249
entered into prior to the enactment of the Superfund Im-
provement Act of 1998.
‘‘(11) STATE COST SHARE.—After the date of enact-
ment of the Superfund Improvement Act of 1998, the Ad-
ministrator shall not provide any funding under this sub-
section or section 130, or any response action pursuant
to this section, except for emergency removal actions, un-
less the State in which the release or threatened release
occurs has entered into a contract or cooperative agree-
ment pursuant to this subsection or section 130 that pro-
vides assurances, deemed adequate by the Administrator,
that—
‘‘(A) the State will pay or assure payment of 10
percent of the cost of such response action or fund-
ing, including 10 percent of orphan share funding
and operation and maintenance costs; and
‘‘(B) the State will assure oversight of any op-
eration and maintenance of funded response ac-
tions.’’.
SEC. 703. CONFORMING AND MISCELLANEOUS AMEND-
MENTS.
(a) TRANSFER OF ENFORCEMENT PROVISIONS OF
SECTION 121(e).—(1) Section 121(e) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9621(e)) is amended—
250
(A) by striking out paragraph (2); and
(B) by striking out ‘‘PERMITS AND ENFORCE-
MENT.—(1)’’ and inserting ‘‘PERMITS.—’’.
(2) Section 121(f) of such Act (42 U.S.C. 9621(f)),
as amended by title VI, is further amended by adding at
the end the following new paragraph:
‘‘(5) A State may enforce any Federal or State stand-
ard, requirement, criteria, or limitation to which the reme-
dial action is required to conform under this Act in the
United States district court for the district in which the
facility is located.’’.
(b) SECTION 126(a).—Section 126(a) of such Act (42
U.S.C. 9626(a)) is amended—
(1) by adding after ‘‘section 104(i) (regarding
health authorities)’’ the following: ‘‘, section 127 (re-
garding voluntary response actions), subsection (f)
of section 121 (relating to cleanup standards), sec-
tion 122(d)(1)(D) (relating to compliance with con-
sent decrees),’’; and
(2) by adding at the end the following: ‘‘The
governing body of an Indian tribe shall be afforded
substantially the same treatment as a State with re-
spect to the provisions of section 130 (regarding del-
egation of authority) with respect to facilities located
251
in Indian country (as defined in section 1151 of title
18, United States Code).’’.
(c) SECTION 310(a).—Section 310(a) is amended by
inserting ‘‘(including any State)’’ after ‘‘person’’.
(d) TRANSITION.—Subsection (d) of section 104 is
amended by adding at the end the following new para-
graph:
‘‘(5) TERMINATION.—This subsection shall cease to
be in effect on the effective date of regulations promul-
gated to implement section 130, as added by the Super-
fund Improvement Act of 1998.’’.
SEC. 704. STATE ROLE AT FEDERAL FACILITIES.
Subsection (g) of section 120 is amended to read as
follows:
‘‘(g) TRANSFER OF AUTHORITIES.—
‘‘(1) STATE APPLICATION FOR TRANSFER OF
AUTHORITIES.—A State may apply to the Adminis-
trator to exercise the authorities vested in the Ad-
ministrator under subsections (e) and (h) (other
than (h)(2)) of this section at any or all facilities
owned or operated by any department, agency, or in-
strumentality of the United States (including the ex-
ecutive, legislative, and judicial branches of govern-
ment), including the authority—
252
‘‘(A) to publish a timetable and deadlines
for completion of any remedial investigation
and feasibility study;
‘‘(B) to review and approve all documents
prepared in connection with any such investiga-
tion and study;
‘‘(C) to review and select remedies pursu-
ant to subsection (e)(4)(A); and
‘‘(D) to enter into agreements with depart-
ments, agencies, and instrumentalities of the
United States in accordance with subsection
(e)(2), and to enter into consent decrees with
other potentially responsible parties in accord-
ance with subsection (e)(6).
‘‘(2) TRANSFER
OF
AUTHORITIES.—The Ad-
ministrator shall enter into a contract or cooperative
agreement to transfer the authorities described in
paragraph (1) if the Administrator determines the
following:
‘‘(A) The State has the ability to exercise
such authorities in accordance with this Act, in-
cluding adequate legal authority, financial and
personnel resources, organization, and exper-
tise.
253
‘‘(B) The State demonstrates experience in
exercising similar authorities.
‘‘(3) EFFECT OF AUTHORIZATION UNDER SOLID
WASTE DISPOSAL ACT.—In the review by the Admin-
istrator of an application of a State for transfer of
authorities under this subsection, if the State is au-
thorized to implement the corrective action provi-
sions of the Solid Waste Disposal Act under a State
hazardous waste program pursuant to section 3006
of that Act, the Administrator shall approve the ap-
plication and provide for the orderly transfer of au-
thorities as expeditiously as possible, but in no case
later than 6 months after the date of receipt of the
application, unless the parties agree to another
deadline.
‘‘(4) EFFECT
OF
TRANSFER.—Any State to
which authorities are transferred under this sub-
section shall not be deemed to be an agent of the
President but shall exercise such authorities in its
own name, and the Administrator may transfer to a
State only those authorities of the Administrator
identified in this subsection.
‘‘(5) DEADLINES.—Except as provided in para-
graph (3)(B), the Administrator shall make a deter-
mination on an application from a State under this
254
subsection not later than 90 days after the date the
Administrator receives the application.
‘‘(6) WITHDRAWAL OF AUTHORITIES.—(A) The
Administrator may withdraw or renegotiate the au-
thorities transferred under this subsection in whole
or in part if the Administrator determines—
‘‘(i) that the State, in whole or in part, is
exercising such authorities in a manner clearly
inconsistent with the requirements of this Act;
or
‘‘(ii) in the case of a State that was ap-
proved under paragraph (3)(B), that the State
is no longer authorized to implement the correc-
tive action provisions of the Solid Waste Dis-
posal Act.
‘‘(B) At least 90 days before withdrawing any
such transferred authorities from a State, the Ad-
ministrator shall provide to the State a written ex-
planation of the reasons for the proposed withdrawal
and afford an opportunity to the State to discuss the
withdrawal and to propose actions to correct any de-
ficiencies.
‘‘(7) ENFORCEMENT
AND
REMEDY
SELEC-
TION.—(A) An interagency agreement under this
section between a State (including States which are