I

103D CONGRESS

1ST SESSION H. R. 2242

To require the Administrator of the Environmental Protection Agency to

establish a program to encourage voluntary environmental cleanup of

facilities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 1993

Mr. SWIFT introduced the following bill; which was referred to the Committee

on Energy and Commerce

A BILL

To require the Administrator of the Environmental Protection Agency to establish a program to encourage voluntary environmental cleanup of facilities, 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.

4 This Act may be cited as the ‘‘Voluntary Environ5 mental Cleanup Act of 1993’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:
2

•HR 2242 IH

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency.

4 (2) AFFECTED SITE.—

5 (A) IN GENERAL.—The term ‘‘affected

6 site’’ means a facility in a State that is deter7 mined by the State to have environmental con8 tamination that—

9 (i) could prevent the timely use, devel10 opment, or reuse of the facility; and

11 (ii) is limited in scope and can be

12 comprehensively and readily characterized.

13 (B) EXCEPTION.—Such term shall not in14 clude—

15 (i) any facility that is the subject of a

16 planned or an ongoing response action

17 under the Comprehensive Environmental

18 Response, Compensation, and Liability Act

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

20 (ii) any facility included, or proposed

21 for inclusion, in the National Priorities

22 List maintained by the Administrator

23 under such Act;

24 (iii) any facility that is the subject of

25 a planned or ongoing corrective action
3

•HR 2242 IH

1 under section 3004(u) or 3008(h) of the

2 Solid Waste Disposal Act (42 U.S.C.

3 6924(u) or 6928(h)), including any facility

4 with respect to which a corrective action

5 permit or order has been issued or modi6 fied to require the implementation of cor7 rective measures;

8 (iv) any land disposal unit with re9 spect to which a closure notification under

10 subtitle C of the Solid Waste Disposal Act

11 (42 U.S.C. 6921 et seq.) has been submit12 ted and closure requirements have been

13 specified in a closure plan or permit;

14 (v) any facility that contains poly15 chlorinated biphenyls subject to response

16 under section 6(e) of the Toxic Substances

17 Control Act (15 U.S.C. 2605(e));

18 (vi) any facility with respect to which

19 an administrative order on consent or judi20 cial consent decree requiring cleanup has

21 been entered into by the President under

22 the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of

24 1980 (42 U.S.C. 9601 et seq.), the Solid

25 Waste Disposal Act (42 U.S.C. 6901 et
4

•HR 2242 IH

1 seq.), the Federal Water Pollution Control

2 Act (33 U.S.C. 1251 et seq.), the Toxic

3 Substances Control Act (15 U.S.C. 2601

4 et seq.) or title XIV of the Public Health

5 Service Act, commonly known as the Safe

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

7 seq.);

8 (vii) any facility owned or controlled

9 by, or that is the subject of a planned or

10 ongoing remediation of environmental con11 tamination by, a department, agency, or

12 instrumentality of the executive branch of

13 the Federal Government; and

14 (viii) any facility at which assistance

15 for response activities may be obtained

16 pursuant to subtitle I of the Solid Waste

17 Disposal Act (42 U.S.C. 6991 et seq.)

18 from the Leaking Underground Storage

19 Tank Trust Fund established under sec20 tion 9508 of the Internal Revenue Code of

21 1986.

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

23 includes any hazardous substance, as defined in sec24 tion 101(14) of the Comprehensive Environmental

25 Response, Compensation, and Liability Act of 1980
5

•HR 2242 IH

1 (42 U.S.C. 9601(14)) and petroleum-contaminated

2 soil or debris.

3 (4) CURRENT OWNER.—The term ‘‘current

4 owner’’ means, with respect to a voluntary cleanup

5 of an affected site, an owner of the site that is an

6 owner at the time of the cleanup.

7 (5) DISPOSAL.—The term ‘‘disposal’’ has the

8 meaning provided the term in section 1004(3) of the

9 Solid Waste Disposal Act (42 U.S.C. 6903(3)).

10 (6) ENVIRONMENTAL CONTAMINATION.—The

11 term ‘‘environmental contamination’’ means the ex12 istence at a facility of one or more contaminants

13 that may pose a health or environmental risk.

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

15 meaning provided the term in section 101(9) of the

16 Comprehensive Environmental Response, Compensa17 tion, and Liability Act of 1980 (42 U.S.C. 9601(9)).

18 (8) LOCAL GOVERNMENT.—The term ‘‘local

19 government’’ means the governing body of a political

20 subdivision of a State, including the governing body

21 of any county, parish, municipality, city, town, town22 ship, Federally recognized Indian tribe, or similar

23 governing body.

24 (9) SITE CHARACTERIZATION.—
6

•HR 2242 IH

1 (A) IN GENERAL.—The term ‘‘site charac2 terization’’ means an investigation that deter3 mines the nature and extent of environmental

4 contamination at an affected site and meets the

5 requirements referred to in subparagraph (B).

6 (B) INVESTIGATION.—For the purposes of

7 this paragraph, an investigation that meets the

8 requirements of this subparagraph shall include

9 an onsite evaluation, and sufficient testing,

10 sampling, and other field data gathering activi11 ties, to accurately analyze whether the site is

12 contaminated and the health and environmental

13 risks posed by the environmental contamination

14 at the site. The investigation may also include

15 review of existing information (available at the

16 time of the review) and an offsite evaluation, if

17 appropriate.

18 (10) VOLUNTARY CLEANUP.—The term ‘‘vol19 untary cleanup’’ means the remediation of environ20 mental contamination at an affected site undertaken

21 and financed by a current owner or prospective pur22 chaser subject to oversight and approval by a State.

23 SEC. 3. VOLUNTARY CLEANUP GRANT PROGRAM.

24 (a) IN GENERAL.—
7

•HR 2242 IH

1 (1) ESTABLISHMENT OF GRANT PROGRAM.—

2 The Administrator shall establish a program to pro3 vide a grant to any State that submits an applica4 tion that is approved by the Administrator to estab5 lish or expand a State voluntary cleanup program

6 that meets the requirements of paragraph (3).

7 (2) CERTIFICATION.—In an application for a

8 grant under this section, a State shall be required

9 to certify that the voluntary cleanup program of the

10 State will meet the requirements of paragraph (3).

11 (3) REQUIREMENTS FOR STATE VOLUNTARY

12 CLEANUP PROGRAM.—A State voluntary cleanup

13 program meets the requirements of this paragraph if

14 the State—

15 (A) provides adequate opportunities for

16 public participation, including prior notice and

17 opportunity for comment, in selecting voluntary

18 cleanup actions;

19 (B) provides technical assistance through20 out each voluntary cleanup;

21 (C) provides adequate oversight and has

22 adequate enforcement authorities to ensure that

23 voluntary cleanups are completed in accordance

24 with all applicable Federal and State require25 ments, including any ongoing operation and
8

•HR 2242 IH

1 maintenance or long-term monitoring activities;

2 and

3 (D) requires the current owner or prospec4 tive purchaser of an affected site to pay all

5 costs incurred by the State for oversight of the

6 voluntary cleanup of the site.

7 (b) GRANT AWARDS.—

8 (1) IN GENERAL.—In carrying out the program

9 established under subsection (a), the Administrator

10 shall, subject to the availability of appropriations,

11 award a grant to the Governor of each State that

12 submits an application to the Administrator in ac13 cordance with subsection (a).

14 (2) GRANT AMOUNT.—The amount of a grant

15 awarded to any State under subsection (a) shall be

16 determined by the Administrator on the basis of the

17 financial need of the State for establishing or ex18 panding a voluntary cleanup program, and shall be

19 in an amount not less than $200,000, but not to ex20 ceed $500,000, for each fiscal year.

21 (3) REPORTING.—Each State that receives a

22 grant under subsection (a) shall submit to the Ad23 ministrator, not later than 2 years after receipt of

24 the grant, a progress report that includes a descrip-
9

•HR 2242 IH

1 tion of the cleanups made in accordance with the

2 voluntary cleanup program of the State.

3 (4) TERMINATION OF GRANTS.—If the Admin4 istrator determines that a State voluntary cleanup

5 program no longer meets the requirements of sub6 section (a)(3), the Administrator may terminate a

7 grant made to the State, and require full or partial

8 repayment of the grant award.

9 (c) STATE CERTIFICATION.—Each Governor of a

10 State that receives a grant under this section shall, not

11 later than 1 year after receipt of an initial grant, and an12 nually thereafter, submit to the Administrator a certifi13 cation that states—

14 (1) the State voluntary cleanup program meets

15 the criteria referred to in subsection (a);

16 (2) all cleanups achieved or undertaken pursu17 ant to the State voluntary cleanup program fully

18 comply with all applicable requirements of Federal

19 or State law;

20 (3) public participation opportunities have been

21 adequate during the process of selecting a cleanup

22 method for each voluntary cleanup;

23 (4) voluntary cleanups achieved or undertaken

24 pursuant to the State voluntary cleanup program

25 have been undertaken in a manner that has reduced
10

•HR 2242 IH

1 or eliminated health and environmental risks to the

2 satisfaction of the State; and

3 (5) for any voluntary cleanup initiated pursuant

4 to the State voluntary cleanup program that has in5 creased health and environmental risks, the State

6 has taken timely and appropriate steps to reduce or

7 eliminate the health and environmental risks.

8 (d) STATUTORY CONSTRUCTION.—Nothing in this

9 Act is intended—

10 (1) to impose any requirement on a State vol11 untary cleanup program existing on or after the date

12 of enactment of this Act if the Governor of the State

13 has not been awarded a grant under this section; or

14 (2) to preclude a Governor of a State with a

15 voluntary cleanup program referred to in paragraph

16 (1) from submitting an application for a grant under

17 this section.

18 SEC. 4. SITE CHARACTERIZATION GRANT PROGRAM.

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

20 a program to provide grants to local governments to con21 duct site characterizations for affected sites at which vol22 untary cleanups are being conducted or are proposed to

23 be conducted under a State voluntary cleanup program

24 that is the subject of a grant award under section 3.

25 (b) SCOPE OF PROGRAM.—
11

•HR 2242 IH

1 (1) GRANT AWARDS.—In carrying out the pro2 gram established under subsection (a), the Adminis3 trator may award a grant to the head of each local

4 government that submits to the Administrator an

5 application to conduct a site characterization at an

6 affected site within the jurisdiction of the local

7 government.

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

9 grant under this section shall—

10 (A) include a description of the affected

11 site;

12 (B) include information demonstrating the

13 financial need of the owner of the affected site

14 for funds to conduct a site characterization;

15 (C) include an analysis that demonstrates

16 the potential of the affected site for creating

17 new business and employment opportunities on

18 completion of the cleanup of the site; and

19 (D) provide such other information, and be

20 in such form, as the Administrator determines

21 appropriate to carry out this Act.

22 (3) APPROVAL OF APPLICATION.—

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

24 whether to approve an application submitted
12

•HR 2242 IH

1 under paragraph (1), the Administrator shall

2 consider—

3 (i) the financial need of the owner of

4 the affected site for funds to conduct a site

5 characterization;

6 (ii) the estimated fair market value of

7 the site after cleanup;

8 (iii) other economically viable, com9 mercial activity on real property—

10 (I) located within the immediate

11 vicinity of the affected site at the time

12 of consideration of the application; or

13 (II) projected to be located with14 in the immediate vicinity of the af15 fected site by the date that is 5 years

16 after the date of the consideration of

17 the application;

18 (iv) the potential of the affected site

19 for creating new business and employment

20 opportunities on completion of the cleanup

21 of the site;

22 (v) whether the affected site is located

23 in an economically distressed community;

24 and
13

•HR 2242 IH

1 (vi) such other factors as the Admin2 istrator considers relevant to carry out the

3 purposes of the grant program established

4 under this section.

5 (B) GRANT CONDITIONS.—As a condition

6 for awarding a grant under this section, the

7 Administrator may, on the basis of the criteria

8 considered under subparagraph (A), attach

9 such conditions to the grant award as the Ad10 ministrator determines appropriate.

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

12 awarded to any local government under subsection

13 (a) for characterization of an affected site shall not

14 exceed $100,000.

15 (5) TERMINATION OF GRANTS.—If the Admin16 istrator determines that a local government that re17 ceives a grant under this subsection is in violation

18 of a condition of a grant award referred to in para19 graph (2), the Administrator may terminate the

20 grant made to the local government and require full

21 or partial repayment of the grant award.

22 SEC. 5. VOLUNTARY CLEANUP ASSISTANCE PROGRAM.

23 (a) IN GENERAL.—

24 (1) ESTABLISHMENT OF PROGRAM.—The Ad25 ministrator shall establish a program to provide a
14

•HR 2242 IH

1 loan to be used for the cleanup of affected sites to

2 an owner or a prospective purchaser of an affected

3 site (including a local government) at which a vol4 untary cleanup is being conducted or is proposed to

5 be conducted under a State voluntary cleanup pro6 gram that is the subject of a grant award under

7 section 3.

8 (2) DISQUALIFICATION.—If the Administrator

9 determines that an applicant has adequate resources

10 to conduct, in the absence of financial assistance

11 provided under this section, a cleanup that is the

12 subject of a loan application, the Administrator shall

13 not approve the application.

14 (b) SCOPE OF PROGRAM.—

15 (1) IN GENERAL.—

16 (A) LOANS.—The Administrator may

17 award a loan to be used to clean up an affected

18 site to each eligible applicant described in sub19 section (a)(1) that submits an application to the

20 Administrator that is approved by the Adminis21 trator.

22 (B) LOAN APPLICATION.—An application

23 for a loan under this section shall be in such

24 form as the Administrator determines appro-
15

•HR 2242 IH

1 priate. At a minimum, the application shall in2 clude the following:

3 (i) A description of the affected site,

4 including the nature and extent of any

5 known or suspected environmental con6 tamination at the affected site and the

7 legal description of the real property asso8 ciated with the affected site.

9 (ii) A complete description of the fi10 nancial standing of the applicant that in11 cludes a description of the assets, cash

12 flow, and liabilities of the applicant.

13 (iii) A written certification that at14 tests that the applicant has attempted, and

15 has been unable, to secure financing from

16 a private lending institution for the clean17 up action that is the subject the loan appli18 cation. The certification shall specify the

19 name of each private lending institution to

20 which the applicant submitted an applica21 tion for a loan. With respect to each appli22 cation to such a lending institution, the

23 certification shall also specify—

24 (I) the date that the loan applica25 tion was submitted and the date that
16

•HR 2242 IH

1 the applicant was notified of the re2 fusal;

3 (II) the amount of the loan re4 quested;

5 (III) the terms of the loan re6 quested;

7 (IV) proof of the refusal of the

8 loan by the lending institution; and

9 (V) the reasons given, if any, by

10 the private lending institution for the

11 refusal of the loan for the cleanup.

12 (iv) A justification for the amount of

13 the financial assistance requested, includ14 ing evidence that the amount of financial

15 assistance requested by the applicant is not

16 available to the applicant through other

17 sources.

18 (v) The proposed method, and antici19 pated period of time required, to clean up

20 the environmental contamination at the af21 fected site.

22 (vi) An estimate of the proposed total

23 cost of the cleanup to be conducted at the

24 site.
17

•HR 2242 IH

1 (vii) An analysis that demonstrates

2 the potential of the affected site for creat3 ing new business and employment opportu4 nities on completion of the cleanup of the

5 site.

6 (2) LOAN APPROVAL.—In determining whether

7 to award a loan under this section, the Adminis8 trator shall consider—

9 (A) the need of the applicant for financial

10 assistance to clean up the affected site that is

11 the subject of the loan application, taking into

12 consideration the financial resources available

13 to the applicant;

14 (B) the ability of the applicant to repay

15 the loan in a timely manner;

16 (C) the inability of the applicant to secure

17 a loan from a private lending institution or

18 through other means of financing;

19 (D) the extent to which the cleanup of the

20 affected site would reduce health and environ21 mental risks caused by the environmental con22 tamination at, or from, the affected site;

23 (E) the estimated fair market value of the

24 affected site after cleanup;
18

•HR 2242 IH

1 (F) other economically viable, commercial

2 activity on real property—

3 (i) located in the immediate vicinity of

4 the affected site at the time of consider5 ation of the application; or

6 (ii) projected to be located within the

7 immediate vicinity of the affected site by

8 the date that is 5 years after the date of

9 the consideration of the application;

10 (G) the potential of the affected site for

11 creating new, or expanding existing, business

12 and employment opportunities on completion of

13 the cleanup of the site;

14 (H) the estimated additional tax revenues

15 expected to be generated at the site as a result

16 of the voluntary cleanup;

17 (I) whether the site is located in an eco18 nomically distressed community; and

19 (J) such other factors as the Administrator

20 considers relevant to carry out the purposes of

21 the loan program established under this section.

22 (3) LOAN AMOUNT.—The amount of a loan

23 made to an applicant under this section shall not ex24 ceed—
19

•HR 2242 IH

1 (A) 75 percent of the cost of the cleanup

2 that is the subject of the loan; or

3 (B) $750,000,

4 whichever is less.

5 (4) STATE APPROVAL.—Each application for a

6 loan under this section shall, as a condition for ap7 proval by the Administrator, include a written state8 ment by the State under whose voluntary program

9 the voluntary cleanup is being conducted, or pro10 posed to be conducted that—

11 (A) the voluntary cleanup or proposed vol12 untary cleanup is cost effective; and

13 (B) the estimated total cost of the vol14 untary cleanup is reasonable.

15 (c) LOAN AGREEMENTS.—Each loan under this sec16 tion shall be made pursuant to a loan agreement. At a

17 minimum, the loan agreement shall include provisions that

18 address the following items:

19 (1)(A) The loan shall bear interest at the appli20 cable rate specified in subparagraphs (B) through

21 (D).

22 (B) For local government entities, the rate of

23 interest shall be 1 percentage point below the aver24 age current yield on marketable obligations of the
20

•HR 2242 IH

1 United States Treasury having comparable matu2 rities.

3 (C) For prospective purchasers of an affected

4 site, the rate of interest shall be 1 percentage point

5 above the average current yield on marketable obli6 gations of the United States Treasury having com7 parable maturities.

8 (D) For current owners of an affected site, the

9 rate of interest shall be 2 percentage points above

10 the average current yield on marketable obligations

11 of the United States Treasury having comparable

12 maturities.

13 (2) The maturity period of the loan (as deter14 mined by the Administrator) shall not exceed 10

15 years.

16 (3) The repayment of the loan during the matu17 rity period shall be in accordance with any schedule

18 for payments that the Administrator may specify in

19 the loan agreement.

20 (4) Each payment referred to in this section

21 shall be made to the Secretary of the Treasury for

22 deposit in the general fund of the Treasury.

23 (5) If the sale or redevelopment of the affected

24 site results in a net profit to the applicant (taking

25 into consideration any amount of reimbursement
21

•HR 2242 IH

1 that may be required under this paragraph) in an

2 amount greater than or equal to 10 percent, in addi3 tion to paying interest on the loan (as specified in

4 paragraph (1)), the applicant shall make a payment

5 to reimburse the Federal Government for the full

6 and actual costs incurred by the Federal Govern7 ment of making the loan to the applicant, including

8 any administrative costs.

9 (6) The applicant shall comply with all applica10 ble Federal and State laws (including regulations

11 promulgated pursuant to such laws) applicable to

12 the cleanup and shall proceed in accordance with

13 any voluntary cleanup program in effect in the

14 State.

15 (7) The applicant shall guarantee repayment of

16 the loan.

17 (8) The applicant shall use the loan solely for

18 purposes of cleaning up the environmental contami19 nation at the affected site, and shall return any ex20 cess funds to the Administrator immediately on a

21 determination by the Administrator that the cleanup

22 has been completed.

23 (9) The loan shall not be transferable, unless

24 the Administrator agrees to the transfer in writing.
22

•HR 2242 IH

1 (10) Such other terms and conditions that the

2 Administrator determines necessary to protect the fi3 nancial interests of the United States.

4 (d) FEDERAL LIEN.—

5 (1) IN GENERAL.—A lien in favor of the United

6 States shall arise on the contaminated property sub7 ject to a loan under this section. The lien shall cover

8 all real property included in the legal description of

9 the property at the time the loan agreement pro10 vided for in this section is signed, and all rights to

11 the property, and shall continue until the terms and

12 conditions of the loan agreement have been fully sat13 isfied. The lien shall arise at the time the United

14 States grants a loan under this section, and shall

15 not be subject to the rights of any purchaser, holder

16 of a security interest, or judgment lien creditor

17 whose interest is or has been perfected under appli18 cable State law, except that any interest held by the

19 United States as security for a loan under this sec20 tion shall be subordinate to any lien on the property

21 for taxes due on the property to a State or political

22 subdivision thereof.

23 (2) DEFINITIONS.—As used in this paragraph,

24 the terms ‘‘security interest’’ and ‘‘purchaser’’ shall

25 have the meaning provided the terms in paragraphs
23

•HR 2242 IH

1 (1) and (6), respectively, under section 6323(h) of

2 the Internal Revenue Code of 1986.

3 (e) ENFORCEMENT.—

4 (1) IN GENERAL.—If any owner or prospective

5 purchaser who receives a loan under this section

6 fails to comply with any condition of a loan agree7 ment entered into pursuant to this section, the Ad8 ministrator may request the Attorney General of the

9 United States to commence a civil action in an ap10 propriate district court of the United States to en11 force the loan agreement.

12 (2) JURISDICTION OF DISTRICT COURT.—The

13 district court shall have jurisdiction to enforce the

14 loan agreement and grant such relief as the public

15 interest and the equities of the case may require.

16 SEC. 6. REGULATIONS.

17 The Administrator shall promulgate such regulations

18 as are necessary to carry out this Act. The regulations

19 shall include the procedures and standards that the Ad20 ministrator considers necessary, including procedures and

21 standards for evaluating an application for a grant or loan

22 submitted under this Act.

23 SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.

24 (a) VOLUNTARY CLEANUP GRANT PROGRAM.—There

25 are authorized to be appropriated to the Environmental
24

•HR 2242 IH

1 Protection Agency, to carry out section 3, an amount not

2 to exceed $15,000,000 for fiscal year 1994, and

3 $7,500,000 for each of fiscal years 1995 through 1997.

4 (b) SITE CHARACTERIZATION PROGRAM.—There are

5 authorized to be appropriated to the Environmental Pro6 tection Agency, to carry out section 4, an amount to ex7 ceed $15,000,000 for each of fiscal years 1994 through

8 1997.

9 (c) VOLUNTARY CLEANUP ASSISTANCE PROGRAM.—

10 There are authorized to be appropriated to the Environ11 mental Protection Agency, to carry out section 5, an

12 amount to exceed $15,000,000 for each of fiscal years

13 1994 through 1997.

14 (d) AVAILABILITY OF FUNDS.—The amounts appro15 priated pursuant to this section shall remain available

16 until expended.

17 SEC. 8. REPORT.

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

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

20 31 of each of the succeeding 3 calendar years thereafter,

21 the Administrator shall prepare and submit a report to

22 the Committee on Environment and Public Works of the

23 Senate and the Committee on Energy and Commerce of

24 the House of Representatives describing the achievements

25 of each grant or loan program established under this Act.
25

•HR 2242 IH

1 (b) CONTENTS OF REPORT.—The report shall, with

2 respect to the programs established under this Act, include

3 a description of—

4 (1) the number of grant and loan applications

5 received by the Administrator during the preceding

6 calendar year;

7 (2) the number of grants and loans disapproved

8 during the preceding year, and the reasons for dis9 approval;

10 (3) the number of grants and loans approved by

11 the Administrator during the preceding calendar

12 year;

13 (4) the amount of grants and loans made dur14 ing the preceding year, and an estimate of the total

15 cleanup costs incurred by parties receiving a loan

16 under the voluntary cleanup assistance program;

17 (5) with respect to each voluntary cleanup pro18 gram of a State that was the subject of a grant

19 under section 3—

20 (A) the purposes to which the grant

21 awarded to the State was applied; and

22 (B) the achievements of the program;

23 (6) the affected sites identified by local govern24 ments and the status of cleanup of such sites; and
26

•HR 2242 IH

1 (7) the affected sites at which a cleanup was

2 initiated pursuant to the voluntary cleanup assist3 ance program under section 5, and the status of

4 cleanup and beneficial reuse of such sites.

5 SEC. 9. FUNDING.

6 (a) ELIGIBLE COSTS DEFINED.—For the purposes of

7 each grant and loan program established under this Act,

8 the term ‘‘eligible costs’’ shall include administrative and

9 nonadministrative costs.

10 (b) NONADMINISTRATIVE COSTS.—As used in this

11 section, the term ‘‘nonadministrative costs’’ shall include

12 the cost of—

13 (1) oversight for a cleanup by contractor,

14 owner, or prospective purchaser;

15 (2) identifying the probable extent and nature

16 of environmental contamination at an affected site,

17 and the preferred manner of carrying out a cleanup

18 at an affected site;

19 (3) each cleanup, including onsite and offsite

20 treatment of contaminants; and

21 (4) monitoring ground water or other natural

22 resources.

23 (c) ADMINISTRATIVE COST LIMITATION.—Not more

24 that 15 percent of the amount of a grant or loan made

25 pursuant to this Act may be used for administrative costs.
27

•HR 2242 IH

1 No grant or loan made pursuant to this Act may be used

2 to pay for fines or penalties owed to a State or the Federal

3 Government.

4 (d) OTHER LIMITATIONS.—Funds made available to

5 a State pursuant to the grant program established under

6 section 3 shall be used only for establishing or administer7 ing a voluntary cleanup program.

8 SEC. 10. STATUTORY CONSTRUCTION.

9 Nothing in this Act is intended to affect the liability

10 or response authorities of any other law (including any

11 regulation) for environmental contamination including the

12 Comprehensive Environmental Response, Compensation,

13 and Liability Act of 1980 (42 U.S.C. 9601 et. seq.), the

14 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the

15 Federal Water Pollution Control Act (33 U.S.C. 1251 et

16 seq.), the Toxic Substances Control Act (15 U.S.C. 2601

17 et seq.), or title XIV of the Public Health Service Act,

18 commonly known as the ‘‘Safe Drinking Water Act’’ (42

19 U.S.C. 300f et seq.).

Æ

HR 2242 IH——2

HR 2242 IH——3