II

106TH CONGRESS

1ST SESSION S. 20

To assist the States and local governments in assessing and remediating

brownfield sites and encouraging environmental cleanup programs, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. LAUTENBERG (for himself, Mr. DASCHLE, Mr. BAUCUS, Mr. LEVIN, Mr.

REID, Mr. ROCKEFELLER, Mr. TORRICELLI, Ms. MIKULSKI, Mr.

BREAUX, Mrs. MURRAY, Mr. SCHUMER, Mrs. BOXER, Mr. SARBANES,

Mr. DURBIN, Mr. LEAHY, Mr. WYDEN, Mr. BRYAN, Mr. MOYNIHAN, Mr.

KERRY, Mr. LIEBERMAN, and Mr. KENNEDY) introduced the following

bill; which was read twice and referred to the Committee on Environment

and Public Works

A BILL

To assist the States and local governments in assessing and

remediating brownfield sites and encouraging environmental cleanup 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 and Environmental Cleanup Act of 1999’’.

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

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

Sec. 2. Findings and purpose.

TITLE I—BROWNFIELD REMEDIATION AND ENVIRONMENTAL

CLEANUP

Sec. 101. Definitions.

Sec. 102. Inventory and assessment grant program.

Sec. 103. Grants for revolving loan programs.

Sec. 104. Research, development, demonstration, and training.

Sec. 105. Financial assistance for training.

Sec. 106. Expenditures from the Superfund.

Sec. 107. Reports.

Sec. 108. Limitations on use of funds.

Sec. 109. Effect on other laws.

Sec. 110. Regulations.

Sec. 111. Authorization of appropriations.

TITLE II—PROSPECTIVE PURCHASERS

Sec. 201. Limitations on liability for response costs for prospective purchasers.

TITLE III—INNOCENT LANDOWNERS

Sec. 301. Innocent landowners.

TITLE IV—CONTIGUOUS PROPERTIES

Sec. 401. Contiguous properties.

1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—Congress finds that—

3 (1) past uses of land in the United States for

4 industrial and commercial purposes have created

5 many sites throughout the United States that have

6 environmental contamination;

7 (2) such sites are often abandoned, idled, or

8 underused commercial or industrial facilities where

9 expansion or development is complicated by the pres10 ence or potential presence of a contaminant;

11 (3) promoting the assessment, cleanup, and re12 development of contaminated sites could lead to sig13 nificant environmental and economic benefits, par-
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1 ticularly in any case in which a cleanup can be com2 pleted quickly and during a period of time that

3 meets short-term business needs;

4 (4) the private market demand for sites af5 fected by environmental contamination frequently is

6 reduced, for reasons that include uncertainties re7 garding contamination or potential cleanup costs,

8 which can lead to construction on undeveloped sites

9 and development on greenfields;

10 (5) the abandonment or underuse of brownfield

11 sites threatens the environment, devalues the sur12 rounding property, erodes local tax bases, prevents

13 job growth, and limits economic opportunities for the

14 people of the United States, particularly the unem15 ployed and economically disadvantaged;

16 (6) cooperation among Federal agencies, de17 partments and agencies of States and local govern18 ments, local community development organizations,

19 and current owners and prospective purchasers of

20 brownfield sites is important to encourage timely re21 sponse actions and the redevelopment or other bene22 ficial reuse of brownfield sites;

23 (7) there is a need to provide financial incen24 tives and assistance to inventory and assess certain

25 brownfield sites and facilitate the cleanup of the
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1 sites so that the sites may be redeveloped for bene2 ficial uses; and

3 (8) there is a need for a program to—

4 (A) encourage cleanups of brownfield sites;

5 and

6 (B) facilitate the establishment and en7 hancement of programs by States and local gov8 ernments to foster cleanups of brownfield sites

9 through capitalization of loan programs.

10 (b) PURPOSES.—The purposes of this Act are to cre11 ate new business and employment opportunities through

12 the cleanup, economic redevelopment, and beneficial reuse

13 of brownfield sites, and to stimulate the assessment and

14 cleanup of brownfield sites by—

15 (1) encouraging States and local governments

16 to provide for the assessment and cleanup of

17 brownfield sites that may not be remediated under

18 other environmental laws;

19 (2) encouraging local governments and private

20 parties, including local community development or21 ganizations, to participate in programs, such as

22 State cleanup programs, that facilitate expedited re23 sponse actions that protect human health and the

24 environment in a way that furthers economic rede25 velopment at brownfield sites; and
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1 (3) directing the Administrator of the Environ2 mental Protection Agency to establish programs that

3 provide financial assistance to—

4 (A) facilitate site assessments of certain

5 brownfield sites;

6 (B) encourage cleanup of appropriate

7 brownfield sites through capitalization of loan

8 programs; and

9 (C) encourage workforce development in

10 areas adversely affected by contaminated prop11 erties.

12 TITLE I—BROWNFIELD REMEDI13 ATION AND ENVIRONMENTAL

14 CLEANUP

15 SEC. 101. DEFINITIONS.

16 In this title:

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency.

20 (2) BROWNFIELD SITE.—The term ‘‘brownfield

21 site’’ means a facility that has or is suspected of

22 having environmental contamination that—

23 (A) could prevent the timely use, develop24 ment, reuse, or redevelopment of the facility;

25 and
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1 (B) is relatively limited in scope or severity

2 and can be comprehensively assessed and read3 ily analyzed.

4 (3) CONTAMINANT.—The term ‘‘contaminant’’

5 includes any hazardous substance (as defined in sec6 tion 101 of the Comprehensive Environmental Re7 sponse, Compensation, and Liability Act of 1980 (42

8 U.S.C. 9601)).

9 (4) DISPOSAL.—The term ‘‘disposal’’ has the

10 meaning given the term in section 1004 of the Solid

11 Waste Disposal Act (42 U.S.C. 6903).

12 (5) ENVIRONMENT.—The term ‘‘environment’’

13 has the meaning given the term in section 101 of the

14 Comprehensive Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 U.S.C. 9601).

16 (6) ENVIRONMENTAL CONTAMINATION.—The

17 term ‘‘environmental contamination’’ means the ex18 istence at a facility of 1 or more contaminants that

19 may pose a threat to human health or the environ20 ment.

21 (7) FACILITY.—The term ‘‘facility’’ has the

22 meaning given the term in section 101 of the Com23 prehensive Environmental Response, Compensation,

24 and Liability Act of 1980 (42 U.S.C. 9601).
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1 (8) GRANT.—The term ‘‘grant’’ includes a co2 operative agreement.

3 (9) GROUND WATER.—The term ‘‘ground

4 water’’ has the meaning given the term in section

5 101 of the Comprehensive Environmental Response,

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

7 9601).

8 (10) INDIAN TRIBE.—The term ‘‘Indian tribe’’

9 has the meaning given the term in section 101 of the

10 Comprehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C. 9601).

12 (11) LOCAL GOVERNMENT.—The term ‘‘local

13 government’’ has the meaning given the term ‘‘unit

14 of general local government’’ in the first sentence of

15 section 102(a)(1) of the Housing and Community

16 Development Act of 1974 (42 U.S.C. 5302(a)(1)),

17 except that the term includes an Indian tribe.

18 (12) NATURAL RESOURCES.—The term ‘‘natu19 ral resources’’ has the meaning given the term in

20 section 101 of the Comprehensive Environmental

21 Response, Compensation, and Liability Act of 1980

22 (42 U.S.C. 9601).

23 (13) OWNER.—The term ‘‘owner’’ has the

24 meaning given the term in section 101 of the Com-
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1 prehensive Environmental Response, Compensation,

2 and Liability Act of 1980 (42 U.S.C. 9601).

3 (14) PERSON.—The term ‘‘person’’ has the

4 meaning given the term in section 101 of the Com5 prehensive Environmental Response, Compensation,

6 and Liability Act of 1980 (42 U.S.C. 9601).

7 (15) PROSPECTIVE PURCHASER.—The term

8 ‘‘prospective purchaser’’ means a prospective pur9 chaser of a brownfield site.

10 (16) RELEASE.—The term ‘‘release’’ has the

11 meaning given the term in section 101 of the Com12 prehensive Environmental Response, Compensation,

13 and Liability Act of 1980 (42 U.S.C. 9601).

14 (17) RESPONSE ACTION.—The term ‘‘response

15 action’’ has the meaning given the term ‘‘response’’

16 in section 101 of the Comprehensive Environmental

17 Response, Compensation, and Liability Act of 1980

18 (42 U.S.C. 9601).

19 (18) SITE ASSESSMENT.—

20 (A) IN GENERAL.—The term ‘‘site assess21 ment’’ means an investigation that determines

22 the nature and extent of a release or potential

23 release of a hazardous substance at a

24 brownfield site and meets the requirements of

25 subparagraph (B).
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1 (B) INVESTIGATION.—For the purposes of

2 this paragraph, an investigation that meets the

3 requirements of this subparagraph—

4 (i) shall include—

5 (I) an onsite evaluation; and

6 (II) sufficient testing, sampling,

7 and other field-data-gathering activi8 ties to accurately determine whether

9 the brownfield site is contaminated

10 and the threats to human health and

11 the environment posed by the release

12 of contaminants at the brownfield

13 site; and

14 (ii) may include—

15 (I) review of such information re16 garding the brownfield site and pre17 vious uses as is available at the time

18 of the review; and

19 (II) an offsite evaluation, if ap20 propriate.

21 (19) STATE.—The term ‘‘State’’ has the mean22 ing given the term in section 101 of the Comprehen23 sive Environmental Response, Compensation, and

24 Liability Act of 1980 (42 U.S.C. 9601).
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1 SEC. 102. INVENTORY AND ASSESSMENT GRANT PROGRAM.

2 (a) IN GENERAL.—The Administrator shall establish

3 a program to award grants to States or local governments

4 to inventory brownfield sites and to conduct site assess5 ments of brownfield sites.

6 (b) SCOPE OF PROGRAM.—

7 (1) GRANT AWARDS.—To carry out subsection

8 (a), the Administrator may, on approval of an appli9 cation, provide financial assistance to a State or

10 local government.

11 (2) GRANT APPLICATION.—An application for a

12 grant under this section shall include, to the extent

13 practicable, each of the following:

14 (A) An identification of the brownfield

15 sites for which assistance is sought and a de16 scription of the effect of the brownfield sites on

17 the community, including a description of the

18 nature and extent of any known or suspected

19 environmental contamination within the areas.

20 (B) A description of the need of the appli21 cant for financial assistance to inventory

22 brownfield sites and conduct site assessments.

23 (C) A demonstration of the potential of the

24 grant assistance to stimulate economic develop25 ment, including the extent to which the assist26 ance will stimulate the availability of other
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1 funds for site assessment, site identification, or

2 environmental remediation and subsequent re3 development of the areas in which eligible

4 brownfield sites are situated.

5 (D) A description of the local commitment

6 as of the date of the application, which shall in7 clude a community involvement plan that dem8 onstrates meaningful community involvement.

9 (E) A plan that shows how the site assess10 ment, site identification, or environmental re11 mediation and subsequent development will be

12 implemented, including—

13 (i) an environmental plan that ensures

14 the use of sound environmental procedures;

15 (ii) an explanation of the appropriate

16 government authority and support for the

17 project as in existence on the date of the

18 application;

19 (iii) proposed funding mechanisms for

20 any additional work; and

21 (iv) a proposed land ownership plan.

22 (F) A statement on the long-term benefits

23 and the sustainability of the proposed project

24 that includes—
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1 (i) the ability of the project to be rep2 licated nationally and measures of success

3 of the project; and

4 (ii) to the extent known, the potential

5 of the plan for each area in which an eligi6 ble brownfield site is situated to stimulate

7 economic development of the area on com8 pletion of the environmental remediation.

9 (G) Such other factors as the Adminis10 trator considers relevant to carry out this title.

11 (3) APPROVAL OF APPLICATION.—

12 (A) IN GENERAL.—In making a decision

13 whether to approve an application under para14 graph (1), the Administrator shall—

15 (i) consider the need of the State or

16 local government for financial assistance to

17 carry out this section;

18 (ii) consider the ability of the appli19 cant to carry out an inventory and site as20 sessment under this section;

21 (iii) ensure a fair distribution of grant

22 funds between urban and nonurban areas;

23 and
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1 (iv) consider such other factors as the

2 Administrator considers relevant to carry

3 out this section.

4 (B) GRANT CONDITIONS.—As a condition

5 of awarding a grant under this section, the Ad6 ministrator may, on the basis of the criteria

7 considered under subparagraph (A), attach

8 such conditions to the grant as the Adminis9 trator determines appropriate.

10 (4) GRANT AMOUNT.—The amount of a grant

11 awarded to any State or local government under

12 subsection (a) for inventory and site assessment of

13 1 or more brownfield sites shall not exceed

14 $200,000.

15 (5) WAIVER.—The Administrator may waive an

16 amount limitation under this paragraph based on

17 the anticipated level of contamination, size, status of

18 ownership, number of brownfield sites, or any other

19 factor relating to the facility that the Administrator

20 considers appropriate, taking into consideration the

21 impact of the increase on the Administrator’s ability

22 to provide grants at other facilities.

23 (6) TERMINATION OF GRANTS.—If the Admin24 istrator determines that a State or local government

25 that receives a grant under this subsection is in vio-
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1 lation of a condition of a grant referred to in para2 graph (3)(B), the Administrator may terminate the

3 grant made to the State or local government and re4 quire full or partial repayment of the grant.

5 SEC. 103. GRANTS FOR REVOLVING LOAN PROGRAMS.

6 (a) IN GENERAL.—

7 (1) ESTABLISHMENT.—The Administrator shall

8 establish a program to award grants to be used by

9 State or local governments to capitalize revolving

10 loan funds for the cleanup of brownfield sites.

11 (2) LOANS.—The loans may be provided by the

12 State or local government to finance cleanups of

13 brownfield sites by the State or local government, or

14 by an owner or a prospective purchaser of a

15 brownfield site (including a local government) at

16 which a cleanup is being conducted or is proposed to

17 be conducted.

18 (b) SCOPE OF PROGRAM.—

19 (1) IN GENERAL.—

20 (A) GRANTS.—In carrying out subsection

21 (a), the Administrator may award a grant to a

22 State or local government that submits an ap23 plication to the Administrator that is approved

24 by the Administrator.
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1 (B) USE OF GRANT.—The grant shall be

2 used by the State or local government to cap3 italize a revolving loan fund to be used for

4 cleanup of 1 or more brownfield sites.

5 (C) GRANT APPLICATION.—An application

6 for a grant under this section shall be in such

7 form as the Administrator determines appro8 priate. At a minimum, the application shall in9 clude the following:

10 (i) Evidence that the grant applicant

11 has the financial controls and resources to

12 administer a revolving loan fund in accord13 ance with this title.

14 (ii) Provisions that—

15 (I) ensure that the grant appli16 cant has the ability to monitor the use

17 of funds provided to loan recipients

18 under this title;

19 (II) ensure that any cleanup con20 ducted by the applicant is protective

21 of human health and the environment;

22 and

23 (III) ensure that any cleanup

24 funded under this Act will comply
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1 with all applicable Federal and State

2 laws that apply to the cleanup.

3 (iii) Identification of the criteria to be

4 used by the State or local government in

5 providing for loans under the program.

6 The criteria shall include the financial

7 standing of the applicants for the loans,

8 the use to which the loans will be put, the

9 provisions to be used to ensure repayment

10 of the loan funds, and the following:

11 (I) A complete description of the

12 financial standing of the applicant

13 that includes a description of the as14 sets, cash flow, and liabilities of the

15 applicant.

16 (II) A written statement that at17 tests that the cleanup of the site

18 would not occur without access to the

19 revolving loan fund.

20 (III) The proposed method, and

21 anticipated period of time required, to

22 clean up the environmental contami23 nation at the brownfield site.
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1 (IV) An estimate of the proposed

2 total cost of the cleanup to be con3 ducted at the brownfield site.

4 (V) An analysis that dem5 onstrates the potential of the

6 brownfield site for stimulating eco7 nomic development or other beneficial

8 use on completion of the cleanup of

9 the brownfield site.

10 (2) GRANT APPROVAL.—In determining wheth11 er to award a grant under this section, the Adminis12 trator shall consider—

13 (A) the need of the State or local govern14 ment for financial assistance to clean up

15 brownfield sites that are the subject of the ap16 plication, taking into consideration the financial

17 resources available to the State or local govern18 ment;

19 (B) the ability of the State or local govern20 ment to ensure that the applicants repay the

21 loans in a timely manner;

22 (C) the extent to which the cleanup of the

23 brownfield site or sites would reduce health and

24 environmental risks caused by the release of
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1 contaminants at, or from, the brownfield site or

2 sites;

3 (D) the demonstrable potential of the

4 brownfield site or sites for stimulating economic

5 development on completion of the cleanup;

6 (E) the demonstrated ability of the State

7 or local government to administer such a loan

8 program;

9 (F) the demonstrated experience of the

10 State or local government regarding brownfield

11 sites and the reuse of contaminated land, in12 cluding whether the government has received

13 any grant under the Comprehensive Environ14 mental Response, Compensation, and Liability

15 Act of 1980 (42 U.S.C. 9601 et seq.) to assess

16 brownfield sites, except that applicants who

17 have not previously received such a grant may

18 be considered for awards under this section;

19 (G) the efficiency of having the loan ad20 ministered by the level of government rep21 resented by the applicant entity;

22 (H) the experience of administering any

23 loan programs by the entity, including the loan

24 repayment rates;
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1 (I) the demonstrations made regarding the

2 ability of the State or local government to en3 sure a fair distribution of grant funds among

4 brownfield sites within the jurisdiction of the

5 State or local government; and

6 (J) such other factors as the Administrator

7 considers relevant to carry out this section.

8 (3) GRANT AMOUNT.—The amount of a grant

9 made to a State or local applicant under this section

10 shall not exceed $500,000.

11 (4) WAIVER.—The Administrator may waive an

12 amount limitation under this paragraph based on

13 the anticipated level of contamination, size, status of

14 ownership, number of brownfield sites, or any other

15 factor relating to the facility that the Administrator

16 considers appropriate, taking into consideration the

17 impact of the increase on the Administrator’s ability

18 to provide grants at other facilities.

19 (5) REVOLVING LOAN FUND APPROVAL.—Each

20 application for a grant to capitalize a revolving loan

21 fund under this section shall, as a condition of ap22 proval by the Administrator, include a written state23 ment by the State or local government that cleanups

24 to be funded under the loan program of the State

25 or local government shall be conducted under the
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1 auspices of, and in compliance with, the State vol2 untary cleanup program or State Superfund pro3 gram or Federal authority.

4 (c) GRANT AGREEMENTS.—Each grant under this

5 section for a revolving loan fund shall be made pursuant

6 to a grant agreement. At a minimum, the grant agreement

7 shall include provisions that ensure the following:

8 (1) COMPLIANCE WITH LAW.—The grant recipi9 ent will include in all loan agreements a requirement

10 that the loan recipient shall comply with all Federal

11 and State laws applicable to the cleanup and shall

12 ensure that the cleanup is protective of human

13 health and the environment.

14 (2) REPAYMENT.—The State or local govern15 ment will require repayment of the loan consistent

16 with this title.

17 (3) USE OF FUNDS.—The State or local govern18 ment will use the funds solely for purposes of estab19 lishing and capitalizing a loan program in accord20 ance with this title and of cleaning up the environ21 mental contamination at the brownfield site or sites.

22 (4) REPAYMENT OF FUNDS.—The State or local

23 government will require in each loan agreement, and

24 take necessary steps to ensure, that the loan recipi25 ent will use the loan funds solely for the purposes
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1 stated in paragraph (3), and will require the return

2 of any excess funds immediately on a determination

3 by the appropriate State or local official that the

4 cleanup has been completed.

5 (5) NONTRANSFERABILITY.—The funds will not

6 be transferable, unless the Administrator agrees to

7 the transfer in writing.

8 (6) LIENS.—

9 (A) DEFINITIONS.—In this paragraph, the

10 terms ‘‘security interest’’ and ‘‘purchaser’’ have

11 the meanings given the terms in section

12 6323(h) of the Internal Revenue Code of 1986.

13 (B) LIENS.—A lien in favor of the grant

14 recipient shall arise on the contaminated prop15 erty subject to a loan under this section.

16 (C) COVERAGE.—The lien shall cover all

17 real property included in the legal description of

18 the property at the time the loan agreement

19 provided for in this section is signed, and all

20 rights to the property, and shall continue until

21 the terms and conditions of the loan agreement

22 have been fully satisfied.

23 (D) TIMING.—The lien shall—

24 (i) arise at the time a security interest

25 is appropriately recorded in the real prop-
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1 erty records of the appropriate office of the

2 State, county, or other governmental sub3 division, as designated by State law, in

4 which the real property subject to the lien

5 is located; and

6 (ii) be subject to the rights of any

7 purchaser, holder of a security interest, or

8 judgment lien creditor whose interest is or

9 has been perfected under applicable State

10 law before the notice has been filed in the

11 appropriate office of the State, county, or

12 other governmental subdivision, as des13 ignated by State law, in which the real

14 property subject to the lien is located.

15 (7) OTHER CONDITIONS.—The State or local

16 government will comply with such other terms and

17 conditions as the Administrator determines are nec18 essary to protect the financial interests of the

19 United States and to protect human health and the

20 environment.

21 (d) AUDITS.—

22 (1) IN GENERAL.—The Inspector General of

23 the Environmental Protection Agency shall audit a

24 portion of the grants awarded under this section to
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1 ensure that all funds are used for the purposes set

2 forth in this section.

3 (2) FUTURE GRANTS.—The result of the audit

4 shall be taken into account in awarding any future

5 grants to the State or local government.

6 SEC. 104. RESEARCH, DEVELOPMENT, DEMONSTRATION,

7 AND TRAINING.

8 Section 311 of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42

10 U.S.C. 9660) is amended by striking subsection (c) and

11 inserting the following:

12 ‘‘(c) HAZARDOUS SUBSTANCE RESEARCH, DEVELOP13 MENT, DEMONSTRATION, AND TRAINING.—

14 ‘‘(1) IN GENERAL.—The Administrator may

15 conduct and, through grants, cooperative agree16 ments, contracts, and the provision of technical as17 sistance, may support, research, development, dem18 onstration, and training relating to the detection, as19 sessment, remediation, and evaluation of the effects

20 on and risks to human health and the environment

21 from hazardous substances.

22 ‘‘(2) ELIGIBILITY.—The Administrator may

23 award grants and cooperative agreements, or con24 tracts or provide technical assistance under this sub25 section to a State, Indian tribe, consortium of In-
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1 dian tribes, interstate agency, political subdivision of

2 a State, educational institution, or other agency or

3 organization for the development and implementa4 tion of training, technology transfer, and informa5 tion dissemination programs to strengthen environ6 mental response activities, including enforcement, at

7 the Federal, State, tribal and local levels.

8 ‘‘(3) REQUIREMENTS.—The Administrator may

9 establish such requirements for grants and coopera10 tive agreements under this subsection as the Admin11 istrator considers to be appropriate.’’.

12 SEC. 105. FINANCIAL ASSISTANCE FOR TRAINING.

13 Section 117 of the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42

15 U.S.C. 9617) is amended by adding at the end the follow16 ing:

17 ‘‘(f) FINANCIAL ASSISTANCE FOR TRAINING.—

18 ‘‘(1) IN GENERAL.—The Administrator shall

19 carry out a program to provide financial assistance

20 for brownfield training programs.

21 ‘‘(2) PURPOSES.—Assistance provided under

22 this section may be used for—

23 ‘‘(A) expansion of environmental training

24 and curriculum development at colleges located

25 near brownfield sites;
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1 ‘‘(B) establishment of environmental edu2 cation and training centers or other community3 based job training organizations; and

4 ‘‘(C) such other related activities as the

5 Administrator considers to be appropriate.

6 ‘‘(3) FORM OF ASSISTANCE.—The Adminis7 trator may provide grants and such other forms of

8 assistance under this section as the Administrator

9 considers to be appropriate.’’.

10 SEC. 106. EXPENDITURES FROM THE SUPERFUND.

11 Amounts in the Hazardous Substance Superfund es12 tablished by section 9507 of the Internal Revenue Code

13 of 1986 shall be made available consistent with, and for

14 the purposes of carrying out, the programs established

15 under sections 102, 103, 104, and 105.

16 SEC. 107. REPORTS.

17 (a) IN GENERAL.—Not later than 1 year after the

18 date of enactment of this Act, and not later than January

19 31 of each of the 3 calendar years thereafter, the Adminis20 trator shall prepare and submit a report describing the

21 results of each program established under this title to—

22 (1) the Committee on Environment and Public

23 Works of the Senate; and

24 (2) the Committee on Commerce of the House

25 of Representatives.
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1 (b) CONTENTS OF REPORT.—Each report shall, with

2 respect to each of the programs established under this

3 title, include a description of—

4 (1) the number of applications received by the

5 Administrator during the preceding calendar year;

6 (2) the number of applications approved by the

7 Administrator during the preceding calendar year;

8 and

9 (3) the allocation of assistance under sections

10 102 and 103 among the States and local govern11 ments.

12 SEC. 108. LIMITATIONS ON USE OF FUNDS.

13 (a) EXCLUDED FACILITIES.—A grant for site inven14 tory and assessment under section 102 or to capitalize a

15 revolving loan fund under section 103 may not be used

16 for any activity involving—

17 (1) a facility that is the subject of a planned or

18 an ongoing response action under the Comprehensive

19 Environmental Response, Compensation, and Liabil20 ity Act of 1980 (42 U.S.C. 9601 et seq.), except for

21 a facility for which a preliminary assessment, site in22 vestigation, or removal action has been completed

23 and with respect to which the Administrator has de24 cided not to take further response action, including

25 cost recovery action;
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1 (2) a facility included, or proposed for inclu2 sion, on the National Priorities List maintained by

3 the Administrator under the Comprehensive Envi4 ronmental Response, Compensation, and Liability

5 Act of 1980 (42 U.S.C. 9601 et seq.);

6 (3) a facility with respect to which a record of

7 decision, other than a no-action record of decision,

8 has been issued by the President under section 104

9 of the Comprehensive Environmental Response,

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

11 9604) with respect to the facility;

12 (4) a facility that is subject to corrective action

13 under section 3004(u) or 3008(h) of the Solid Waste

14 Disposal Act (42 U.S.C. 6924(u), 6928(h)) to which

15 a corrective action permit or order has been issued

16 or modified to require the implementation of correc17 tive measures;

18 (5) any land disposal unit with respect to which

19 a closure notification under subtitle C of the Solid

20 Waste Disposal Act (42 U.S.C. 6921 et seq.) has

21 been submitted and closure requirements have been

22 specified in a closure plan or permit;

23 (6) a facility at which there has been a release

24 of a polychlorinated biphenyl and that is subject to
28

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1 the Toxic Substances Control Act (15 U.S.C. 2601

2 et seq.);

3 (7) a facility with respect to which an adminis4 trative or judical order or a consent decree requiring

5 cleanup has been issued or entered into by the Presi6 dent and is in effect under—

7 (A) the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of

9 1980 (42 U.S.C. 9601 et seq.);

10 (B) the Solid Waste Disposal Act (42

11 U.S.C. 6901 et seq.);

12 (C) the Federal Water Pollution Control

13 Act (33 U.S.C. 1251 et seq.);

14 (D) the Toxic Substances Control Act (15

15 U.S.C. 2601 et seq.); or

16 (E) the Safe Drinking Water Act (42

17 U.S.C. 300f et seq.);

18 (8) a facility at which assistance for response

19 activities may be obtained under subtitle I of the

20 Solid Waste Disposal Act (42 U.S.C. 6991 et seq.)

21 from the Leaking Underground Storage Tank Trust

22 Fund established by section 9508 of the Internal

23 Revenue Code of 1986; and

24 (9) a facility owned or operated by a depart25 ment, agency, or instrumentality of the United
29

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1 States, except for land held in trust by the United

2 States for an Indian tribe.

3 (b) FINES AND COST-SHARING.—A grant made

4 under this title may not be used to pay any fine or penalty

5 owed to a State or the Federal Government, or to meet

6 any Federal cost-sharing requirement.

7 (c) OTHER LIMITATIONS.—

8 (1) IN GENERAL.—Funds made available to a

9 State or local government under the grant programs

10 established under sections 102 and 103 shall be used

11 only to inventory and assess brownfield sites as au12 thorized by this title and for capitalizing a revolving

13 loan fund as authorized by this title, respectively.

14 (2) RESPONSIBILITY FOR CLEANUP ACTION.—

15 Funds made available under this title may not be

16 used to relieve a local government or State of the

17 commitment or responsibilities of the local govern18 ment or State under State law to assist or carry out

19 cleanup actions at brownfield sites.

20 SEC. 109. EFFECT ON OTHER LAWS.

21 Nothing in this title affects the liability or response

22 authorities for environmental contamination under any

23 other law (including any regulation), including—
30

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1 (1) the Comprehensive Environmental Re2 sponse, Compensation, and Liability Act of 1980 (42

3 U.S.C. 9601 et seq.);

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

5 6901 et seq.);

6 (3) the Federal Water Pollution Control Act

7 (33 U.S.C. 1251 et seq.);

8 (4) the Toxic Substances Control Act (15

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

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

11 300f et seq.).

12 SEC. 110. REGULATIONS.

13 (a) IN GENERAL.—The Administrator may issue

14 such regulations as are necessary to carry out this title.

15 (b) PROCEDURES AND STANDARDS.—The regulations

16 shall include such procedures and standards as the Admin17 istrator considers necessary, including procedures and

18 standards for evaluating an application for a grant or loan

19 submitted under this title.

20 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

21 (a) THIS ACT.—

22 (1) INVENTORY AND ASSESSMENT PROGRAM.—

23 There is authorized to be appropriated to carry out

24 section 102 $35,000,000 for each of fiscal years

25 1999 through 2003.
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1 (2) GRANTS FOR REVOLVING LOAN PRO2 GRAMS.—There is authorized to be appropriated to

3 carry out section 103 $50,000,000 for each of fiscal

4 years 1999 through 2003.

5 (3) AVAILABILITY OF FUNDS.—The amounts

6 appropriated under this subsection shall remain

7 available until expended.

8 (b) CERCLA.—Section 111 of the Comprehensive

9 Environmental Response, Compensation, and Liability Act

10 of 1980 (42 U.S.C. 9611) is amended by adding at the

11 end the following:

12 ‘‘(q) BROWNFIELDS.—

13 ‘‘(1) ASSISTANCE FOR HAZARDOUS SUBSTANCE

14 RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

15 TRAINING.—There is authorized to be appropriated

16 to carry out section 311(c) $9,000,000 for each of

17 fiscal years 1999 through 2003.

18 ‘‘(2) ASSISTANCE FOR WORKFORCE TRAIN19 ING.—There is authorized to be appropriated to

20 carry out section 117(f) $5,000,000 for each of fis21 cal years 1999 through 2003.

22 ‘‘(3) AVAILABILITY OF FUNDS.—The amounts

23 appropriated under this subsection shall remain

24 available until expended.’’.
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1 TITLE II—PROSPECTIVE

2 PURCHASERS

3 SEC. 201. LIMITATIONS ON LIABILITY FOR RESPONSE

4 COSTS FOR PROSPECTIVE PURCHASERS.

5 (a) LIMITATIONS ON LIABILITY.—Section 107 of the

6 Comprehensive Environmental Response, Compensation,

7 and Liability Act of 1980 (42 U.S.C. 9607) is amended

8 by adding at the end the following:

9 ‘‘(o) LIMITATIONS ON LIABILITY FOR PROSPECTIVE

10 PURCHASERS.—Notwithstanding paragraphs (1) through

11 (4) of subsection (a), to the extent the liability of a person,

12 with respect to a release or the threat of a release from

13 a facility, is based solely on subsection (a)(1), the person

14 shall not be liable under this Act (except to the extent

15 necessary to enforce a lien under subsection (p)) if the

16 person—

17 ‘‘(1) is a bona fide prospective purchaser of the

18 facility; and

19 ‘‘(2) does not impede the performance of any

20 response action or natural resource restoration at a

21 facility.’’.

22 (b) PROSPECTIVE PURCHASER AND WINDFALL

23 LIEN.—Section 107 of the Comprehensive Environmental

24 Response, Compensation, and Liability Act of 1980 (as
33

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1 amended by subsection (a)) is amended by inserting after

2 subsection (o) the following:

3 ‘‘(p) PROSPECTIVE PURCHASER AND WINDFALL

4 LIEN.—

5 ‘‘(1) IN GENERAL.—In any case in which the

6 United States has incurred unrecovered response

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

8 is not liable by reason of subsection (o), and the con9 ditions described in paragraph (3) are met, the

10 United States shall have a lien on the facility, or

11 may obtain, from the appropriate responsible party

12 or parties, a lien on other property or other assur13 ances of payment satisfactory to the Administrator,

14 for the unrecovered costs.

15 ‘‘(2) AMOUNT; DURATION.—The lien—

16 ‘‘(A) shall be for 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 subsequent sale or other disposition

20 of the property;

21 ‘‘(B) shall arise at the time costs are first

22 incurred by the United States with respect to a

23 response action at the facility;
34

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

2 for notice and validity specified in subsection

3 (l)(3); and

4 ‘‘(D) shall continue until the earlier of sat5 isfaction of the lien or recovery of all response

6 costs incurred at the facility.

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

8 in paragraph (1) are the following:

9 ‘‘(A) RESPONSE ACTION.—A response ac10 tion for which the United States has incurred

11 unrecovered costs is carried out at the facility.

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

13 action increases the fair market value of the fa14 cility above the fair market value of the facility

15 that existed on the date that is 180 days before

16 the response action was commenced.’’.

17 (c) DEFINITION OF BONA FIDE PROSPECTIVE PUR18 CHASER.—

19 (1) IN GENERAL.—Section 101 of the Com20 prehensive Environmental Response, Compensation,

21 and Liability Act of 1980 (42 U.S.C. 9601) is

22 amended by adding at the end the following:

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

24 The term ‘bona fide prospective purchaser’ means a

25 person who acquires ownership of a facility after the
35

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1 date of enactment of the Brownfields and Environ2 mental Cleanup Act of 1999, or a tenant of such a

3 person, who can establish each of the following by a

4 preponderance of the evidence:

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

6 All active disposal of hazardous substances at

7 the facility occurred before the person acquired

8 the facility.

9 ‘‘(B) INQUIRY.—

10 ‘‘(i) IN GENERAL.—The person made

11 all appropriate inquiry into the previous

12 ownership and uses of the facility in ac13 cordance with generally accepted good

14 commercial and customary standards and

15 practices.

16 ‘‘(ii) STANDARDS.—The standards

17 and practices referred to in clause (ii) of

18 paragraph (35)(B) or those issued or des19 ignated by the Administrator under that

20 clause shall satisfy the requirements of this

21 subparagraph.

22 ‘‘(iii) RESIDENTIAL PROPERTY.—In

23 the case of property in residential or other

24 similar use at the time of purchase by a

25 nongovernmental or noncommercial entity,
36

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1 a site inspection and title search that re2 veal no basis for further investigation shall

3 satisfy the requirements of this subpara4 graph.

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

6 legally required notices with respect to the dis7 covery or release of any hazardous substances

8 at the facility.

9 ‘‘(D) CARE.—The person exercised appro10 priate care with respect to hazardous sub11 stances found at the facility by taking reason12 able steps to—

13 ‘‘(i) stop ongoing releases;

14 ‘‘(ii) prevent threatened future re15 leases of hazardous substances; and

16 ‘‘(iii) prevent or limit human, environ17 mental, or natural resource exposure to

18 hazardous substances previously released

19 into the environment.

20 ‘‘(E) COOPERATION, ASSISTANCE, AND AC21 CESS.—The person—

22 ‘‘(i) provides full cooperation, assist23 ance, and access to the persons that are

24 authorized to conduct the response and

25 restoration actions at the facility, including
37

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1 the cooperation and access necessary for

2 the assessment of contamination, installa3 tion, preservation of integrity, operation,

4 and maintenance of any complete or par5 tial response action at the facility;

6 ‘‘(ii) has fully complied and is in full

7 compliance with any land use or activity

8 restrictions on the property established or

9 relied on in connection with a response ac10 tion at the facility, including informing any

11 other party that the person allows to oc12 cupy or use the property of the restrictions

13 and taking prompt action to correct any

14 noncompliance by the party;

15 ‘‘(iii) is in compliance with all infor16 mation requests, administrative subpoenas,

17 and discovery requests issued by the Presi18 dent in connection with the facility; and

19 ‘‘(iv) has provided full cooperation

20 and assistance to the President in identify21 ing and locating potentially responsible

22 parties or other persons that previously

23 owned, operated, or otherwise controlled

24 activities at the vessel or facility.
38

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1 ‘‘(F) RELATIONSHIP.—The person is not

2 liable or affiliated with any other person that is

3 potentially liable, for response costs at the facil4 ity, through any direct or indirect familial rela5 tionship, or any contractual, corporate, or fi6 nancial relationship other than that created by

7 the instruments by which title to the facility is

8 conveyed or financed.’’.

9 (2) REGULATORY AUTHORITY.—

10 (A) IN GENERAL.—The Administrator of

11 the Environmental Protection Agency may—

12 (i) issue such regulations as the Ad13 ministrator considers necessary to carry

14 out the amendment made by this sub15 section; and

16 (ii) assign any duties or powers im17 posed on or assigned to the Administrator

18 by the amendment made by this sub19 section.

20 (B) AUTHORITY TO CLARIFY AND IMPLE21 MENT.—The authority under subparagraph (A)

22 includes authority to clarify or interpret all

23 terms, including the terms used in this sub24 section, and to implement any provision of the

25 amendment made by this subsection.
39

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1 TITLE III—INNOCENT

2 LANDOWNERS

3 SEC. 301. INNOCENT LANDOWNERS.

4 (a) KNOWLEDGE OF INQUIRY REQUIREMENT.—Sec5 tion 101(35) of the Comprehensive Environmental Re6 sponse, Compensation, and Liability Act of 1980 (42

7 U.S.C. 9601(35)) is amended by striking subparagraph

8 (B) and inserting the following:

9 ‘‘(B) KNOWLEDGE OF INQUIRY REQUIRE10 MENT.—

11 ‘‘(i) DEFINITION OF CONTAMINA12 TION.—In this subparagraph, the term

13 ‘contamination’ means an existing release,

14 a past release, or the threat of a release of

15 a hazardous substance.

16 ‘‘(ii) REQUIREMENT.—

17 ‘‘(I) INQUIRY.—To establish that

18 the defendant had no reason to know

19 (under subparagraph (A)(i)), the de20 fendant must have made, at the time

21 of the acquisition, all appropriate in22 quiry (as well as comply with clause

23 (vii)) into the previous ownership and

24 uses of the facility, consistent with
40

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1 good commercial or customary prac2 tice in an effort to minimize liability.

3 ‘‘(II) CONSIDERATIONS.—For the

4 purpose of subclause (I) and until the

5 President issues or designates stand6 ards as provided in clause (iv), the

7 court shall take into account—

8 ‘‘(aa) any specialized knowl9 edge or experience on the part of

10 the defendant;

11 ‘‘(bb) the relationship of the

12 purchase price to the value of the

13 property if uncontaminated;

14 ‘‘(cc) commonly known or

15 reasonably ascertainable informa16 tion about the property;

17 ‘‘(dd) the obviousness of the

18 presence or likely presence of

19 contamination at the property;

20 and

21 ‘‘(ee) the ability to detect

22 the contamination by appropriate

23 investigation.

24 ‘‘(iii) CONDUCT OF ENVIRONMENTAL

25 ASSESSMENT.—A person who has acquired
41

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1 real property shall be considered to have

2 made all appropriate inquiry within the

3 meaning of clause (ii)(I) if—

4 ‘‘(I) the person establishes that,

5 within 180 days prior to the date of

6 acquisition, an environmental site as7 sessment of the real property was con8 ducted that meets the requirements of

9 clause (iv); and

10 ‘‘(II) the person complies with

11 clause (vii).

12 ‘‘(iv) ENVIRONMENTAL SITE ASSESS13 MENT.—

14 ‘‘(I) IN GENERAL.—An environ15 mental site assessment meets the re16 quirements of this clause if the assess17 ment is conducted in accordance with

18 the standards set forth in the Amer19 ican Society for Testing and Materials

20 (ASTM) Standard E1527–94, titled

21 ‘Standard Practice for Environmental

22 Site Assessments: Phase I Environ23 mental Site Assessment Process’ or

24 with any alternative standards issued

25 by regulation by the President or
42

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1 issued or developed by other entities

2 and designated by regulation by the

3 President.

4 ‘‘(II) STUDY OF PRACTICES.—

5 Before issuing or designating alter6 native standards under subclause (I),

7 the President shall conduct a study of

8 commercial and industrial practices

9 concerning environmental site assess10 ments in the transfer of real property

11 in the United States.

12 ‘‘(v) CONSIDERATIONS IN ISSUING

13 STANDARDS.—In issuing or designating

14 any standards under clause (iv), the Presi15 dent shall consider requirements governing

16 each of the following:

17 ‘‘(I) Conduct of an inquiry by an

18 environmental professional.

19 ‘‘(II) Interviews of each owner,

20 operator, and occupant of the prop21 erty to determine information regard22 ing the potential for contamination.

23 ‘‘(III) Review of historical

24 sources as necessary to determine

25 each previous use and occupancy of
43

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1 the property since the property was

2 first developed. In this subclause, the

3 term ‘historical sources’ means any of

4 the following, if reasonably ascertain5 able: each recorded chain of title doc6 ument regarding the real property, in7 cluding each deed, easement, lease, re8 striction, and covenant, any aerial

9 photograph, fire insurance map, prop10 erty tax file, United States Geological

11 Survey 7.5 minutes topographic map,

12 local street directory, building depart13 ment record, and zoning/land use

14 record, and any other source that

15 identifies a past use or occupancy of

16 the property.

17 ‘‘(IV) Determination of the exist18 ence of any recorded environmental

19 cleanup lien against the real property

20 that has arisen under any Federal,

21 State, or local law.

22 ‘‘(V) Review of reasonably ascer23 tainable Federal, State, and local gov24 ernment records of any facility that is

25 likely to cause or contribute to con-
44

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1 tamination at the real property, in2 cluding, as appropriate—

3 ‘‘(aa) any investigation re4 port for the facility;

5 ‘‘(bb) any record of activities

6 likely to cause or contribute to

7 contamination at the real prop8 erty, including any landfill or

9 other disposal location record,

10 underground storage tank record,

11 hazardous waste handler and

12 generator record, and spill re13 porting record; and

14 ‘‘(cc) any other reasonably

15 ascertainable Federal, State, and

16 local government environmental

17 record that could reflect an inci18 dent or activity that is likely to

19 cause or contribute to contamina20 tion at the real property.

21 ‘‘(VI) A visual site inspection of

22 the real property and each facility and

23 improvement on the real property and

24 a visual site inspection of each imme25 diately adjacent property, including an
45

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1 investigation of any hazardous sub2 stance use, storage, treatment, or dis3 posal practice on the property.

4 ‘‘(VII) Any specialized knowledge

5 or experience on the part of the per6 son that acquired the property.

7 ‘‘(VIII) The relationship of the

8 purchase price to the value of the

9 property if uncontaminated.

10 ‘‘(IX) Commonly known or rea11 sonably ascertainable information

12 about the property.

13 ‘‘(X) The obviousness of the

14 presence or likely presence of contami15 nation at the property, and the ability

16 to detect the contamination by appro17 priate investigation.

18 ‘‘(vi) REASONABLY ASCERTAIN19 ABLE.—A record shall be considered to be

20 reasonably ascertainable for purposes of

21 clause (v) if a copy or reasonable facsimile

22 of the record is publicly available by re23 quest (within reasonable time and cost con24 straints) and the record is practicably re25 viewable.
46

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1 ‘‘(vii) APPROPRIATE INQUIRY.—A per2 son shall not be treated as having made all

3 appropriate inquiry under clause (ii)(I)

4 unless—

5 ‘‘(I) the person has maintained a

6 compilation of the information re7 viewed and gathered in the course of

8 any environmental site assessment;

9 ‘‘(II) the person exercised appro10 priate care with respect to hazardous

11 substances found at the facility by

12 taking reasonable steps to—

13 ‘‘(aa) stop ongoing releases

14 of hazardous substances;

15 ‘‘(bb) prevent threatened fu16 ture releases of hazardous sub17 stances; and

18 ‘‘(cc) prevent or limit

19 human, environmental, or natural

20 resource exposure to hazardous

21 substances previously released

22 into the environment;

23 ‘‘(III) the person provides full co24 operation, assistance, and facility ac25 cess to such persons as are authorized
47

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1 to conduct response actions at the fa2 cility, including the cooperation and

3 access necessary for the installation,

4 integrity, operation, and maintenance

5 of any complete or partial response

6 action at the facility; and

7 ‘‘(IV) the person has fully com8 plied with and is in full compliance

9 with any land use or activity restric10 tions on the property established or

11 relied on in connection with a re12 sponse action at the facility, including

13 informing any other party that the

14 person allows to occupy or use the

15 property of such restrictions and tak16 ing prompt action to correct any non17 compliance by such parties.

18 ‘‘(viii) SITE INSPECTION AND TITLE

19 SEARCH.—In the case of property for resi20 dential use or other similar use purchased

21 by a nongovernmental or noncommercial

22 entity, a site inspection and title search

23 that reveal no basis for further investiga24 tion shall satisfy the requirements of

25 clause (ii).’’.
48

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1 (b) REGULATORY AUTHORITY.—

2 (1) IN GENERAL.—The Administrator of the

3 Environmental Protection Agency may—

4 (A) issue such regulations as the Adminis5 trator considers necessary to carry out the

6 amendment made by this section; and

7 (B) assign any duties or powers imposed

8 on or assigned to the Administrator by the

9 amendment made by this section.

10 (2) AUTHORITY TO CLARIFY AND IMPLE11 MENT.—The authority under paragraph (1) includes

12 authority to clarify or interpret all terms, including

13 the terms used in this section, and to implement any

14 provision of the amendment made by this section.

15 TITLE IV—CONTIGUOUS

16 PROPERTIES

17 SEC. 401. CONTIGUOUS PROPERTIES.

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

19 Environmental Response, Compensation, and Liability Act

20 of 1980 (42 U.S.C. 9607) (as amended by section 201(b))

21 is amended by adding at the end the following:

22 ‘‘(q) CONTIGUOUS PROPERTIES.—

23 ‘‘(1) IN GENERAL.—A person that owns or op24 erates real property that is contiguous to or other25 wise similarly situated with respect to real property
49

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1 on or under which there has been a release or

2 threatened release of a hazardous substance and

3 that is or may be contaminated by the release shall

4 not be considered to be an owner or operator of a

5 vessel or facility under paragraph (1) or (2) of sub6 section (a) solely by reason of the contamination if—

7 ‘‘(A) the person did not cause, contribute,

8 or consent to the release or threatened release;

9 ‘‘(B) the person is not affiliated with any

10 other person that is liable or potentially liable

11 for any response costs at the facility;

12 ‘‘(C) the person exercised appropriate care

13 with respect to hazardous substances found at

14 the facility by taking reasonable steps to—

15 ‘‘(i) stop ongoing releases;

16 ‘‘(ii) prevent threatened future re17 leases of hazardous substances; and

18 ‘‘(iii) prevent or limit human, environ19 mental, or natural resource exposure to

20 hazardous substances previously released

21 into the environment;

22 ‘‘(D) the person provides full cooperation,

23 assistance, and access to the persons that are

24 authorized to conduct the response and restora25 tion actions at the facility, including the co-
50

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1 operation and access necessary for the assess2 ment of contamination, or installation, preser3 vation of integrity, operation, and maintenance

4 of any complete or partial response action at

5 the facility; and

6 ‘‘(E) the person has fully complied and is

7 in full compliance with any land use or activity

8 restrictions on the property established or relied

9 on in connection with a response action at the

10 facility, including informing any other party

11 that the person allows to occupy or use the

12 property of the restrictions and taking prompt

13 action to correct any noncompliance by the

14 party.

15 ‘‘(2) ASSURANCES.—The President may issue

16 an assurance that no enforcement action under this

17 Act will be initiated against a person described in

18 paragraph (1).’’.

19 (b) REGULATORY AUTHORITY.—

20 (1) IN GENERAL.—The Administrator of the

21 Environmental Protection Agency may—

22 (A) issue such regulations as the Adminis23 trator considers necessary to carry out the

24 amendment made by this section; and
51

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1 (B) assign any duties or powers imposed

2 on or assigned to the Administrator by the

3 amendment made by this section.

4 (2) AUTHORITY TO CLARIFY AND IMPLE5 MENT.—The authority under paragraph (1) includes

6 authority to clarify or interpret all terms, including

7 the terms used in this section, and to implement any

8 provision of the amendment made by this section.

Æ