I
104TH CONGRESS
1ST SESSION
H. R. 2500
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 1995
Mr. OXLEY (for himself, Mr. BLILEY, Mr. SHUSTER, Mr. BOEHLERT, Mr.
TAUZIN, Mr. UPTON, Mr. GILLMOR, Mr. ROEMER, Mr. BURR, Mr. HORN,
Mr. PARKER, Mr. WAMP, Mr. DUNCAN, Mr. YOUNG of Arkansas, Mr.
QUINN, Mr. PETRI, Mr. BACHUS, and Mr. CRAPO) introduced the follow-
ing bill; which was referred to the Committee on Commerce, and in addi-
tion to the Committees on Transportation and Infrastructure and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ‘‘Reform of Superfund
Act of 1995’’.
TITLE I—REMEDY SELECTION AND COMMUNITY PARTICIPATION
Sec. 101. Objective and unbiased risk assessment standards.
Sec. 102. Remedy selection.
Sec. 103. Public participation.
Sec. 104. Community Assistance Groups.
Sec. 105. Hazard ranking system and revision of National Contingency Plan.
Sec. 106. Disease registry and medical care providers.
Sec. 107. Determining health effects.
Sec. 108. Public health at NPL facilities.
Sec. 109. Health studies.
Sec. 110. Distribution of materials to health professionals and medical centers.
Sec. 111. Grant awards, contracts, and community assistance activities.
Sec. 112. Removal actions.
Sec. 113. Hazardous substance property use.
Sec. 114. Judicial review of remedy.
Sec. 115. Effective date and transition rules.
TITLE II—LIABILITY
Sec. 201. Retroactive liability discount.
Sec. 202. Reimbursement for certain retroactive municipal landfill liability.
Sec. 203. Additional liability exemptions and limitations.
Sec. 204. Clarifications of certain liability.
Sec. 205. Illegal activities.
Sec. 206. Amendments to section 106.
Sec. 207. Allocation procedures.
Sec. 208. Civil proceedings.
Sec. 209. Limitations on contribution actions.
Sec. 210. Liability of response action contractors.
Sec. 211. Enhancement of settlement authorities.
Sec. 212. Professional services.
Sec. 213. Final covenants.
Sec. 214. Expedited final settlements.
Sec. 215. Clarification of liability for recycling transactions.
Sec. 216. Information gathering and access.
TITLE III—BROWNFIELDS AND VOLUNTARY CLEANUPS
Sec. 301. State voluntary response programs.
Sec. 302. Lender and fiduciary liability.
Sec. 303. Innocent landowners.
Sec. 304. Limitation on Federal enforcement actions under CERCLA for
States with approved remedial action programs.
Sec. 305. Bona fide prospective purchaser liability.
TITLE IV—NATURAL RESOURCE DAMAGES
Sec. 401. Natural resource damages.
TITLE V—STATE ROLE
Sec. 501. Authorization of State programs at national priorities list facilities.
Sec. 502. National priorities list cap.
Sec. 503. State and local reimbursement for response actions.
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.
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.
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.
TITLE IX—REMEDIATION WASTE MANAGEMENT
Sec. 901. Remediation waste.
Sec. 902. Underground storage tank remediation.
Sec. 903. Limitation of liability under Solid Waste Disposal Act.
TITLE X—FUNDING
Subtitle A—Expenditures from the Hazardous Substance Superfund
Sec. 1001. Expenditures from the hazardous substance superfund.
Sec. 1002. Authorization of appropriations from general revenues.
Subtitle B—5–Year Extension of Hazardous Substance Superfund
Sec. 1011. 5-year extension of hazardous substance superfund.
TITLE 
I—REMEDY 
SELECTION
AND COMMUNITY PARTICIPA-
TION
SEC. 101. OBJECTIVE AND UNBIASED RISK ASSESSMENT
STANDARDS.
Title I is amended by adding the following new sec-
tion at the end thereof:
‘‘SEC. 127. NATIONAL RISK PROTOCOL.
‘‘(a) IN GENERAL.—Risk assessments conducted
under this Act shall—
‘‘(1) provide scientifically objective and unbi-
ased estimates and characterizations which neither
minimize nor exaggerate the nature and magnitude
of risks to human health and the environment;
‘‘(2) distinguish scientific findings from other
considerations;
‘‘(3) be based on relevant and current scientific,
technical and exposure-related information, including
available or reasonably obtainable epidemiologic
data, data on bioavailability, and site-specific infor-
mation.’’.
‘‘(b) GUIDELINES.—(1) The President shall evaluate
and publish guidelines that, to the degree appropriate and
practicable—
‘‘(A) define the use of probabilistic modeling;
‘‘(B) identify criteria for the selection and ap-
plication of transport and fate models;
‘‘(C) define the use of population risk estimates
in addition to individual risk estimates;
‘‘(D) define appropriate approaches for address-
ing cumulative potential risks posed by multiple con-
taminants or multiple exposure pathways;
‘‘(E) establish appropriate sampling approaches
and data quality requirements; and
‘‘(F) establish policy and procedures for inde-
pendent and external peer review for significant risk
assessments, models, or methodologies.
‘‘(2) The guidelines under paragraph (1) shall also
provide methodology or guidance for establishing protec-
tive exposure levels that are set, to the extent feasible and
scientifically appropriate, at the final 90th percentile of
the exposure probability distribution. For parameters
based on assumptions without a statistical distribution,
the President shall use the most plausible assumptions
given the weight of the scientific information available to
the President.
‘‘(3) Final guidelines under this subsection shall be
established after independent and external peer review and
notice and opportunity for comment on draft guidelines.
The publication of final guidelines shall be considered final
agency action.
‘‘(c) REVIEW OF SUBSTANCES.—(1) The President,
in consultation with the Administrator and the Adminis-
trator of the ATSDR, shall conduct a review of the health
effects values and toxicological profiles of 25 hazardous
substances listed under paragraph (2) of section 104(i)
that the President considers to be carcinogens and that
pose the most significant risk at National Priorities List
sites and publish an assessment of such health effects val-
ues. The President shall not include substances in the re-
view under this subsection if such substance is currently
under scientific reevaluation pursuant to title XIV of the
Public Health Service Act (the Safe Drinking Water Act).
For purposes of such review and assessment, within 30
days after the date of the enactment of the Reform of
Superfund Act of 1995, the President shall publish an ad-
vance notice of proposed rulemaking to obtain public com-
ments on such review and assessment. Not later than 15
months after the date of the enactment of the Reform of
Superfund Act of 1995, the President shall publish a draft
of such assessment. After receiving such comments on
such draft assessment, and after independent and external
peer review, but within 2 years after the date of the enact-
ment of the Reform of Superfund Act of 1995, the Presi-
dent shall complete the review and publish the assessment
under this subsection. The publication of the final assess-
ment shall be considered final agency action.
‘‘(2) The review and assessment under this sub-
section shall include a discussion, to the extent relevant,
of both laboratory and epidemiological data of sufficient
quality which finds, or fails to find, a significant correla-
tion between health risks and a potential toxin. Where
conflicts among such data appear to exist, or where animal
data are used as a basis to assess human health, the re-
view and assessment shall, where appropriate, include dis-
cussion of reconciliation of conflicting information, and as
appropriate, differences in study designs, comparative
physiology, 
routes 
of 
exposure, 
bioavailability,
pharmacokinetics, and any other relevant factor.
‘‘(3) Where the review and assessment involve selec-
tion of any significant assumption, inference, or model, the
President shall—
‘‘(A) present a representative list and expla-
nation of plausible and alternative assumptions, in-
ferences, or models;
‘‘(B) explain the basis for any choices;
‘‘(C) identify any policy or value judgments;
‘‘(D) fully describe any model used in the risk
assessment and make explicit the assumptions incor-
porated in the model; and
‘‘(E) indicate the extent to which any signifi-
cant model has been validated by, or conflicts with,
empirical data.
‘‘(4) If numerical estimates of risk or health effects
values are provided, the President shall specify the popu-
lation that is the subject of the estimate. To the extent
feasible and scientifically appropriate, the President shall
include, among other estimates, central estimates of risk
or health effects values using the most plausible assump-
tions, given the weight of the scientific information avail-
able to the President. Where significant assumptions have
substantially similar scientific support, the President shall
provide a description of the range of estimates. The Presi-
dent also shall provide a description of scientific uncertain-
ties that accompany such estimates.
‘‘(d) UPDATING OF HEALTH EFFECTS VALUES.—
The President shall determine an appropriate approach
and schedule for reviewing the health effects values of
chemicals on the hazardous substances list to ensure that
such values remain current with emerging science and rel-
evant Agency policy.’’.
SEC. 102. REMEDY SELECTION.
Section 121 (42 U.S.C. 9621) is amended to read as
follows:
‘‘SEC. 121. REMEDY SELECTION.
‘‘(a) IN GENERAL.—The President shall select appro-
priate remedial actions determined to be necessary to be
carried out under section 104 or secured under section
106 in accordance with this section.
‘‘(b) GENERAL STANDARDS.—(1) Remedies selected
at individual facilities shall be those necessary to protect
human health and the environment from realistic and sig-
nificant risks through cost-effective and cost-reasonable
means.
‘‘(2) Remedies shall prevent or eliminate any actual
human ingestion of drinking water containing any hazard-
ous substance at levels—
‘‘(A) in excess of the maximum contaminant
level established under title XIV of the Public
Health Service Act (the Safe Drinking Water Act),
or
‘‘(B) if no such maximum contaminant level has
been established, in excess of those levels needed to
protect human health from realistic and significant
risks.
‘‘(3) With respect to non-threshold carcinogens, a
remedy shall be deemed protective of human health if the
remedy limits cumulative, lifetime additional cancer risk
from exposure to hazardous substances from releases at
the facility to within the range of one in 10,000 to one
in 1,000,000 for the affected population, as determined
by the President, based upon the actual or reasonably an-
ticipated future uses of land, water, and other resources.
Nothing in this paragraph shall require remedies to in-
crease net risks to human health when considering sub-
section (f)(1)(C).
‘‘(4) Where available, the President shall use infor-
mation on actual ingestion, inhalation, dermal contact, or
blood or tissue toxin levels at the site. Where the President
uses estimates, protective exposure levels shall be based,
to the extent feasible and scientifically appropriate, at the
final 90th percentile of the exposure probability distribu-
tion for the population that is the subject of the specific
estimate. For exposure and bioavailability parameters
based on assumptions without a statistical distribution, in-
cluding those in any relevant model, the President shall
use the most plausible assumptions, given the weight of
the scientific information available to the President.
‘‘(5) A remedial action shall be deemed protective of
the environment if, based on the actual or reasonably an-
ticipated future use of the land, water, or other resources,
it will protect against realistic and significant risks to eco-
logical resources that are necessary to the sustainability
of a significant ecosystem and will not interfere with a
sustainable functional ecosystem.
‘‘(6) In evaluating and selecting remedial actions, the
President shall take into account the potential for injury
to, destruction of, or loss of a natural resource resulting
from such action.
‘‘(7) Remedial actions requiring point source dis-
charges into navigable waters of the United States shall
comply with applicable State standards respecting those
point source discharges.
‘‘(c) METHOD OF REMEDIATION.—A remedial action
may achieve protection of human health and the environ-
ment through treatment that reduces the toxicity, mobil-
ity, or volume of hazardous substances; stabilization;
source control; natural attenuation over a reasonable pe-
riod of time; containment or other engineering controls to
limit exposure; institutional controls; point of use treat-
ment; provision of alternative water supply or other meth-
ods; or a combination of any of the preceding methods.
No preference or bias shall apply to any specific method
of remediation. The method or methods of remediation ap-
propriate for a given facility shall be determined through
the evaluation of remedial alternatives and the selection
process under subsections (d), (e), and (f).
‘‘(d) ANTICIPATED USE
OF LAND, WATER
AND
OTHER RESOURCES.—(1) In selecting a remedy, the
President shall take into account the current and reason-
ably anticipated future uses of land, water, and other re-
sources at a facility and the timing of such uses. Such
reasonably anticipated uses may include current uses or
potential future uses that have a substantial probability
of occurring, based on the administrative record and the
information to be considered under this paragraph. In
identifying such reasonably anticipated future uses, the
President shall consider relevant factors, which generally
shall include the following:
‘‘(A) Any consensus recommendation of the
Community Assistance Group and any other views
expressed by members of the affected community,
except that, with respect to a Federal facility sched-
uled for closure or realignment, the President shall
consider any joint consensus recommendation of the
Community Assistance Group and a redevelopment
authority which has been established for such facil-
ity.
‘‘(B) The historical land, water, and other re-
sources of the facility and surrounding properties,
the current uses of the facility and surrounding
properties, recent development patterns in the area
where the facility is located, and population projec-
tions for that area.
‘‘(C) Federal or State land use designations, in-
cluding Federal facilities and national parks, State
ground water or surface water recharge areas estab-
lished under a State’s comprehensive protection plan
for ground water or surface water, and recreational
areas.
‘‘(D) The current land use zoning and future
land use plans of the local government with land use
regulatory authority.
‘‘(E) The potential for economic redevelopment.
‘‘(F) Current plans for the facility by the prop-
erty owner or owners.
‘‘(G) The availability of alternative sources of
drinking water.
‘‘(2) In developing its recommendation, the Commu-
nity Assistance Group shall consider factors listed in sub-
paragraphs (B) through (G) of paragraph (1).
‘‘(3) All information considered by the President in
evaluating reasonably anticipated future land uses under
this subsection shall be included in the administrative
record under section 113(k).
‘‘(e) SITE SPECIFIC RISK ASSESSMENT.—The Presi-
dent shall use site-specific risk assessment consistent with
section 127 to—
‘‘(1) determine the nature and extent of risk to
human health and the environment;
‘‘(2) determine whether a response action is
needed at the facility; and
‘‘(3) evaluate alternative remedial actions for
the facility to determine their risk reduction benefits
and assist in selecting the remedial action for the fa-
cility that meets the criteria of subsection (f).
‘‘(f) APPROPRIATE REMEDIAL ACTION.—
‘‘(1) ALTERNATIVES
CONSIDERED
AND
FAC-
TORS BALANCED.—The President shall identify an
appropriate mix of remedial alternatives, including
significant options provided by interested parties.
Appropriate remedies shall be based on the current
and reasonably anticipated future uses of land,
water, and other resources, and the timing of such
uses. The President shall select an appropriate rem-
edy by considering and balancing, under paragraph
(2), the following factors:
‘‘(A) The effectiveness of the remedy, in-
cluding its implementability and technical prac-
ticability and the ability to reduce risks.
‘‘(B) The reliability of the remedy over the
short and long term.
‘‘(C) Risks to the affected community, to
those engaged in the cleanup effort, and to the
environment arising from offsite transportation
and subsequent management of the hazardous
substances involved and short-term risks posed
by the implementation of the remedy.
‘‘(D) The acceptability of the remedy to
the affected community, as represented by the
elected officials of the affected local govern-
ment.
‘‘(E) The reasonableness of the costs of
the remedy in relation to other significant reme-
dial options.
‘‘(2) EVALUATION OF COST-EFFECTIVENESS.—
The President shall demonstrate and certify that the
selected remedy represents a cost-effective risk re-
duction and that the incremental cost of the chosen
alternative is justified and reasonably related to the
incremental risk reduction benefits of the remedy.
The assessment of incremental costs and incremen-
tal risk reduction benefits shall include evaluation of
the difference in costs and benefits between signifi-
cant remedial options. Incremental costs and risk re-
duction benefit shall be quantified to the maximum
extent practicable and appropriate and shall other-
wise be qualitatively described. To the extent fea-
sible, costs and benefits should be determined on a
net present value basis. The President shall give a
preference to the most cost-effective remedial option
that adequately protects human health and the envi-
ronment from realistic and significant risks consider-
ing both short-term and long-term costs over the
life-cycle of the remedy.
‘‘(g) GENERIC REMEDIES.—(1) To expedite and in-
crease the efficiency of the remedy selection process, the
President may, after notice and opportunity for comment,
establish generic remedies where such remedies are dem-
onstrated to be effective in protecting human health and
the environment from realistic and significant risk in a
cost-effective and cost-reasonable manner. The President
shall not establish generic remedies for mining and min-
eral processing facilities or related areas of contamination.
Generic remedies may provide for consideration of a mix
of site-specific factors along with generic approaches for
particular categories of sites. Such demonstration shall—
‘‘(A) be based on the record from a number of
comparable sites,
‘‘(B) evaluate an appropriate mix of remedial
options, and
‘‘(C) show that the generic remedy will not pre-
vent consideration of site-specific factors which vary
significantly from site to site in a manner that could
significantly impact protection of human health or
the environment or the costs of the remedy.
‘‘(2) Where a generic remedy applies the President
need not perform a site specific risk assessment or evalua-
tion of alternatives under this section. The President shall
publish a notice of intention to utilize and opportunity to
comment on the applicability of any generic remedy for
the site.
‘‘(3) An interested party may seek a waiver from a
generic remedy. The request for a waiver shall include suf-
ficient site-specific and other information to demonstrate
that the generic remedy is not appropriate or that another
alternative can protect human health and the environment
through significantly less costly means. The President
shall consider the request for a waiver within 90 days and
grant requests meeting the demonstration in this para-
graph.
‘‘(h) EARLY EVALUATION AND PHASED REMEDIAL
ACTION.—(1) The President shall consider new proce-
dures for conducting remedial investigations and feasibil-
ity studies in an efficient, cost-effective and timely man-
ner. Such new procedures shall take into consideration a
results-oriented approach in order to minimize the time
required to conduct such investigations and studies. The
President shall, as part of the next proposed revision of
the National Contingency Plan after the enactment of this
paragraph, propose, as appropriate, to incorporate the new
procedures for conducting the remedial investigations and
feasibility studies. The President shall, as appropriate,
employ a phased approach to site characterization and re-
mediation in which remedies are arrived at through a se-
quence of investigations and actions. Information gathered
in one phase shall be used to inform each successive phase
until final remediation goals are determined and attained.
‘‘(2) To facilitate efficient and effective site charac-
terization that promotes early evaluation of remedial alter-
natives and to prevent ground water contamination prob-
lems from worsening, the President shall ensure, to the
extent practicable, that hydrogeologic and contaminant-re-
lated information necessary to select final ground water
remedial actions, including findings of technical imprac-
ticability, shall be collected as part of site characterization
activities prior to and during the remedial investigation.
‘‘(i) INSTITUTIONAL
CONTROLS.—Whenever the
President selects a remedial action which relies on restric-
tions on the use of land, water, or other resources to
achieve protection of human health and the environment,
the President shall specify the nature of the restrictions
required to achieve such protections, including restrictions
on the permissible uses of land, prohibitions on specified
activities upon the property, restrictions on the drilling of
wells or other use of ground water, or restrictions on the
use of surface water, and may ensure that such restric-
tions are incorporated into a hazardous substance ease-
ment, as provided by section 104(k). In reviewing remedial
action alternatives that would require the use of such re-
strictions and providing opportunity for public comment
on those alternatives, the President shall identify the na-
ture of any institutional controls that would be required
to implement such restrictions, known or anticipated af-
fected persons, the likely duration of such restrictions, and
the anticipated costs of acquiring any appropriate hazard-
ous substance easements and enforcing the appropriate re-
strictions.
‘‘(j) TECHNICAL IMPRACTICABILITY.—The President
shall, for purposes of section 121(f)(1)(A), make findings
of technical impracticability from an engineering perspec-
tive on the basis of projections, modeling, or other analysis
on a site specific basis (including the consideration of in-
formation presented by responsible parties at such facility)
without a requirement that the remedial measure for
which a finding of technical impracticability is under con-
sideration be first constructed or installed and operated
and its performance over time reviewed, unless such pro-
jection, modeling, measure, or other analysis are insuffi-
cient or inadequate to make such a finding.
‘‘(k) PROCEDURAL REQUIREMENTS
FOR ON-SITE
ACTIONS.—Procedural requirements of Federal and State
standards, requirements, criteria, or limitations, including
not adopted for the purpose of precluding onsite re-
medial actions or other land disposal for reasons un-
related to protection of human health and the envi-
ronment.
‘‘(C) The State arranges for, and assures pay-
ment of the incremental costs of utilizing, a facility
for disposition of the hazardous substances con-
cerned.
‘‘(n) STATE INVOLVEMENT.—The President shall
promulgate regulations providing for substantial and
meaningful involvement by each State in initiation, devel-
opment, and selection of remedial actions to be undertaken
in that State. The regulations, at a minimum, shall in-
clude each of the following:
‘‘(1) State involvement in decisions whether to
perform a preliminary assessment and site inspec-
tion.
‘‘(2) Allocation of responsibility for hazard
ranking system scoring.
‘‘(3) State concurrence in deleting facilities
from or adding facilities to the National Priorities
List.
‘‘(4) State participation in the long-term plan-
ning process for all remedial sites within the State.
‘‘(5) A reasonable opportunity for States to re-
view and comment on each of the following:
‘‘(A) The remedial investigation and fea-
sibility study and all data and technical docu-
ments leading to its issuance.
‘‘(B) The planned remedial action identi-
fied in the remedial investigation and feasibility
study.
‘‘(C) The engineering design following se-
lection of the final remedial action.
‘‘(D) Other technical data and reports re-
lating to implementation of the remedy.
‘‘(E) Notice to the State of negotiations
with potentially responsible parties regarding
the scope of any response action at a facility in
the State and an opportunity to participate in
such negotiations and be a party to any settle-
ment.
‘‘(F) Notice to the State and an oppor-
tunity to comment on the President’s proposed
plan for remedial action as well as on alter-
native plans under consideration. The Presi-
dent’s proposed decision regarding the selection
of remedial action shall be accompanied by a re-
sponse to the comments submitted by the State.
A copy of such response shall also be provided
to the State.
‘‘(G) Prompt notice and explanation of
each proposed action to the State in which the
facility is located.
Prior to the promulgation of such regulations, the Presi-
dent shall provide notice to the State of negotiations with
potentially responsible parties regarding the scope of any
response action at a facility in the State, and such State
may participate in such negotiations and any settlements.
‘‘(o) STATES ADJOINING CERTAIN FACILITIES.—(1)
The President shall provide to any adjoining State those
opportunities for review and comment regarding any re-
sponse action at a facility owned or operated by the De-
partment of Energy that are provided to the State in
which such facility is located pursuant to paragraph (5)
of subsection (n).
‘‘(2) The State in which a facility owned or operated
by the Department of Energy is located may enter into
a Memorandum of Understanding with an adjoining State
addressing issues of mutual concern regarding response
actions at the facility.
‘‘(3) Whenever the State in which a facility owned
or operated by the Department of Energy is located brings
an action under this Act to compel the implementation of
a remedial action pursuant to this Act at such facility,
any adjoining State may intervene as a matter of right
in such action.
‘‘(4) For purposes of this subsection, the term ‘ad-
joining State’ means any State (other than the State in
which a facility owned or operated by the Department of
Energy is located) that is located within 50 miles of a fa-
cility owned or operated by a department, agency, or in-
strumentality of the United States.’’.
SEC. 103. PUBLIC PARTICIPATION.
Section 117 (42 U.S.C. 9617) is amended by striking
subsection (e) and inserting the following:
‘‘(e) GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) AUTHORITY.—In accordance with the rules
promulgated by the President, the President may
make grants available to any group of individuals
which may be affected by the release or threatened
release of hazardous substances at any facility on
the National Priorities List. Such grants shall be
known as Technical Assistance Grants. To ensure
that the application process is accessible to all af-
fected citizens, the President shall periodically re-
view such process and, based on such review, shall
implement appropriate changes to the application
process to improve access.
‘‘(2) SPECIAL RULES.—No matching contribu-
tion shall be required for a Technical Assistance
Grant. The President shall make a portion of the
grant available to the grant recipient, in advance of
the expenditures to be covered by the grant, in
$5,000 installments.
‘‘(3) REPRESENTATIVE OF THE COMMUNITY.—
The President shall publish guidance for determin-
ing that the recipient of any Technical Assistance
Grant award is a legitimate representative of the
community affected by the facility.
‘‘(4) LIMIT PER FACILITY.—Not more than one
grant may be made under this subsection with re-
spect to a single facility, but the grant may be re-
newed to facilitate public participation at all stages
of response action. Limits shall be established with
respect to the number of years for which grants may
be available based on the duration, type, and extent
of response activity at a facility.
‘‘(5) 
FUNDING
LIMIT.—Not 
more 
than
$20,000,000 may be used for grants under this sub-
section in any one fiscal year.
‘‘(6) FUNDING AMOUNT.—The initial amount of
any grant under this subsection may not exceed
$50,000 for a single grant recipient. However, the
President shall increase the amount of the initial
grant, as appropriate, to reflect the complexity of re-
sponse action, the nature and extent of contamina-
tion at the facility, the level of facility activity, pro-
jected total needs as requested by the grant recipi-
ent, the size and diversity of the affected population,
and the ability of the grant recipient to identify and
raise funds from other sources.
‘‘(7) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) 
INTERPRETATION
OF
INFORMA-
TION.—Grants awarded under this subsection
may be used to obtain technical assistance in
interpreting information with regard to (i) the
nature of the hazard at a facility; (ii) the reme-
dial investigation and feasibility study; (iii) the
record of decision; (iv) the selection, design, and
construction of the remedial action; (v) oper-
ation and maintenance; (vi) removal activities
at such facility; or (vii) natural resource dam-
age assessments that have been conducted.
‘‘(B) 
ADDITIONAL
ACTIVITIES.—Grants
awarded under this section also may be used (i)
to obtain technical assistance in interpreting in-
formation used to rank facilities according to
the Hazard Ranking System, (ii) for assessing
a remedy selection decision, (iii) to hire health
and safety experts to advise affected residents
on health assessment and contamination data
gathering efforts and response activities, and
(iv) to generate documents as necessary to en-
sure full participation by the grant recipient.
‘‘(C) 
LIMITATIONS.—Grants 
awarded
under this section may not be used for the pur-
poses of conducting soil or ground water sam-
pling or laboratory analysis at an affected facil-
ity.
‘‘(8) USE OF EXPERTS.—Technical or other ex-
perts hired by grant recipients under this subsection
shall be hired by such recipients pursuant to guide-
lines developed by the President.
‘‘(f) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION
IN
THE SUPERFUND DECISIONMAKING PROC-
ESS.—(1) The President shall take such steps as nec-
essary to provide for meaningful public participation in
significant phases of response actions under this Act, to
the extent warranted by the public interest.
‘‘(2) To the extent practicable, before or during the
health assessments and site inspection, the President shall
solicit and evaluate concerns, interests, and information
from the community likely affected by the facility. The
evaluation shall include, as appropriate, face-to-face com-
munity surveys to identify the location of private drinking
water wells, historic and current or potential use of water,
and other environmental resources in the community; a
public meeting; written responses to significant concerns;
and other appropriate participatory activities.
‘‘(3) During the remedial investigation and feasibility
study, the President shall solicit the views and preferences
of the affected community on the remediation and disposi-
tion of hazardous substances at the facility. The views and
preferences of affected community members shall be de-
scribed in the remedial investigation and feasibility study
and considered in the screening of remedial alternatives
for the facility.
‘‘(4) Members of the affected community may pro-
pose remedial alternatives to the President, and the Presi-
dent shall consider such alternatives in the same manner
as the President considers alternatives proposed by poten-
tially responsible parties.
‘‘(5) The President shall make all nonprivileged infor-
mation available to the public throughout all phases of re-
sponse action at the facility. Such information shall be
made available to the public for inspection and copying
without the need to file a formal request subject to reason-
able service charges as appropriate.
‘‘(6)(A) The President, in carrying out responsibil-
ities under this Act, shall ensure that the presentation of
information on risk is unbiased and informative. The re-
sults of any facility-specific risk evaluation shall contain
an explanation that clearly communicates the risks at the
facility, and shall—
‘‘(i) identify and explain all significant assump-
tions used in the evaluation, as well as alternative
assumptions, the policy or value judgments used in
choosing the assumptions, and whether empirical
data conflict with or validate the assumptions;
‘‘(ii) present a range and distribution of expo-
sure and risk estimates and, if numerical estimates
are provided—
‘‘(I) central estimates of exposure and risk
using the most plausible assumptions given the
weight of current scientific information avail-
able to the President, and
‘‘(II) a statement of the nature and mag-
nitude of the scientific uncertainties associated
with such estimates;
‘‘(iii) include the size of the population poten-
tially at risk from releases from the facility, the ex-
posure scenario used, and the likelihood that such
potential exposures will occur based on the current
or reasonably anticipated future uses of the land,
water, or other resources; and
‘‘(iv) compare risks with estimates of greater,
lesser, and substantially equivalent risks that are fa-
miliar to and routinely encountered by the general
public as well as other risks, and, where appropriate
and meaningful, comparison of those risks with
other similar risks regulated by the Federal agency
resulting from comparable activities and exposure
pathways.
‘‘(B) To the maximum extent practicable, documents
made available to the general public which purport to de-
scribe the degree of risk to human health shall, at a mini-
mum, provide information specified in subparagraph (A)
or a meaningful reference to such information in another
document reasonably available to the public.’’.
SEC. 104. COMMUNITY ASSISTANCE GROUPS.
Section 117 (42 U.S.C. 9617) is amended by adding
after subsection (f) (as added by this Act) the following
new subsection:
‘‘(g) COMMUNITY ASSISTANCE GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
President shall provide the opportunity for the es-
tablishment of a representative public forum, known
as a Community Assistance Group (CAG), to achieve
direct and meaningful consultation with all inter-
ested parties on a regular basis throughout all
stages of a response action whenever—
‘‘(A) the President determines such a
group will be helpful; or
‘‘(B) 50 citizens, or at least 20 percent of
the population of a locality in which the Na-
tional Priorities List facility is located, submit
a petition to the President requesting that a
Community Assistance Group to be established.
‘‘(2) DUTIES.—Each Community Assistance
Group shall provide information and views to the
President, and, as appropriate, any or all of the fol-
lowing: the Agency for Toxic Substances and Dis-
ease Registry, State regulatory agencies, Federal
and State natural resource trustees, and potentially
responsible parties conducting response actions. The
information and views reported shall include the var-
ious subjects related to facility remediation, includ-
ing facility health studies, potential remedial alter-
natives, and selection and implementation of reme-
dial and removal actions. The Community Assistance
Group shall attempt to achieve consensus among its
members before reporting positions to agencies or
potentially responsible parties. In cases in which
consensus cannot be reached, the Community Assist-
ance Group shall allow the presentation of divergent
views.
‘‘(3) RECOMMENDATIONS
FOR
USE
OF
RE-
SOURCES.—To obtain greater community support
for remedial decisions affecting future use of land,
water, and other resources, the President shall con-
sult with the CAG regarding the current and reason-
ably anticipated future use of such resources at the
facility and any institutional controls required to as-
sure that resource use determinations remain in ef-
fect. The CAG may offer recommendations on the
current and reasonably anticipated future uses of
land, water, and other resources at the facility to the
President at any time prior to the selection of a
remedy at the facility but may not impair the
progress of the remedial action. The recommenda-
tion shall consider at a minimum future facility
waste management needs and the criteria in section
121(b)(2). The President shall not be bound by any
recommendation of the CAG. Should the President
make a determination that is inconsistent with a
consensus CAG recommendation, the President shall
issue a written explanation for the inconsistency.
‘‘(4) COMMUNITY
ASSISTANCE
GROUP
MEM-
BERS.—Members shall serve on the Community As-
sistance Group without pay. Membership on the
Community Assistance Group shall not exceed 20
persons. The President shall solicit and accept nomi-
nations for the Community Assistance Group mem-
bership. Final selection of CAG members shall be
made by the President. The CAG shall be chaired by
a representative of the local community where prac-
tical. Each Community Assistance Group shall, to
the extent practicable, reflect the composition of the
community near the facility. Local residents shall
comprise no less than 50 percent of the total mem-
bership of the CAG. Where relevant, the President
shall allow members of the following groups rep-
resentation on a CAG:
‘‘(A) Persons residing or owning residen-
tial property near the facility or persons who
may be directly affected by the releases from
the facility. At least one person in this group
shall represent the Technical Assistance Grant
recipient if such a grant has been awarded
under subsection (e).
‘‘(B) Persons who, although not residing
or owning property near the facility, may be po-
tentially affected by releases from the facility.
‘‘(C) Members of the local medical commu-
nity practicing in the community or local public
health officials.
‘‘(D) Representatives of local Indian tribes
or Indian communities.
‘‘(E) Local government which may include
pertinent city or county governments, or both,
and any other governmental unit which regu-
lates land use in the vicinity of the facility.
‘‘(F) Workers at the facility who will be in-
volved in actual response operations.
‘‘(G) Workers employed at the facility dur-
ing facility operation.
‘‘(H) Facility owners.
‘‘(I) 
Potentially 
Responsible 
Parties
(PRPs) who represent, wherever practicable, a
balance of PRP interests.
‘‘(J) Members of the local business com-
munity.
‘‘(5) TECHNICAL
AND
ADMINISTRATIVE
SUP-
PORT
FOR
COMMUNITY
ASSISTANCE
GROUPS.—
Where practical, the President shall provide adminis-
trative services and meeting facilities for Community
Assistance Groups. The Administrator of the Envi-
ronmental Protection Agency, the Administrator of
the Agency for Toxic Substances and Disease Reg-
istry and the State, as appropriate, shall participate
in Community Assistance Group meetings to provide
information and technical expertise, but shall not be
members of the Community Assistance Group.
‘‘(6) TECHNICAL
ASSISTANCE
GRANTS.—If a
community assistance group exists for a facility, it
shall be the sole entity eligible for technical assist-
ance grants specified in this subsection. Wherever a
technical assistance grant concerning a facility has
been awarded, the recipients of such grant shall co-
ordinate their activities and share their information
and technical expertise with the Community Assist-
ance Group. In such cases, one person representing
the grantee shall serve on the Community Assistance
Group.
‘‘(7) OTHER PUBLIC COMMENT.—The existence
of a CAG shall not diminish any other obligation of
the President to consider the views of any person in
selecting response actions under this Act.’’.
SEC. 105. HAZARD RANKING SYSTEM AND REVISION OF NA-
TIONAL CONTINGENCY PLAN.
(a) IN
GENERAL.—Section 105(c) (42 U.S.C.
9605(c)) is amended by inserting after paragraph (4) the
following new paragraphs:
‘‘(5) RISK PRIORITIZATION.—In setting prior-
ities under subsection (a)(8), the President shall
place highest priority on facilities with releases of
hazardous substances which result in actual ongoing
human exposures at levels of public health concern
or demonstrated adverse health effects as identified
in a health assessment conducted by the Agency for
Toxic Substances and Disease Registry.
‘‘(6) PRIOR
RESPONSE
ACTION.—Any evalua-
tion under this section shall take into account all
prior response actions taken at the facility.’’.
SEC. 106. DISEASE REGISTRY AND MEDICAL CARE PROVID-
ERS.
Section 104(i)(1) (42 U.S.C. 9604(i)(1)) is amended
as follows:
(1) By amending subparagraph (A) to read as
follows:
‘‘(A) in cooperation with the States, for sci-
entific purposes and public health purposes, estab-
lish and maintain a national registry of persons ex-
posed to toxic substances;’’.
(2) In subparagraph (E), by striking ‘‘admis-
sion to hospitals and other facilities and services op-
erated or provided by the Public Health Service’’
and inserting ‘‘referral to accredited medical care
providers’’.
SEC. 107. DETERMINING HEALTH EFFECTS.
Section 104(i)(5)(A) (42 U.S.C. 9604(i)(5)(A)) is
amended as follows:
(1) By striking ‘‘designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of such
substance’’ and inserting ‘‘conducted directly or by
means such as cooperative agreements and grants
with appropriate public and nonprofit institutions.
The research shall be designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of the
substance’’.
(2) By redesignating clause (iv) as clause (v).
(3) By striking ‘‘and’’ at the end of clause (iii).
(4) By inserting after clause (iii) the following
new clause:
‘‘(iv) laboratory and other studies which can
lead to the development of innovative techniques for
predicting organ-specific, site-specific, and system-
specific acute and chronic toxicity; and’’.
SEC. 108. PUBLIC HEALTH AT NPL FACILITIES.
Section 104(i)(6) (42 U.S.C. 9604(i)(6)) is amended
as follows:
(1) By amending subparagraph (A) to read as
follows:
‘‘(A)(i) The Administrator of ATSDR shall perform
a preliminary public health assessment for each facility,
including those facilities owned by any department, agen-
cy, or instrumentality of the United States, on the Na-
tional Priorities List and those sites that are the subject
of a petition under section 104(i)(6)(B). The preliminary
public health assessment shall be commenced as soon as
practicable after each facility is proposed for inclusion on
the National Priorities List or ATSDR accepts a petition
for a health assessment. Where indicated by the prelimi-
nary public health assessment, ATSDR shall conduct a
public health assessment of those sites posing a health
hazard which should be considered in selecting the reme-
dial action.
‘‘(ii) The Administrator of ATSDR shall design pub-
lic health assessments that take into account the needs
and conditions of the affected community, in cooperation
with States.
‘‘(iii) The Administrator of the Environmental Pro-
tection Agency shall place highest priority on facilities
with releases of hazardous substances which result in ac-
tual ongoing human exposures at levels of public health
concern or adverse health effects as identified in a public
health assessment conducted by the Agency for Toxic Sub-
stances and Disease Registry.’’.
(2) In subparagraph (D), by inserting ‘‘(i)’’
after ‘‘(D)’’ and by adding the following at the end
of the subparagraph: ‘‘the President and the Admin-
istrator of ATSDR shall develop strategies to obtain
relevant on-site and off-site characterization data for
use in the health assessment, the President shall, to
the maximum extent practicable, provide the Admin-
istrator of ATSDR with the data and information
necessary to make public health assessments suffi-
ciently prior to the initiation of remedial actions to
allow ATSDR to complete these assessments. Where
deemed appropriate, the Administrator of ATSDR
shall provide to the President as soon as practicable
after site discovery, recommendations for sampling
environmental media for hazardous substances of
public health concern. To the extent feasible, the
President shall incorporate such recommendations
into its site investigation activities.
‘‘(ii) In order to improve community involvement in
health assessments, the Administrator of ATSDR shall
carry out each of the following duties:
‘‘(I) The Administrator of ATSDR shall ac-
tively collect from Community Assistance Groups
(‘CAGs’) and from other sources in communities af-
fected or potentially affected by releases of hazard-
ous substances data regarding exposure, relevant
human activities, and other factors.
‘‘(II) The Administrator of ATSDR shall design
health assessments that take into account the needs
and conditions of the affected community. Commu-
nity-based research models, building links to local
expertise and local health resources should be used.
In preparing such designs, emphasis shall be placed
on collection of actual exposure data and sources of
multiple exposure shall be considered.’’.
(3) In subparagraph (H), by striking ‘‘health
assessment’’ each place it appears and inserting
‘‘public health assessment’’.
SEC. 109. HEALTH STUDIES.
Subparagraph (A) of section 104(i)(7) (42 U.S.C.
9604(i)(7)) is amended to read as follows: ‘‘(A) Whenever
in the judgment of the Administrator of ATSDR it is ap-
propriate on the basis of the results of a public health
assessment or on the basis of other appropriate informa-
tion, the Administrator of ATSDR shall conduct a human
health study of exposure or other health effects for se-
lected groups or individuals in order to determine the de-
sirability of conducting full scale epidemiologic or other
health studies of the entire exposed population.’’.
SEC. 110. DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS AND MEDICAL CENTERS.
Paragraph (14) of section 104(i) (42 U.S.C. 9604(i))
is amended to read as follows:
‘‘(14) In implementing this subsection and other
health-related provisions of this Act in cooperation with
the States, the Administrator of ATSDR shall—
‘‘(A) assemble, develop as necessary, and dis-
tribute to the States, medical colleges, physicians,
nursing institutions, nurses, and other health profes-
sionals and medical centers, appropriate educational
materials (including short courses) on the medical
surveillance, screening, and methods of prevention,
diagnosis, and treatment of injury or disease related
to exposure to hazardous substances (giving priority
to those listed in paragraph (2)), through means the
Administrator of ATSDR considers appropriate; and
‘‘(B) assemble, develop as necessary, and dis-
tribute to the general public and to at-risk popu-
lations appropriate educational materials and other
information on human health effects of hazardous
substances.’’.
SEC. 111. GRANT AWARDS, CONTRACTS, AND COMMUNITY
ASSISTANCE ACTIVITIES.
Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amend-
ed as follows:
(1) By inserting ‘‘(A)’’ before ‘‘The activities’’.
(2) In the first sentence, by striking ‘‘coopera-
tive agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
sions thereof), other appropriate public authorities,
public or private institutions, colleges, universities,
and professional associations’’.
(3) In the second sentence, by inserting ‘‘pub-
lic’’ before ‘‘health assessments’’.
(4) By adding at the end the following new sub-
paragraphs:
‘‘(B) When a public health assessment is conducted
at a facility on the National Priorities List, or a facility
is being evaluated for inclusion on the National Priorities
List, the Administrator of ATSDR may provide the assist-
ance specified in this paragraph to public or private non-
profit entities, individuals, and community-based groups
that may be affected by the release or threatened release
of hazardous substances in the environment.
‘‘(C) the Administrator of the Agency for Toxic Sub-
stances and Disease Registry, pursuant to the grants, co-
operative agreements and contracts referred to in this
paragraph, is authorized and directed to provide, where
appropriate, diagnostic services, health data registries and
preventative public health education to communities af-
fected by the release of hazardous substances.’’.
SEC. 112. REMOVAL ACTIONS.
Section 104(c)(1) (42 U.S.C. 9604(c)(1)) is amend-
ed—
(1) by striking ‘‘consistent with the remedial
action to be taken’’ and inserting ‘‘not inconsistent
with any remedial action that has been selected or
is anticipated at the time of the removal action,’’;
(2) by striking ‘‘$2,000,000’’ and inserting
‘‘$3,000,000’’; and
(3) by striking ‘‘12 months’’ and inserting ‘‘two
years’’.
SEC. 113. HAZARDOUS SUBSTANCE PROPERTY USE.
Section 104 (42 U.S.C. 9604) is amended by adding
at the end the following:
‘‘(k) HAZARDOUS SUBSTANCE PROPERTY USE.—
‘‘(1) AUTHORITY OF PRESIDENT TO ACQUIRE
EASEMENTS.—In order to prevent exposure to, re-
duce the likelihood of, or otherwise respond to a re-
lease or threatened release of a hazardous substance,
the President may acquire, at fair market value, or
for other consideration as agreed to by the parties,
a hazardous substance easement which restricts, lim-
its, or controls the use of land, water, or other natu-
ral resources, including specifying permissible or im-
permissible uses of land, prohibiting specified activi-
ties upon property, prohibiting the drilling of wells
or use of ground water, or restricting the use of sur-
face water.
‘‘(2) USE OF EASEMENTS.—A hazardous sub-
stance easement and notice of a property use restric-
tion under this subsection may be used wherever in-
stitutional controls have been selected as a compo-
nent of a removal or remedial action in accordance
with this Act and the National Contingency Plan.
Such easements and notices shall not be used in
cases in which institutional controls are not relied
upon in a removal or remedial action. Whenever
such controls are selected as a component of a re-
moval or remedial action, the President shall ensure
that the terms of the controls and, as appropriate,
the easement are specified in all appropriate decision
documents, enforcement orders, and public informa-
tion regarding the site.
‘‘(3) PERSONS
SUBJECT
TO
EASEMENTS.—A
hazardous substance easement shall be enforceable
for 20 years and may be renewed for additional 20-
year periods (unless terminated and released as pro-
vided for in this section) against any owner of the
affected property and all persons who subsequently
acquire interest in the property or rights to use the
property, including lessees, licensees, and any other
person with an interest in the property, without re-
spect to privity or lack of privity of estate or con-
tract, lack of benefit running to any other property,
assignment of the easement to another party, or any
other circumstance which might otherwise affect the
enforceability of easements or similar deed restric-
tions under the laws of the State. The easement
shall be binding upon holders of any other interests
in the property regardless of whether such interests
are recorded or whether they were recorded prior or
subsequent to the easement, and shall remain in ef-
fect notwithstanding any foreclosure or other asser-
tion of such interests.
‘‘(4) CONTENTS OF EASEMENTS.—A hazardous
substance easement shall contain, at a minimum—
‘‘(A) a legal description of the property af-
fected;
‘‘(B) the name or names of any current
owner or owners of the property as reflected in
public land records;
‘‘(C) a description of the release or threat-
ened release; and
‘‘(D) a statement as to the nature of the
restriction, limitation, or control created by the
easement.
‘‘(5) USE RESTRICTION NOTICE.—Whenever the
President acquires a hazardous substance easement
or assigns a hazardous substance easement to an-
other party, the President shall record a notice of
property use restriction in the public land records
for the jurisdiction in which the affected property is
located. Such a notice shall specify restrictions, limi-
tations, or controls on the use of land, water, or
other natural resources provided for in the hazard-
ous substance easement.
‘‘(6) FILING OF NOTICE.—Wherever recording
in the public land records is required under this sub-
section, the President shall file the notice or other
instrument in the appropriate office within the State
(or governmental subdivision) in which the affected
property is located, as designated by State law. If
the State has not by law designated one office for
the recording of interests in real property or claims
or rights burdening real property, the document or
notice shall be filed in the office of the clerk of the
United States district court for the district in which
the affected property is located.
‘‘(7) METHODS OF ACQUIRING EASEMENTS.—
The President may acquire a hazardous substance
easement by purchase or other agreement, by con-
demnation, or by any other means permitted by law.
Compensation for such easement shall be at fair
market value, or for other consideration as agreed to
by the parties, for the interest acquired. The direct
cost of such easements, ensuring adequate public no-
tice of such easements, and otherwise tracking and
maintaining the protections afforded by the ease-
ments shall be considered response costs which are
recoverable under this Act.
‘‘(8) ASSIGNMENT OF EASEMENTS TO PARTIES
OTHER THAN THE PRESIDENT.—
‘‘(A) AUTHORITY TO ASSIGN.—The Presi-
dent may assign an easement acquired under
this subsection to a State or other governmental
entity that has the capability of effectively en-
forcing the easement over the period of time
necessary to achieve the purposes of the ease-
ment. In the case of any assignment, the ease-
ment shall be fully enforceable by the assignee.
Any assignment of such an easement by the
President may be made by following the same
procedures as are used for the transfer of an
interest in real property to a State under sec-
tion 104(j).
‘‘(B) EFFECT OF ASSIGNMENT.—Any in-
terest in property granted to a State or other
governmental entity which restricts, limits, or
controls the use of land, water, or other natural
resources in order to prevent exposure to, re-
duce the likelihood of, or otherwise respond to,
a release or threatened release of a hazardous
substance, and which is expressly designated in
writing as a hazardous substance easement
within the meaning of this paragraph, shall cre-
ate the same rights, have the same legal effect,
and be enforceable in the same manner as a
hazardous substance easement held by the
President regardless of whether the interest in
property is otherwise denominated as an ease-
ment, covenant, or any other form of property
right.
‘‘(9) PUBLIC NOTICE.—Not later than 180 days
after the date of the enactment of this subsection,
the President shall issue regulations regarding the
procedures to be used for public notice of proposed
property use restrictions. Such regulations shall en-
sure that before acquiring a hazardous substance
easement, and before recording any notice of such
easement, the President will give notice and an op-
portunity to comment to the owner of the affected
property, all other persons with recorded interests in
the property, any lessees or other authorized occu-
pants of the property known to the President, the
State and any municipalities in which the property
is located, any relevant community assistance group
established under section 117, the affected commu-
nity, and the general public.
‘‘(10) TERMINATION OF EASEMENTS.—An ease-
ment acquired under this subsection shall remain in
force until it expires by its terms or until the holder
of the easement executes and records a termination
and release in accordance with the terms of the ease-
ment and approved by the Administrator of the En-
vironmental Protection Agency or the relevant as-
signee. Such termination shall be recorded in the
same manner as the easement.
‘‘(11) ENFORCEMENT.—
‘‘(A) EFFECT OF VIOLATIONS.—Violation
of any restriction, limitation, or control imposed
under a hazardous substance easement shall
have the same effect as failure to comply with
an order issued under section 106 and relief
may be sought either in enforcement actions
under section 106(b)(1), section 120(g), or sec-
tion 127(e) or in citizens suits under section
310. No citizens suit under section 310 to en-
force such a notice may be commenced if the
holder of the easement has commenced and is
diligently prosecuting an action in court to en-
force the easement.
‘‘(B) 
ENFORCEMENT
ACTIONS.—The
President may take appropriate enforcement ac-
tions to ensure compliance with the terms of
the easement whenever the Administrator of the
Environmental Protection Agency determines
that the terms set forth in the easement are
being violated. If the easement has been as-
signed to a party other than the President and
that party has not taken appropriate enforce-
ment actions, the President may notify the as-
signee of the violation. If the party does not
take appropriate enforcement actions within 30
days of such notification, or sooner in the case
of an imminent hazard, the President may initi-
ate such enforcement actions.
‘‘(12) APPLICABILITY OF OTHER PROVISIONS.—
Holding a hazardous substance easement shall not
subject either the holder thereof or the owner of the
affected property to liability under section 107. Any
such easement acquired by the President shall not
be subject to the requirements of section 104(j) or
120(h).’’.
SEC. 114. JUDICIAL REVIEW OF REMEDY.
Section 113(h) (42 U.S.C. 9613(h)) is amended by
adding the following new paragraph at the end thereof:
‘‘(6) Any action to review a final record of deci-
sion regarding the selection of a remedy under this
Act.’’.
SEC. 115. EFFECTIVE DATE AND TRANSITION RULES.
(a) EFFECTIVE DATE.—The amendments made by
this title shall become effective upon the date of enactment
of this Act for facilities where no final record of decision
under section 121 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 has
been published.
(b) REVIEW OF ONGOING REMEDIAL ACTIONS.—(1)
Not later than 270 days after the date of the enactment
of this Act, any person with a substantial interest at a
facility or any State or any Federal official overseeing a
federally-funded remediation at a site where a final record
of decision under section 121 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 has been published, but remedial action has not been
completed (including operations and maintenance), may
petition the President for review of the selected remedial
action and request that an alternative remedy consistent
with the amendments made by this title be selected. Not
later than 180 days after receipt of such a request, the
President shall issue a written determination regarding
the request in accordance with this subsection.
(2) As part of a review conducted under paragraph
(1) with respect to ongoing remedial measures, if the
President determines that selection of an alternative rem-
edy consistent with the amendments made by this title will
result in a total life-cycle cost savings relative to the rem-
edy selected in the applicable record of decision of at least
$1,000,000 and the alternative remedy would protect
human health and the environment from realistic and sig-
nificant risks, the President shall select such an alter-
native and modify the record of decision accordingly. In
determining life-cycle cost savings, the President shall de-
duct administrative and other costs to States, Federal
agencies, and other parties encumbered by changing rem-
edies.
(3) Decisions on petitions submitted under this sub-
section shall be subject to judicial review if acceptance of
such petition is refused or approval of such petition is de-
nied.
(4) At any site where a petition to review the selected
remedial action is accepted by the President, the President
shall provide an opportunity for public notice and com-
ment and an opportunity to establish a Community Assist-
ance Group as provided for in section 117(g) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980.
(5) Nothing in this section shall prohibit the Presi-
dent from modifying records of decision under other appli-
cable authority or procedures.
TITLE II—LIABILITY
TITLE II—LIABILITY
Sec. 201. Retroactive liability discount.
Sec. 202. Reimbursement for certain retroactive municipal landfill liability.
Sec. 203. Additional liability exemptions and limitations.
Sec. 204. Clarifications of certain liability.
Sec. 205. Illegal activities.
Sec. 206. Amendments to section 106.
Sec. 207. Allocation procedures.
Sec. 208. Civil proceedings.
Sec. 209. Limitations on contribution actions.
Sec. 210. Liability of response action contractors.
Sec. 211. Enhancement of settlement authorities.
Sec. 212. Professional services.
Sec. 213. Final covenants.
Sec. 214. Expedited final settlements.
Sec. 215. Clarification of liability for recycling transactions.
Sec. 216. Information gathering and access.
SEC. 201. RETROACTIVE LIABILITY DISCOUNT.
(a) LIABILITY DISCOUNT.—Section 112 (42 U.S.C.
9612) is amended by adding the following new subsection
at the end:
‘‘(g) REIMBURSEMENT FOR RETROACTIVE LIABIL-
ITY.—(1) In the case of a facility or vessel not owned by
the United States listed on the National Priorities List,
a person (other than the United States or any department,
agency, or instrumentality of the United States) shall be
eligible for reimbursement from the Fund for 50 percent
of any costs referred to in section 107(a) paid or incurred
by such person after October 18, 1995, to the extent
that—
‘‘(A) such person’s liability under section 107 is
attributable to a status or activity of such person (as
described in paragraph (1), (2), (3), or (4) of sub-
section (a)) that existed or occurred prior to Janu-
ary 1, 1987, and
‘‘(B) such costs are attributable to response ac-
tivities carried out after October 18, 1995.
‘‘(2) Any person eligible for reimbursement under
this subsection may apply to the President for such reim-
bursement in accordance with subsection (i). This sub-
section shall apply to judicial and administrative orders
issued, and settlements entered into, under section 107 or
section 106 before, on, or after the enactment of this sub-
section.’’
SEC. 202. REIMBURSEMENT FOR CERTAIN RETROACTIVE
MUNICIPAL LANDFILL LIABILITY.
Section 112 (42 U.S.C. 9612) is amended by adding
the following new subsection at the end:
‘‘(h) MUNICIPAL LANDFILLS.—Any person (other
than the United States or any department, agency, or in-
strumentality of the United States) incurring costs for the
performance of a response action after October 18, 1995,
in compliance with an order issued under section 106 or
pursuant to a settlement with the United States or with
any State or otherwise shall complete the person’s obliga-
tions under such order or settlement. Such person shall
be eligible for reimbursement from the fund for any por-
tion of the costs incurred for the performance of such re-
sponse action if such person is not liable for such costs
by reason of the municipal landfill exemption under sec-
tion 107(n)(2). Any person eligible for reimbursement
under this subsection may apply to the President for such
reimbursement in accordance with subsection (i).’’.
(b) RULES
FOR REIMBURSEMENT UNDER SUB-
SECTIONS (g) and (h).—Section 112 (42 U.S.C. 9612) is
amended by adding the following new subsection at the
end:
‘‘(i) APPLICATION FOR REIMBURSEMENT; RULES.—
Reimbursement under subsections (g) and (h) shall be
made upon receipt by the President of an application from
the person requesting reimbursement. Such reimburse-
ment shall be made pursuant to such rules as may be es-
tablished by the President under this subsection. The
President shall promulgate such rules within 6 months
after the enactment of the Reform of Superfund Act of
1995. Such rules shall, at a minimum, require that an ap-
plication for reimbursement contain such documentation
of costs and expenditures as the President deems nec-
essary to assure compliance with this subsection. In the
case of persons obligated to make more than one payment
under section 107 or section 106 after the enactment of
this subsection and persons obligated to incur response
costs under section 106 after the enactment of this sub-
section, such an application may be made no more fre-
quently than every 6-months after such payments are
made or such costs are incurred, commencing 6 months
limitation on liability shall apply to the aggregate
liability of all such persons. The provisions of para-
graph (1) of section 203(c) of the Reform of
Superfund Act of 1995 shall not apply with respect
to any person exempt from liability under this para-
graph.
‘‘(8) LIMITATION FOR CERTAIN TAX EXEMPT
ORGANIZATIONS.—A person’s liability under this sec-
tion with respect to a release or threatened release
from a vessel or facility listed on the National Prior-
ities List shall be limited to the lesser of the fair
market value of the vessel or facility or the actual
proceeds of the sale of the vessel or facility received
by the person, to the extent such liability is based
solely on the person’s status under paragraph (1) of
subsection (a) as owner of the vessel or facility if the
person—
‘‘(A) holding title, either outright or in
trust, to the vessel or facility is an organization
described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code and holds
such title as a result of a charitable donation
that qualifies under sections 170, 2055, or
2522 of such Code;
(b) SUFFICIENT
CAUSE.—Section 106(b)(1) (42
U.S.C. 9606(b)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’;
(2) by striking ‘‘to enforce such order’’;
(3) by inserting before the period ‘‘, or be re-
quired to comply with such order, or both, even if
another person has complied, or is complying, with
the terms of the same order or another order per-
taining to the same facility and release or threatened
release’’; and
(4) by inserting at the end the following:
‘‘(B) For purposes of this subsection and section
107(c)(3), a ‘sufficient cause’ includes, without limitation,
an objectively reasonable belief by the person to whom the
order is issued that—
‘‘(i) the person is not liable for any response
costs under section 107; or
‘‘(ii) that the action to be performed pursuant
to the order is inconsistent with the national contin-
gency plan.
(c) REIMBURSEMENT.—Subsection (b) of section 106
(42 U.S.C. 9606(b)) is further amended in the first sen-
tence of paragraph (2)(A) by striking ‘‘completion of’’ and
inserting ‘‘the President determines that such person has
completed’’.
‘‘(1) RESPONSIBLE
PARTY
SEARCH.—At each
facility that is the subject of an allocation under
subsection (a), the President shall, as soon as prac-
ticable but no later than 60 days after the receipt
of a request for allocation, initiate the allocation
process by commencing a comprehensive search for
all potentially responsible parties at the facility
under the authority of section 104 of this Act. Any
person may submit information to the President con-
cerning any potentially responsible party at the facil-
ity, and the President shall consider such informa-
tion in carrying out the search.
‘‘(2) INITIAL LIST OF PARTIES.—As soon as
practicable, but not later than 120 days after the
commencement of the potentially responsible party
search, the President shall issue a list of all poten-
tially responsible parties preliminarily identified at
the facility and provide each person named on the
list with (A) a copy of the list, along with all infor-
mation then available to the President concerning
the basis or potential basis for each party’s liability
at the facility and whether such person is eligible for
an exemption from liability under section 107(n) and
(B) a list of at least 10 neutral parties (i) who are
not employees of the United States, (ii) who are, in
145
‘‘(D) Holding a security interest in a vessel
or facility or abandoning or releasing such a se-
curity interest.
‘‘(E) Including in the terms of an exten-
sion of credit, or in a contract or security
agreement relating to such an extension, cov-
enants, warranties, or other terms and condi-
tions that relate to environmental compliance.
‘‘(F) Monitoring or enforcing the terms
and conditions of the extension of credit or se-
curity interest.
‘‘(G) Monitoring or undertaking 1 or more
inspections of the vessel or facility.
‘‘(H) Under subsection (d) of this section,
conducting a response action or other lawful
means of addressing the release or threatened
release of a hazardous substance in connection
with the vessel or facility prior to, during, or
upon the expiration of the term of the extension
of credit.
‘‘(I) Providing financial or other advice or
counseling in an effort to mitigate, prevent, or
cure default or diminution in the value of the
vessel or facility.