 the affected community).

5 ‘‘(IV) Local Indian communities

6 that may be affected by the facility

7 contamination.

8 ‘‘(V) Local citizen, civic, environ9 mental, or public interest groups.

10 ‘‘(VI) Members of the local busi11 ness community.

12 ‘‘(VII) Employees at the facility

13 during facility operation.

14 ‘‘(B) LOCAL RESIDENTS.—Local residents

15 shall, to the extent practicable, comprise a ma16 jority of the voting membership of a community

17 advisory group.

18 ‘‘(C) NUMBER OF VOTING MEMBERS.—The

19 President shall, to the extent practicable, en20 sure that the voting membership of the commu21 nity advisory group does not exceed 20 individ22 uals.

23 ‘‘(D) COMPENSATION.—A member of a

24 community advisory group shall serve without

25 compensation.
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1 ‘‘(E) NONVOTING MEMBERS.—The Presi2 dent shall provide opportunities for representa3 tives of the following entities to participate (as

4 nonvoting members), as appropriate, in commu5 nity advisory group meetings for purposes in6 cluding providing information and technical ex7 pertise:

8 ‘‘(i) The Administrator.

9 ‘‘(ii) Other Federal agencies.

10 ‘‘(iii) Affected States.

11 ‘‘(iv) Affected Indian tribes.

12 ‘‘(v) Representatives of affected local

13 governments (such as city or county gov14 ernments or local emergency planning com15 mittees, and any other governmental unit

16 that regulates land use or land use plan17 ning in the vicinity of the facility).

18 ‘‘(vii) Facility owners.

19 ‘‘(viii) Potentially responsible parties.

20 ‘‘(6) TECHNICAL ASSISTANCE GRANTS.—The

21 President may award a technical assistance grant

22 under subsection (i) to a community advisory group.

23 ‘‘(7) ADMINISTRATIVE SUPPORT.—The Presi24 dent, to the extent practicable, may provide adminis-
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1 trative services and support services to the commu2 nity advisory group.

3 ‘‘(8) FEDERAL ADVISORY COMMITTEE ACT.—

4 The Federal Advisory Committee Act (5 U.S.C.

5 App.) shall not apply to a community advisory

6 group, to a citizen advisory group (designated by the

7 President to serve the functions of a community ad8 visory group, or to a Department of Defense restora9 tion advisory board, Department of Energy Site Spe10 cific advisory board, or an ATSDR citizen advisory

11 panel.

12 ‘‘(9) OTHER PUBLIC INVOLVEMENT.—The ex13 istence of a community advisory group shall not di14 minish any other obligation of the President to con15 sider the views of any person in selecting response

16 actions under this Act. Nothing in this section af17 fects the status of any community advisory group

18 formed before the date of enactment of this sub19 section. Nothing in this section affects the status,

20 decisions, or future formation of any Department of

21 Defense Restoration Advisory Board, or Department

22 of Energy Site Specific Advisory Board, and no com23 munity advisory group need be established for a fa24 cility if any such Board has been established for the

25 facility.
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1 ‘‘(i) TECHNICAL ASSISTANCE GRANTS.—

2 ‘‘(1) AUTHORITY.—

3 ‘‘(A) IN GENERAL.—The President may

4 make technical assistance grants available to

5 members of an affected community for a cov6 ered facility in accordance with this subsection.

7 ‘‘(B) ACCESSIBILITY OF APPLICATION

8 PROCESS.—To ensure that the application proc9 ess for a technical assistance grant is accessible

10 to all affected citizen groups, the President

11 shall periodically review the process and the ap12 plication and, based on the review, implement

13 appropriate changes to improve access.

14 ‘‘(C) NOTICE OF AVAILABILITY OF

15 GRANTS.—The President shall solicit the assist16 ance of a waste site information office in notify17 ing the affected community (including an In18 dian tribe) of the availability of a technical as19 sistance grant for a covered facility as soon as

20 practicable after the President has begun a re21 sponse action at the covered facility.

22 ‘‘(2) SPECIAL RULES.—

23 ‘‘(A) NO MATCHING CONTRIBUTION.—No

24 matching contribution shall be required for a

25 technical assistance grant.
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1 ‘‘(B) ADVANCE PAYMENTS.—The Presi2 dent may disburse the grant to a recipient in

3 advance of the recipient’s making expenditures

4 to be covered by the grant. In the event that

5 the President advances funds, funds shall be

6 advanced in amounts that do not exceed the

7 greater of $5,000 or 10 percent of the grant

8 amount.

9 ‘‘(3) LIMIT PER FACILITY.—

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

11 may award not more than 1 technical assistance

12 grant at 1 time with respect to a single covered

13 facility.

14 ‘‘(B) EXTENSION.—The Administrator

15 may extend a project period established in a

16 grant to facilitate public participation at all

17 stages of a response action.

18 ‘‘(4) FUNDING AMOUNT.—

19 ‘‘(A) LIMIT.—Except as provided in sub20 paragraph (B), the amount of a technical as21 sistance grant may not exceed $50,000 for a

22 single grant recipient.

23 ‘‘(B) WAIVER OF LIMIT.—The President

24 may waive the limit on the amount of a tech-
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1 nical assistance grant under subparagraph (A)

2 if a waiver is necessary—

3 ‘‘(i) to carry out the purposes of this

4 Act; or

5 ‘‘(ii) to reflect—

6 ‘‘(I) the complexity of the re7 sponse action;

8 ‘‘(II) the nature and extent of

9 contamination at the facility;

10 ‘‘(III) the level of facility activity;

11 ‘‘(IV) projected total needs as re12 quested by the grant recipient;

13 ‘‘(V) the sizes and distances be14 tween the affected communities; or

15 ‘‘(VI) the ability of the grant re16 cipient to identify and raise funds

17 from other non-Federal sources.

18 ‘‘(5) CONSIDERATIONS.—In determining how to

19 structure payment of the amount of a technical as20 sistance grant, whether to extend a grant project pe21 riod under subparagraph (3)(B), or whether to grant

22 a waiver under paragraph (4)(B), the Administrator

23 may consider factors such as the geographical size of

24 the facility and the distances between affected com25 munities.
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1 ‘‘(6) USE OF TECHNICAL ASSISTANCE

2 GRANTS.—

3 ‘‘(A) IN GENERAL.—A technical assistance

4 grant recipient may use a grant—

5 ‘‘(i) to hire experts to assist the recip6 ient in interpreting information and pre7 senting the recipient’s views with regard to

8 a response action at the facility (including

9 any aspect of a response action identified

10 in subsection (h)(4)(A));

11 ‘‘(ii) to publish newsletters or other12 wise disseminate information to other

13 members of the local community; or

14 ‘‘(iii) to provide funding for training

15 for interested affected citizens to enable

16 the citizens to more effectively participate

17 in the response process.

18 ‘‘(B) LIMITATION ON USE FOR TRAIN19 ING.—A technical assistance grant recipient

20 may use not more than 10 percent of the

21 amount of a technical assistance grant, or

22 $5,000, whichever is less, for training under

23 subparagraph (A)(iii).

24 ‘‘(7) GRANT GUIDELINES.—Not later than 180

25 days after the date of enactment of this paragraph,
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1 the President shall ensure that any guidelines con2 cerning the management of technical assistance

3 grants by grant recipients conform with this sec4 tion.’’.

5 SEC. 104. WASTE SITE INFORMATION OFFICES.

6 Section 117 of the Comprehensive Environmental Re7 sponse, Compensation, and Liability Act of 1980 (42

8 U.S.C. 9617) (as amended by section 103) is amended by

9 adding at the end the following:

10 ‘‘(j) WASTE SITE INFORMATION OFFICES.—

11 ‘‘(1) ESTABLISHMENT.—

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), not later than 18 months after the

14 date of enactment of this subsection, a State or

15 Indian tribe with a facility on the National Pri16 orities List within the State or Indian tribe’s

17 borders or reservation boundaries, respectively,

18 may establish a waste site information office to

19 perform the functions set forth in paragraph

20 (3).

21 ‘‘(B) EXISTING OFFICES.—A State or In22 dian tribe may designate an office in existence

23 before the date of enactment of this subsection

24 to perform the functions of a waste site infor25 mation office.
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1 ‘‘(C) EPA ROLE.—If the State or Indian

2 tribe notifies the Administrator that the State

3 or Indian tribe does not intend to establish a

4 waste site information office, or if the Adminis5 trator determines that the State or Indian tribe

6 has not established, within 18 months after the

7 date of enactment of this subsection, an office

8 to perform the functions of a waste site infor9 mation office, the Administrator shall establish

10 an office within the Environmental Protection

11 Agency to perform the functions.

12 ‘‘(2) FUNDING.—

13 ‘‘(A) IN GENERAL.—Funding for the oper14 ation of waste site information offices, or State,

15 Indian tribe, or Environmental Protection

16 Agency offices that perform similar functions,

17 collectively, shall not exceed $12,500,000 for a

18 fiscal year.

19 ‘‘(B) STATE OR TRIBAL GRANTS.—Each

20 State or Indian tribe that has a waste site in21 formation office, or each State, Indian tribe, or

22 Environmental Protection Agency office per23 forming the functions of a waste site informa24 tion office, shall receive not less than $100,000
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1 for a fiscal year for the performance of those

2 functions.

3 ‘‘(C) FORMULA.—

4 ‘‘(i) IN GENERAL.—The Administrator

5 shall publish guidelines establishing a for6 mula for determining the amount of fund7 ing for each waste site information office.

8 ‘‘(ii) FACTORS.—The formula shall in9 clude factors such as the number of facili10 ties listed on the National Priorities List

11 and the number of other covered facilities

12 within the State’s borders or Indian tribe’s

13 reservation boundaries.

14 ‘‘(3) FUNCTIONS.—

15 ‘‘(A) IN GENERAL.—A waste site informa16 tion office shall, to the extent practicable—

17 ‘‘(i) assist the Administrator in—

18 ‘‘(I) informing the public regard19 ing the existence of the waste site in20 formation office and its services and

21 making available the information de22 scribed in clause (ii); and

23 ‘‘(II) notifying the public of pub24 lic meetings and other opportunities

25 to participate under this Act and the
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1 rights of the public under this Act;

2 and

3 ‘‘(ii) serve as a clearinghouse, and

4 maintain records, as appropriate, for waste

5 site information, including—

6 ‘‘(I) information relating to the

7 operation of Federal, State, and tribal

8 hazardous substance and waste laws

9 with respect to the State or Indian

10 tribe;

11 ‘‘(II) information relating to each

12 covered facility in the State or tribal

13 reservation, to the extent information

14 becomes available, including—

15 ‘‘(aa) the location, charac16 teristics, and name of owner and

17 operator of the covered facility;

18 ‘‘(bb) the hazardous sub19 stances, pollutants, and contami20 nants at the facility;

21 ‘‘(cc) the response actions

22 being taken, including records of

23 any institutional controls that are

24 included in the response actions;
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1 ‘‘(dd) use of institutional

2 controls;

3 ‘‘(ee) any health studies gen4 erated in connection with the cov5 ered facility;

6 ‘‘(ff) the status of the re7 sponse actions at the covered fa8 cility;

9 ‘‘(gg) the results of a review

10 under section 121(c); and

11 ‘‘(hh) the locations of the

12 administrative record created for

13 the facility, if any, under section

14 113(k);

15 ‘‘(III) a description of the Ad16 ministrator’s process for identifying

17 covered facilities and possible response

18 actions under this Act;

19 ‘‘(IV) on request, the hazard

20 ranking score of any facility for which

21 a hazardous ranking score has been

22 prepared and that is within the waste

23 site information office’s area of re24 sponsibility and the preliminary as-
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1 sessment or site inspection for the fa2 cility; and

3 ‘‘(V) identification of resources,

4 including—

5 ‘‘(aa) technical assistance

6 grants under subsection (h);

7 ‘‘(bb) opportunities for

8 forming a community advisory

9 group under subsection (g);

10 ‘‘(cc) opportunities to peti11 tion the Administrator of

12 ATSDR to perform a health as13 sessment or other related health

14 activity under section

15 104(i)(6)(B); and

16 ‘‘(dd) additional technical

17 resources, including information

18 about how to access national

19 databases containing toxi20 cological, health, or other perti21 nent information.

22 ‘‘(B) REPORT.—

23 ‘‘(i) IN GENERAL.—Each waste site

24 information office shall annually submit to

25 the Administrator a report documenting
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1 how the funds under paragraph (2) were

2 used to carry out the functions established

3 by this subsection.

4 ‘‘(ii) VERIFICATION BY INSPECTOR

5 GENERAL.—The Inspector General of the

6 Environmental Protection Agency shall pe7 riodically review the programs carried out

8 under this subsection.

9 ‘‘(iii) TERMINATION OF GRANT.—The

10 Administrator shall terminate the grant

11 if—

12 ‘‘(I) the Administrator is unable

13 to verify a certification; or

14 ‘‘(II) the Administrator deter15 mines that the grant is not being used

16 in a manner that is consistent with

17 the functions under paragraph (3).’’.

18 SEC. 105. TECHNICAL OUTREACH SERVICES FOR COMMU19 NITIES.

20 Section 311(d)(2) of the Comprehensive Environ21 mental Response, Compensation, and Liability Act of

22 1980 (42 U.S.C. 9660(d)(2)) is amended—

23 (1) by striking ‘‘shall include, but not be limited

24 to, the conduct of research’’ and inserting the follow25 ing: ‘‘shall include—
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1 ‘‘(A) the conduct of research’’;

2 (2) by striking the period at the end and insert3 ing ‘‘; and’’; and

4 (3) adding at the end the following:

5 ‘‘(B) the conduct of a program to provide

6 to affected communities educational and tech7 nical assistance to and information regarding

8 the effects or potential effects of the contamina9 tion on human health and the environment.’’.

10 SEC. 106. RECRUITMENT AND TRAINING PROGRAM.

11 Section 117 of the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980 (42

13 U.S.C. 9617) (as amended by section 104) is amended by

14 adding at the end the following:

15 ‘‘(k) RECRUITMENT AND TRAINING PROGRAM.—

16 ‘‘(1) IN GENERAL.—The Administrator, in con17 sultation with the National Institute of Environ18 mental Health Science, shall conduct a program to

19 assist in the recruitment and training of individuals

20 in an affected community for employment in re21 sponse actions conducted at the facility concerned.

22 ‘‘(2) RECRUITMENT, TRAINING, AND EMPLOY23 MENT.—The Administrator shall encourage a person

24 conducting a response action under this Act to have
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1 contractors of the person train in remediation skills

2 and employ persons from the affected community.’’.

3 SEC. 107. PRIORITY SITE EVALUATION.

4 Section 117 of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42

6 U.S.C. 9617) (as amended by section 106) is amended by

7 adding at the end the following:

8 ‘‘(l) PRIORITY SITE EVALUATION.—

9 ‘‘(1) EVALUATION.—The Administrator shall

10 solicit the assistance of the waste site information

11 office in identifying 3 facilities in the area covered

12 by each regional office of the Administrator in major

13 urban areas, or other areas with minority popu14 lations and low-income populations (such as within

15 Indian country, Indian reservations, and poor rural

16 communities) that are likely to warrant inclusion on

17 the National Priorities List.

18 ‘‘(2) PRIORITY.—Not later than 2 years after

19 the date of enactment of this subsection, a facility

20 identified under paragraph (1) shall be accorded a

21 priority in evaluation for listing on the National Pri22 orities List and scoring and shall be evaluated for

23 listing on the National Priorities List.’’.
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1 SEC. 108. UNDERSTANDABLE PRESENTATION OF MATE2 RIALS.

3 Section 117 of the Comprehensive Environmental Re4 sponse, Compensation, and Liability Act of 1980 (42

5 U.S.C. 9617) (as amended by section 107) is amended by

6 adding at the end the following:

7 ‘‘(m) PRESENTATION OF MATERIALS.—The Presi8 dent shall ensure that information prepared for or distrib9 uted to the public under this section shall be provided or

10 summarized in a manner that may be easily understood

11 by the community, considering any unique cultural needs

12 of the community.’’.

13 SEC. 109. NO IMPEDIMENT TO RESPONSE ACTIONS.

14 Section 117 of the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 1980 (42

16 U.S.C. 9617) (as amended by section 109) is amended by

17 adding at the end the following:

18 ‘‘(n) NO IMPEDIMENT TO RESPONSE ACTIONS.—

19 Nothing in this section shall impede or delay the ability

20 of the Environmental Protection Agency to conduct a re21 sponse action necessary to protect human health and the

22 environment.’’.

23 TITLE II—LIABILITY

24 SEC. 201. LIABILITY EXEMPTIONS AND LIMITATIONS.

25 (a) LIABILITY EXEMPTIONS.—Section 107 of the

26 Comprehensive Environmental Response, Compensation,
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1 and Liability Act of 1980 (42 U.S.C. 9607) is amended

2 by adding at the end the following:

3 ‘‘(o) LIABILITY EXEMPTIONS.—

4 ‘‘(1) CONTIGUOUS PROPERTIES.—

5 ‘‘(A) NOT CONSIDERED TO BE AN OWNER

6 OR OPERATOR.—A person that owns or operates

7 real property that is contiguous to or otherwise

8 similarly situated with respect to a facility at

9 which there has been a release or threatened re10 lease of a hazardous substance, that is or may

11 be contaminated by the release, shall not be

12 considered to be an owner or operator under

13 paragraph (1) or (2) of subsection (a) solely by

14 reason of the contamination if—

15 ‘‘(i) the person did not cause, contrib16 ute, or consent to the release or threatened

17 release;

18 ‘‘(ii) the person is not associated with

19 any other person that is potentially liable

20 for any response costs at the facility at

21 which there has been a release or threat22 ened release of a hazardous substance,

23 through any familial relationship, or any

24 contractual, corporate, or financial rela25 tionship;
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1 ‘‘(iii) the person exercised appropriate

2 care with respect to hazardous substances

3 from the facility, in light of all relevant

4 facts and circumstances;

5 ‘‘(iv) the person is in compliance with

6 any land use or activity restrictions on the

7 property established or relied on in connec8 tion with a response action at the facility,

9 including informing other persons that the

10 person allows to occupy or use the property

11 of the restrictions and taking prompt ac12 tion to correct any noncompliance by such

13 persons; and

14 ‘‘(v) the person provides full coopera15 tion, assistance, and access to the persons

16 that are authorized to conduct response ac17 tions at the facility, including the coopera18 tion and access necessary for the installa19 tion, preservation of integrity, operation,

20 and maintenance of any complete or par21 tial response action at the facility.

22 ‘‘(B) ASSURANCES.—The President may

23 issue an assurance that no enforcement action

24 under this Act will be initiated against a person

25 described in paragraph (1).
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1 ‘‘(2) DE MICROMIS EXEMPTION.—

2 ‘‘(A) Notwithstanding paragraphs (1)

3 through (4) of subsection (a), a person shall not

4 be liable to the United States or any other per5 son (including liability for contribution) under

6 this Act for any response costs incurred with

7 respect to a facility if—

8 ‘‘(i) liability is based solely on para9 graph (3) or (4) of subsection (a);

10 ‘‘(ii) the total of materials containing

11 a hazardous substance that the person ar12 ranged for disposal or treatment of, ar13 ranged with a transporter for transport for

14 disposal or treatment, of, or accepted for

15 transport for disposal or treatment, at the

16 facility, was less than 110 gallons of liquid

17 materials or less than 200 pounds of solid

18 materials (or such other amount as the

19 Administrator may determine on a site20 specific basis); and

21 ‘‘(iii) the acts upon which liability is

22 based took place wholly before July 1,

23 1997.

24 ‘‘(B) EXCEPTION.—Subparagraph (A)

25 shall not apply in a case in which the President
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1 determines that the material containing hazard2 ous substances referred to in subparagraph (A)

3 contributed significantly or could contribute sig4 nificantly, either individually or in the aggre5 gate, to the cost of the response action with re6 spect to the facility.

7 ‘‘(3) MUNICIPAL SOLID WASTE EXEMPTION.—

8 Notwithstanding paragraphs (1) through (4) of sub9 section (a), a person shall not be liable to the United

10 States or any other person (including liability for

11 contribution) under this Act for any response costs

12 incurred with respect to a facility, to the extent

13 that—

14 ‘‘(A) liability is based on paragraph (3) or

15 (4) of subsection (a); and

16 ‘‘(B) the person is—

17 ‘‘(i) an owner, operator, or lessee of

18 residential property from which all of the

19 person’s municipal solid waste was gen20 erated;

21 ‘‘(ii) a business entity that, during the

22 taxable year preceding the date of trans23 mittal of written notification that the busi24 ness is a potentially responsible party, em25 ploys not more than 100 individuals; or
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1 ‘‘(iii) a small nonprofit organization

2 from which all of the person’s municipal

3 solid waste was generated.

4 (b) LIABILITY LIMITATIONS.—Section 107 of the

5 Comprehensive Environmental Response, Liability, and

6 Compensation Act of 1980 (42 U.S.C. 9607) (as amended

7 by subsection (a)) is amended by adding at the end the

8 following:

9 ‘‘(p) LIABILITY LIMITATIONS.—

10 ‘‘(1) IN GENERAL.—A municipality that is lia11 ble for response costs under paragraph (1) or (2) of

12 subsection (a) on the basis of ownership or operation

13 of a municipal landfill that is listed on the National

14 Priority List on or before January 1, 1997, shall be

15 eligible for a settlement of that liability.

16 ‘‘(2) SETTLEMENT AMOUNT.—

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

18 offer a settlement to a party with respect to li19 ability described in paragraph (1) on the basis

20 of a payment or other obligation equivalent in

21 value to not more than 20 percent of the total

22 response costs in connection with the facility.

23 ‘‘(B) INCREASED AMOUNT.—The President

24 may increase the percentage under subpara-
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1 graph (A) to not more than 35 percent if the

2 President determines that—

3 ‘‘(i) the municipality committed spe4 cific acts that exacerbated environmental

5 contamination or exposure with respect to

6 the facility; or

7 ‘‘(ii) the municipality, during the pe8 riod of ownership or operation of the facil9 ity, received operating revenues substan10 tially in excess of the sum of the waste sys11 tem operating costs plus 20 percent of

12 total estimated response costs in connec13 tion with the facility.

14 ‘‘(3) PERFORMANCE OF RESPONSE ACTIONS.—

15 As a condition of a settlement with a municipality

16 under this subsection, the President may require

17 that the municipality perform or participate in the

18 performance of the response actions at the facility.

19 ‘‘(4) OWNERSHIP OR OPERATION BY 2 OR MORE

20 MUNICIPALITIES.—A combination of 2 or more mu21 nicipalities that jointly own or operate a facility shall

22 be considered to be a single owner or operator for

23 the purpose of calculating a settlement offer under

24 this subsection.
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1 ‘‘(5) CONDITIONS.—The limitation on settle2 ment amount under paragraph (2) shall not apply

3 on or after the date that is 2 years after the date

4 of enactment of this subsection unless the municipal5 ity institutes or participates in a qualified household

6 hazardous waste collection program before the date

7 that is 2 years after the date of enactment of this

8 subsection.

9 ‘‘(6) EXCEPTIONS.—The President may decline

10 to offer a settlement under this subsection with re11 spect to a facility if the President determines that—

12 ‘‘(A) there is no waste except municipal

13 solid waste or municipal sewage sludge at the

14 facility; or

15 ‘‘(B) all known potentially responsible par16 ties are insolvent, defunct, or eligible for a set17 tlement under this subsection or section

18 122(g).’’.

19 (c) COSTS AND FEES.—Section 107 of the Com20 prehensive Environmental Response, Liability, and Com21 pensation Act of 1980 (42 U.S.C. 9607) (as amended by

22 subsection (b)) is amended by adding at the end the fol23 lowing:

24 ‘‘(q) COSTS AND FEES.—A person that commences

25 an action for recovery of response costs or for contribution
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1 against a person that is not liable, or that has entered

2 into an expedited settlement under section 107(p) or

3 122(g), shall be liable to the defendant for all reasonable

4 costs of defending the action, including all reasonable at5 torney’s fees and expert witness fees.’’.

6 SEC. 202. EXPEDITED FINAL SETTLEMENT.

7 (a) PARTIES ELIGIBLE.—Section 122(g) of the Com8 prehensive Environment Response, Liability, and Com9 pensation Act of 1980 (42 U.S.C. 9622(g)) is amended—

10 (1) by striking the subsection heading and in11 serting the following:

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

13 (2) in paragraph (1)—

14 (A) by redesignating subparagraph (B) as

15 subparagraph (C);

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

17 through subparagraph (A) and inserting the fol18 lowing:

19 ‘‘(1) PARTIES ELIGIBLE.—

20 ‘‘(A) IN GENERAL.—The President shall,

21 as expeditiously as practicable, notify of eligi22 bility for a settlement, and offer to reach a final

23 administrative or judicial settlement with, each

24 potentially responsible party that, in the judg25 ment of the President, meets 1 or more of the
39

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1 conditions stated in subparagraphs (B), (C),

2 (D), and (E).

3 ‘‘(B) DE MINIMIS CONTRIBUTION.—The

4 condition stated in this subparagraph is that

5 the potentially responsible party’s liability is for

6 response costs based on paragraph (3) or (4) of

7 subsection (a) and the party’s contribution of

8 hazardous substances at a facility is de

9 minimis. For the purposes of this subpara10 graph, a potentially responsible party’s con11 tribution shall be considered to be de minimis

12 only if the President determines that both of

13 the following criteria are met:

14 ‘‘(i) The amount of material contain15 ing a hazardous substance contributed by

16 the potentially responsible party to the fa17 cility is minimal relative to the total

18 amount of material containing hazardous

19 substances at the facility. The amount of a

20 potentially responsible party’s contribution

21 shall be presumed to be minimal if the

22 amount is 1 percent or less of the total

23 amount of materials containing hazardous

24 substances at the facility, unless the Ad-
40

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1 ministrator identifies a different threshold

2 based on site-specific factors.

3 ‘‘(ii) The material containing a haz4 ardous substance contributed by the poten5 tially responsible party does not present

6 toxic or other hazardous effects that are

7 significantly greater than the toxic or other

8 hazardous effects of other material con9 taining hazardous substances at the facil10 ity.’’;

11 (C) in subparagraph (C) (as redesignated

12 by subparagraph (A))—

13 (i) by redesignating clauses (i)

14 through (iii) as subclauses (I) through

15 (III), respectively, and adjusting the mar16 gins appropriately;

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

18 responsible party’’ and inserting the follow19 ing:

20 ‘‘(C) OWNERS OF REAL PROPERTY.—

21 ‘‘(i) IN GENERAL.—The condition

22 stated in this subparagraph is that the po23 tentially responsible party’’; and

24 (iii) by striking ‘‘This subparagraph

25 (B)’’ and inserting the following:
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1 ‘‘(ii) APPLICABILITY.—Clause (i)’’;

2 and

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

4 ‘‘(D) CONTRIBUTION OF MUNICIPAL SOLID

5 WASTE AND MUNICIPAL SEWAGE SLUDGE.—

6 ‘‘(i) IN GENERAL.—The condition

7 stated in this subparagraph is that the li8 ability of the potentially responsible party

9 is for response costs based on paragraph

10 (3) or (4) of section 107(a) and on the po11 tentially responsible party’s having ar12 ranged for disposal or treatment of, ar13 ranged with a transporter for transport for

14 disposal or treatment of, or accepted for

15 transport for disposal or treatment of, mu16 nicipal solid waste or municipal sewage

17 sludge at a facility listed on the National

18 Priorities List.

19 ‘‘(ii) SETTLEMENT AMOUNT.—

20 ‘‘(I) IN GENERAL.—The Presi21 dent shall offer a settlement to a

22 party referred to in clause (i) with re23 spect to liability under paragraph (3)

24 or (4) of section 107(a) on the basis

25 of a payment of $3.05 per ton of mu-
42

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1 nicipal solid waste or municipal sew2 age sludge that the President esti3 mates is attributable to the party.

4 ‘‘(II) FACILITY-SPECIFIC AD5 JUSTMENT.—The President may ad6 just the $3.05 amount in subclause

7 (I), on a facility-specific basis, to not

8 more than $3.25 per ton, if the Presi9 dent determines that any of the fol10 lowing factors is present at a facility:

11 ‘‘(aa) A shallow aquifer

12 underlies the facility.

13 ‘‘(bb) The facility is located

14 in an area of high rainfall or cold

15 ambient air temperature.

16 ‘‘(cc) The ground water af17 fected by the facility is classified

18 as drinking water.

19 ‘‘(dd) Low-permeability

20 cover material (such as clay) is

21 unavailable at the facility.

22 ‘‘(III) REVISION.—

23 ‘‘(aa) IN GENERAL.—The

24 President may revise the $3.05

25 and $3.25 settlement amounts
43

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1 under subclauses (I) and (II) by

2 regulation.

3 ‘‘(bb) BASIS.—A revised set4 tlement amount under item (aa)

5 shall reflect the estimated per-ton

6 cost of closure and post-closure

7 activities at a representative fa8 cility containing only municipal

9 solid waste.

10 ‘‘(iii) CONDITIONS.—The provisions

11 for settlement described in this subpara12 graph shall not apply with respect to a fa13 cility where there is no waste except mu14 nicipal solid waste or municipal sewage

15 sludge.

16 ‘‘(iv) MUNICIPAL SEWAGE SLUDGE

17 CONTAINING CERTAIN RESIDUE.—The

18 President may decline to offer a settlement

19 under this subsection to a person that ar20 ranged for disposal or treatment of, ar21 ranged with a transporter for transport for

22 disposal or treatment of, or accepted for

23 transport for disposal or treatment, munic24 ipal sewage sludge, if the President deter25 mines that the municipal sewage sludge
44

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1 contributed or could contribute signifi2 cantly to the cost of the response action at

3 the facility.

4 ‘‘(v) ADJUSTMENT FOR INFLATION.—

5 The Administrator may by guidance peri6 odically adjust the settlement amounts

7 under clause (ii) to reflect changes in the

8 Consumer Price Index (or other appro9 priate index, as determined by the Admin10 istrator).

11 ‘‘(vi) MUNICIPAL OWNERS AND OPER12 ATORS.—A municipality that arranged for

13 disposal or treatment of, arranged with a

14 transporter for transport for disposal or

15 treatment of, or accepted for transport for

16 disposal or treatment, municipal solid

17 waste or municipal sewage sludge at a fa18 cility and is a municipality that is also po19 tentially liable under paragraph (1) or (2)

20 of section 107(a) at the facility shall be eli21 gible for settlement under this subpara22 graph and section 107(p). The settlement

23 amount shall be equal to the settlement

24 amount under clause (ii) with respect to its

25 contribution of municipal solid waste or
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1 municipal sewage sludge, plus the amount

2 provided in section 107(p) as to the liabil3 ity of the municipality under paragraph (1)

4 or (2) of section 107(a).

5 ‘‘(E) REDUCTION IN SETTLEMENT

6 AMOUNT BASED ON LIMITED ABILITY TO PAY.—

7 ‘‘(i) IN GENERAL.—The condition

8 stated in this subparagraph is that the po9 tentially responsible party—

10 ‘‘(I) is—

11 ‘‘(aa) a natural person;

12 ‘‘(bb) a small business; or

13 ‘‘(cc) a municipality; and

14 ‘‘(II) demonstrates to the Presi15 dent an inability or a limited ability to

16 pay response costs.

17 ‘‘(ii) COSTS BORNE BY THE UNITED

18 STATES.—Where the United States enters

19 into a settlement under section 122 with a

20 party that agrees to perform work at the

21 same facility that is the subject of a settle22 ment under clause (i), the United States

23 shall contribute the difference between—

24 ‘‘(I) the aggregate share that the

25 Administrator determines, on the
46

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1 basis of information presented, to be

2 specifically attributable to parties with

3 a limited ability to pay response costs;

4 and

5 ‘‘(II) the share actually assumed

6 by those parties in any settlements

7 with the United States under clause

8 (i).

9 ‘‘(iii) SMALL BUSINESSES.—

10 ‘‘(I) DEFINITION OF SMALL

11 BUSINESS.—In this subparagraph, the

12 term ‘small business’ means a busi13 ness entity that—

14 ‘‘(aa) together with its par15 ents, subsidiaries, and other af16 filiates, had an average of not

17 more than 50 full-time equivalent

18 employees and an average of not

19 more than $3,000,000 in annual

20 gross revenues, as reported to the

21 Internal Revenue Service, during

22 the 3 years preceding the date on

23 which the business entity first re24 ceived notice from the President
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1 of its potential liability under this

2 Act; and

3 ‘‘(bb) is not associated with

4 any other person potentially re5 sponsible for response costs at

6 the facility through any familial

7 relationship, or any contractual,

8 corporate, or financial relation9 ship other than that arising from

10 an arrangement for disposal or

11 treatment, or for transport for

12 disposal or treatment of hazard13 ous substances.

14 ‘‘(iv) DEFINITION OF AFFILIATE.—In

15 this subparagraph, the term ‘affiliate’ has

16 the meaning given the term ‘small business

17 concern’ in regulations promulgated by the

18 Small Business Administration in accord19 ance with the Small Business Act (15

20 U.S.C. 631 et seq.).

21 ‘‘(v) OTHER POTENTIALLY RESPON22 SIBLE PARTIES.—This subparagraph does

23 not affect the President’s authority to

24 evaluate the ability to pay of a potentially

25 responsible party other than a natural per-
48

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1 son, small business, or municipality, or to

2 enter into a settlement with such other

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

4 ‘‘(F) BASIS OF DETERMINATION.—If the

5 President determines that a potentially respon6 sible party is not eligible for settlement under

7 this subsection, the President shall state the

8 reasons for the determination in writing to any

9 potentially responsible party that requests a

10 settlement under this paragraph. A determina11 tion by the President under this paragraph

12 shall not be subject to judicial review.’’.

13 (b) SETTLEMENT OFFERS.—Section 122 of the Com14 prehensive Environment Response, Liability, and Com15 pensation Act of 1980 (42 U.S.C. 9622) is amended—

16 (1) in subsection (g)—

17 (A) by redesignating paragraph (6) as

18 paragraph (10); and

19 (B) by inserting after paragraph (5) the

20 following:

21 ‘‘(6) SETTLEMENT OFFERS.—

22 ‘‘(A) IN GENERAL.—As soon as practicable

23 after receipt of sufficient information, the Ad24 ministrator shall submit a written settlement

25 offer to each person that the Administrator de-
49

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1 termines, based on information available to the

2 Administrator at the time at which the deter3 mination is made, to be eligible for a settlement

4 under paragraph (1).

5 ‘‘(B) INFORMATION.—At the time at which

6 the Administrator submits an offer under para7 graph (1), the Administrator shall, at the re8 quest of the recipient of the offer, make avail9 able to the recipient any information available

10 under section 552 of title 5, United States

11 Code, on which the Administrator bases the set12 tlement offer, and if the settlement offer is

13 based in whole or in part on information not

14 available under that section, so inform the re15 cipient.

16 ‘‘(7) LITIGATION MORATORIUM.—

17 ‘‘(A) IN GENERAL.—No person eligible for

18 an expedited settlement under paragraph (1)

19 shall be named as a defendant in any action

20 under this Act for recovery of response costs

21 (including an action for contribution) during

22 the period beginning on the date on which the

23 person receives from the President written no24 tice of its potential liability and notice that it
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1 is a party that may qualify for an expedited set2 tlement, and ending on the earlier of—

3 ‘‘(i) the date that is 90 days after the

4 date on which the President tenders a

5 written settlement offer to the person; or

6 ‘‘(ii) the date that is 1 year after the

7 date specified in subparagraph (A).

8 ‘‘(B) TOLLING OF PERIOD OF LIMITA9 TION.—The period of limitation under section

10 113(g) applicable to a claim against a person

11 described in subparagraph (A) for response

12 costs or contribution shall be tolled during the

13 period described in subparagraph (A).

14 ‘‘(C) STAY OF LITIGATION.—If, before the

15 date of enactment of this paragraph, a person

16 described in subparagraph (A) has been named

17 as a defendant in an action for recovery of re18 sponse costs or contribution, the court shall,

19 unless a stay would result in manifest injustice,

20 stay the action as to that claim until the end

21 of the period described in subparagraph (A).

22 ‘‘(8) NOTICE OF SETTLEMENT.—After a settle23 ment under this subsection becomes final with any

24 person with respect to a facility, the President shall

25 promptly notify potentially responsible parties at the
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1 facility that have not resolved their liability to the

2 United States of the settlement.’’; and

3 (2) by adding at the end the following:

4 ‘‘(n) EXCEPTIONS.—Subsection (g) and subsections

5 (o) and (p) of section 107 shall not apply in a case in

6 which the President determines that the person has failed

7 to comply with any request for information or administra8 tive subpoena issued by the President under this Act, or

9 has impeded or is impeding the performance of a response

10 action with respect to the facility.

11 ‘‘(o) WAIVER OF CLAIMS.—The President may re12 quire, as a condition of settlement under this subsection

13 or section 107(p), that a potentially responsible party

14 waive some or all of the claims (including a claim for con15 tribution under section 113) that the party may have

16 against other potentially responsible parties for all re17 sponse costs incurred at the facility.

18 ‘‘(p) RELATIONSHIP TO LIABILITY UNDER OTHER

19 LAW.—Nothing in this section affects the obligation of

20 any person to comply with any other Federal, State, or

21 local law (including requirements under the Solid Waste

22 Disposal Act (42 U.S.C. 6901 et seq.).’’.

23 (c) REGULATIONS.—The Administrator of the Envi24 ronmental Protection Agency has the authority, under sec25 tion 115 of the Comprehensive Environmental Response,
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1 Compensation, and Liability Act of 1980 (42 U.S.C.

2 9615), to promulgate additional regulations concerning

3 the amendments made by this section.

Æ