197
under subsection (b)(1) may not exceed $25,000 for a sin-
gle response. The reimbursement under this section with
respect to a single facility shall be limited to the general
purpose units of local government having jurisdiction over
the political subdivision in which the facility is located.
‘‘(2) The amount of any reimbursement to a State
under subsection (b)(2) may not exceed $50,000 for a sin-
gle response. The reimbursement under this section with
respect to a single facility shall be limited to the State
in which the facility is located.
‘‘(3) The amounts allowed for the State and general
purpose units of local government may not be combined
for any single response action.
‘‘(d) PROCEDURE.—Reimbursements authorized pur-
suant to this section shall be in accordance with rules pro-
mulgated by the Administrator within 1 year after the en-
actment of the Reform of Superfund Act of 1995.’’.
TITLE VI—FEDERAL FACILITIES
TITLE VI—FEDERAL FACILITIES
Sec. 601. State role at Federal facilities.
Sec. 602. Innovative technologies for remedial action at Federal facilities.
Sec. 603. Contents of certain deeds.
Sec. 604. Transfers of uncontaminated property.
Sec. 605. Federal entities and facilities.
Sec. 606. Factor to be applied in criteria for determining listing of Federal fa-
cilities on National Priorities List.
Sec. 607. Notification regarding uncontaminated property at Federal facilities.
Sec. 608. Annual studies of priorities at Federal facilities.
Sec. 609. Judicial removals.
198
SEC. 601. STATE ROLE AT FEDERAL FACILITIES.
Subsection (g) of section 120 is amended to read as
follows:
‘‘(g) STATE ROLE AT FEDERAL FACILITIES.—
‘‘(1) ENFORCEMENT
AND
DISPUTE
RESOLU-
TION.—(A) An interagency agreement under this
section between a State and any department, agen-
cy, or instrumentality of the United States shall be
enforceable by the State or the Federal department,
agency, or instrumentality in the United States dis-
trict court for the district in which the facility is lo-
cated. The district court shall have the jurisdiction
to enforce compliance with any provision, standard,
regulation, condition, requirement, order, or final de-
termination which has become effective under such
agreement, and to impose any appropriate civil pen-
alty provided for any violation of the agreement, not
to exceed $25,000 per day.
‘‘(B) At a Federal facility in a State to which
the President’s authorities under subsection (e)(4)
have been transferred pursuant to section 131(a), if
the State does not concur in the remedy selection
proposed by the Federal department, agency, or in-
strumentality that owns or operates the facility, the
parties shall enter into dispute resolution as pro-
vided in the interagency agreement. If there is no
199
interagency agreement, the State shall, not later
than 120 days after the transfer of authorities under
section 131(a), enter into an agreement with the
head of the department, agency, or instrumentality
on a process for resolving disputes regarding remedy
selection for the facility. If a dispute is unresolved
after using the process under the interagency agree-
ment or dispute resolution agreement, the head of
the Federal department, agency, or instrumentality
that owns the Federal facility and the Governor of
the State shall attempt to resolve such dispute by
consensus. If no agreement is reached between the
head of the Federal department, agency, or instru-
mentality and the Governor, the State may issue the
final determination. In order to compel implementa-
tion of the State’s selected remedy, the State must
bring a civil action in the appropriate United States
district court. The district court shall have jurisdic-
tion as provided in subparagraph (A) to issue any
relief that may be necessary to implement the reme-
dial action, to impose appropriate civil penalties not
to exceed $25,000 per day from the date the selected
remedy becomes final, and to review any challenges
to the State’s final determination consistent with the
standards set forth in section 113(j) of this Act.
200
‘‘(2) LIMITATION.—Except as necessary to im-
plement the transfer of the Administrator’s authori-
ties to a State pursuant to section 131(a), nothing
in this subsection shall be construed as altering,
modifying, or impairing in any manner, or authoriz-
ing the unilateral modification of, any terms of any
agreement, permit, administrative or judicial order,
decree, or interagency agreement existing on the ef-
fective date of the Reform of Superfund Act of
1995. Any other modifications or revisions of an
interagency agreement entered into under this sec-
tion shall require the consent of all parties to such
agreement, and absent such consent the agreement
shall remain unchanged.
‘‘(3) EFFECT ON OTHER AUTHORITIES.—Noth-
ing in this subsection shall affect the exercise by a
State of any other authorities that may be applicable
to Federal facilities in the State.’’.
SEC. 602. INNOVATIVE TECHNOLOGIES FOR REMEDIAL AC-
TION AT FEDERAL FACILITIES.
(a) IN GENERAL.—Section 311 (42 U.S.C. 9660) is
amended by adding at the end the following:
‘‘(h) FEDERAL FACILITIES.—
‘‘(1) DESIGNATION.—The President may des-
ignate a facility that is owned or operated by any de-
201
partment, agency, or instrumentality of the United
States, and that is listed or proposed for listing on
the National Priorities List, to facilitate the re-
search, development, and application of innovative
technologies for remedial action at the facility.
‘‘(2) USE OF FACILITIES.—
‘‘(A) IN GENERAL.—A facility designated
under paragraph (1) shall be made available to
Federal departments and agencies, State de-
partments and agencies, and public and private
instrumentalities, to carry out activities de-
scribed in paragraph (1).
‘‘(B) 
COORDINATION.—The 
Adminis-
trator—
‘‘(i) shall coordinate the use of the fa-
cilities with the departments, agencies, and
instrumentalities of the United States; and
‘‘(ii) may approve or deny the use of
a particular innovative technology for re-
medial action at any such facility.
‘‘(3) CONSIDERATIONS.—
‘‘(A) EVALUATION
OF
SCHEDULES
AND
PENALTIES.—In considering whether to permit
the application of a particular innovative tech-
nology for remedial action at a facility des-
202
ignated under paragraph (1), the Administrator
shall evaluate the schedules and penalties appli-
cable to the facility under any agreement or
order entered into under section 120.
‘‘(B) AMENDMENT
OF
AGREEMENT
OR
ORDER.—If, after an evaluation under subpara-
graph (A), the Administrator determines that
there is a need to amend any agreement or
order entered into pursuant to section 120, the
Administrator shall comply with all provisions
of the agreement or order, respectively, relating
to the amendment of the agreement or order.’’.
(b) REPORT
TO CONGRESS.—Section 311(e) (42
U.S.C. 9660(e)) is amended—
(1) by striking ‘‘At the time’’ and inserting the
following:
‘‘(1) IN GENERAL.—At the time’’; and
(2) by adding at the end the following:
‘‘(2) ADDITIONAL
INFORMATION.—A report
under paragraph (1) shall include information on the
use of facilities described in subsection (h)(1) for the
research, development, and application of innovative
technologies for remedial activity, as authorized
under subsection (h).’’.
203
SEC. 603. CONTENTS OF CERTAIN DEEDS.
Section 120(h)(3) (42 U.S.C. 9620(h)(3)) is amend-
ed in the matter following subparagraph (C) by inserting
after ‘‘the Administrator’’ both places it appears the fol-
lowing: ‘‘or, in the case of real property that is not part
of a facility on the National Priorities List, to the Gov-
ernor of the affected State’’.
SEC. 604. TRANSFERS OF UNCONTAMINATED PROPERTY.
Section 120(h)(4)(A) (42 U.S.C. 9620(h)(4)(A)) is
amended in the first sentence by striking ‘‘stored for one
year or more, ’’ and by striking the comma after ‘‘re-
leased’’.
SEC. 605. FEDERAL ENTITIES AND FACILITIES.
Section 120 (42 U.S.C. 9620) is amended as follows:
(1) By amending the heading to read as follows:
‘‘SEC. 120. FEDERAL ENTITIES AND FACILITIES.’’.
(2) By amending paragraph (1) of subsection
(a) to read as follows:
‘‘(1)(A) Each department, agency, and instru-
mentality of the executive, legislative, and judicial
branches of the United States shall be subject to,
and comply with, all Federal, State, interstate and
local requirements, both substantive and procedural
(including any requirements for permits or report-
ing, or any provisions for injunctive relief and such
sanctions as may be imposed by a court to enforce
204
such relief), regarding response actions related to, or
management of, hazardous substances, pollutants, or
contaminants in the same manner, and to the same
extent, as any nongovernmental entity is subject to
such requirements, including enforcement and liabil-
ity under sections 106 and 107 of this title and the
payment of reasonable service charges.
‘‘(B) The Federal, State, interstate, and local
substantive and procedural requirements referred to
in subparagraph (A) include, but are not limited to,
all administrative orders and all civil and adminis-
trative penalties and fines, regardless of whether
such penalties and fines are punitive or coercive in
nature. The United States hereby expressly waives
any immunity otherwise applicable to the United
States with respect to any such substantive or proce-
dural requirement (including, but not limited to, any
injunctive relief, administrative order or civil or ad-
ministrative penalty or fine referred to in the preced-
ing sentence, or reasonable service charge).
‘‘(C) The reasonable service charges referred to
in this paragraph include, but are not limited to,
fees or charges assessed in connection with the proc-
essing and issuance of permits, renewal of permits,
amendments to permits, review of plans, studies,
205
and other documents, and inspection and monitoring
of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a State,
interstate, or local response program.
‘‘(D) Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or ex-
empt from any process or sanction of any State or
Federal court with respect to the enforcement of any
injunctive relief.
‘‘(E) No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal or State response law
with respect to any act or omission within the scope
of their official duties. An agent, employee, or officer
of the United States shall be subject to any criminal
sanction (including, but not limited to, any fine or
imprisonment) under any Federal or State response
law, but no department, agency, or instrumentality
of the executive, legislative, or judicial branch of the
United States shall be subject to any such sanctions.
‘‘(F) The waiver of sovereign immunity pro-
vided in this paragraph shall not apply to the extent
a State law would apply any standard or require-
ment to such Federal department, agency, or instru-
mentality in a manner which is more stringent than
206
such standard or requirement would be applied to
any other person.
‘‘(G) Nothing in this section shall be construed
to affect the liability of any person or entity other
than a department, agency, or instrumentality of the
United States under sections 106 and 107 of this
Act.
‘‘(H)(i) The Administrator or a State with dele-
gated authority may issue an order under section
106 of this Act to any department, agency, or in-
strumentality of the executive, legislative, or judicial
branch of the United States. The Administrator or
a State with delegated authority shall initiate an ad-
ministrative enforcement action against such a de-
partment, agency, or instrumentality in the same
manner and under the same circumstances as action
would be initiated against any other person.
‘‘(ii) No administrative order issued to such de-
partment, agency, or instrumentality shall become
final until such department, agency, or instrumental-
ity has had the opportunity to confer with the Presi-
dent or a State with delegated authority.
‘‘(I) Each such department, agency, and instru-
mentality shall have the right to contribution protec-
tion set forth in section 113, when such department,
207
agency, or instrumentality resolves its liability under
this Act.’’.
(3) By striking paragraph (4) of subsection (a).
(4) By inserting ‘‘(other than the indemnifica-
tion requirements of section 119)’’ after ‘‘respon-
sibility’’ in subsection (a)(3).
SEC. 606. FACTOR TO BE APPLIED IN CRITERIA FOR DE-
TERMINING LISTING OF FEDERAL FACILI-
TIES ON NATIONAL PRIORITIES LIST.
Subsection (d) of section 120 (42 U.S.C. 9620) is
amended by inserting after ‘‘persons.’’ the following: ‘‘An
appropriate factor as referred to in section 105(a)(8)(A)
may include the extent to which the Federal land manag-
ing agency has arranged with the Administrator or the
relevant State agency to respond to the release or threat-
ened release pursuant to other legal authority.’’.
SEC. 607. NOTIFICATION REGARDING UNCONTAMINATED
PROPERTY AT FEDERAL FACILITIES.
Subsection (d) of section 120 (42 U.S.C. 9620) is
amended by adding at the end the following: ‘‘Upon identi-
fication of parcels of uncontaminated property pursuant
to subsection (h)(4), the President may provide notice that
the listing does not include the identified clean parcels.’’.
208
SEC. 608. ANNUAL STUDIES OF PRIORITIES AT FEDERAL
FACILITIES.
(a) STUDY REQUIREMENT.—The head of each Fed-
eral department, agency, or instrumentality each fiscal
year shall conduct a study to determine priorities among
environmental management activities, within the funds
available for such activities during such fiscal year, at fa-
cilities owned or operated by the department, agency, or
instrumentality and on the National Priorities List.
(b) USE OF STANDARD METHODOLOGIES.—In con-
ducting the study, the head of each department, agency,
or instrumentality shall develop and apply standard meth-
odologies for evaluating and ranking such priorities.
(c) MATTERS TO BE CONSIDERED.—In conducting
the study, the head of the department, agency, or instru-
mentality shall consider a range of issues, including the
following:
(1) Health, safety, and environmental risks.
(2) Reduction of infrastructure costs and life-
cycle cleanup costs.
(3) Economic development concerns.
(4) Views of affected citizens.
(d) PARTICIPATION.—In conducting the study, the
head of the department, agency, or instrumentality shall
provide for the participation, at a minimum, of the State
in which the facility is located; the Administrator of the
209
Environmental Protection Agency or a State with author-
ized under section 131; the department, agency, or instru-
mentality being regulated; and any affected citizens or en-
tities.
(e) REPORT.—Not later than 90 days after the date
of the enactment of the annual appropriation Act provid-
ing funds for a Federal department, agency, or instrumen-
tality, the head of the department, agency, or instrumen-
tality shall submit to Congress a report on the results of
the study required by this section.
(f) EFFECT OF STUDY ON ENFORCEABLE AGREE-
MENTS.—A study conducted under this section shall in no
way impair or diminish the obligation of any department,
agency, or instrumentality of the United States to comply
with requirements agreed to under section 120 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, unless such requirements have
been specifically—
(1) addressed; or
(2) waived;
without objection from the State or Federal regulating
agency.
SEC. 609. JUDICIAL REMOVALS.
Section 113(b) is amended by inserting after the first
sentence the following: ‘‘Any action initiated in any State
210
or local court against the United States (or any depart-
ment, agency, instrumentality, officer, or employee of the
United States) regarding liability or response actions re-
lated to, or the release, disposal, or management of, haz-
ardous wastes or hazardous substances, may be removed
by the United States (or any department, agency, instru-
mentality, officer, or employee of the United States) to
the appropriate United States District Court in accord-
ance with section 1446 of title 28, United States Code.’’.
TITLE VII—MISCELLANEOUS
TITLE VII—MISCELLANEOUS
Sec. 701. Definitions.
Sec. 702. Response claims procedures.
Sec. 703. Small business ombudsman.
Sec. 704. Consideration of local government cleanup priorities.
Sec. 705. Savings clause.
Sec. 706. Report and oversight requirements.
Sec. 707. Response authorities.
SEC. 701. DEFINITIONS.
Section 101 (42 U.S.C. 9601) is amended as follows:
(1) Paragraph (10)(H) is amended by striking
‘‘subject to’’ and inserting ‘‘in compliance with’’.
(2) Paragraph (11) is amended by striking out
‘‘Response Fund established by section 221 of this
Act’’ and all that follows through the end of the
paragraph and inserting in lieu thereof ‘‘Superfund
established by section 9507 of the Internal Revenue
Code of 1986.’’.
211
(3) Paragraph (14) is amended by adding at
the end the following: ‘‘Such term does not include
any naturally occurring radioactive materials.’’.
(4) Paragraph (20) is amended as follows:
(A) In subparagraph (A), by inserting ‘‘the
United States or’’ after ‘‘similar means to’’.
(B) In subparagraph (D)—
(i) in the first sentence by inserting
‘‘the United States or’’ after ‘‘does not in-
clude’’;
(ii) in the second sentence, by insert-
ing ‘‘any department, agency, or instru-
mentality of the United States or’’ before
‘‘any State’’; and
(iii) in the second sentence, by strik-
ing ‘‘a’’ after ‘‘such’’ and inserting ‘‘de-
partment, agency, or instrumentality of the
United States or’’.
(C) by adding after subparagraph (D) the
following new subparagraph:
‘‘(E) The term ‘owner or operator’ shall not in-
clude the United States or any department, agency,
or instrumentality of the United States or a con-
servator or receiver appointed by a department,
agency, or instrumentality of the United States if
212
the United States or the conservator or receiver
meets both of the following conditions:
‘‘(i) The United States, conservator, or re-
ceiver acquired ownership or control of a vessel
or facility (or any right or interest therein)—
‘‘(I) in connection with the exercise of
receivership or conservatorship authority
or the liquidation or winding up of the af-
fairs of any entity subject to a receivership
or conservatorship, including any subsidi-
ary thereof; and
‘‘(II) in connection with the exercise
of any seizure or forfeiture authority.
‘‘(ii) The United States, conservator, or re-
ceiver does not participate in the management
of the vessel or facility operations that result in
a release or threat of release of hazardous sub-
stances and complies with such other require-
ments as the Administrator may set forth by
regulation.’’.
(5) Paragraph (23) (relating to the terms ‘‘re-
move’’ and ‘‘removal’’) is amended—
(A) in the first sentence—
(i) by striking ‘‘terms’’ and inserting
‘‘term’’;
213
(ii) by striking ‘‘necessary’’ the first
place it appears and inserting ‘‘nec-
essarily’’; and
(iii) by inserting after ‘‘environment,
such actions’’ the phrase ‘‘or combination
of such actions’’;
(B) in the second sentence by striking
‘‘term includes’’ and inserting ‘‘terms include’’;
and
(C) by adding at the end the following:
‘‘The term ‘remove’ or ‘removal’ is not limited
to emergency situations and includes actions to
address future or potential exposures.’’.
(6) Paragraph (25) (relating to the terms ‘‘re-
spond’’ and ‘‘response’’) is amended—
(A) by striking ‘‘terms’’ and inserting
‘‘term’’;
(B) by striking the comma after ‘‘remedial
action;’’; and
(C) by striking ‘‘related thereto’’ and in-
serting ‘‘(including attorneys’ fees and expert
witness fees) and oversight activities related
thereto when such activities are undertaken by
the President, a State or Indian Tribe’’.
214
(7) Paragraph (29) (relating to the terms ‘‘dis-
posal’’, ‘‘hazardous waste’’, and ‘‘treatment’’) is
amended by inserting before the period the follow-
ing: ‘‘, except that the term ‘hazardous substance’
shall be substituted for the term ‘hazardous waste’
in the definitions of ‘disposal’ and ‘treatment’ ’’.
(8) Paragraph (33) (relating to the term ‘‘pol-
lutant or contaminant’’) is amended by striking ‘‘;
except that the’’ and inserting ‘‘. The’’ and by add-
ing the following at the end thereof: ‘‘Such term
does not include any naturally occurring radioactive
materials.’’.
(9) The following new paragraphs are added at
the end:
‘‘(39) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
generated by households, including single and multi-
family residences, and hotels and motels. The term
also includes waste materials generated by commer-
cial, institutional, and industrial sources, to the ex-
tent such wastes (A) are essentially the same as
waste normally generated by households, or (B) are
collected and disposed of with other municipal solid
waste or sewage sludge as part of normal municipal
solid waste collection services, and, regardless of
215
when generated, would be considered conditionally
exempt small quantity generator waste under regula-
tion issued pursuant to section 3001(d) of the Solid
Waste Disposal Act (42 U.S.C. 6921(d)). Examples
of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies, cos-
metics, glass and metal food containers, elementary
or secondary school science laboratory waste, and
household hazardous waste. The term does not in-
clude combustion ash generated by resource recovery
facilities or municipal incinerators, or waste from
manufacturing or processing (including pollution
control) operations not essentially the same as waste
normally generated by households.
‘‘(40) MUNICIPALITY.—The term ‘municipality’
means a political subdivision of a State, including a
city, county, village, town, township, borough, par-
ish, school district, sanitation district, water district,
or other public entity performing local governmental
functions. The term also includes a natural person
acting in the capacity of an official, employee, or
agent of any entity referred to in the preceding sen-
tence in the performance of governmental functions.
216
‘‘(41) QUALIFIED
HOUSEHOLD
HAZARDOUS
WASTE COLLECTION PROGRAM.—The term ‘qualified
household hazardous waste collection program’
means a program established by an entity of the
Federal Government, a State, a municipality, or an
Indian tribe that provides, at a minimum, for semi-
annual collection of household hazardous wastes at
accessible, well-publicized collection points within the
relevant jurisdiction.
‘‘(42) SEWAGE
SLUDGE.—The term ‘sewage
sludge’ means solid, semisolid, or liquid residue re-
moved during the treatment of municipal waste
water, domestic sewage, or other waste water at or
by publicly owned or federally owned treatment
works.
‘‘(43) SMALL BUSINESS.—The term ‘small busi-
ness’ refers to any business entity that employs no
more than 100 individuals and is a ‘small business
concern’ as defined under the Small Business Act
(15 U.S.C. 631 et seq.).
‘‘(44) SMALL NONPROFIT ORGANIZATION.—The
term ‘small nonprofit organization’ means any orga-
nization that does not distribute any part of its in-
come or profit to its members, directors, or officers,
employs no more than 100 paid individuals at the
217
involved chapter, office, or department, and was rec-
ognized as a non-profit organization under section
501(c)(3) of the Internal Revenue Code of 1986.
‘‘(45) CONSTRUCTION CONTRACTOR.—The term
‘construction contractor’ means a person who—
‘‘(A) is not—
‘‘(i) taking or required to take any re-
sponse action under this Act or any other
Federal or State law at the facility con-
cerned,
‘‘(ii) taking or required to take any
corrective action under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) at
the facility concerned, or
‘‘(iii) otherwise responding to a re-
lease or threatened release of a hazardous
substance, pollutant, or contaminant at the
facility concerned;
‘‘(B) did not know or have reason to know
of the presence of hazardous substances at the
facility concerned before beginning construction
activities;
‘‘(C) provided all legally required notices
with respect to the discovery or release of any
hazardous substances at the facility; and
218
‘‘(D) exercised due care with respect to the
hazardous substances discovered in the course
of performing the construction activity, includ-
ing precautions against foreseeable acts of third
parties, taking into consideration the character-
istics of such hazardous substance, in light of
all relevant facts and circumstances.
‘‘(46) NATURALLY
OCCURRING
RADIOACTIVE
MATERIALS.—The term ‘naturally occurring radio-
active materials’ means materials which are or con-
tain naturally occurring radionuclides and their re-
spective decay products unless such materials are
derived from substances processed exclusively for
their radionuclide content. Such term does not in-
clude source, special nuclear, or by-product material
regulated under the Atomic Energy Act of 1954 (42
U.S.C. 2011 and following).’’.
SEC. 702. RESPONSE CLAIMS PROCEDURES.
Section 112(a) (42 U.S.C. 9612(a)(2)) is amended—
(1) in the first sentence, by adding after ‘‘un-
less such claim is’’ the following: ‘‘(1) accompanied
by an audit prepared by an independent, certified
public accountant, and (2)’’; and
(2) by inserting after the first sentence the fol-
lowing: ‘‘The Administrator reserves the right to re-
219
view such audits to determine that the costs for
which the claimant is seeking reimbursement are
consistent with section 111 and, where necessary,
withhold claims or a portion thereof which are incon-
sistent with section 111(a).’’.
SEC. 703. SMALL BUSINESS OMBUDSMAN.
The Administrator of the Environmental Protection
Agency shall establish a small business Superfund assist-
ance section within the small business ombudsman office
at the Environmental Protection Agency. Such section
shall carry out the following functions:
(1) Act as a clearinghouse of information for
small businesses regarding the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980. Such information shall be comprehen-
sible to a lay person and shall include information
regarding the allocation process under section 130 of
such Act, requirements and procedures for expedited
settlements pursuant to section 122(g) of such Act,
de minimis and de micromis status, and ability-to-
pay procedures.
(2) Provide general advice and assistance to
small businesses as to their questions and problems
concerning the allocation and settlement processes,
except that such advice and assistance shall not in-
220
clude any legal advice as to liability or any other
legal representation. The ombudsman shall not par-
ticipate in the allocation process.
(3) Develop proposals and make recommenda-
tions for changes in policies and activities of the En-
vironmental Protection Agency which would better
fulfill the goals of title II of the Reform of
Superfund Act of 1995 in ensuring equitable, sim-
plified, and expedited allocations and settlements for
small businesses.
SEC. 
704. 
CONSIDERATION 
OF 
LOCAL 
GOVERNMENT
CLEANUP PRIORITIES.
Section 104(c)(2) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) In setting priorities for scheduling work and al-
locating oversight resources for a remedial action at a fa-
cility at which a potentially responsible party that is a
State or local government proposes to carry out the reme-
dial action (or a portion thereof), the Administrator
should give higher priority to such remedial action (or por-
tion thereof) if the State or local government demonstrates
that the remedial action (i) will have a public benefit; and
(ii) will result in the property on or adjacent to the facility
221
being returned to productive use. A private potentially re-
sponsible party may request similar consideration, in the
Administrator’s discretion.’’.
SEC. 705. SAVINGS CLAUSE.
Nothing in this Act or any amendment made by this
Act shall affect the application of the Atomic Energy Act
of 1954 to any facility licensed by the Nuclear Regulatory
Commission.
SEC. 706. REPORT AND OVERSIGHT REQUIREMENTS.
(a) SUBMISSION
TO STATE GOVERNORS.—Section
301(h)(1) (42 U.S.C. 9651(h)(1)) is amended in the mat-
ter preceding subparagraph (A) by striking ‘‘to Congress
of such Agency’’ and inserting ‘‘of such Agency to Con-
gress and the Governor of each State’’.
(b) PROGRESS REPORT.—Section 301(h)(1)(A) is
amended to read as follows:
‘‘(A) A progress report of accomplishments
and expenditures on a State-by-State basis, in-
cluding—
‘‘(i) a statement of the number of
completed record of decisions, removal ac-
tions, remedial actions, and enforcement
actions; and
‘‘(ii) a statement of—
222
‘‘(I) the aggregate amount ex-
pended in each State;
‘‘(II) the amount expended in
each State for site investigation and
cleanup activities;
‘‘(III) the amount expended in
each State for non site-specific costs;
and
‘‘(IV) the amount expended for
enforcement actions and cost recovery
activities.’’.
(c) OTHER REPORT CONTENTS.—Section 301(h)(1)
is amended—
(1) in subparagraph (B) by striking the period
at the end and inserting ‘‘and removal or remedial
action.’’; and
(2) in subparagraph (C) by inserting ‘‘, removal
action, and remedial action’’ after ‘‘study’’.
(d) RESPONSE TO STATE COMMENTS BY EPA.—Sec-
tion 301(h) is amended by adding at the end the following:
‘‘(4) RESPONSE
TO
STATE
COMMENTS
BY
EPA.—The Administrator of the Environmental Pro-
tection Agency shall respond in writing to any com-
ments submitted to the Administrator by a State re-
garding reports developed under this subsection.’’.
223
SEC. 707. RESPONSE AUTHORITIES.
(a) DISPOSAL
AUTHORITY.—Section 104(j) (42
U.S.C. 9604(j)) is amended as follows:
(1) In paragraph (1), by striking ‘‘remedial’’ in
the first sentence and inserting ‘‘response’’.
(2) By amending paragraph (2) to read as fol-
lows:
‘‘(2) DISPOSAL AUTHORITY.—The President is
authorized to dispose of any interest in real property
acquired for use by the President under this sub-
section by sale, exchange, donation, or otherwise and
any such interest in real property shall not be sub-
ject to any of the provisions of section 120 except
the notice provisions of section 120(h)(1). Any mon-
eys received by the President pursuant to this para-
graph shall be deposited in the Fund.’’.
(3) In paragraph (3) by striking ‘‘estate’’ and
inserting ‘‘property’’.
TITLE VIII—AMENDMENTS TO
OIL POLLUTION ACT OF 1990
TITLE VIII—AMENDMENTS TO OIL POLLUTION ACT OF 1990
Sec. 801. Ensuring cost-effective restoration, rehabilitation, replacement, or ac-
quisition of natural resources.
Sec. 802. Measure of natural resource damages.
Sec. 803. Damage assessment regulations.
Sec. 804. Definitions.
224
SEC. 801. ENSURING COST-EFFECTIVE RESTORATION, RE-
HABILITATION, REPLACEMENT, OR ACQUISI-
TION OF NATURAL RESOURCES.
Section 1006(c) of the Oil Pollution Act of 1990 (33
U.S.C. 2706(c)) is amended—
(1) by striking ‘‘a plan for the restoration,’’
each place it appears and inserting ‘‘the most cost-
effective, cost-reasonable, and timely plan for the
restoration,’’; and
(2) by adding at the end the following new
paragraph:
‘‘(6) NATURAL RECOVERY.—In developing plans
under this subsection, Federal, State, local, tribal,
and foreign trustees designated under subsection (b)
shall consider natural recovery to be a means of nat-
ural resource restoration.’’.
SEC. 802. MEASURE OF NATURAL RESOURCE DAMAGES.
Section 1006(d) of the Oil Pollution Act of 1990 (33
U.S.C. 2706(d)) is amended—
(1) by amending paragraph (1)(A) to read as
follows:
‘‘(A) the cost of measures to restore, reha-
bilitate, replace, or acquire the equivalent of,
natural resources that are damaged as a direct
result of a discharge of oil, that are reasonable
and necessary to re-establish—
225
‘‘(i) the measurable and ecologically
significant functions that such natural re-
sources would have performed in the ab-
sence of the discharge; and
‘‘(ii) the uses of the natural resources
by the public that would have occurred in
the absence of the discharge;’’;
(2) in paragraph (1)(B) by inserting before the
semicolon 
the 
following: 
‘‘, 
other 
than 
any
dimunition in nonuse value’’;
(3) in paragraph (3) by inserting ‘‘or any other
law’’ after ‘‘under this Act’’.
SEC. 803. DAMAGE ASSESSMENT REGULATIONS.
Section 1006(e) of the Oil Pollution Act of 1990 (33
U.S.C. 2706(e)) is amended to read as follows:
‘‘(e) DAMAGE ASSESSMENT REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than August 18,
1998, the President shall issue regulations imple-
menting 
solely 
this 
section 
and 
section
1002(b)(2)(A), that require that any assessments of
natural resource damages for purposes of section
1002(b)(2)(A) shall be performed—
‘‘(A) at the location of the natural re-
sources concerned; and
226
‘‘(B) with respect to the specific discharge
of oil giving rise to the damages.
‘‘(2) CONTENT, GENERALLY.—(A) The regula-
tions under this subsection shall—
‘‘(i) enumerate cost-effective and generally
accepted scientific and technical methods and
protocols to ensure the validity and reliability of
natural resource damage assessments; and
‘‘(ii) require that natural resource damage
assessments conducted for purposes of this Act
shall be performed in accordance with the regu-
lations.
‘‘(B) Notwithstanding subparagraph (A)(ii),
other methods for assessing natural resource dam-
ages may be used if such methods will yield a more
cost-effective and cost-reasonable plan for the res-
toration of natural resources damaged by a particu-
lar discharge of oil. The party proposing use of such
other methods shall in all instances have the burden
of establishing that such methods will yield a more
cost-effective and cost-reasonable plan for restora-
tion than assessments performed in accordance with
the regulations.
‘‘(3) DESIGNATION
OF
LEAD
TRUSTEE.—The
regulations under this subsection shall require that,
227
in the case of a site where more than 1 Federal or
State trustee intends to conduct an assessment, the
trustees shall designate a lead decisionmaking trust-
ee at the site. Such designation shall be done not
later than 180 days after first notice to the respon-
sible parties that a natural resource damage assess-
ment will be made. Failure by a trustee to partici-
pate in the designation of a lead trustee shall pre-
clude the trustee from seeking costs from a respon-
sible party.’’.
SEC. 804. DEFINITIONS.
Section 1006 of the Oil Pollution Act of 1990 (33
U.S.C. 2706) is amended by adding at the end the follow-
ing new subsection:
‘‘(h) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) COST-EFFECTIVE.—The term ‘cost-effec-
tive’ means the least costly of two or more restora-
tion alternatives or lost use replacement or acquisi-
tion alternatives which provide the same or a similar
level of services to the public.
‘‘(2) COST-REASONABLE.—The term ‘cost-rea-
sonable’ means that the costs of a restoration alter-
native or the costs of a lost use replacement or ac-
quisition alternative do not exceed the value of the
228
services that will be provided to the public by the se-
lected alternative. Cost-reasonableness shall be based
upon a determination of the incremental costs and
the incremental benefits of alternatives for reestab-
lishing various degrees of services up to baseline.
‘‘(3) TIMELY.—The term ‘timely’ means the
shortest period of time necessary to meet restoration
requirements that takes into account both cost-effec-
tive and cost-reasonable criteria.’’.
TITLE IX—REMEDIATION WASTE
MANAGEMENT
Sec. 901. Remediation waste.
Sec. 902. Underground storage tank remediation.
Sec. 903. Limitation of liability.
SEC. 901. REMEDIATION WASTE.
The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding at the end the following new
subtitle:
‘‘Subtitle K—Remediation waste
management
‘‘PART 1—GENERAL PROVISIONS
‘‘SEC. 12001. PURPOSES AND OBJECTIVES.
‘‘The purposes and objectives of this subtitle are to—
‘‘(1) significantly increase the environmental
protectiveness, cost effectiveness, and pace of re-
sponse activities at contaminated sites by promoting
229
and encouraging the development and expansion of
State-lead remediation programs; and
‘‘(2) benefit the public health, welfare, and the
environment by expediting cleanup of active indus-
trial facilities and returning contaminated sites to
economically productive or other beneficial uses.
‘‘SEC. 12002. DEFINITIONS.
‘‘(a) IN GENERAL.—For the purposes of this subtitle:
‘‘(1) The term ‘remediation wastes’ means any
solid waste or any media (including ground water,
surface water, soils and sediments) that is actively
managed during implementation of a remedial action
plan which—
‘‘(A) is a waste listed under section
3001(b) of this Act or is derived from a waste
listed under such section 3001(b);
‘‘(B) exhibits a characteristic of hazardous
waste as defined by the Administrator under
section 3001(b) of this Act; or
‘‘(C) contains or is mixed with waste listed
under section 3001(b) of this Act.
‘‘(2) The term ‘remedial action plan’ means a
document, or portion of a document, including any
order, permit, or agreement, that is entered into
with, or subject to the approval and oversight of, the
230
Administrator or a State with remediation waste
management programs authorized under this subtitle
which describes—
‘‘(A) the remediation wastes being man-
aged;
‘‘(B) the manner in which the remediation
wastes will be managed; and
‘‘(C) the schedule for implementation.
‘‘(b) SAVINGS PROVISION.—Nothing in this title shall
preclude a State or the Administrator from including or
addressing wastes or constituents.
‘‘SEC. 12003. REQUIREMENTS NOT APPLICABLE TO REMEDI-
ATION WASTE.
‘‘Upon enactment of this subtitle, remediation wastes
managed pursuant to an order, permit, or enforceable
agreement, or other remedial action plan issued by, en-
tered into with, or approved by, the Administrator or a
State shall not be subject to any of the following provisions
of subtitle C of this Act:
‘‘(A) Any prohibitions under subsections (d),
(e), (f) or (g) of section 3004.
‘‘(B) Any treatment standard promulgated
under subsection (m) of section 3004.
231
‘‘(C) Any minimum technological requirements
regarding land-based solid waste management units
promulgated under section 3004(o).
‘‘(D) Any permit requirement for the treat-
ment, storage, or disposal of remediation wastes
where such activity is conducted entirely onsite.
‘‘(E) Any requirement imposed pursuant to sec-
tion 3020.
The provisions of this section shall not be construed to
preclude the Administrator or a State from imposing any
treatment, design, or other requirements for remediation
wastes pursuant to other provisions of law.
‘‘SEC. 12004. REMEDY SELECTION CRITERIA FOR CERTAIN
WASTE UNDER SUBTITLE C.
‘‘All remedies required by this Act under sections
3004(u), 3004(v), or 3008(h) shall be as necessary to pro-
tect human health and the environment from realistic
risks in a cost-effective and cost-reasonable manner. No
preference or bias shall apply to any specific method of
remediation. In selecting such final remedies, the following
factors shall be balanced and the final remedy shall be
based upon the current use and reasonably anticipated fu-
ture uses of land, water and other resources at the reme-
dial action site:
232
‘‘(1) The effectiveness of the remedy, including
its implementability and technical practicability,
ability to reduce risk, and ability to prevent long-
term cost escalation.
‘‘(2) The reliability of the remedy over the short
and long term.
‘‘(3) Risks to the affected community, to those
engaged in the cleanup effort, and to the environ-
ment arising from offsite transportation and subse-
quent management of the hazardous wastes involved
and short-term risks posed by the implementation of
the remedy.
‘‘(4) Where relevant, the acceptability of the
remedy to the affected community, as represented by
the elected officials of the affected local government.
‘‘(5) The reasonableness of the costs of the
remedy in relation to other significant remedial op-
tions.
In determining reasonably anticipated future uses of re-
sources, the current uses of such resources shall be consid-
ered to be the reasonably anticipated future uses unless
the Administrator or State, as the case may be, deter-
mines, based upon the administrative record, that there
is a substantial probability of different future uses.
233
‘‘PART 2—STATE PROGRAMS
‘‘SEC. 12011. CERTIFICATION OF STATE PROGRAMS FOR
STATES 
WITH 
AUTHORIZED 
HAZARDOUS
WASTE PROGRAMS.
‘‘(a) CERTIFICATION.—At any time after the enact-
ment of this subtitle, a State that has a hazardous waste
program authorized under section 3006(b) of this Act may
submit to the Administrator a certification, supported by
such documentation as the State considers to be appro-
priate, demonstrating that the State has a State program
for the management of remediation wastes under this part
which includes each of the following:
‘‘(1) Statutory and regulatory authority to con-
trol the management of remediation wastes from
generation to disposal in a manner that protects
human health and the environment from realistic
and significant risks.
‘‘(2) Resources in place to administer and en-
force those authorities.
‘‘(3) Procedures to ensure public notice and op-
portunity for comment on remedial action plans sub-
mitted to the State.
‘‘(4) Procedures to ensure that where remedi-
ation wastes are moved to a State (‘importing
State’) other than the State in which the remedi-
234
ation wastes are generated (‘exporting State’), the
exporting State will notify the importing State.
‘‘(b) INTERIM AUTHORIZATION.—Beginning 60 days
after submission of a certification under subsection (a),
the State program that is the subject of such certification
shall be treated as a certified State program under this
subtitle until the Administrator issues a determination
under subsection (c).
‘‘(c) DETERMINATION.—
‘‘(1) IN GENERAL.—Not later than 18 months
after the date on which a State submits to the Ad-
ministrator a certification under subsection (a), after
public notice and opportunity for comment, the Ad-
ministrator shall issue to the State and publish in
the Federal Register a determination that—
‘‘(A) the certification meets all of the cri-
teria in subsection (a), and the State program
is finally certified under this subtitle; or
‘‘(B) the certification fails to meet one or
more of the criteria stated in subsection (a),
stating with particularity the elements of the
State program that are considered to be defi-
cient, and that the deficiency would likely result
in a State remediation waste management pro-
gram that does not protect human health and