505
in existence for a period of at least 1
year and has a membership that is
representative of the community and
that is similar to the membership of a
Community Working Group.
‘‘(ii) The land use history of the
facility and surrounding properties,
the current land uses of the facility
and surrounding properties, recent
development patterns in the area
where the facility is located, and pop-
ulation projections for that area.
‘‘(iii) Federal or State land use
designations, including Federal facili-
ties and national parks, State ground
water 
or 
surface 
water 
recharge
areas established under a State’s
comprehensive protection plan for
ground water or surface water, and
recreational areas.
‘‘(iv) The current land use zoning
and future land use plans of the local
government with land use regulatory
authority.
506
‘‘(v) The potential for economic
redevelopment.
‘‘(vi) The proximity of the con-
tamination to residences, sensitive
populations or ecosystems, natural
resources, or areas of unique historic
or cultural significance.
‘‘(vii) Current plans for the facil-
ity by the property owner or owners,
not including potential voluntary re-
medial measures.
‘‘(B) In developing its recommenda-
tion, the Community Working Group
shall consider factors (ii) through (vii) of
subparagraph (A), and the President
shall give substantial weight to that rec-
ommendation 
where 
consensus 
is
reached, or substantial weight to the
views of the affected community where
the Community Working Group does not
reach consensus in accordance with sec-
tion 117(g).
‘‘(C) All information considered by
the President in evaluating reasonably
anticipated future land uses under this
507
paragraph shall be included in the ad-
ministrative record under section 113(k).
‘‘(3) APPROPRIATE REMEDIAL ACTION.—
(A) The President shall identify and se-
lect an appropriate remedy that prevents
exposures in excess of protective con-
centration levels established under sub-
section (d) by balancing the following fac-
tors:
‘‘(i) The effectiveness of the rem-
edy.
‘‘(ii) The long-term reliability of
the remedy, that is, its capability to
achieve 
long-term 
protection 
of
human health and the environment
considering the preference for treat-
ment of hot spots.
‘‘(iii) Any short-term risk posed by
the implementation of the remedy to
the affected community, to those en-
gaged in the cleanup effort, and to
the environment.
‘‘(iv) The acceptability of the rem-
edy to the affected community.
508
‘‘(v) The reasonableness of the
cost of the remedy.
‘‘(B) HOT SPOTS.—The following shall
apply to the remediation of hot spots:
‘‘(i) For purposes of this section,
the term ‘hot spot’ means a discrete
area within a facility that contains
hazardous substances, pollutants or
contaminants that are present in high
concentrations, are highly mobile, or
cannot be reliably contained, that
would present a significant risk to
human health or the environment
should exposure occur. The President
shall develop guidelines for the iden-
tification of hot spots. Such guide-
lines shall recommend appropriate
field investigations that will not re-
quire 
extraordinarily 
complex 
or
costly measures.
‘‘(ii) In determining an appro-
priate remedy for hot spots, the
President shall consider the factors
under subparagraph (A). With respect
to the factor in clause (v), the Presi-
509
dent shall use a higher threshold for
evaluating 
the 
reasonableness 
of
costs for hot spot treatment relative
to the remediation of non-hot spot
materials.
‘‘(iii) The President shall select a
remedy requiring treatment of mate-
rials constituting hot spots unless an
appropriate treatment technology is
unavailable or is available only at un-
reasonable cost. In such instances,
the President shall select an interim
containment remedy for such hot
spot subject to adequate monitoring
and public reporting to ensure its
continued integrity and shall review
the interim containment remedy in
accordance with subsection (c). When
the appropriate treatment technology
becomes available, as determined by
the President, that remedy shall be
considered in accordance with this
section.
‘‘(iv) Notwithstanding the pres-
ence of a hot spot, the President may
510
select a final containment remedy for
hot spots at landfills and mining sites
or similar facilities under the follow-
ing circumstances:
‘‘(I) The hot spot is small rel-
ative to the overall volume of
waste or contamination being ad-
dressed, the hot spot is not read-
ily identifiable and accessible,
and without the presence of the
hot spot containment would have
been selected as the appropriate
remedy under subparagraph (A)
for the larger body of waste or
area of contamination in which
the hot spot is located.
‘‘(II) The volume and areal ex-
tent of the hot spot is extraor-
dinary compared to other facili-
ties, and it is highly unlikely due
to the size and other characteris-
tics of the hot spot that any treat-
ment technology will be devel-
oped that could be implemented
at reasonable cost.
511
Where final containment for a hot spot is
selected, the President shall publish an
explanation of the basis for that decision.
‘‘(4) SELECTION
OF
RESPONSE
ACTIONS
FOR GROUND WATER CONTAMINATION.—
‘‘(A) 
FACTORS.—The 
President
shall identify and select an appro-
priate 
remedy 
for 
contaminated
ground water that achieves protec-
tion of human health and the envi-
ronment pursuant to subsection (d)(1)
and the goal as determined pursuant
to subsection (d)(7)(C) by taking into
consideration the following factors:
‘‘(i) The effectiveness of the
remedy in achieving the goal
under 
subsections 
(d)(1) 
and
(d)(7)(C).
‘‘(ii) The long-term reliability
of the remedy, that is, its capabil-
ity to achieve long-term protec-
tion of human health and the en-
vironment.
‘‘(iii) 
Any 
short-term 
risk
posed by the implementation of
512
the remedy to the affected com-
munity, to those engaged in the
cleanup effort, and to the envi-
ronment.
‘‘(iv) The acceptability of the
remedy to the affected commu-
nity.
‘‘(v) The urgency of the need
for the ground water.
‘‘(vi) The reasonableness of
the cost of the remedy.
‘‘(vii) The timing of the imple-
mentation of any such remedy or
potential achievement of such
goal in relation to the timing of
the use of such ground water.
‘‘(viii) The ability of such rem-
edy to prevent human exposure to
such contaminated water.
‘‘(ix) The ability of such rem-
edy to achieve the goal of restora-
tion.
‘‘(x) The technical practicabil-
ity of the remedy (including any
513
determinations as provided in
subsection (d)(7)(C)).
‘‘(B) EARLY
EVALUATION
AND
RE-
SPONSE MEASURES.—(i) To facilitate ef-
ficient and effective site characteriza-
tion that promotes early evaluation of
remedial alternatives and to prevent
the 
ground 
water 
contamination
problems from worsening, the Presi-
dent shall ensure, to the extent prac-
ticable, that hydrogeologic and con-
taminant-related 
information 
nec-
essary to select final ground water re-
medial actions, including findings of
technical impracticability, shall be
collected as part of site characteriza-
tion activities prior to and including
the remedial investigation. Such data
shall include information from re-
sponse actions under clause (ii).
‘‘(ii) To facilitate efficient and ef-
fective site characterization that pro-
motes early evaluation of remedial al-
ternatives and to prevent the ground
water contamination problems from
514
worsening, the President shall, as ap-
propriate, consistent with the factors
in subparagraph (A), and to the ex-
tent technically practicable from an
engineering perspective, implement
early response measures to minimize
further contaminant migration and
reduce the risk of exposure to con-
taminated ground water. Such meas-
ures may include containment of the
leading edge of the plume to prevent
further contamination of unaffected
portions of an aquifer, removal of
source material, remediation of high-
ly contaminated ground water, and
installation of physical barriers or
caps to contain releases from source
materials. Such measures shall be
monitored to collect detailed informa-
tion on site characterization and po-
tential remedial alternatives.
‘‘(C) 
MINIMUM
REQUIREMENTS.—
Subject to subsection (d)(7)(C), any
remedy 
for 
contaminated 
ground
water that may be used for drinking
515
water selected under this paragraph
shall—
‘‘(i) prevent or eliminate any
actual human exposure through
drinking water to any hazardous
substance, pollutant or contami-
nant at levels in excess of the
maximum contaminant level or
non-zero maximum contaminant
level goal established under title
XIV of the Public Health Service
Act (the Safe Drinking Water Act)
including, 
as 
appropriate, 
the
provision of an alternate water
supply;
‘‘(ii) 
unless 
technically 
im-
practicable from an engineering
perspective, prevent impairment
of any surface water designated
use established under section 303
of the Federal Water Pollution
Control Act caused by such haz-
ardous substance, pollutant, or
contaminant in any surface water
body into which such contami-
516
nated ground water is known or
projected to enter;
‘‘(iii) assure that concentrated
areas of hazardous substances,
pollutants, or contaminants in the
ground 
water, 
including 
any
known source area within such
ground water, shall be contained
to the extent technically feasible
and to the extent technically
practicable from an engineering
perspective, and consistent with
effective containment, such haz-
ardous substance, pollutants, or
contaminants shall be treated;
‘‘(iv) assure that unless tech-
nically impracticable from an en-
gineering perspective the spatial
extent 
of 
such 
contamination
shall not be allowed to increase
beyond that detected or known at
the time of the selection of reme-
dial action, except as provided in
subsection (d)(7)(C)(iv); and
517
‘‘(v) 
provide 
for 
long-term
monitoring of such ground water,
as appropriate (including any in-
formation needed for the pur-
poses of review under subsection
(c)).
‘‘(D) PERIODIC
REVIEW.—Each re-
medial action conducted pursuant to
subsection (d)(7)(E)(i)(III) shall be re-
viewed no less often than every 5
years as provided in subsection (c). If
the President determines that charac-
teristics at the facility have changed
or that remedial alternatives have be-
come available to attain the goal of
subsection (d)(7)(C), the President
shall select a new remedy in accord-
ance with this section.
‘‘(5) GENERIC
REMEDIES.—In order to
streamline the remedy selection process
and to facilitate rapid voluntary action,
the President shall establish, taking into
account the factors enumerated in para-
graph (3)(A), cost-effective generic rem-
edies for categories of facilities, and ex-
518
pedited procedures that include commu-
nity involvement for selecting generic
remedies at an individual facility. To be
eligible for selection at a facility, a ge-
neric remedy shall be protective of
human health and the environment at
that facility. In appropriate cases, the
President may select a generic remedy
without considering alternatives to the
generic remedy.
‘‘(6) INSTITUTIONAL
CONTROLS.—When-
ever the President selects a remedial ac-
tion which relies on restrictions 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 re-
quired to achieve such protections, in-
cluding restrictions on the permissible
uses of land, prohibitions on specified ac-
tivities upon the property, restrictions on
the drilling of wells or the use of ground
water, or restrictions on the use of sur-
face water, and ensure that such restric-
tions are incorporated into a hazardous
519
substance easement, as provided by sec-
tion 104(k). In reviewing remedial action
alternatives which would require the use
of such restrictions and providing oppor-
tunity for public comment on those alter-
natives, the President shall identify the
nature of any institutional controls that
would be required to implement such re-
strictions, known or anticipated affected
persons, the likely duration of such re-
strictions, and the anticipated costs for
acquiring 
hazardous 
substance 
ease-
ments and enforcing the appropriate re-
strictions.’’.
SEC. 503. MISCELLANEOUS AMENDMENTS TO SECTION 121.
(a) REVIEW.—Section 121(c) (42 U.S.C.
9621(c)) is amended—
(1) in the first sentence, by striking
out ‘‘initiation’’ and inserting in lieu
thereof ‘‘completion of all physical on-site
construction,’’;
(2) in the second sentence, by insert-
ing ‘‘(1)’’ after ‘‘it is the judgment of the
President that’’; and
520
(3) in the second sentence, by insert-
ing after ‘‘section 104 or 106,’’ the follow-
ing: ‘‘or (2) an interim containment rem-
edy was selected for such site and an ap-
propriate final remedial action is avail-
able under subsection (b)(3)(B)(iii) and
appropriate to select in accordance with
subsection (b)(3)(A) of this section,’’.
(b) Section 121(e)(1) (42 U.S.C. 9621(e)(1))
is amended by adding at the end thereof the
following: ‘‘Furthermore, no Federal, State, or
local permit or permit application shall be re-
quired for on-site or off-site activities con-
ducted under section 311(b).’’.
SEC. 504. RESPONSE AUTHORITIES.
(a) STUDIES AND INVESTIGATIONS.—Section
104(b)(1) (42 U.S.C. 9604(b)(1)) is amended in
the second sentence by striking ‘‘studies’’ and
all that follows through the end of the sen-
tence and inserting in lieu thereof the follow-
ing: ‘‘actions, studies, or investigations as he
may deem necessary or appropriate to plan
and direct response actions or to enforce the
provisions of this Act and shall be entitled to
recover the costs thereof.’’.
521
(b) DISPOSAL AUTHORITY.—Section 104(j)
(42 U.S.C. 9604(j)) is amended—
(1) in paragraph (1), by striking ‘‘re-
medial’’ in the first sentence and insert-
ing ‘‘response’’;
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as
paragraph (2) and in that paragraph by
striking ‘‘estate’’ and inserting ‘‘prop-
erty’’; and
(4) by inserting after paragraph (2)
(as redesignated) the following new para-
graph:
‘‘(3) DISPOSAL AUTHORITY.—The Presi-
dent is authorized to dispose of any inter-
est in real property acquired for use by
the Administrator under this subsection
by sale, exchange, donation, or otherwise
and any such interest in real property
shall not be subject to any of the provi-
sions of section 120 except the notice pro-
visions of section 120(h)(1). Any moneys
received by the President pursuant to
this paragraph shall be deposited in the
Fund.’’.
522
(c) PRIVATE PARTY REMOVAL LIMITATIONS.—
Section 104(a)(2) (42 U.S.C. 9604(a)(2)) is
amended by adding at the end the following:
‘‘In any case in which implementation of a re-
moval action is expected to obviate or in fact
does obviate the need to conduct a long-term
remedial action, such removal action must—
‘‘(A) comply with the protective
concentration levels and other stand-
ards in subsections (b) and (d) of sec-
tion 121; and
‘‘(B) allow for public participation
in accordance with seciton 117 to the
maximum extent practicable.’’.
SEC. 505. REMOVAL ACTIONS.
(a) 
OBLIGATIONS
FROM
FUND.—Section
104(c)(1) (42 U.S.C. 9604(c)(1)) is amended—
(1) by striking ‘‘consistent with the
remedial action to be taken’’ and insert-
ing ‘‘not inconsistent with any remedial
action that has been selected or is antici-
pated at the time of the removal action,’’;
(2) by striking ‘‘$2,000,000’’ and insert-
ing ‘‘$4,000,000’’; and
523
(3) by striking ‘‘12 months’’ and in-
serting ‘‘two years’’.
(b) NON-EMERGENCY
REMOVALS.—Section
120(e) (42 U.S.C. 9620(e)) is amended by add-
ing at the end the following new paragraph:
‘‘(7) NOTIFICATION
OF
AND
CONCUR-
RENCE FROM EPA OR STATE FOR NON-EMER-
GENCY REMOVAL ACTIONS.—(A) Before the
commencement of any non-emergency re-
moval action by a department, agency, or
instrumentality of the United States, such
department, agency, or instrumentality
shall—
‘‘(i) notify the Environmental Pro-
tection Agency and the State of the
planned removal action; and
‘‘(ii) obtain, in the case of facili-
ties which are listed or proposed for
listing on the National Priorities List,
concurrence in the planned removal
action from the Environmental Pro-
tection Agency or the State, as appli-
cable.
‘‘(B) The lack of concurrence under
clause (ii) shall not delay the commence-
524
ment of the remedial investigation and
feasibility study in accordance with the
time requriements of this section. The
requriements of this paragraph relating
to notification and concurrence shall not
affect, alter, or supplant, directly or indi-
rectly, the applicability of any State law
to the removal action concerned. Within
a reasonable period of time after any
emergency removal action is carried out
by a department, agency, or instrumen-
tality of the United States, the depart-
ment, agency, or instrumentality shall no-
tify the Environmental Protection Agency
or the State, as appropriate, of the re-
moval action.’’.
SEC. 506. 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
AC-
QUIRE
EASEMENTS.—In order to prevent
exposure to, reduce the likelihood of, or
otherwise respond to a release or threat-
525
ened release of a hazardous substance,
pollutant, or contaminant, the President
may acquire, at fair market value for the
interest acquired, a hazardous substance
easement which restricts, limits, or con-
trols the use of land or other natural re-
sources, including specifying permissible
or impermissible uses of land, prohibiting
specified activities upon property, pro-
hibiting the drilling of wells or use of
ground water, or restricting the use of
surface water.
‘‘(2) USE OF EASEMENTS.—A hazardous
substance easement and notice of a prop-
erty use restriction under this subsection
shall be used wherever institutional con-
trols have been selected as a component
of a removal or remedial action in ac-
cordance with this Act and the National
Contingency Plan. Such easements and
notices shall not be used in cases in
which institutional controls are not re-
lied upon in a removal or remedial ac-
tion. Whenever such controls are selected
as a component of a removal or remedial
526
action, the President shall ensure that
the terms of the controls and the ease-
ment are specified in all appropriate de-
cision documents, enforcement orders,
and public information regarding the
site.
‘‘(3) PERSONS SUBJECT TO EASEMENTS.—
A hazardous substance easement shall be
enforceable in perpetuity (unless termi-
nated and released as provided for in this
section) against any owner of the affected
property and all persons who subse-
quently 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
respect to privity or lack of privity of es-
tate or contract, lack of benefit running
to any other property, assignment of the
easement to another party, or any other
circumstance which might otherwise af-
fect the enforceability of easements or
similar deed restrictions under the laws
of the State. The easement shall be bind-
ing upon holders of any other interests in
527
the property regardless of whether such
interests are recorded or whether they
were recorded prior or subsequent to the
easement, and shall remain in effect not-
withstanding any foreclosure or other as-
sertion of such interests.
‘‘(4) CONTENTS OF EASEMENTS.—A haz-
ardous substance easement shall contain,
at a minimum—
‘‘(A) a legal description of the
property affected;
‘‘(B) the name or names of any
current owner or owners of the prop-
erty 
as 
reflected 
in 
public 
land
records;
‘‘(C) a description of the release
or threatened release; and
‘‘(D) a statement as to the nature
of the restriction, limitation, or con-
trol created by the easement.
‘‘(5) USE
RESTRICTION
NOTICE.—When-
ever the President acquires a hazardous
substance easement or assigns a hazard-
ous substance easement to another party,
the President shall record a notice of
528
property use restriction in the public
land records for the jurisdiction in which
the affected property is located. Such a
notice shall specify restrictions, limita-
tions, or controls on the use of land or
other natural resources provided for in
the hazardous substance easement. Fail-
ure to record such a notice shall not re-
lieve the affected persons from the re-
quirements of the easement.
‘‘(6) FILING OF NOTICE.—Wherever re-
cording in the public land records is re-
quired under this subsection, the Presi-
dent shall file the notice or other instru-
ment 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.
529
‘‘(7) METHODS
OF
ACQUIRING
EASE-
MENTS.—The President may acquire a
hazardous substance easement by pur-
chase or other agreement, by condemna-
tion, or by any other means permitted by
law. Compensation for such easement
shall be at fair market value for the inter-
est acquired. The costs of obtaining such
easements, ensuring adequate public no-
tice of such easements, and otherwise
tracking and maintaining the protections
afforded by the easements shall be con-
sidered response costs which are recover-
able under this Act.
‘‘(8) ASSIGNMENT OF EASEMENTS TO PAR-
TIES OTHER THAN THE PRESIDENT.—
‘‘(A) AUTHORITY
TO
ASSIGN.—The
President may assign an easement ac-
quired under this subsection to a
State or other governmental entity
that has the capability of effectively
enforcing the easement over the pe-
riod of time necessary to achieve the
purposes of the easement. In the case
of any assignment, the easement shall
530
be fully enforceable by the assignee.
Any assignment of such an easement
by the President may be made by fol-
lowing the same procedures as are
used for the transfer of an interest in
real property to a State under section
104(j).
‘‘(B) EFFECT OF ASSIGNMENT.—Any
interest in property granted to a
State or other governmental entity
which restricts, limits, or controls the
use of land 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, pol-
lutant, or contaminant, and which is
expressly designated in writing as a
hazardous substance easement within
the meaning of this paragraph, shall
create the same rights, have the same
legal effect, and be enforceable in the
same manner as a hazardous sub-
stance easement acquired by the
President regardless of whether the
531
interest in property is otherwise de-
nominated as an easement, 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 proce-
dures to be used for public notice of pro-
posed property use restrictions. Such reg-
ulations shall ensure that before acquir-
ing a hazardous substance easement, and
before recording any notice of such ease-
ment, the President will give notice and
an opportunity 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 Presi-
dent, the State and any municipalities in
which the property is located, any rel-
evant community work group established
under section 117, the affected commu-
nity, and the general public.
‘‘(10) TERMINATION OF EASEMENTS.—An
easement acquired under this subsection
532
shall remain in force until the holder of
the easement executes and records a ter-
mination and release in accordance with
the terms of the easement and approved
by the Administrator of the Environ-
mental Protection Agency or the relevant
assignee. Such termination shall be re-
corded in the same manner as the ease-
ment.
‘‘(11) ENFORCEMENT.—
‘‘(A) EFFECT OF VIOLATIONS.—Viola-
tion 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 in the same man-
ner and to the same extent, including
penalties, as for failure to comply
with such an order. Such relief may
be sought either in enforcement ac-
tions under section 106 or in citizens
suits under section 310. No citizens
suit under section 310 to enforce such
a notice may be commenced if the
533
holder of the easement has com-
menced and is diligently prosecuting
an action in court to enforce the ease-
ment.
‘‘(B) ENFORCEMENT
ACTIONS.—The
President shall take appropriate en-
forcement actions to ensure compli-
ance with the terms of the easement
whenever the Administrator of the
Environmental Protection Agency de-
termines that the terms set forth in
the easement are being violated. If
the easement has been assigned to a
party other than the President and
that party has not taken appropriate
enforcement actions, the President
shall notify the party 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 shall initiate such enforce-
ment actions.
‘‘(12) APPLICABILITY
OF
OTHER
PROVI-
SIONS.—Holding a hazardous substance
534
easement shall not subject either the
holder thereof or the owner of the af-
fected property to liability under section
107. Any such easement acquired by the
President shall not be subject to the re-
quirements of section 104(j) or 120(h).’’.
SEC. 507. TRANSITION.
(a) EFFECTIVE DATE.—This title, and the
amendments made by this title, shall become
effective 180 days after the date of enactment
of this Act. Remedies selected under the Com-
prehensive Environmental Response, Com-
pensation, and Liability Act of 1980 following
that effective date shall be selected as pro-
vided in section 121(b) of that Act (as amend-
ed by this Act) and subject to the Federal and
State 
requirements 
specified 
in 
section
121(d)(7) of that Act (as amended by this Act).
(b) CONTINUED EFFECTIVENESS OF REGULA-
TIONS AND GUIDANCE.—Until promulgation of
the national goals and the national risk proto-
col under section 121(d), the President may
continue to rely on current regulations and
guidance with regard to acceptable risk levels
and the conduct of risk assessments.
535
(c) PRIOR RODS.—(1) Nothing in this Act
shall place upon the President an obligation
to reopen a record of decision signed prior to
the effective date of this title.
(2) If, pursuant to section 117 of the Com-
prehensive Environmental Response, Com-
pensation, and Liability Act of 1980, the Presi-
dent determines that a change to a record of
decision signed prior to the effective date of
this title is necessary, the President may
apply the rules in effect at the time the origi-
nal record of decision was signed.
TITLE VI—MISCELLANEOUS
SEC. 601. INTERAGENCY AGREEMENTS AT MIXED OWNER-
SHIP AND MIXED RESPONSIBILITY FACILI-
TIES.
Section 120(e) (42 U.S.C. 9620(e)) is amend-
ed—
(1) by inserting at the end of para-
graph (4) the following new subpara-
graph:
‘‘(D) A provision allowing for the
participation 
of 
other 
responsible
parties (if any) in the response ac-
tion.’’; and
536
(2) by inserting after paragraph (7)
the following new paragraphs:
‘‘(8) EXCEPTION TO REQUIRED ACTION.—
(A) A department, agency, or instrumen-
tality of the United States that owns or
operates a facility over which the depart-
ment, agency, or instrumentality exer-
cised no regulatory or other control over
activities that directly or indirectly re-
sulted in a release or threat of a release
of a hazardous substance shall be subject
to the requirements of paragraphs (1)
through (6), other than subparagraphs
(F) and (G) of paragraph (5), unless and
to the extent the department, agency, or
instrumentality demonstrates to the sat-
isfaction of the Administrator that—
‘‘(i) no department, agency, or in-
strumentality was the primary or sole
source or cause of a release or threat
of release of a hazardous substance at
the facility;
‘‘(ii) the activities either directly
or indirectly resulting in a release or
threat of a release of a hazardous
537
substance at the facility were pursu-
ant to a statutory authority and oc-
curred before 1976; and
‘‘(iii) the person or persons pri-
marily or solely responsible for such
release or threat of release are finan-
cially viable and are capable of per-
forming or financing all or a portion
of the response action at the facility.
‘‘(B) If the conditions listed in clauses
(i) through (iii) of subparagraph (A) are
not met, the applicable terms of this sub-
section apply to the department, agency,
or instrumentality of the United States at
the facility. Upon determination by the
Administrator that a department, agency,
or instrumentality qualifies for the excep-
tion provided by this paragraph, the head
of such department, agency, or instru-
mentality may exercise enforcement au-
thority under section 106. To the extent a
person who has been issued an order
under the authority of this paragraph
seeks reimbursement under the provi-
sions of section 106, the relevant depart-
538
ment, agency, or instrumentality, and not
the Fund, shall be the source of any ap-
propriate reimbursement. If the relevant
department, agency, or instrumentality
has failed to obtain the performance of
response actions by responsible parties
pursuant to an order or consent decree
within 12 months after the facility has
been listed on the National Priorities
List, the exception provided by this para-
graph shall be void and the department,
agency, or instrumentality shall, in con-
sultation with the Administrator and ap-
propriate State authorities, commence a
remedial 
investigation 
and 
feasibility
study for such facility within six months
after the expiration of the 12-month pe-
riod.
‘‘(9) An interagency agreement under
this section shall in no way impair or di-
minish the obligation of any department,
agency, or instrumentality of the United
States to comply with requirements of ap-
plicable law, unless such requirements
have been specifically—
539
‘‘(A) addressed; or
‘‘(B) waived;
without objection from the State prior to
or at the time the response action is se-
lected pursuant to section 121.’’.
SEC. 602. CONTENTS OF CERTAIN DEEDS.
Section 120(h)(3) (42 U.S.C. 9620(h)(3)) is
amended in the matter following subpara-
graph (C) by inserting after ‘‘the Adminis-
trator’’ both places it appears the following:
‘‘or, in the case of real property that is not
part of a facility on the National Priorities
List, to the Governor of the affected State’’.
SEC. 603. TRANSFERS OF UNCONTAMINATED PROPERTY.
Section 
120(h)(4)(A) 
(42 
U.S.C.
9620(h)(4)(A)) is amended by striking ‘‘stored
for one year or more,’’ in the first sentence.
SEC. 604. AGREEMENTS TO TRANSFER BY DEED.
Section 120(h) (42 U.S.C. 9620(h)) is
amended by adding after paragraph (5) the
following new paragraph:
‘‘(6) 
AGREEMENTS
TO
TRANSFER
BY
DEED.—Nothing in this subsection shall
be construed to prohibit the head of the
department, agency, or instrumentality of
540
the United States from entering into an
agreement to transfer by deed real prop-
erty or facilities prior to the entering of
such deed.’’.
SEC. 605. ALTERNATIVE OR INNOVATIVE TREATMENT
TECHNOLOGIES.
Section 111(a) is amended by adding after
paragraph (6) the following new paragraph:
‘‘(7) 
ALTERNATIVE
OR
INNOVATIVE
TREATMENT
TECHNOLOGIES.—Payment 
of
no more than 50 percent of response
costs incurred by a potentially liable
party in taking actions approved by the
Administrator to achieve required levels
of response under this Act after employ-
ing an alternative or innovative tech-
nology that fails to achieve a level of re-
sponse required under this Act pursuant
to an administrative order or consent de-
cree. The Administrator shall issue guid-
ance on the procedures for the appro-
priate level of funding for response ac-
tivities using alternative innovative tech-
nologies as defined in section 311(b)(10)
that are necessary to achieve a level of
541
response required under this Act. The
Administrator shall review and update
such guidance, as appropriate.’’.
SEC. 606. 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 (14) is amended by add-
ing at the end the following: ‘‘The term
includes methane, but only when a re-
sponse action undertaken to address a re-
lease or threat of release of a hazardous
substance (as otherwise defined in this
paragraph) at a landfill or similar site
also addresses methane.’’.
(3) Paragraph (20) is amended—
(A) in subparagraph (A), by in-
serting ‘‘the United States or’’ after
‘‘similar means to’’;
(B) in subparagraph (D)—
(i) in the first sentence by in-
serting ‘‘the United States or’’
after ‘‘does not include’’;
542
(ii) in the second sentence, by
inserting ‘‘any department, agen-
cy, or instrumentality of the Unit-
ed States or’’ before ‘‘any State’’;
and
(iii) in the second sentence, by
striking ‘‘a’’ after ‘‘such’’ and in-
serting ‘‘department, agency, or
instrumentality 
of 
the 
United
States or’’; and
(C) by adding after subparagraph
(D) the following new subparagraphs:
‘‘(E)(i) The term ‘owner or operator’
includes a trust or estate or a person who
holds title to a vessel or facility, or other-
wise is affiliated with the vessel or facil-
ity solely in a fiduciary capacity. Subject
to clauses (ii) and (iii), a fiduciary hold-
ing such title or having such affiliation
shall be personally subject to the obliga-
tions and liabilities of an owner or opera-
tor to the same extent as if the vessel or
facility were held by the fiduciary free of
trust.
543
‘‘(ii) The personal obligations and li-
abilities of a fidicuary referred to in
clause (i) shall be limited to the extent to
which the assets of the trust or estate are
sufficient to indemnify the fiduciary, un-
less—
‘‘(I) the obligations and liabilities
would have arisen even if the person
had not served as fiduciary;
‘‘(II) the fiduciary’s own failure to
exercise due care with respect to a
vessel or facility caused or contrib-
uted to the release of hazardous sub-
stances following establishment of
the trust, estate, or fiduciary relation-
ship;
‘‘(III) the fiduciary had a role in
establishing the trust, estate, or fidu-
ciary relationship, and such trust, es-
tate, or fiduciary relationship has no
objectively reasonable or substantial
purpose apart from the avoidance or
limitation of liability under this Act;
or
544
‘‘(IV) the fiduciary has not com-
plied with such other requirements
as the Administrator may set forth by
regulation.
‘‘(iii) A fiduciary shall not be person-
ally liable for undertaking or directing
another to undertake a response action
under section 107(d)(1).
‘‘(F) The term ‘owner or operator’
shall not include the United States or any
department, agency, or instrumentality of
the United States or a conservator or re-
ceiver appointed by a department, agen-
cy, or instrumentality of the United
States if the United States or the con-
servator or receiver meets both of the fol-
lowing conditions:
‘‘(i) The United States, conserva-
tor, or receiver acquired ownership
or control of a vessel or facility (or
any right or interest therein)—
‘‘(I) in connection with the ex-
ercise 
of 
receivership 
or
conservatorship authority or the
liquidation or winding up of the
545
affairs of any entity subject to a
receivership or conservatorship,
including any subsidiary thereof;
and
‘‘(II) in connection with the
exercise of any seizure or forfeit-
ure authority.
‘‘(ii) The United States, conserva-
tor, or receiver does not participate
in the management of the vessel or
facility operations that result in a re-
lease or threat of release of hazard-
ous substances and complies with
such other requirements as the Ad-
ministrator may set forth by regula-
tion.’’.
(4) Paragraph (23) (relating to the
terms ‘‘remove’’ and ‘‘removal’’) is amend-
ed—
(A) in the first sentence—
(i) by striking ‘‘terms’’ and in-
serting ‘‘term’’;
(ii) by striking ‘‘necessary’’
the first place it appears and in-
serting ‘‘necessarily’’; and
546
(iii) by inserting after ‘‘envi-
ronment, such actions’’ the phrase
‘‘or combination of such actions’’;
(B) in the second sentence by
striking ‘‘term includes’’ and insert-
ing ‘‘terms include’’; and
(C) by adding at the end the fol-
lowing: ‘‘The term ‘remove’ or ‘re-
moval’ is not limited to emergency
situations and includes actions to ad-
dress future or potential exposures.’’.
(5) Paragraph (25) (relating to the
terms 
‘‘respond’’ 
and 
‘‘response’’) 
is
amended—
(A) by striking ‘‘terms’’ and insert-
ing ‘‘term’’;
(B) by striking the comma after
‘‘remedial action;’’; and
(C) by striking ‘‘related thereto’’
and inserting ‘‘(including attorneys’
fees and expert witness fees) and
oversight activities related thereto
when such activities are undertaken
by the President’’.
547
(6) Paragraph (29) (relating to the
terms ‘‘disposal’’, ‘‘hazardous waste’’, and
‘‘treatment’’) is amended by inserting be-
fore the period the following: ‘‘, except
that the term ‘hazardous substance’ shall
be substituted for the term ‘hazardous
waste’ in the definitions of ‘disposal’ and
‘treatment’ ’’.
(7) Paragraph (33) (relating to the
term 
‘‘pollutant 
or 
contaminant’’) 
is
amended by striking ‘‘; except that the’’
and inserting ‘‘. The’’.
(8) Paragraph (35) (relating to the
term 
‘‘contractual 
relationship’’) 
is
amended—
(A) in subparagraph (A)—
(i) by striking out clause (iii);
and
(ii) in the matter preceding
clause (i), by striking out ‘‘clause
(i), (ii), or (iii)’’ and inserting
‘‘clause (i) or (ii)’’;
(B) by amending subparagraph
(B) to read as follows:
548
‘‘(B)(i) To establish that the defendant
had no reason to know, as provided in
clause (i) of subparagraph (A) of this
paragraph, the defendant must have un-
dertaken, at the time of the acquisition,
all appropriate inquiry into the previous
ownership and uses of the facility and its
real property in accordance with gen-
erally accepted good commercial and cus-
tomary standards and practices. For the
purposes of the preceding sentence and
until the Administrator issues or des-
ignates standards and practices as pro-
vided in clause (ii) of this subparagraph,
the court shall take into account any spe-
cialized knowledge or experience on the
part of the defendant, the relationship of
the purchase price to the value of the
property if uncontaminated, commonly
known or reasonably ascertainable infor-
mation about the property, the obvious-
ness of the presence or likely presence of
contamination at the property, and the
ability to detect such contamination by
appropriate investigation.
549
‘‘(ii) The Administrator may, by regu-
lation, promulgate standards and prac-
tices or, by regulation, designate stand-
ards and practices promulgated or devel-
oped by others, that satisfy the require-
ments of this subparagraph. In issuing or
designating such standards and prac-
tices, the Administrator shall consider
factors for the inquiry, including the fol-
lowing:
‘‘(I) Conduct of the inquiry by an
environmental professional.
‘‘(II) Inclusion of interviews with
past and present owners, operators,
and occupants of the facility and its
real property for the purpose of gath-
ering information regarding the po-
tential for contamination at the facil-
ity and its real property.
‘‘(III) Inclusion of a review of his-
torical sources, such as chain of title
documents, aerial photographs, build-
ing department records, and land use
records, to determine previous uses
550
and occupancies of the real property
since it was first developed.
‘‘(IV) Inclusion of a search for re-
corded environmental cleanup liens,
filed under Federal, State, or local
law, against the facility or its real
property.
‘‘(V) Inclusion of a review of Fed-
eral, State, and local government
records, 
such 
as 
waste 
disposal
records; underground storage tank
records; and hazardous waste han-
dling, generation, treatment, disposal,
and spill records, concerning con-
tamination at or near the facility or
its real property.
‘‘(VI) Inclusion of a visual inspec-
tion of the facility and its real prop-
erty and of adjoining properties.
‘‘(VII) Any specialized knowledge
or experience on the part of the de-
fendant.
‘‘(VIII) The relationship of the
purchase price to the value of the
property if uncontaminated.
551
‘‘(IX) Commonly known or reason-
ably ascertainable information about
the property.
‘‘(X) The obviousness of the pres-
ence or likely presence of contamina-
tion at the property, and the ability
to detect such contamination by ap-
propriate investigation
‘‘(iii) In the case of property for resi-
dential use or other similar use, pur-
chased by a nongovernmental or non-
commercial entity, a site inspection and
title search that reveal no basis for fur-
ther investigation satisfy the require-
ments of this subparagraph.’’; and
(C) By adding the following new
subparagraph at the end thereof:
‘‘(E) The term ‘contractual relation-
ship’ shall not include the initial filing by
a claimant of an unpatented mining claim
or the issuance of a patent for any such
claim.’’.
(9) The following new paragraphs are
added after paragraph (38):
552
‘‘(39) BONA
FIDE
PROSPECTIVE
PUR-
CHASER.—The term ‘bona fide prospective
purchaser’ means a person who acquires
ownership of a facility after the date of
enactment of the Superfund Reform Act
of 1994, or a tenant of such a person, who
can establish each of the following by a
preponderance of the evidence:
‘‘(A) All active disposal of hazard-
ous substances at the facility oc-
curred before that person acquired
the facility.
‘‘(B) The person made all appro-
priate inquiry into the previous own-
ership and uses of the facility and its
real property in accordance with gen-
erally accepted good commercial and
customary standards and practices.
The regulations promulgated by the
Administrator pursuant to paragraph
(35)(B)(ii) shall satisfy the require-
ments of this subparagraph. In the
case of property for residential or
other similar use, purchased by a
nongovernmental or noncommercial
553
entity, a site inspection and title
search that reveal no basis for fur-
ther investigation satisfy the require-
ments of this subparagraph.
‘‘(C) The person provided all le-
gally required notices with respect to
the discovery or release of any haz-
ardous substances at the facility.
‘‘(D) The person exercised appro-
priate care with respect to hazardous
substances found at the facility by
taking reasonable steps to stop on-
going releases, prevent threatened fu-
ture 
releases 
of 
hazardous 
sub-
stances, and prevent or limit human
or natural resource exposure to haz-
ardous 
substances 
previously 
re-
leased into the environment.
‘‘(E) The person provides full co-
operation, assistance, and facility ac-
cess to persons authorized to conduct
response actions at the facility, in-
cluding the cooperation and access
necessary for the installation, integ-
rity, operation, and maintenance of
554
any complete or partial response ac-
tion at the facility.
‘‘(F) The person is not affiliated
with any other person liable for re-
sponse costs at the facility, through
any direct or indirect familial rela-
tionship, or any contractual, cor-
porate, or financial relationship other
than that created by the instruments
by which title to the facility is con-
veyed or financed.
‘‘(40) FIDUCIARY.—
‘‘(A) Except as provided in sub-
paragraph (B), the term ‘fiduciary’
means a person who owns or controls
property—
‘‘(i) as a fiduciary within the
meaning of section 3(31) of the
Employee Retirement Income Se-
curity Act of 1974, or as a trustee,
executor, 
administrator, 
custo-
dian, guardian, conservator, or
receiver acting for the exclusive
benefit of another person; and
555
‘‘(ii) who has not previously
owned or operated the property
in a non-fiduciary capacity.
‘‘(B) The term ‘fiduciary’ does not
include any person described in sub-
paragraph (A)—
‘‘(i) who acquires ownership
or control of property to avoid
the liability of such person or any
other person under this Act; or
‘‘(ii) who owns or controls
property on behalf of or for the
benefit of a holder of a security
interest.
‘‘(41) MUNICIPAL
SOLID
WASTE.—The
term ‘municipal solid waste’ means all
waste materials generated by households,
including single and multi-family resi-
dences, and hotels and motels. The term
also includes waste materials generated
by commercial, institutional, and indus-
trial sources, to the extent such wastes
(A) are essentially the same as waste nor-
mally generated by households, or (B) are
collected and disposed of with other mu-
626
disposal of hazardous substances at
the facility during its period of own-
ership. An owned property site shall
not include a public or commercial
landfill primarily used for disposal,
storage, or treatment of municipal
solid waste or sewage sludge as de-
fined in title VI of this Act.
(C) INITIAL
DISPOSAL.—For pur-
poses of this paragraph, the term ini-
tial 
disposal 
means 
the 
spilling,
pumping, 
pouring, 
emitting,
emptying, 
discharging, 
injecting,
dumping, disposing, placing, or leak-
ing of hazardous substances into the
environment caused by the facility
owner but does not include—
(i) any continuing or further
leaking, escaping, or leaching of
hazardous substances into the en-
vironment during subsequent pe-
riods of ownership which was not
caused by the acts of a subse-
quent owner; or