I
105TH CONGRESS
1ST SESSION
H. R. 2727
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to reauthorize and reform the Superfund program,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 23, 1997
Mr. BOEHLERT introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committees on Transpor-
tation and Infrastructure, and Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to reauthorize and
reform the Superfund program, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Superfund Acceleration, Fairness, and Efficiency Act’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980.
TITLE V—STATE ROLE
Sec. 501. State delegation at NPL facilities.
Sec. 502. State authorization at NPL facilities.
Sec. 503. Federal funding of State actions under State delegation or State au-
thorization.
Sec. 504. Transfer of authorities.
Sec. 505. State cost share.
Sec. 506. Additions to National Priorities List.
Sec. 507. State and local reimbursement for response actions.
Sec. 508. State role at Federal facilities.
TITLE VI—NATURAL RESOURCES DAMAGES
Sec. 601. Natural resources defined.
Sec. 602. Consultation with natural resources trustees.
Sec. 603. Liability.
Sec. 604. Designation of trustees.
Sec. 605. Determination of causation.
Sec. 606. Measure of damages.
Sec. 607. Damage assessments.
Sec. 608. Process for determining damages.
Sec. 609. Selection of restoration alternatives.
Sec. 610. Use of sums recovered by trustees.
Sec. 611. Relation to other laws; damages occurring before December 11, 1980.
Sec. 612. Restoration.
Sec. 613. Recovery by foreign claimants.
Sec. 614. Applicability.
TITLE VII—OIL POLLUTION
Sec. 701. Natural resources defined.
Sec. 702. Liability.
Sec. 703. Designation of lead decisionmaking trustee.
Sec. 704. Selection of restoration alternatives.
Sec. 705. Measure of damages.
Sec. 706. Damage assessments.
Sec. 707. Process for determining damages.
Sec. 708. Restoration.
Sec. 709. Applicability.
TITLE VIII—MISCELLANEOUS
Sec. 801. Trust fund defined.
Sec. 802. Indian tribes.
Sec. 803. Grants for training and education of workers.
TITLE IX—FUNDING
Subtitle A—Expenditures From the Hazardous Substance Superfund
Sec. 901. Expenditures from the Hazardous Substance Superfund.
Sec. 902. Authorization of appropriations from general revenues.
Subtitle B—5-Year Extension of Hazardous Substance Superfund
Sec. 911. 5-year extension of Hazardous Substance Superfund.
SEC. 2. AMENDMENTS TO COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LI-
ABILITY ACT OF 1980.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act,
and the amendments made by this Act, shall become effec-
tive on the date of the enactment of this Act.
TITLE 
I—REMEDY 
SELECTION
AND 
ENVIRONMENTAL
STANDARDS
SEC. 101. GENERAL RULES AND OBJECTIVES.
Section 121(a) (42 U.S.C. 9621(a)) is amended—
(1) by striking ‘‘(a)’’ and all that follows
through ‘‘The President’’ and inserting the follow-
ing:
‘‘(a) GENERAL RULES AND OBJECTIVES.—
‘‘(1) GENERAL RULES.—Final remedies selected
under this Act shall protect human health and the
environment, and shall provide long-term reliability
at reasonable cost. The President’’;
(2) by adding at the end the following:
‘‘(2) OBJECTIVES.—The objectives of remedial
actions taken under this Act shall be to make con-
taminated property available for beneficial use, to
protect uncontaminated water resources, and to re-
turn contaminated water resources to beneficial uses
in a period of time that is reasonable given the par-
ticular circumstances of the release.’’; and
(3) by aligning the text of paragraph (1) of
such section, as designated by paragraph (1) of this
section, with the text of paragraph (2) of such sec-
tion, as added by paragraph (2) of this section.
SEC. 102. REMEDY SELECTION.
Section 121(b) (42 U.S.C. 9621(b) is amended to
read as follows:
‘‘(b) REMEDY SELECTION.—
‘‘(1) METHODS OF REMEDIATION.—A remedial
action may achieve protection of human health and
the environment through—
‘‘(A) treatment that reduces the toxicity,
mobility, or volume of hazardous substances,
pollutants, or contaminants;
‘‘(B) natural attenuation;
‘‘(C) containment or other engineering con-
trols to limit exposure or release;
‘‘(D) removal of the contaminated media;
‘‘(E) a combination of treatment, contain-
ment, and removal; or
‘‘(F) other methods of protection.
‘‘(2) PROTECTIVE
REMEDIES.—The President
shall identify appropriate remedial options, including
options with a treatment component, that are de-
signed to meet the standards set forth in this section
within a reasonable period of time and considering
reasonable points of compliance.
‘‘(3) BALANCING
FACTORS.—The President
shall determine the appropriate remedial action by
balancing the following factors:
‘‘(A) The effectiveness of a remedy in pro-
tecting human health and the environment, in-
cluding consideration of highly exposed or espe-
cially susceptible subpopulations.
‘‘(B) The reliability of a remedy in main-
taining protection of human health and the en-
vironment over the long term.
‘‘(C) The effectiveness of a remedy in
meeting the objectives set forth in subsection
(a)(2).
‘‘(D) Risks to the affected community, to
those engaged in the remedial effort, and to the
environment arising from the implementation of
a remedy, including any component of a remedy
that requires offsite transportation and subse-
quent management of the hazardous sub-
stances.
‘‘(E) The implementability of a remedy.
‘‘(F) The acceptability of a remedy to the
affected community.
‘‘(G) The reasonableness of the cost of a
remedy.
‘‘(4) CONSIDERATION
OF
TREATMENT
AS
A
COMPONENT OF A REMEDY.—
‘‘(A) IN GENERAL.—In balancing factors
under paragraph (3) and determining the ap-
propriate remedial action, the President shall
give preference to remedies that include a treat-
ment component for discrete areas within a fa-
cility that contain—
‘‘(i) high concentrations of highly
toxic substances that present such a sub-
stantial inherent threat to human health or
the environment that it would be impru-
dent to rely solely on remedies that do not
include such a treatment component; or
‘‘(ii) high concentrations of toxic sub-
stances that, due to the mobility of such
substances or other characteristics, cannot
be controlled reliably through engineered
barriers and therefore could present a sub-
stantial threat to human health or the en-
vironment if such substances are not treat-
ed.
‘‘(B) SELECTION OF A REMEDY WITHOUT
A TREATMENT COMPONENT.—In the case of a
facility with discrete areas containing toxic sub-
stances described in clause (i) or (ii) of sub-
paragraph (A), if the President selects a rem-
edy that does not include a treatment compo-
nent for such discrete areas, the President shall
publish an explanation of why such treatment
component was not included in the remedy.
‘‘(5) ALTERNATIVE REMEDIAL ACTIONS.—The
President may select an alternative remedial action
meeting the requirements of this section whether or
not such action has been achieved in practice at any
other facility or site that has similar characteristics.
In making such a selection, the President may take
into account the degree of support for such remedial
action by parties interested in such site.
‘‘(6) INSTITUTIONAL CONTROLS.—
‘‘(A) USE AND IMPLEMENTATION.—In any
case in which the President selects a remedial
action that allows hazardous substances to re-
main on-site at a facility above concentration
levels that would be protective for unrestricted
use, the President—
‘‘(i) shall include, as an integral com-
ponent of the remedy, restrictions on the
use of land, water, or other resources nec-
essary to provide long-term protection of
human health and the environment;
‘‘(ii) shall not determine the remedy
to be complete until a mechanism is estab-
lished to ensure ongoing monitoring and
operation and maintenance of the remedy;
‘‘(iii) shall not determine the remedy
to be complete until any necessary institu-
tional controls are implemented and sub-
ject to appropriate monitoring and enforce-
ment; and
‘‘(iv) shall ensure that any necessary
institutional controls remain in effect as
long as necessary to protect human health
and the environment.
‘‘(B) RESTRICTIONS ON USE.—The Presi-
dent may use institutional controls as a supple-
ment to, but not as a substitute for, other re-
sponse measures at a facility, except in extraor-
dinary circumstances.
‘‘(C) NOTICE.—Whenever the President
selects, in accordance with subparagraph (A), a
remedy at a facility that relies on institutional
controls as an integral component of the rem-
edy, the President shall—
‘‘(i) clearly specify in the record of de-
cision the anticipated restrictions on uses
of land, water, or other resources or activi-
ties at the facility and the terms of antici-
pated institutional controls to implement
those restrictions;
‘‘(ii) specify such restrictions and con-
trols in all other appropriate remedy deci-
sion documents and other public informa-
tion regarding the site, along with identi-
fication of the unit of government pri-
marily responsible for monitoring and en-
forcement of the institutional controls;
‘‘(iii) provide public notice of such
controls and, in the case of a deed restric-
tion, easement, or other similar measure,
incorporate the measure in the public land
records for the jurisdiction in which the af-
fected property is located; and
‘‘(iv) undertake any change in the na-
ture or form of institutional controls at the
facility in a manner consistent with section
117 and give notice pursuant to the re-
quirements of section 104.
‘‘(D) 
REGISTRY.—The 
President 
shall
maintain a registry of restrictions on the use of
land, water, or other resources through institu-
tional controls that are included in final records
of decision as an integral component of the
remedy at facilities that are, or have been, on
the National Priorities List. The registry shall
identify the property and the nature or form of
the institution controls, including any subse-
quent changes in the nature or form of such
controls.
‘‘(E) ANNUAL
REPORT.—On March 1,
1999, and annually thereafter, the Adminis-
trator shall transmit to the Committee on Com-
merce and the Committee on Transportation
and Infrastructure of the House of Representa-
tives and the Committee on Environment and
Public Works of the Senate a report on each
record of decision signed during the previous
fiscal year, the type of institutional controls and
media affected, and the institution designated
to monitor, enforce, and ensure compliance with
the institutional controls.’’.
SEC. 103. SITE REVIEW REQUIREMENT.
Section 121(c) (42 U.S.C. 9621(c)) is amended—
(1) in the first sentence—
(A) by inserting after ‘‘remedial action’’
the second time it appears the following: ‘‘, in-
cluding public health recommendations and de-
cisions resulting from activities under section
104(i),’’; and
(B) by striking ‘‘the initiation of’’ and in-
serting ‘‘construction and installation of equip-
ment and structures to be used for’’; and
(2) by inserting after the first sentence the fol-
lowing: ‘‘The President shall review the effectiveness
of and compliance with any institutional controls re-
lated to the remedial action during the review.’’.
SEC. 104. HUMAN HEALTH AND ENVIRONMENTAL STAND-
ARDS.
Section 121(d) (42 U.S.C. 9621(d)) is amended to
read as follows:
‘‘(d) HUMAN HEALTH AND ENVIRONMENTAL STAND-
ARDS.—
‘‘(1) HUMAN HEALTH RISK ASSESSMENT.—
‘‘(A) IN GENERAL.—To determine what is
protective of human health, the President shall
conduct a site-specific human health risk as-
sessment that meets the requirements set forth
in section 127(a).
‘‘(B) 
BASIS
OF
EXPOSURE
ASSESS-
MENTS.—A risk assessment conducted under
subparagraph (A) shall base exposure assess-
ments on the reasonably anticipated uses of
land and water identified under paragraph (3).
‘‘(C) INCLUSION
OF
CERTAIN
INFORMA-
TION.—In a case in which reliable information
is made available to the President on actual in-
gestion of, inhalation of, or dermal contact with
hazardous substances, pollutants, or contami-
nants or blood lead levels at or near the site,
the President shall include such information,
along with other relevant information, in the as-
sessment.
‘‘(2) ECOLOGICAL RISK ASSESSMENT.—
‘‘(A) IN GENERAL.—To determine what is
protective of the environment, the President
shall conduct a site-specific ecological risk as-
sessment that meets the requirements set forth
in section 127(a).
‘‘(B) BASIS
OF
DETERMINATIONS
ON
RISKS TO PLANTS AND ANIMALS.—A risk as-
sessment conducted under subparagraph (A)
shall base determinations of what is protective
of plants and animals on the significance of di-
rect, indirect, or potential impacts from a re-
lease or threatened release of hazardous sub-
stances from a facility to the local ecosystem,
communities of plants and animals, or popu-
lations of plants and animals. If a species is
listed as threatened or endangered under the
Endangered Species Act (16 U.S.C. 1531 et
seq.), impacts to individual plants or animals
shall be considered impacts to populations of
such plants or animals.
‘‘(3) REASONABLY ANTICIPATED USES OF LAND
AND WATER.—
‘‘(A) 
LAND
USES.—Remedies 
selected
under this section shall take into account the
reasonably anticipated beneficial uses of land at
a facility and, to the extent appropriate, of
nearby property. Assumptions regarding such
uses shall be used in the development and eval-
uation of remedial alternatives. The Adminis-
trator shall develop assumptions regarding such
reasonably anticipated beneficial uses and the
timing of such uses, considering the following
factors:
‘‘(i) The view of elected local govern-
ment officials.
‘‘(ii) The current land use zoning, fu-
ture land use plans of the local government
with land use regulatory authority, and
water management plans.
‘‘(iii) Views of the affected commu-
nity, giving substantial weight to any con-
sensus recommendations by a Community
Advisory Group established under section
117(h) or, as appropriate, a restoration or
site-specific advisory board.
‘‘(iv) The land use history of the facil-
ity 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
population projections for the areas.
‘‘(v) Federal or State land use des-
ignations, including national park designa-
tions, State ground water or surface water
recharge area designations established
under a State’s comprehensive protection
plan for ground water and surface water,
and recreational area designations.
‘‘(vi) The potential for beneficial use.
‘‘(vii) The proximity of the contamina-
tion to residences, sensitive ecosystems,
natural resources, or areas of unique or
cultural significance.
‘‘(viii) Current plans for the future
use of the facility by the property owner or
owners.
‘‘(ix) Navigational or transportation
uses that may be affected by the facility.
‘‘(x) Any additional factors the Ad-
ministrator considers appropriate.
‘‘(B) GROUND
WATER
USES.—Remedies
selected under this section shall take into ac-
count the reasonably anticipated beneficial uses
of ground water that are or may be impacted
by releases or threatened releases from the fa-
cility and the timing of such uses. Assumptions
regarding such uses shall be used in the devel-
opment and evaluation of remedial alternatives.
The Administrator shall develop assumptions
regarding reasonably anticipated beneficial uses
of such ground water as follows:
‘‘(i) If a State has a comprehensive
State ground water protection program
that has provisions for making site-specific
determinations of use and timing of use
and that has received a written endorse-
ment by the Administrator, the Adminis-
trator shall base such assumptions on
State determinations of use and timing of
use that are based on such program.
‘‘(ii) If a State does not have a
ground water protection program referred
to in clause (i), or if interstate ground
water resources may be affected by the re-
lease or threatened release and the affected
States do not agree on the reasonably an-
ticipated beneficial uses of the interstate
ground water, the Administrator shall de-
termine the reasonably anticipated bene-
ficial uses of ground water potentially im-
pacted by releases from the facility follow-
ing extensive consultation with the affected
States and consideration of relevant fac-
tors, including, as appropriate, the avail-
ability of alternative water supplies and the
current and anticipated uses planned by
local water suppliers.
‘‘(iii) In a State where there has not
been a comprehensive Statewide evaluation
of ground water uses, the Administrator
shall begin the determination of the rea-
sonably 
anticipated 
beneficial 
use 
of
ground water with the presumption that
ground water within an aquifer that is
classified as a drinking water aquifer is
reasonably anticipated to be used as drink-
ing water. Such presumption may be over-
come 
through 
site-specific 
information
identified during the analysis of relevant
factors under clause (ii).
‘‘(iv) A current or reasonably antici-
pated beneficial use of ground water shall
not be identified as drinking water if—
‘‘(I) the ground water contains
more than 10,000 milligrams per liter
total dissolved solids;
‘‘(II) the ground water is so con-
taminated by naturally occurring con-
ditions or by the effects of broad-scale
human activity unrelated to a specific
activity that restoration to drinking
water quality is impracticable; or
‘‘(III) the potential source of
drinking water is physically incapable
of yielding a quantity of 150 gallons
per day of water to a well or spring
without adverse environmental con-
sequences, unless available informa-
tion indicates that such source is used
as a source of drinking water.
‘‘(C) ADMINISTRATIVE RECORD.—All infor-
mation considered by the Administrator in eval-
uating current and reasonably anticipated bene-
ficial land and ground water uses under this
paragraph shall be included in the administra-
tive record under section 113(k).
‘‘(4) OTHER APPLICABLE REQUIREMENTS.—
‘‘(A) HAZARDOUS SUBSTANCES REMAINING
ON SITE.—With respect to any hazardous sub-
stance, pollutant, or contaminant that will re-
main onsite, a remedial action, at completion,
shall comply with the substantive requirements
of any promulgated standard, requirement, cri-
terion, or limitation that is applicable to the
conduct or operation of the remedial action, and
shall at least attain any promulgated protective
concentration levels applicable to determining
the level of cleanup for remedial actions,
under—
‘‘(i) a Federal environmental or facil-
ity siting law that is legally applicable to
the hazardous substance, pollutant, or con-
taminant concerned; or
‘‘(ii) a State environmental or facility
siting law that is legally applicable to the
hazardous substance, pollutant, or con-
taminant concerned, and is—
‘‘(I) identified in a timely manner
to the President by the State as appli-
cable at the facility to the proposed
remedial alternative;
‘‘(II) of general applicability; and
‘‘(III) consistently applied to re-
sponse actions in the State, whether
conducted under this Act or other au-
thorities, including any State response
program.
The President shall closely examine whether a
requirement is of general applicability under
clause (ii)(II) if, in practice, the requirement
only applies to 1 facility in the State or if the
requirement only applies to facilities owned or
operated by the United States.
‘‘(B) 
DRINKING
WATER
PROTECTION
STANDARDS.—If, as determined under para-
graph (3)(B), the reasonably anticipated bene-
ficial use of ground water is drinking water,
final remedies selected under this Act shall re-
quire a level or standard of control which meets
maximum contaminant levels established under
the Safe Drinking Water Act at reasonable
points of compliance, as determined by the Ad-
ministrator, considering the nature and timing
of such use of the ground water.
‘‘(C) 
SURFACE
WATER
PROTECTION
STANDARDS.—To the extent technically prac-
ticable, final remedies selected under this Act
shall prevent impairment of any designated use
of surface water established under section 303
of the Federal Water Pollution Control Act
caused by hazardous substances, pollutants, or
contaminants from ground water contaminated
by releases from the facility in any surface
water body into which such contaminated
ground water is known or expected to enter.
‘‘(D) 
GROUND
WATER
PROTECTION
STANDARDS.—To the extent technically prac-
ticable, final remedies selected under this Act
shall ensure that uncontaminated ground water
is protected from contamination unless—
‘‘(i) the remedial action includes natu-
ral attenuation as a component to facilitate
restoration of ground water to beneficial
use within a period of time that is reason-
able given the particular circumstances of
the release;
‘‘(ii) an alternative concentration limit
has been adopted under paragraph (5); or
‘‘(iii) the ground water has no bene-
ficial use.
‘‘(E) HUMAN INGESTION OR EXPOSURE.—
Final remedies selected under this Act shall
prevent or eliminate, at a minimum, any actual
human ingestion or exposure to drinking water
containing any hazardous substances, pollut-
ants, or contaminants at levels in excess of the
levels specified in subparagraph (B), including,
as appropriate, the provision of an alternative
water supply.
‘‘(F) EXCLUSIONS.—The standards, re-
quirements, criteria, and limitations referred to
in subparagraph (A) shall not include—
‘‘(i) any requirement with respect to
the return, replacement, or disposal of con-
taminated media, residuals, or other solid
waste or contaminated media into the
same medium in or very near existing
areas of contamination on site; or
‘‘(ii) any requirement for a reduction
in concentrations of contaminants below
background levels.
‘‘(G) WAIVERS.—The President may select
a remedial action meeting the requirements of
subsection (a)(1) that does not attain a stand-
ard, requirement, criterion, or limitation set
forth in subparagraphs (A) through (D), if the
President finds any of the following:
‘‘(i) The remedial action selected is
only part of a total remedial action that
will attain such level or standard of control
when completed.
‘‘(ii) Compliance with such standard,
requirement, criterion, or limitation at the
facility will result in greater risk to human
health and the environment than alter-
native options.
‘‘(iii) Compliance with such standard,
requirement, criterion, or limitation is
technically impracticable from an engineer-
ing perspective. Findings of technical im-
practicability from an engineering perspec-
tive may be based on engineering feasibil-
ity and reliability or inordinate costs and
may be made as soon as adequate and reli-
able information is available to make the
finding.
‘‘(iv) The remedial action selected will
attain a standard of performance that is
equivalent to that required under such
standard, requirement, criterion, or limita-
tion through use of another method or ap-
proach.
‘‘(v) In the case of a remedial action
to be undertaken solely under section 104
using the Fund, selection of a remedial ac-
tion that attains such standard, require-
ment, criterion, or limitation will not pro-
vide a balance between—
‘‘(I) the need for protection of
public health and welfare and the en-
vironment at the facility under consid-
eration; and
‘‘(II) the availability of amounts
from the Fund to respond to other
sites which present or may present a
threat to public health or welfare or
the environment, taking into consider-
ation the relative immediacy of such
threats.
‘‘(vi) Compliance with such standard,
requirement, criterion, or limitation at the
facility will result in less protection of
human health or the environment than al-
ternative options.
The President shall publish such findings, to-
gether with an explanation and appropriate doc-
umentation.
‘‘(5) PROCESS
FOR
ESTABLISHING
ALTER-
NATIVE CONCENTRATION LIMITS.—For the purposes
of this section, a process for establishing alternative
concentration limits to those otherwise applicable for
hazardous constituents in ground water under sub-
paragraphs (A) and (B) of paragraph (4) may not
be used to establish applicable standards under this
paragraph if the process assumes a point of human
exposure beyond the boundary of the facility, as de-
fined at the conclusion of the remedial investigation
and feasibility study, except where—
‘‘(A) there are known and projected points
of entry of such ground water into surface
water;
‘‘(B) on the basis of measurements or pro-
jections, there is or will be no impairment of a
designated use of surface water established
under section 303 of the Federal Water Pollu-
tion Control Act from constituents in such
ground water at the point of entry of such
ground water into such surface water or at any
point where there is reason to believe accumula-
tion of constituents may occur downstream; and
‘‘(C) the remedial action includes enforce-
able measures that will preclude human expo-
sure to the contaminated ground water at any
point between the facility boundary and all
known and projected points of entry of such
ground water into surface water,
then the assumed point of human exposure may be
at such known and projected points of entry.
‘‘(6) LAND DISPOSAL.—
‘‘(A) APPLICABILITY
OF
SUBPARAGRAPH
(B).—Subparagraph (B) shall be applicable only
in cases where the proposed disposition of waste
generated by or associated with the remedial ac-
tion selected by the President is land disposal
in a State referred to in subparagraph (B).
‘‘(B) 
NONAPPLICABILITY
OF
STATE
STANDARDS.—Except as provided in subpara-
graph (C), a State standard, requirement, cri-
terion, or limitation (including any State siting
standard or requirement) which could effec-
tively result in the statewide prohibition of land
disposal of hazardous substances, pollutants, or
contaminants shall not apply.
‘‘(C) EXCEPTIONS.—Any State standard,
requirement, criterion, or limitation referred to
in subparagraph (B) shall apply where each of
the following conditions is met:
nant may be transferred to a land disposal facility
only if the President determines that both of the fol-
lowing requirements are met:
‘‘(A) The unit to which the hazardous sub-
stance, pollutant, or contaminant is transferred
is not releasing any hazardous waste, or con-
stituent thereof, into the ground water, surface
water, or soil.
‘‘(B) All such releases from other units at
the facility regulated under section 3005 of the
Solid Waste Disposal Act are being controlled
by a corrective action program approved by the
Administrator under subtitle C of such Act.
The President shall notify the owner or operator of
such facility of determinations under this para-
graph.’’.
SEC. 105. EARLY EVALUATION AND PHASED REMEDIAL AC-
TION.
Section 121 (42 U.S.C. 9621) is amended by adding
at the end the following:
‘‘(g) EARLY EVALUATION AND PHASED REMEDIAL
ACTIONS.—
‘‘(1) CONSIDERATION OF NEW PROCEDURES.—
The President shall consider new procedures for con-
ducting remedial investigations and feasibility stud-
ies in an efficient, cost-effective, and timely manner.
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 appropriate, employ
a phased approach to site characterization and reme-
diation in which remedies are arrived at through a
sequence of investigations and actions. Information
gathered in one phase shall be used to inform each
successive phase until final remediation goals are de-
termined and attained.
‘‘(2) COLLECTION
OF
HYDROGEOLOGIC
AND
CONTAMINANT-RELATED
INFORMATION.—To facili-
tate efficient and effective site characterization that
promotes early evaluation of remedial alternatives
and to prevent ground water contamination prob-
lems from worsening, the President shall ensure, to
the extent practicable, that hydrogeologic and con-
taminant-related information necessary to select
final ground water remedial actions, including find-
ings of technical impracticability, will be collected as
part of site characterization activities prior to and
during the remedial investigation. Such data shall
include information from actions under paragraph
(3).
‘‘(3) PHASED REMEDIAL ACTIONS.—To facili-
tate efficient and effective site characterization that
promotes early evaluation of remedial alternatives
and to prevent the ground water contamination
problems from worsening, the President shall, as ap-
propriate, consistent with the factors in subsection
(b)(3), and to the extent technically practicable from
an engineering perspective, implement phased reme-
dial actions to minimize further contaminant migra-
tion and to reduce the risk of exposure to contami-
nated ground water. Such actions shall be based on
sufficient site characterization to ensure achievement
of the intended goal of such actions, shall prevent
exacerbation of the contamination problem, and shall
be monitored to collect detailed information on site
characterization 
and 
potential 
remedial 
alter-
natives.’’.
SEC. 106. GENERIC REMEDIES.
Section 121 (42 U.S.C. 9621) is further amended by
adding at the end the following:
‘‘(h) GENERIC REMEDIES.—
‘‘(1) ESTABLISHMENT.—To expedite and in-
crease the efficiency of the remedy selection process,
the President may, after providing notice and an op-
portunity for public comment, establish generic rem-
edies where such remedies are demonstrated to be
effective in protecting human health and the envi-
ronment. Such generic remedies may provide for
consideration of site-specific factors along with ge-
neric approaches for particular categories of sites.
‘‘(2) DEMONSTRATION.—A demonstration of
the effectiveness of a remedy under paragraph (1)
shall—
‘‘(A) be based on the record from a num-
ber of comparable sites;
‘‘(B) evaluate an appropriate selection of
remedial options; and
‘‘(C) show that the generic remedy will not
prevent consideration of site-specific factors
which vary significantly from site to site in a
manner that could significantly impact protec-
tion of human health or the environment or the
costs of the remedy.
‘‘(3) UTILIZATION.—In a case in which a ge-
neric remedy established under this subsection ap-
plies with respect to a site, the President shall not
be required to perform a site specific risk assess-
ment (other than a baseline assessment) or an eval-
uation of alternatives under this section.
‘‘(4) NOTICE AND COMMENT.—The President
shall publish notice of the President’s intention to
utilize, and provide an opportunity to comment on
the applicability of, a generic remedy for a site.
‘‘(5) WAIVERS.—
‘‘(A) IN
GENERAL.—The Administrator
may issue to an interested party a waiver of the
application of a generic remedy established
under this subsection with respect to a site.
‘‘(B) FORM OF REQUEST.—A request for a
waiver submitted by an interested party to the
Administrator under this paragraph shall in-
clude sufficient site-specific and other informa-
tion to demonstrate that—
‘‘(i) the generic remedy is not appro-
priate; or
‘‘(ii) another alternative can protect
human 
health 
and 
the 
environment
through significantly less costly means in a
manner consistent with this section.
‘‘(C) APPROVAL AND DISAPPROVAL.—The
President shall approve or disapprove a request
for a waiver submitted under this paragraph on
or before the 90th day following the date of re-
ceipt of the request.’’.
SEC. 107. 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 connection with any remedial ac-
tion under this Act, in order to prevent exposure to,
reduce the likelihood of, or otherwise respond to a
release or threatened release of a hazardous sub-
stance, pollutant, or contaminant, the President may
acquire, at fair market value, or for other consider-
ation as agreed to by the parties, a hazardous sub-
stance easement which restricts, limits, or controls
the use of land or other natural resources, including
specifying permissible or impermissible uses of land,
prohibiting specified activities upon property, prohib-
iting the drilling of wells or use of ground water, or
restricting the use of surface water.
‘‘(2) USE OF EASEMENTS.—A hazardous sub-
stance easement under this subsection may be used
wherever institutional controls have been selected as
a component of a remedial action under this Act and
the National Contingency Plan.
‘‘(3) PERSONS
SUBJECT
TO
EASEMENTS.—A
hazardous substance easement shall be enforceable
in perpetuity (unless terminated and released as pro-
vided for in this section) against any owner of the
affected property and all persons who subsequently
acquire an interest in the property or rights to use
the property, including lessees, licensees, and any
other person with an interest in the property, with-
out respect to privity or lack of privity of estate or
contract, lack of benefit running to any other prop-
erty, assignment of the easement to another party or
sale or other transfer of the burdened property, or
any other circumstance which might otherwise affect
the enforceability of easements or similar deed re-
strictions 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) RECORDING AND FILING OF EASEMENT.—
Whenever the President acquires a hazardous sub-
stance easement or assigns a hazardous substance
easement to another party, the President shall
record the easement in the public land records for
the jurisdiction in which the affected property is lo-
cated. If the State has not by law designated an of-
fice for the recording of interests in real property or
claims or rights burdening real property, the ease-
ment 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 and the registry.
‘‘(6) 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.
‘‘(7) ASSIGNMENT OF EASEMENTS TO PARTIES
OTHER THAN THE PRESIDENT.—
‘‘(A) AUTHORITY TO ASSIGN.—The Presi-
dent may, where appropriate and with the con-
sent of the State or other governmental entity,
assign an easement acquired under this sub-
section to a State or other governmental entity
that has the capability of effectively enforcing
the easement over the period of time necessary
to achieve the purposes of the easement. In the
case of any assignment, the easement shall also
be fully enforceable by the assignee. Any assign-
ment 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 section 104(j).
‘‘(B) EASEMENTS HELD BY OTHER PER-
SONS.—
‘‘(i) DESIGNATION
AS
HAZARDOUS
SUBSTANCE
EASEMENTS.—Subject 
to
clause (ii), in a case in which an institu-
tional control is a component of a remedy
selected under section 121 at a facility list-
ed on the National Priorities List, the
owner of property and the potential holder
of a restrictive easement may expressly
designate, in writing, any interest in prop-
erty as a hazardous substance easement
within the meaning of this paragraph.
‘‘(ii) CONDITIONS.—An interest in
property may be designated as a hazardous
substance easement under clause (i) if
such interest is granted to a State, an In-
dian Tribe, or another governmental entity
or other person for the purpose of restrict-
ing or limiting the use of land, water, or
other resources in order to prevent expo-
sure to, reduce the likelihood of, or other-
wise respond to a release or threatened re-
lease of a hazardous substance, pollutant,
or contaminant from such a facility.
‘‘(iii) EFFECT
OF
DESIGNATION.—
When properly recorded or filed under
paragraph (5), a hazardous substance
easement designated under clause (i) shall
create the same rights, have the same legal
effect, and be enforceable in the same
manner as a hazardous substance ease-
ment acquired by the President regardless
of whether the interest in property is oth-
erwise denominated as an easement, cov-
enant, or any other form of property right.
‘‘(8) 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 Advisory Group
established under section 117, the affected commu-
nity, and the general public.
‘‘(9) TERMINATION OR MODIFICATION OF EASE-
MENTS.—An easement acquired under this sub-
section shall remain in force until the Administrator
approves a modification or termination and release
of the easement and, following such approval, the
holder of the easement executes and records such
modification or termination and release in accord-
ance with the terms of the easement. Such modifica-
tion or termination shall be recorded in the same
manner as the easement. A person may conduct ad-
ditional response actions at a facility to allow for un-
restricted use of the facility and may subsequently
request termination of the easement. Such a request
shall be granted by the holder of the easement and
approved by the Administrator, in the discretion of
the holder and the Administrator, if the holder and
the Administrator determine that the easement is no
longer necessary to protect human health and the
environment.
‘‘(10) 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) or section 120(g), by
States under section 121(e)(2), or in citizens
suits under section 310. No citizens suit under
section 310 to enforce such a notice may be
commenced if the holder of the easement has
commenced and is diligently prosecuting an ac-
tion in court to enforce 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 deter-
mines that the terms set forth in the easement
are being violated. If the easement is held by a
party other than the President and that party
has not taken appropriate enforcement actions,
the President may notify the party of the viola-
tion. If the party does not take appropriate en-
forcement actions within 30 days of such notifi-
cation, or sooner in the case of an imminent
hazard, the President may initiate such enforce-
ment actions.
‘‘(C) SAVINGS
CLAUSE.—Nothing in this
section shall limit rights or remedies available
under other laws.
‘‘(11) APPLICABILITY OF OTHER PROVISIONS.—
Holding a hazardous substance easement shall not
in itself subject either the holder thereof or the
owner of the affected property to liability under sec-
tion 107. Any such easement acquired by the Presi-
dent shall not be subject to the requirements of sec-
tion 104(j)(2) or 120(h). Nothing in this subsection
limits or modifies the authority of the President pur-
suant to section 104(j)(1).’’.
SEC. 108. RISK ASSESSMENT STANDARDS.
Title I (42 U.S.C. 9601–9626) is amended by adding
at the end the following:
‘‘SEC. 127. RISK ASSESSMENT PRINCIPLES, GUIDELINES,
AND REVIEWS.
‘‘(a) GENERAL PRINCIPLES.—Risk assessments and
characterizations conducted under this Act shall—
‘‘(1) provide objective assessments, estimates,
and characterizations which neither minimize nor ex-
aggerate the nature and magnitude of risks to
human health and the environment;
‘‘(2) distinguish scientific findings from other
considerations;
‘‘(3) be based on the best, relevant, and current
scientific and technical information, including avail-
able or reasonably obtainable (A) epidemiologic data,
(B) data on bioavailability, and (C) site specific and
all other relevant information made available to the
President; and
‘‘(4) be based on a careful analysis of the
weight of scientific evidence that supports conclu-
sions about a problem’s potential risk to human
health and the environment.
‘‘(b) GUIDELINES.—
‘‘(1) PUBLICATION.—Not later than 2 years
after the date of the enactment of this section, the
President shall update and publish exposure assess-
ments and ecological risk assessment guidelines
which are consistent with the principles in sub-
section (a). Ecological risk guidelines shall address
how to evaluate the significance of risks to popu-
lations of plant and animal species, ecological com-
munities, and ecosystems.
‘‘(2) FINAL
GUIDELINES.—Final guidelines
under this subsection shall be established after ex-
ternal peer review and notice and opportunity for
comment on draft guidelines.
‘‘(c) STUDY OF SUBSTANCES.—The President shall
conduct a study of the cancer potency values of 12 hazard-
ous substances listed under section 104(i)(2) that are fre-
quently found to pose significant risks at National Prior-
ities List facilities. The study may also include a review
of other health effects values. The President shall not in-
clude a substance in the study under this subsection if
such substance is under scientific reevaluation pursuant
to title XIV of the Safe Drinking Water Act. After solicit-
ing public comment, and after external peer review, the
President shall complete the study and publish the assess-
ment under this subsection. The publication of the final
assessment shall be considered a final agency action.’’.
SEC. 109. REMEDY REVIEW.
Title I (42 U.S.C. 9601–9626) is further amended
by adding at the end the following:
‘‘SEC. 128. REMEDY REVIEW.
‘‘(a) NATIONAL
SUPERFUND
REMEDY
REVIEW
BOARD.—The President shall establish a National
Superfund Remedy Review Board to control remedy costs,
and to provide for protective, consistent, and cost-effective
remedial decisions, at facilities on the National Priorities
List.
‘‘(b) THRESHOLD FOR REVIEW.—For remedial alter-
natives evaluated and identified after the date of the en-
actment of this section, following completion of the evalua-
tion or remedial alternatives and identification of a pre-
ferred remedy, the Board shall review remedies for those
facilities on the National Priorities List for which the esti-
mated cost of the preferred remedy exceeds $15,000,000.
If requested, the Board may review remedies for any facil-
ity for which the estimated cost for the preferred remedy
is $15,000,000 or less.
‘‘(c) REMEDY REVIEW AT FEDERAL FACILITIES.—
Notwithstanding the threshold for review established by
subsection (b), the President, after consultation with the
Administrator and the Secretaries of Defense and Energy
and after providing notice and an opportunity for public
comment, may establish a different threshold for review
for remedies at facilities owned or operated by the United
States.
‘‘(d) BOARD MEMBERSHIP.—The Board shall consist
of experts on remedy selection, cost-effectiveness, and im-
plementation of this Act. Such experts may be selected
from the Environmental Protection Agency, State environ-
mental agencies, and other Federal departments and
agencies, including the Department of Defense and the
Department of Energy. No person who participated in the
development of a remedy for a facility may be a member
of the Board reviewing such remedy.
‘‘(e) PUBLIC PARTICIPATION.—For each remedy that
is subject to review under this section, the President shall
notify the State, the affected local government, the af-
fected community (including any community assistance
group), and the potentially responsible parties that the re-
view will take place. Such notice shall include a brief de-
scription of the preferred remedy and information regard-
ing the location of the administrative record established
for the facility under section 113(k). The Board shall re-
view all comments that are received during the period for
public comment. The Board is not required to review any
comments that exceed 4,000 words or are not received
during such period.
‘‘(f) BOARD RECOMMENDATIONS.—With respect to a
facility for which the Board conducts a review under this
section, the Board shall make recommendations to the Re-
gional Administrator of the Environmental Protection
Agency for the region in which the facility is located. The
Regional Administrator shall make such recommendations
publicly available and shall place such recommendations
in the administrative record for the facility immediately
upon receipt. When the proposed remedial alternative for
the facility is issued, the President shall explain any devi-
ations from the Board’s recommendations.
‘‘(g) REVIEWS OF REMEDIES PROPOSED BY STATES
UNDER SECTION 151.—This section shall apply to rem-
edies developed by States under section 151. To the extent
practicable, a majority of the members of the Board re-
viewing any such remedies shall be officials from State en-
vironmental agencies. This section shall not apply to rem-
edies developed by States under section 152, although the
Administrator shall encourage such States to provide re-
views of remedies in a manner consistent with this sec-
tion.’’.
SEC. 110. REMEDY UPDATES.
(a) REVIEW.—To ensure that Superfund records of
decision reflect the current state of knowledge with respect
to remediation science and technology, and to improve the
cost-effectiveness of site remediation while ensuring reli-
able long-term protection of human health and the envi-
ronment, the President, upon receiving a request from an
interested party on or before the last day of the 12-month
period beginning on the date of the enactment of this Act,
shall review a past Superfund record of decision. If appro-
priate, based on such review, the President shall modify
such record of decision.
(b) PAST RECORD OF DECISION DEFINED.—For the
purpose of this section, the term ‘‘past Superfund record
of decision’’ means a record of decision selecting a remedy
at a site on the National Priorities List that was signed
prior to October 2, 1995, and has not been reviewed pur-
suant to United States Environmental Protection Agency,
Office of Solid Waste and Emergency Response Directive,
EPA540/F–96/026, or otherwise updated since October 2,
1995.
(c) ADMINISTRATIVE RECORD.—The results of the
President’s review of a record of decision under this sec-
tion and the basis for the President’s decision to update
or not update a remedy shall be placed in the administra-
tive record for the facility.
(d) JUDICIAL REVIEW.—The President’s decision
under this section to modify or not modify a remedy fol-
lowing a review under this section shall not be subject to
judicial review.
(e) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed to affect the au-
thority of the President to modify or amend a record of
decision.
SEC. 111. REMEDY DEFINED.
Section 101(24) is amended by adding at the end the
following: ‘‘The term includes obtaining, ensuring ade-
quate public notice of, and otherwise tracking and main-
taining the protections afforded by institutional controls,
including easements acquired under section 104(k).’’.
TITLE II—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Subtitle A—Community
Participation
SEC. 201. DEFINITIONS.
Section 117 (42 U.S.C. 9617) is amended by adding
after subsection (i), as added by section 209 of this Act,
the following:
‘‘(j) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) COVERED FACILITY.—The term ‘covered
facility’ means a facility that has been listed or pro-
posed for listing on the National Priorities List.
‘‘(2) AFFECTED
COMMUNITY.—The term ‘af-
fected community’ means any group of 2 or more in-
dividuals (including representatives of Indian tribes)
which may be affected by a release or threatened re-
lease of a hazardous substance, pollutant, or con-
taminant at a covered facility.’’.
SEC. 202. IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.
(a) TECHNICAL AMENDMENTS.—Section 117 (42
U.S.C. 9617) is amended—
(1) in subsection (a)—
(A) by striking ‘‘PROPOSED PLAN’’ and in-
serting ‘‘PROPOSED PLAN’’;
(B) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
and
(C) by striking ‘‘under paragraph (1)’’ and
inserting ‘‘under subparagraph (A)’’;
(2) by redesignating subsection (a) as para-
graph (4) and moving the text of such paragraph 2
ems to the right;
(3) in subsection (b) by striking ‘‘FINAL PLAN’’
and inserting ‘‘FINAL PLAN’’;
(4) in subsection (c)—
(A) by striking ‘‘EXPLANATION OF DIF-
FERENCES’’ and inserting ‘‘EXPLANATION OF
DIFFERENCES’’; and
(B) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C), re-
spectively; and
(5) by redesignating subsections (b) and (c) as
paragraphs (6) and (7) and moving the text of such
paragraphs 2 ems to the right.
(b) PARTICIPATION
IN DECISIONMAKING.—Section
117 (42 U.S.C. 9617) is further amended by inserting
after the section heading the following:
‘‘(a) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.—
‘‘(1) IN GENERAL.—In order to provide an op-
portunity for meaningful public participation at
every significant phase of a response action at a cov-
ered facility, the President shall take the actions
specified in this subsection. Public meetings required
under this subsection shall be designed to obtain in-
formation from the community and to disseminate
information to the community concerning the Presi-
dent’s activities at a covered facility.
‘‘(2) PRELIMINARY ASSESSMENT AND SITE IN-
SPECTION.—
‘‘(A) EVALUATION OF CONCERNS.—To the
extent practicable, before or during site inspec-
tion, the President shall solicit and evaluate
concerns, interests, and information from the
Community Advisory Group, if any, affected In-
dian Tribes, the affected community, local gov-
ernment officials, and State and local health of-
ficials.
‘‘(B) REQUIREMENTS FOR EVALUATION.—
An evaluation under subparagraph (A) shall in-
clude, as appropriate, face-to-face community
surveys to identify the location of private drink-
ing water wells, potential exposure pathways,
including historic and current or potential use
of water, and other environmental resources in
the community; a public meeting; written re-
sponses to significant concerns; and other ap-
propriate participatory activities.
‘‘(3) REMEDIAL INVESTIGATION AND FEASIBIL-
ITY STUDY.—
‘‘(A) PUBLIC
MEETINGS.—The President
shall provide an opportunity for public meetings
and publish a notice of such meetings before or
during the remedial investigation and feasibility
study.
‘‘(B) SOLICITATION
OF
VIEWS.—During
the remedial investigation and feasibility study,
the President shall solicit the views and pref-
erences of the Community Advisory Group, if
any, affected Indian tribes, the affected commu-
nity, local government officials, and State and
local health officials on the remediation and dis-
position of hazardous substances, pollutants, or
contaminants at the facility. Such views and
preferences shall be described in the remedial
investigation and feasibility study and consid-
ered in the screening of remedial alternatives
for the facility.’’.
(2) COMPLETION
OF
WORK
PLAN.—Section
117(a) (42 U.S.C. 9617(a)) is amended by inserting
after paragraph (4) of such section, as redesignated
by subsection (a)(2) of this section, the following:
‘‘(5) COMPLETION OF WORK PLAN.—The Presi-
dent shall provide an opportunity for public meetings
and publish a notice of such meetings before or dur-
ing the completion of the work plan for the remedial
design and remedial action.’’.
(c) ALTERNATIVES; SELECTING APPROPRIATE AC-
TIVITIES; PROVIDING INFORMATION.—Section 117(a) (42
U.S.C. 9617(a)) is amended by inserting after paragraph
(7) of such section, as redesignated by subsection (a)(5)
of this section, the following:
‘‘(8) ALTERNATIVES.—Pursuant to paragraph
(4), members of the Community Advisory Group, if
any, affected Indian tribes, the affected community,
local government officials, and State and local health
officials may propose remedial alternatives to the
President. The President shall consider such alter-
natives in the same manner as the President consid-
ers alternatives proposed by other parties.
‘‘(9) SELECTING APPROPRIATE ACTIVITIES.—In
determining which of the activities set forth in para-
graph (2) may be appropriate, the President may
consult with the Community Advisory Group, if any,
affected Indian tribes, the affected community, local
government officials, and State and local health offi-
cials.
‘‘(10) PROVIDING INFORMATION.—
‘‘(A) IN GENERAL.—The President, with
the assistance of the Superfund Site Informa-
tion Offices, shall provide information to the
Community Advisory Group, if any, affected In-
dian tribes, the affected community, local gov-
ernment officials, and State and local health of-
ficials at every significant phase of the response
action at the covered facility.
‘‘(B) NOTICE.—The President, on a regu-
lar basis, shall inform the entities specified in
subparagraph (A) of the progress and sub-
stance of technical meetings between the lead
agency and potentially responsible parties re-
garding a covered facility and shall provide no-
tice to such entities concerning—
‘‘(i) the schedule for commencement
of construction activities at the covered fa-
cility and the location and availability of
construction plans;
‘‘(ii) the results of any review under
section 121(c) and any modifications to the
covered facility made as a result of the re-
view; and
‘‘(iii) the execution of and any revi-
sions to institutional controls being used as
part of a remedial action.’’.
SEC. 203. ADDITIONAL PUBLIC INVOLVEMENT REQUIRE-
MENTS.
Section 117 (42 U.S.C. 9617) is further amended by
inserting after subsection (a) the following:
‘‘(b) ADDITIONAL PUBLIC INVOLVEMENT REQUIRE-
MENTS.—
‘‘(1) AVAILABILITY OF RECORDS.—The Presi-
dent shall make records relating to a response action
at a covered facility available to the public through-
out all phases of the response action. Such informa-
tion shall be made available to the public for inspec-
tion and copying without the need to file a formal
request, subject to reasonable service charges as ap-
propriate. This paragraph shall not apply to a
record that is exempt from disclosure under section
552 of title 5, United States Code.
‘‘(2) REQUIREMENTS
FOR
PUBLIC
INFORMA-
TION.—
‘‘(A) PRESENTATION.—The President, in
carrying out responsibilities under this Act,
shall ensure that the presentation of informa-
tion on risk is unbiased and informative and
clearly discloses any uncertainties and data
gaps. To the extent feasible, documents made
available to the general public which purport to
describe the degree of risk to human health
shall state, at a minimum—
‘‘(i) the population or populations ad-
dressed by any risk estimates;
‘‘(ii) the expected risk or central esti-
mate of risk for the specific population;
‘‘(iii) any appropriate upperbound and
lowerbound estimates; and
‘‘(iv) the reasonable range or other
description of uncertainties in the assess-
ment process.
‘‘(B) COMPARISONS OF RISK.—To the ex-
tent practicable and appropriate, the Adminis-
trator shall provide comparisons of the level of
risk from hazardous substances found at facili-
ties to the levels of risk from hazardous sub-
stances ordinarily encountered by the general
public through other routes of exposure.’’.
SEC. 204. SUPERFUND SITE INFORMATION OFFICES; PUBLI-
CATION REQUIREMENT.
Section 117 (42 U.S.C. 9617) is further amended by
inserting after subsection (b) the following :
‘‘(c) SUPERFUND SITE INFORMATION OFFICES.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), not later than 18 months after the
date of the enactment of the Superfund Accel-
eration, Fairness, and Efficiency Act, a State
with a site on the National Priorities List may
establish a Superfund Site Information Office
to perform the functions set forth in paragraph
(3).
‘‘(B) EXISTING
OFFICES.—The Adminis-
trator may determine that a State office in ex-
istence before the date of the enactment of the
Superfund Acceleration, Fairness, and Effi-
ciency Act can or does already perform the
functions of a Superfund Site Information Of-
fice and is eligible for funding under paragraph
(2).
‘‘(C) PROCESS.—Each State shall decide
the process for establishing a Superfund Site
Information Office. Such office may be elec-
tronic or a physical location within the State.
‘‘(D) 
EPA 
ROLE.—The 
Administrator
shall provide financial and other assistance to a
State for establishment and operation of a
Superfund Site Information Office if the office
serves the functions set forth in paragraph (3).
If the Administrator determines that the State
has not established an office that can perform
the functions of a Superfund Site Information
Office, the Administrator shall establish an of-
fice within the Environmental Protection Agen-
cy to perform the functions.
‘‘(2) FUNDING.—
‘‘(A) IN GENERAL.—Funding for the oper-
ation of Superfund Site Information Offices,
and Environmental Protection Agency offices
that perform similar functions, shall not exceed
$20,000,000 for a fiscal year.
‘‘(B) STATE
GRANTS.—Subject to the
availability of appropriations, each State that
has a Superfund Site Information Office, and
each Environmental Protection Agency regional
office performing the functions of a Superfund
Site Information Office, shall receive not less
than $100,000, and not more than $500,000,
for a fiscal year.
‘‘(C) FORMULA.—
‘‘(i) IN GENERAL.—The Administrator
shall publish guidelines establishing a for-
mula for determining the actual amount of
funding for each Superfund Site Informa-
tion Office.
‘‘(ii) FACTORS.—The formula shall in-
clude factors such as the number of facili-
ties potentially eligible for or on the Na-
tional Priorities List that would be covered
by the Superfund Site Information Office.
‘‘(3) FUNCTIONS.—
‘‘(A) IN GENERAL.—A Superfund Site In-
formation Office for a State shall—
‘‘(i) assist the Administrator in—
‘‘(I) disseminating information
regarding covered facilities, the exist-
ence of the Office and its services, and
opportunities to participate under this
Act;
‘‘(II) notifying citizens of public
meetings;
‘‘(III) notifying the affected com-
munity near a covered facility of the
opportunity to establish a Community
Advisory Group and of the availability
of technical assistance grants under
subsection (e);
‘‘(IV) informing citizens of their
rights under this Act; and
‘‘(V) providing citizens with in-
formation relating to the operation of
this Act with respect to covered facili-
ties within the State;
‘‘(ii) serve as a clearinghouse, main-
tain records, and provide electronic access,
as appropriate, for information regarding
such facilities, including a description of
the Administrator’s process for identifying
covered facilities and undertaking response
actions under this Act; and
‘‘(iii) provide a list of covered facilities
located in the State and, with respect to
each such covered facility to the extent in-
formation becomes available—
‘‘(I) the location, name of owner
or operator, and characteristics of the
covered facility;
‘‘(II) the hazardous substances,
pollutants, and contaminants present,
including the quantities and relative
toxicities of the substances, pollutants,
and contaminants;
‘‘(III) the response actions being
taken, including records of any insti-
tutional controls that are included in
the response actions;
‘‘(IV) any health data generated
in connection with the covered facility;
‘‘(V) the status of the response
actions at the covered facility;
‘‘(VI) any report generated as a
result of a review under section
121(c);
‘‘(VII) the location of the admin-
istrative record created for the facil-
ity, if any, under section 113(k); and
‘‘(VIII) any ongoing operation
and maintenance requirements or in-
stitutional controls in place.
‘‘(B) REPORT.—
‘‘(i) IN GENERAL.—Each State with a
Superfund Site Information Office receiv-
ing a grant under this section shall submit
annually a report to the Administrator re-
garding the use of the grant and shall cer-
tify in the report that such grant has been
used in compliance with the requirements
of this subsection.
‘‘(ii) TERMINATION
OF
GRANT.—If
the Administrator determines that the
grant is not being used in a manner con-
sistent with the functions under subpara-
graph (A), the Administrator may termi-
nate the grant.’’.
(b) PUBLICATION.—Section 117(d) (42 U.S.C.
9617(d)) is amended by striking ‘‘major’’.
SEC. 205. TECHNICAL ASSISTANCE GRANTS.
Section 117(e) (42 U.S.C. 9617(e)) is amended to
read as follows:
‘‘(e) TECHNICAL ASSISTANCE GRANTS.—
‘‘(1) AUTHORITY.—In accordance with rules to
be promulgated by the Administrator, the Adminis-
trator may make grants for technical assistance
available to any Community Advisory Group or af-
fected community with respect to—
‘‘(A) a covered facility;
‘‘(B) a facility at which the Administrator
is undertaking a response action anticipated to
exceed 1 year; or
‘‘(C) a facility at which the funding limit
under section 104 is anticipated to be reached.
‘‘(2) SPECIAL RULES.—
‘‘(A) FEDERAL SHARE.—No matching con-
tribution shall be required for a grant under
this subsection.
‘‘(B) ADVANCE PAYMENTS.—The Adminis-
trator may make available to a recipient of a
grant under this subsection in advance of the
expenditures to be covered by the grant the
lesser of $5,000 or 10 percent of the total
amount of the grant.
‘‘(3) GRANT AVAILABILITY.—The Administrator
shall promptly notify residents and Indian tribes liv-
ing near a covered facility that technical assistance
grants are available under this section.
‘‘(4) NUMBER OF GRANTS PER FACILITY.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, the Administrator
may not make more than 1 grant under this
subsection with respect to a single facility.
‘‘(B) RENEWAL
OF
GRANTS.—A grant
made under this subsection with respect to a fa-
cility may be renewed to facilitate public par-
ticipation at all stages of a response action.
‘‘(C) SPECIAL RULE.—In exceptional cir-
cumstances, the Administrator may provide
more than 1 grant under this subsection with
respect to a single facility, considering such fac-
tors as the area affected by the facility and the
distances between affected communities.
‘‘(5) FUNDING AMOUNT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the amount of a grant under
this subsection may not exceed $50,000 for a
single grant recipient.
‘‘(B) ADDITIONAL FUNDS.—The Adminis-
trator may increase the amount of a grant
under this subsection if—
‘‘(i) the grant recipient demonstrates
that the characteristics of a facility indi-
cate that additional funds are necessary
due to the complexity of the response ac-
tion, including the size and complexity of
the facility, or the nature or volume of
site-related information; and
‘‘(ii) the Administrator finds that the
grant recipient’s management of a previous
grant under this subsection, if any, was
satisfactory, and the costs incurred under
the grant were allowable and reasonable.
‘‘(6) SIMPLIFICATION.—To ensure that the ap-
plication process is accessible to all affected citizens,
the Administrator shall review the existing guide-
lines and application procedures for grants under
this subsection and, not later than 180 days after
the date of the enactment of this paragraph, revise,
as appropriate, such guidelines and procedures to
simplify the process of obtaining such grants.
‘‘(7) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) INFORMATION AND PARTICIPATION.—
To facilitate full participation by a grant recipi-
ent in response activities at a facility, a grant
made under this subsection may be used to ob-
tain technical assistance, including the hiring of
health and safety experts, in interpreting infor-
mation for, and disseminating information to,
members of the community, and in providing
information and recommendations to the Presi-
dent, with regard to—
‘‘(i) the nature of the hazard at a fa-
cility, including information used to rank
facilities according to the Hazard Ranking
System;
‘‘(ii) sampling and monitoring plans;
‘‘(iii) the remedial investigation and
feasibility study;
‘‘(iv) the record of decision;
‘‘(v) the selection, design, and con-
struction of the remedial action;
‘‘(vi) operation and maintenance;
‘‘(vii) institutional controls;
‘‘(viii) removal activities at the facil-
ity; and
‘‘(ix) health assessment or health
studies.
‘‘(B) ADDITIONAL
ACTIVITIES.—In addi-
tion to the activities specified in subparagraph
(A), not more than 10 percent of the amount
of a grant under this subsection may be used
for educational training, hiring neutral profes-
sionals to facilitate deliberations and consensus
efforts, and hiring community liaisons to poten-
tially responsible parties and government agen-
cies to facilitate public participation at the facil-
ity.
‘‘(C) AVAILABILITY OF INFORMATION.—In-
formation generated by the recipients of grants
under this subsection shall be made available,
as appropriate, to the appropriate Superfund
Site Information Office.
‘‘(D) LIMITATION.—Grants made under
this subsection may not be used for the pur-
poses of collecting field sampling data.
‘‘(8) NON-SITE-SPECIFIC GRANTS.—In accord-
ance with rules to be promulgated by the Adminis-
trator, the Administrator may make grants under
this subsection to Indian tribes, nonprofit organiza-
tions, and citizens groups to enhance their participa-
tion, prior to final agency action, in rulemaking
processes carried out in accordance with this Act.
Total funding for all such grants shall not exceed
$100,000.
‘‘(9) REPRESENTATIVE OF THE COMMUNITY.—
The Administrator shall publish guidance for deter-
mining whether a recipient of a grant under this
subsection is a legitimate representative of the com-
munity affected by a facility.’’.
SEC. 206. UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.
Section 117 (42 U.S.C. 9617) is amended by adding
at the end the following:
‘‘(f) UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.—The President shall ensure that information pre-
pared for distribution to the public under this section shall
be provided or summarized in a manner that may be easily
understood by the community, considering any unique cul-
tural needs of the community, including presentation of
information orally and distribution of information in lan-
guages other than English, as appropriate.’’.
SEC. 207. PUBLIC PARTICIPATION IN REMOVAL ACTIONS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(g) PUBLIC
PARTICIPATION
IN
REMOVAL
AC-
TIONS.—In the case of a removal action taken in accord-
ance with section 104, the President shall provide opportu-
nities for meaningful public participation as follows:
‘‘(1) REMOVAL ACTIONS WHERE ON-SITE AC-
TIVITIES MUST BEGIN IN LESS THAN 6 MONTHS.—
In the case of a removal action where on-site activi-
ties must begin in less than 6 months, the President
shall—
‘‘(A) publish a notice of availability of the
administrative record established under section
113(k) in a local newspaper of general circula-
tion within 60 days of any on-site removal ac-
tivity;
‘‘(B) provide a public comment period, as
appropriate, of not less than 30 days from the
date on which the administrative record is made
available for public inspection; and
‘‘(C) prepare a written response to com-
ments.
‘‘(2) REMOVAL ACTIONS WHERE ON-SITE AC-
TIVITIES WILL EXTEND BEYOND 120 DAYS.—In the
case of a removal action where on-site activities are
expected to extend beyond 120 days, the President
shall—
‘‘(A) conduct interviews with the Commu-
nity Advisory Group, if any, affected Indian
tribes, the affected community, local govern-
ment officials, and State and local health offi-
cials, as appropriate, to solicit their concerns,
information needs, and how or when the af-
fected community would like to become involved
in the response action;
‘‘(B) prepare a formal community relations
plan based on the community interviews and
other relevant information, specifying the com-
munity relations activities that the President
expects to undertake during the response; and
‘‘(C) establish at least 1 local information
repository at or near the location of the re-
sponse action.
The information repository shall contain items made
available for public information and the administra-
tive record. The President shall inform the affected
community of the establishment of the information
repository and provide a notice of availability of the
administrative record for public review. All items in
the repository shall be available for public inspection
and copying.
‘‘(3) REMOVAL ACTIONS WHERE PLANNING PE-
RIOD
WILL
EXTEND
BEYOND
MONTHS.—In the
case of a removal action where the planning period
is expected to extend beyond 6 months, the Presi-
dent shall—
‘‘(A) comply with the requirements of
paragraph (2);
‘‘(B) provide a notice of availability of and
a brief description of the removal engineering
evaluation and cost analysis in a local news-
paper of general circulation;
‘‘(C) provide a reasonable opportunity, not
less than 30 days, for submission of written and
oral comments after completion of the engineer-
ing evaluation and cost analysis; and
‘‘(D) prepare a written response to signifi-
cant comments.’’.
SEC. 208. COMMUNITY ADVISORY GROUPS.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(h) COMMUNITY ADVISORY GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
President shall provide the opportunity for the es-
tablishment of a Community Advisory Group to
serve as a representative public forum to achieve di-
rect, regular, and meaningful consultation with all
interested parties throughout all stages of a response
action whenever—
‘‘(A) the President determines such a
group will be helpful; or
‘‘(B) 25 individuals residing in the area in
which the facility is located, or 10 percent of
the population of a locality in which the Na-
tional Priorities List facility is located, which-
ever is fewer, petition for a Community Advi-
sory Group to be established.
‘‘(2) DUTIES.—
‘‘(A) PROVISION
OF
INFORMATION
AND
VIEWS.—A Community Advisory Group shall
provide information and views to the President
and, as appropriate, to any or all of the follow-
ing: the Agency for Toxic Substances and Dis-
ease Registry, State regulatory agencies, Fed-
eral agencies, Federal, State, and tribal natural
resource trustees, and potentially responsible
parties conducting response actions.
‘‘(B) CONTENTS
OF
INFORMATION
AND
VIEWS.—The information and views reported
under subparagraph (A) may include the var-
ious subjects related to facility remediation, in-
cluding facility health studies, potential reme-
dial alternatives, and selection and implementa-
tion of remedial and removal actions.
‘‘(C) ATTEMPTS
OF
ACHIEVE
CONSEN-
SUS.—The Community Advisory Group shall at-
tempt to achieve consensus among its members
before reporting positions to agencies or poten-
tially responsible parties. In cases in which con-
sensus cannot be reached, the Community Advi-
sory Group shall present divergent views.
‘‘(3) LAND USE RECOMMENDATIONS.—
‘‘(A) CONSULTATION DURING REMEDY SE-
LECTION PROCESS.—To obtain greater commu-
nity input into and support for remedial deci-
sions affecting future land use, the Adminis-
trator shall consult with the Community Advi-
sory Group, if any, affected Indian tribes, the
affected community, local government officials,
and local health officials on a regular basis
throughout the remedy selection process regard-
ing the reasonably anticipated beneficial use of
land at the facility and any institutional con-
trols required to assure that land use restric-
tions remain in effect.
‘‘(B) RECOMMENDATIONS OF COMMUNITY
ADVISORY GROUPS.—
‘‘(i) IN GENERAL.—A Community Ad-
visory Group may offer recommendations
on the reasonably anticipated future use of
land at a facility to the Administrator at
any time prior to the selection of a remedy
at the facility.
‘‘(ii) CONSIDERATION
OF
LAND
USE
PLANS.—A land use recommendation of a
Community Advisory Group under this
subparagraph shall consider, at a mini-
mum, applicable comprehensive land use
plans and the other criteria for determin-
ing future land use set forth in section
121(d)(3)(A).
‘‘(4) COMMUNITY ADVISORY GROUP INFORMA-
TION AND RECOMMENDATIONS.—With the exception
of land use recommendations, information and rec-
ommendations received from the Community Advi-
sory Groups shall be considered by the President to
be of equal weight with the advice received from re-
cipients of technical assistance grants under sub-
section (e) and other affected community members.
‘‘(5) COMMUNITY
ADVISORY
GROUP
MEM-
BERS.—
‘‘(A) NOTICE AND OPPORTUNITY TO PAR-
TICIPATE.—The President shall provide notice
and opportunity to participate on a Community
Advisory Group to the affected community, in-
cluding to persons who are or historically have
been disproportionately affected by facility con-
tamination in their community.
‘‘(B) COMMUNITY REPRESENTATION.—
‘‘(i) IN
GENERAL.—The President
shall ensure that each Community Advi-
sory Group, to the extent practicable, re-
flects the composition of the community
near the facility and the diversity of inter-
ests.
‘‘(ii) REPRESENTATIVES
OF
LOCAL
RESIDENTS.—Local residents shall com-
prise a majority of the total membership of
the Community Advisory Group.
‘‘(iii) REPRESENTATIVES
OF
TECH-
NICAL ASSISTANCE GRANT RECIPIENTS.—
At least 1 member of a Community Advi-
sory Group shall represent the recipients of
technical assistance grants under sub-
section (e) if such a grant has been made
with respect to the facility.
‘‘(iv) OTHER REPRESENTATIVES.—To
the extent possible, the President shall en-
sure that members of the following groups
are represented on a Community Advisory
Group:
‘‘(I) Persons residing or owning
residential property near the facility
or persons who may be directly af-
fected by the releases from the facil-
ity.
‘‘(II) Persons who, although not
residing or owning property near the
facility, may be potentially affected by
releases from the facility.
‘‘(III) Persons in the local medi-
cal community who are practicing in
the community.
‘‘(IV) Members of local Indian
tribes or Indian communities.
‘‘(V) Persons residing in the
community who are members of local
citizen, civic, environmental, or public
interest groups.
‘‘(VI) Current and former em-
ployees of the facility during facility
operation.
‘‘(VII) Persons in the local busi-
ness community.
‘‘(6) PAY.—Members shall serve on a Commu-
nity Advisory Group without pay.
‘‘(7) FACA.—The Federal Advisory Committee
Act shall not apply to a Community Advisory Group
established under this Act or ATSDR Community
Advisory Panels.
‘‘(8) TECHNICAL
AND
ADMINISTRATIVE
SUP-
PORT
FOR
COMMUNITY
ADVISORY
GROUPS.—The
President may provide technical and administrative
support for Community Advisory Groups.
‘‘(9) ADDITIONAL PARTICIPANTS.—The follow-
ing persons may participate in meetings of Commu-
nity Advisory Groups to provide information and
technical expertise, but shall not be members of the
Community Advisory Group:
‘‘(A) The Administrator.
‘‘(B) The Administrator of the Agency for
Toxic Substances and Disease Registry.
‘‘(C) The State.
‘‘(D) Representatives chosen by the gov-
erning body of local Indian tribes or Indian
community local governments (which may in-
clude pertinent city or county governments, or
both).
‘‘(E) The head of any other governmental
unit which regulates land use in the vicinity of
the facility, as appropriate.
‘‘(F) Facility owners, and local representa-
tives of the potentially responsible parties, who
represent, wherever practicable, a balance of the
interests of the potentially responsible parties.
‘‘(10) OTHER PUBLIC INVOLVEMENT.—
‘‘(A) CONSIDERATION OF VIEWS.—The ex-
istence of a Community Advisory Group shall
not diminish any other obligation of the Presi-
dent to consider the views of any person in se-
lecting response actions under this Act.
‘‘(B) STATUS
OF
EXISTING
COMMUNITY
ADVISORY
GROUPS.—Nothing in this section
shall affect the status of any citizen advisory
group formed before the enactment of this sub-
section.
‘‘(C) STATUS
OF
EXISTING
BOARDS.—
Nothing in this section shall affect the status,
decisions, or future formation of any Depart-
ment of Defense Restoration Advisory Board or
Department of Energy Site Specific Advisory
Board. No Citizen Advisory Group must be es-
tablished for a facility if any such Board has
been established for the facility.’’.
SEC. 209. COMMUNITY STUDY.
Section 117 (42 U.S.C. 9617) is further amended by
adding at the end the following:
‘‘(i) COMMUNITY STUDY.—
‘‘(1) REPORT
BY
THE
ADMINISTRATOR.—Not
later than 2 years after the date of the enactment
of this Act, the Administrator shall prepare and sub-
mit to Congress and the Superfund Site Information
Offices a community study. The Administrator shall
periodically update the study. The Administrator
and Superfund Site Information Offices shall ensure
that copies of such studies are made available to the
public.
‘‘(2) CONTENTS OF THE REPORT.—The Admin-
istrator’s report shall include an analysis of—
‘‘(A) the duration of time between the dis-
covery and listing of a facility;
‘‘(B) the timing and nature of response ac-
tions;
‘‘(C) the degree to which public views are
reflected in response actions;
‘‘(D) future land use determinations and
use of institutional controls;
‘‘(E) the population, race, ethnicity, and
income characteristics of each community af-
fected by each facility listed or proposed for
listing on the National Priorities List; and
‘‘(F) the risk presented by each such facil-
ity.
‘‘(3) EVALUATION.—The Administrator shall
evaluate the information in the study to determine
whether priority setting, response actions, and public
participation requirements were conducted in a fair
and equitable manner and identify program areas
that require improvements or modification.
‘‘(4) ACTIONS
BASED
ON
EVALUATION.—The
Administrator shall institute necessary improve-
ments or modifications to address any deficiencies
identified by the study prepared under this section.’’.
Subtitle B—Human Health
SEC. 221. PUBLIC HEALTH AUTHORITIES.
(a) DISEASE REGISTRY AND MEDICAL CARE PROVID-
ERS.—Section 104(i)(1) (42 U.S.C. 9604(i)(1)) is amend-
ed—
(1) by striking subparagraph (A) and inserting
the following:
‘‘(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;’’; and
(2) in subparagraph (E) by striking ‘‘admission
to hospitals and other facilities and services operated
or provided by the Public Health Service’’ and in-
serting ‘‘referral to licensed or accredited health care
providers’’.
(b) SUBSTANCE PROFILES.—Section 104(i)(3) (42
U.S.C. 9604(i)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively;
and
(3) by striking ‘‘Any toxicological profile or re-
vision thereof’’ and all that follows through the pe-
riod at the end of such paragraph and inserting the
following:
‘‘(B) Any toxicological profile or revision thereof shall
reflect the Administrator of ATSDR’s assessment of all
relevant toxicological testing which has been peer re-
viewed. The profiles prepared under this paragraph shall
be for those substances highest on the list of priorities
under paragraph (2) for which profiles have not previously
been prepared or for substances not on the listing but
which have been found at facilities for which there has
been a response action under this Act and which have been
determined by ATSDR to be of health concern. Profiles
required under this paragraph shall be revised and repub-
lished, as appropriate, based on scientific development.
Such profiles shall be provided to the States, including
State health departments, tribal health officials, and local
health departments, and made available to other inter-
ested parties.’’.
(c) 
DETERMINING
HEALTH
EFFECTS.—Section
104(i)(5)(A) (42 U.S.C. 9604(i)(5)(A)) is amended—
(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);
and
(4) by inserting after clause (iii) the following:
‘‘(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’’.
(d) PUBLIC HEALTH AT NPL FACILITIES.—
(1) PRELIMINARY
PUBLIC
HEALTH
ASSESS-
MENTS.—Section 104(i)(6) (42 U.S.C. 9604(i)(6)) is
amended by striking ‘‘(6)(A)’’ and all that follows
through subparagraph (A) and inserting the follow-
ing:
‘‘(6)(A)(i) The Administrator of ATSDR shall per-
form a preliminary public health assessment for each facil-
ity, including those facilities owned by any department,
agency, or instrumentality of the United States, on the
National Priorities List and those sites that are the sub-
ject of a petition under subparagraph (B). The prelimi-
nary 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 peti-
tion for a health assessment. Where ATSDR, in consulta-
tion with local public health officials, determines it is indi-
cated by the preliminary public health assessment,
ATSDR shall conduct a public health assessment of those
sites posing a health hazard, which should be considered
in selecting the remedial 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 ATSDR or are rea-
sonably anticipated based on currently known facts.’’.
(2) STRATEGIES FOR OBTAINING DATA; COMMU-
NITY
INVOLVEMENT.—Section 
104(i)(6)(D) 
(42
U.S.C. 9604(i)(6)(D)) is amended—
(A) by inserting ‘‘(i)’’ after ‘‘(D)’’; and
(B) by adding at the end the following:
‘‘The President and the Administrator of
ATSDR shall develop strategies to obtain rel-
evant on-site and off-site characterization data
for use in the health assessment. The President
shall, to the maximum extent practicable, pro-
vide the Administrator of ATSDR with the data
and information necessary to make public
health assessments sufficiently prior to the
choice of remedial actions to allow ATSDR to
complete these assessments. Where deemed ap-
propriate, the Administrator of ATSDR shall
provide to the President as soon as practicable
after site discovery, recommendations for sam-
pling environmental media for hazardous sub-
stances of public health concern. To the extent
feasible, the President shall incorporate such
recommendations into the President’s site inves-
tigation 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 collect
from Community Assistance Groups, from State and
local public health authorities, and from other
sources in communities affected or potentially af-
fected by releases of hazardous substances data re-
garding 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) RESULTS
OF
PUBLIC
HEALTH
ASSESS-
MENTS.—Section 
104(i)(6)(H) 
(42 
U.S.C.
9604(i)(6)(H)) is amended by striking ‘‘health as-
sessment’’ each place it appears and inserting ‘‘pub-
lic health assessment’’.
(e) HEALTH STUDIES.—Section 104(i)(7) (42 U.S.C.
9604(i)(7)) is amended by striking ‘‘(7)(A)’’ and all that
follows through subparagraph (A) and inserting the fol-
lowing:
‘‘(7)(A) Whenever in the judgment of the Adminis-
trator of ATSDR it is appropriate on the basis of the re-
sults of a public health assessment or on the basis of other
appropriate information, the Administrator of ATSDR
shall conduct a human health study of exposure or other
health effects for selected groups or individuals in order
to determine the desirability of conducting full scale epi-
demiologic or other health studies of the entire exposed
population.’’.
(f) DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS
AND
MEDICAL
CENTERS.—Section
104(i)(14) (42 U.S.C. 9604(i)(14)) 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 State and local health officials, tribes,
medical colleges, physicians, nursing institutions,
nurses, and other health professionals 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 para-
graph (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.’’.
(g) GRANTS, CONTRACTS, AND COMMUNITY ASSIST-
ANCE
ACTIVITIES.—Section 
104(i)(15) 
(42 
U.S.C.
6904(i)(15)) is amended—
(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 ‘‘public’’
before ‘‘health assessments’’; and
(4) by adding at the end the following:
‘‘(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 ATSDR, pursuant to the
grants, cooperative agreements, and contracts referred to
in this paragraph, is authorized and directed to provide,
where appropriate, diagnostic services, health data reg-
istries and preventative public health education to commu-
nities affected by the release of hazardous substances.’’.
(h) PEER REVIEW COMMITTEE.—Section 104(i) (42
U.S.C. 6904(i)) is amended by adding at the end the fol-
lowing:
‘‘(19) The Administrator of ATSDR shall establish
an external peer review committee of qualified health sci-
entists who serve for fixed periods and meet periodically
to—
‘‘(A) provide guidance on initiation of studies;
‘‘(B) assess the quality of study reports funded
by the agency; and
‘‘(C) provide guidance on effective and objective
risk characterization and communication.
The peer review committee may include additional specific
experts representing a balanced group of stakeholders on
an ad hoc basis for specific issues. Meetings of the com-
mittee should be open to the public.’’.
SEC. 222. INDIAN HEALTH PROVISIONS.
Section 104(i) (42 U.S.C. 9406(i)) is amended—
(1) in paragraph (1) by inserting ‘‘the Indian
Health Service,’’ after ‘‘the Secretary of Transpor-
tation,’’;
(2) in paragraph (5)(A) by inserting ‘‘and the
Indian Health Service’’ after ‘‘Public Health Serv-
ice’’;
(3) in paragraph (6)(C) by inserting ‘‘where low
population density is not used as an excluding risk
factor’’ after ‘‘health appears highest’’;
(4) in paragraph (6)(E) by inserting at the end
of the subparagraph the following: ‘‘If the Adminis-
trator of ATSDR or the Administrator of EPA does
not act on the recommendations of the State, the
Administrators must respond in writing to the State
or tribe as to why they have not acted on the rec-
ommendations.’’;
(5) in paragraph (6)(F)—
(A) by striking ‘‘and’’ after ‘‘emissions,’’;
and
(B) by inserting ‘‘and any other pathways
resulting from subsistence activities’’ after
‘‘contamination’’; and
(6) in paragraph (6)(G) by striking the period
at the end of the last sentence and inserting the fol-
lowing: ‘‘, and may give special consideration, where
appropriate, to any practices of the affected commu-
nity that may result in increased exposure to haz-
ardous substances, pollutants, or contaminants, such
as subsistence hunting, fishing, and gathering.’’.
SEC. 223. HAZARD RANKING SYSTEM.
Section 105(c) (42 U.S.C. 9605(c)) is amended by
adding at the end the following:
‘‘(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 or are rea-
sonably anticipated based on currently known facts.
‘‘(6) PRIOR
RESPONSE
ACTION.—Any evalua-
tion under this section shall take into account all
prior response actions taken at a facility.’’.
SEC. 224. FACILITY SCORING.
Section 105 (42 U.S.C. 9605) is amended by adding
at the end the following:
‘‘(h) FACILITY SCORING.—The Administrator shall
evaluate areas, such as Indian country or poor rural com-
munities that warrant special attention and identify up to
5 facilities in each region of the Environmental Protection
Agency that are likely to warrant inclusion on the Na-
tional Priorities List. These facilities shall be accorded a
priority in evaluation for National Priorities List listing
and scoring, and shall be evaluated for listing within 2
years after the date of enactment of this subsection.’’.
TITLE III—LIABILITY REFORM
SEC. 301. AMENDMENTS TO SECTION 104.
(a) LIMITATION ON REMOVAL AUTHORITY.—Section
104(c) (42 U.S.C. 9604(c)) is amended—
(1) by striking ‘‘(c)(1)’’ and all that follows
through the period at the end of paragraph (1) and
inserting the following:
‘‘(c) LIMITATIONS ON AUTHORITY OF PRESIDENT.—
‘‘(1) TAKING
OR
REQUIRING
RESPONSE
AC-
TIONS.—The President shall not take or require an-
other person to take response actions at any facility
after $4,000,000 has been expended for such actions
or 2 years has elapsed from the date of initial re-
sponse to the release or threatened release of haz-
ardous substances at the facility unless the facility
is on the National Priorities List or is proposed to
be on such List or the President finds that—
‘‘(A) continued response actions are imme-
diately required to prevent, limit, or mitigate an
emergency at the facility;
‘‘(B) there is immediate risk to public
health or welfare or the environment; and
‘‘(C) such assistance will not be otherwise
provided on a timely basis.’’;
(2) in paragraph (2) by inserting before ‘‘The
President’’ the following: ‘‘CONSULTATION REQUIRE-
MENT.—’’;
(3) in paragraph (3) by inserting before ‘‘The
President’’ the following: ‘‘LIMITATION ON REME-
DIAL ACTIONS.—’’; and
(4) by aligning the left margin of paragraphs
(2) and (3) with paragraph (4).
(b) INFORMATION GATHERING AND ACCESS.—Sec-
tion 104(e)(2) (42 U.S.C. 9604(e)(2)) is amended—
(1) by striking subparagraph (C) and inserting
the following:
‘‘(C) The ability of a person to pay for or
to perform a response action.’’.
(c) CONFIDENTIALITY REQUIREMENTS
FOR CON-
TRACTORS.—Paragraph (7) of section 104(e) is amended
by adding at the end the following new subparagraph:
‘‘(G)(i) No person described in clause (ii) may
disclose any record, report, document, or other infor-
mation referred to in subparagraph (A)(i) without
the permission of the President (or the State, as the
case may be).
‘‘(ii) A person described in this clause is any
person—
‘‘(I) who is not an employee of the United
States Government; and
‘‘(II) who, by virtue of the person’s duties
under a contract or cooperative agreement with
the United States under this section to perform
work for the United States Government or im-
plement the requirements of this Act, has re-
ceived information obtained under this section
(or any record, report, or document containing
such information) which, if requested from the
United States Government pursuant to section
552 of title 5, United States Code, would be ex-
empt from disclosure by reason of subsection
(b) of such section.’’.
(d) CONFIDENTIALITY IN GENERAL.—Subparagraph
(A) of section 104(e)(7) is amended to read as follows:
‘‘(A) Any records, reports, documents, or infor-
mation obtained from any person under this section
(including records, reports, documents, or informa-
tion obtained by representatives of the President (or
the State as the case may be) and records, reports,
documents, or information obtained pursuant to a
contract, grant, or other agreement to perform work
pursuant to this section) shall be available to the
public not later than 45 days after the records, re-
ports, or information is obtained, except as follows:
‘‘(i) Upon a showing satisfactory to the
President (or the State, as the case may be) by
any person that records, reports, documents, or
information, or any particular part thereof
(other than health or safety effects data), to
which the President (or the State, as the case
may be) or any officer, employee, or representa-
tive has access under this section if made public
would divulge information entitled to protection
under section 1905 of title 18, United States
Code, such information or particular portion
thereof shall be considered confidential in ac-
cordance with the purposes of that section, ex-
cept as otherwise provided in this clause. Any
such record, report, document, or information
may be disclosed to other officers, employees, or
authorized representatives of the United States
carrying out this Act, when relevant in any pro-
ceeding under this Act, including any allocator
appointed pursuant to section 128. If such
records, reports, documents, or information are
obtained or submitted to the United States (or
the State, as the case may be) pursuant to a
contract, grant, or other agreement to perform
work pursuant to this section, such record, re-
port, document, or information may be dis-
closed to persons from whom the President
seeks to recover costs pursuant to this Act.
‘‘(ii) This section does not require that in-
formation which is exempt from disclosure pur-
suant to section 552(a) of title 5, United States
Code, by reason of subsection (b) of such sec-
tion, be available to the public. The disclosure
of any such information pursuant to this sec-
tion shall not authorize disclosure to other par-
ties or be deemed to waive any confidentiality
privilege available under any Federal or State
law.’’.
(e) AVAILABILITY OF INFORMATION TO CONGRESS.—
Subsection 104(e) is further amended by adding after
paragraph (7) the following new paragraph:
‘‘(8) AVAILABILITY OF INFORMATION TO CON-
GRESS.—Nothing in this subsection shall be con-
strued to authorize any person, including any allo-
cator appointed pursuant to section 128, to withhold
any documents or information from Congress, or any
duly authorized Committee thereof, or limit in any
manner the right of Congress, or any duly author-
ized Committee thereof, to obtain such documents or
information.’’.
SEC. 302. AMENDMENTS TO SECTION 106.
(a) ADMINISTRATIVE ORDERS.—Section 106(a) (42
U.S.C. 9606(a)) is amended by adding at the end the fol-
lowing: ‘‘No order may be issued under this section
against any person who would not be liable for costs or
damages referred to in section 107(a). In any case in
which the President issues an order to a person under this
subsection, the President shall provide information con-
cerning the evidence that indicates that each element of
liability contained in section 107(a) is present.’’.
(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 an objectively rea-
sonable 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’’.
SEC. 303. AMENDMENTS TO SECTION 107(a).
(a) IN GENERAL.—Section 107 (42 U.S.C. 9607) is
amended by striking the section heading, the section des-
ignation, and subsection (a) and inserting the following:
‘‘SEC. 107. LIABILITY.
‘‘(a) GENERAL RULE.—
‘‘(1) PERSONS LIABLE.—Notwithstanding any
other provision or rule of law and subject only to the
defenses set forth in subsection (b) of this section
and the exemptions set forth in subsections (n) and
(o), in the case of a facility or vessel from which
there is a release, or a threatened release, of a haz-
ardous substance that causes the incurrence of re-
sponse costs—
‘‘(A) the owner or operator of the vessel or
the facility,
‘‘(B) any person who at the time of dis-
posal of any hazardous substance owned or op-
erated any facility at which such hazardous
substances were disposed of,
‘‘(C) any person who by contract, agree-
ment, or otherwise arranged for disposal or
treatment, or arranged with a transporter for
transport for disposal or treatment, of hazard-
ous substances owned or possessed by such per-
son, by any other party or entity, at any facility
100
‘‘(D) the costs of any health assessment or
health effects study carried out under section
104(i).
‘‘(3) INTEREST.—The amounts recoverable in
an action under this section shall include interest on
the amounts recoverable under paragraph (2). Such
interest shall accrue from the later of (A) the date
payment of a specified amount is demanded in writ-
ing, or (B) the date of the expenditure concerned.
The rate of interest on the outstanding unpaid bal-
ance of the amounts recoverable under this section
shall be the same rate as is specified for interest on
investments of the Hazardous Substance Superfund
established under subchapter A of chapter 98 of the
Internal Revenue Code of 1986. For purposes of ap-
plying such amendments to interest under this sub-
section, the term ‘comparable maturity’ shall be de-
termined with reference to the date on which inter-
est accruing under this subsection commences.’’.
(b) CONFORMING AMENDMENTS.—The Act is further
amended—
(1) in section 101 (42 U.S.C. 9601)—
(A) in paragraph (20) by striking ‘‘section
107(a)(3) or (4)’’ each place it appears and in-
101
serting ‘‘section 107(a)(1)(C) or 107(a)(2)(D)’’;
and
(B) in paragraph (35)(C) by striking
‘‘107(a)(1)’’ and inserting ‘‘107(a)(1)(A)’’;
(2) in section 107 (42 U.S.C. 9607)—
(A) in subsection (d)(3) by striking ‘‘the
provisions of paragraph (1), (2), (3), or (4) of
subsection (a) of this section’’ and inserting
‘‘subsection (a)’’;
(B) in subsection (f)(1) by striking ‘‘sub-
paragraph (C) of subsection (a)’’ each place it
appears and inserting ‘‘subsection (a)(2)(C)’’;
(C) in subsection (l)(1) by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraph (1)(A)’’;
and
(D) in subsection (m) by striking ‘‘sub-
section 
(a)(1)’’ 
and 
inserting 
‘‘subsection
(a)(1)(A)’’;
(3) in section 108(a)(1) (42 U.S.C. 9608(a)(1))
by striking ‘‘paragraph (1)’’ and inserting ‘‘para-
graph (1)(A)’’;
(4) 
in 
section 
114(c)(1) 
(42 
U.S.C.
9614(c)(1))—
(A) by striking ‘‘(a)(3) or (a)(4)’’ and in-
serting ‘‘(a)(1)(C) or (a)(1)(D)’’; and
102
(B) by striking ‘‘(a)(1) or (a)(2)’’ and in-
serting ‘‘(a)(1)(A) or (a)(1)(B)’’;
(5) in section 119(d) (42 U.S.C. 9619(d)) by
striking ‘‘(1), (2), (3) or (4)’’ and inserting ‘‘(1)(A),
(1)(B), (1)(C), or (1)(D)’’;
(6) in section 122(j)(2) (42 U.S.C. 9622(j)(2))
by 
striking 
‘‘107(a)(4)(C)’’ 
and 
inserting
‘‘107(a)(2)(C)’’; and
(7) in section 124(b)(2) (42 U.S.C. 9624(b)(2))
by striking ‘‘(1), (2), (3), or (4)’’ and inserting
‘‘(1)(A), (1)(B), (1)(C), or (1)(D)’’.
SEC. 304. INNOCENT PARTIES.
(a) LIABILITY RELIEF FOR INNOCENT PARTIES.—
Section 107(b) (42 U.S.C. 9607(b)) is amended to read
as follows:
‘‘(b) DEFENSES TO LIABILITY.—
‘‘(1) IN GENERAL.—There shall be no liability
under subsection (a) of this section for a person oth-
erwise liable who can establish by a preponderance
of the evidence that the release or threat of release
of a hazardous substance and the damages resulting
therefrom were caused solely by—
‘‘(A) an act of God;
‘‘(B) an act of war;
103
‘‘(C) an act or omission of a third party
other than an employee or agent of the defend-
ant, or than one whose act or omission occurs
in connection with a contractual relationship,
existing directly or indirectly, with the defend-
ant (except where the sole contractual arrange-
ment arises exclusively from a contract for car-
riage by a common carrier by rail), if the de-
fendant establishes by a preponderance of the
evidence that (i) the defendant exercised due
care with respect to the hazardous substance
concerned, taking into consideration the charac-
teristics of such hazardous substance, in light
of all relevant facts and circumstances, and (ii)
the defendant took precautions against foresee-
able acts or omissions of any such third party
and the consequences that could foreseeably re-
sult from such acts or omissions; or
‘‘(D) any combination of acts or omissions
described in subparagraphs (A), (B), and (C).
‘‘(2) LIABILITY
RELIEF
FOR
INNOCENT
PAR-
TIES.—There shall be no liability under subsection
(a) of this section for a person otherwise liable who
can establish by a preponderance of the evidence
that such person is one or more of the following:
104
‘‘(A) INNOCENT
OWNERS
OR
OPERA-
TORS.—A person whose liability is based solely
on the person’s status as a current or former
owner or operator of the facility or vessel and
who can establish by a preponderance of the
evidence that—
‘‘(i) the person did not, by any act or
omission, cause or contribute to the release
or threatened release of hazardous sub-
stances that caused the incurrence of re-
sponse costs;
‘‘(ii) the person exercised due care
with respect to the hazardous substances
concerned, including precautions against
foreseeable acts of third parties, taking
into consideration the characteristics of
such hazardous substances, in light of all
relevant facts and circumstances; and
‘‘(iii) in any case in which the person
acquired ownership of the facility or vessel
after December 11, 1980, the person, prior
to such acquisition, made all appropriate
inquiry into the previous ownership and
uses of the facility or vessel and any real
property in accordance with the generally
105
accepted commercial and customary stand-
ards and practices of the time of acquisi-
tion.
‘‘(B) INNOCENT RECIPIENTS OF PROPERTY
BY
INHERITANCE
OR
BEQUEST.—A person
whose liability is based solely on the person’s
status as a current or former owner or operator
of the facility or vessel and who can establish
by a preponderance of the evidence that the
person meets the requirements of clauses (i)
and (ii) of subparagraph (A) and that the per-
son acquired the property by inheritance or be-
quest.
‘‘(C) INNOCENT RECIPIENTS OF PROPERTY
BY CHARITABLE DONATION.—A person whose
liability is based solely on the person’s status as
a current or former owner or operator of the fa-
cility or vessel and who can establish by a pre-
ponderance of the evidence that the person
meets the requirements of clauses (i) and (ii) of
subparagraph (A) and the person holding title,
either outright or in trust, to the vessel or facil-
ity 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
106
such Code and holds such title as a result of
a charitable donation that qualifies under sec-
tion 170, 2055, or 2522 of such Code.
‘‘(D) INNOCENT
GOVERNMENTAL
ENTI-
TLES.—A person who is a government entity,
who acquired the facility by escheat or through
any other involuntary transfer or acquisition or
through the exercise of eminent domain author-
ity by purchase or condemnation, and who can
establish by a preponderance of the evidence
that the person meets the requirements of
clauses (i) and (ii) of subparagraph (A).
‘‘(E) INNOCENT CONSTRUCTION CONTRAC-
TORS.—A person who is a construction contrac-
tor (other than a response action contractor
covered by section 119) and who can establish
by a preponderance of the evidence that—
‘‘(i) the person’s liability is based sole-
ly on construction activities that were spe-
cifically directed by and carried out in ac-
cordance with a contract with an owner or
operator of the facility;
‘‘(ii) the person did not know or have
reason to know of the presence of hazard-
107
ous substances at the facility concerned be-
fore beginning construction activities; and
‘‘(iii) the person exercised due care
with respect to the hazardous substances
discovered in the course of performing the
construction activity, including precautions
against foreseeable acts of third parties,
taking into consideration the characteris-
tics of such hazardous substance, in light
of all relevant facts and circumstances.
‘‘(F) CONTIGUOUS PROPERTY OWNERS.—
A person who owns or operates real property
which is contiguous to, or onto which a release
has migrated from, real property on which there
has been a release or threatened release of a
hazardous substance and who can establish by
a preponderance of the evidence that—
‘‘(i) the person meets the require-
ments of clauses (i) and (ii) of subpara-
graph (A); and
‘‘(ii) the person’s real property is or
may be contaminated by a release or
threatened release of hazardous substances
on property that is owned and operated by
108
persons who are not affiliated with such
person.
‘‘(3) ALL APPROPRIATE INQUIRY.—
‘‘(A) SITE-SPECIFIC
BASIS.—The deter-
mination whether or not a person has made all
appropriate inquiry into the previous ownership
and uses of a facility or vessel within the mean-
ing of paragraph (2)(A)(iii) shall be made on a
site-specific basis.
‘‘(B) SAFE HARBOR.—A person who has
acquired real property shall be deemed to have
made all appropriate inquiry within the mean-
ing of paragraph (2)(A)(iii) if the person—
‘‘(i) establishes that an environmental
site assessment has been conducted as de-
scribed in subparagraph (C); and
‘‘(ii) maintains a compilation of the
information reviewed and gathered in the
course of the environmental site assess-
ment.
‘‘(C) ASTM STANDARD.—For purposes of
subparagraph (B), an environmental site as-
sessment is an assessment conducted in accord-
ance with the standards set forth in the Amer-
ican Society for Testing and Materials Stand-
109
ard E1527–94, entitled ‘Standard Practice for
Environmental Site Assessments: Phase I Envi-
ronmental Site Assessment Process’ or with al-
ternative standards issued by rule by the Ad-
ministrator or promulgated or developed by oth-
ers and designated by rule by the Adminis-
trator.
‘‘(4) LIMITATIONS.—No defense shall be avail-
able under this subsection to—
‘‘(A) a person who obtained actual knowl-
edge of a release or threat of release of a haz-
ardous substance at a facility when such person
owned the real property and subsequently
transferred ownership of the property to an-
other person without disclosing such knowledge;
‘‘(B) a person who knowingly and willfully
impedes the performance of a response action
or natural resource restoration at the facility;
‘‘(C) a person who did not provide all le-
gally required notices with respect to the discov-
ery or release of any hazardous substances at
the facility; and
‘‘(D) a person (other than a person de-
scribed in paragraph (2)(B)) who is affiliated
with any other person liable for response costs
110
at the facility, through any direct or indirect
familial relationship, or any contractual, cor-
porate, or financial relationship other than that
created by the instruments by which title to the
facility is conveyed or financed or by a contract
for the sale of goods or services.
‘‘(5) WINDFALL LIENS.—
‘‘(A) IN GENERAL.—In any case in which
there are unrecovered response costs incurred
by the United States at a facility for which an
owner of the facility is not liable by reason of
paragraph (2), and the conditions described in
subparagraph (C) are met, the United States
shall have a lien upon such facility for such un-
recovered costs.
‘‘(B) SPECIAL RULES.—A lien under this
paragraph—
‘‘(i) shall not exceed the increase in
fair market value of the property attrib-
utable to the response action at the time of
a subsequent sale or other disposition of
the property;
‘‘(ii) shall arise at the time costs are
first incurred by the United States with re-
spect to a response action at the facility;
111
‘‘(iii) shall be subject to the require-
ments for notice and validity established in
paragraph (3) of subsection (l); and
‘‘(iv) shall continue until the earlier of
satisfaction of the lien or recovery of all re-
sponse costs incurred at the facility.
‘‘(C) CONDITIONS.—The conditions re-
ferred to in subparagraph (A) are the following:
‘‘(i) A response action for which there
are unrecovered costs is carried out at the
facility.
‘‘(ii) Such response action increases
the fair market value of the facility above
the fair market value of the facility that
existed in the 6-month period preceding
the date that response action began.
‘‘(D) LIMITATIONS.—No lien under this
paragraph shall arise (i) with respect to prop-
erty for which the property owner preceding the
current owner is not a liable party or has re-
solved its liability under this Act, or (ii) in any
case in which an environmental assessment gave
the owner or operator no reason to know of the
release of hazardous substances.’’.
112
(c) CONFORMING AMENDMENT TO DEFINITIONS.—
Section 101 (42 U.S.C. 9601) is amended by striking
paragraph (35).
SEC. 305. LIABILITY RELIEF FOR SMALL BUSINESSES AND
DE MINIMIS PARTIES.
(a) LIMITATION ON LIABILITY FOR SMALL BUSI-
NESSES.—Section 107 (42 U.S.C. 9607) is amended by
adding at the end the following new subsection:
‘‘(n) LIMITATION ON LIABILITY FOR SMALL BUSI-
NESSES.—
‘‘(1) IN
GENERAL.—With respect to actions
taken before October 23, 1997, a small business
concern may be liable under subsection (a) for re-
sponse costs or damages at a facility or vessel on the
National Priorities List only if—
‘‘(A) the small business concern is an
owner or operator or former owner or operator
of the facility or vessel and the hazardous sub-
stances disposed of at the facility or vessel dur-
ing the small business concern’s ownership or
operation contributed significantly, or could
contribute significantly, to the cost of a re-
sponse or to natural resources damages at the
facility or vessel; or
113
‘‘(B) the small business concern is an ar-
ranger or transporter for disposal and the haz-
ardous substances the person arranged for dis-
posal or transported for disposal at the facility
or vessel contributed significantly, or could con-
tribute significantly, to the cost of a response or
to natural resources damages at the facility or
vessel.
‘‘(2) SMALL BUSINESS CONCERN DEFINED.—In
this subsection, the term ‘small business concern’
means a business entity that—
‘‘(A) on average over the previous 3 years,
has no more than 75 full-time employees or the
equivalent thereof; and
‘‘(B) in its taxable year preceding the date
of notification by the President that the busi-
ness entity is a potential responsible party, has
$3,000,000 or less in gross revenues or a net
profit margin of less than 3 percent.’’.
(b) DE MINIMIS THRESHOLDS FOR SUPERFUND LI-
ABILITY.—Section 107 is further amended by adding at
the end the following:
‘‘(o) DE MINIMIS LIABILITY THRESHOLDS.—
‘‘(1) ARRANGER OR TRANSPORTER.—Subject to
paragraph (4), with respect to actions taken before
114
October 23, 1997, a person that arranged or trans-
ported for the disposal at a facility on the National
Priorities List shall not be liable for response costs
or damages under subsection (a)(1)(C) or (a)(1)(D)
to the extent that materials containing hazardous
substances that the person arranged or transported
for such disposal consist of de minimis toxicity mate-
rials or de minimis volume materials.
‘‘(2) OWNER OR OPERATOR.—Subject to para-
graph (4), with respect to actions taken before Octo-
ber 23, 1997, a person that owned or operated a fa-
cility on the National Priorities List shall not be lia-
ble for response costs or damages under subsection
(a)(1)(A) or (a)(1)(B) if the materials containing
hazardous substances that were disposed of at the
facility during the person’s ownership or operation
of the facility consist only of de minimis toxicity ma-
terials or de minimis volume materials.
‘‘(3) MIXTURES OF EXEMPT MATERIALS.—The
determinations under paragraphs (1) and (2) of
whether or not a person is liable for response costs
or damage shall be made without regard to whether
de minimis toxicity materials are mixed with de
minimis volume materials or de minimis volume ma-
terials are mixed with de minimis toxicity materials.
115
‘‘(4) LIMITATION.—If de minimis volume mate-
rials disposed of at a facility contribute significantly,
or could contribute significantly to the cost of re-
sponse or to natural resource damages at the facil-
ity, paragraphs (1) and (2) shall not apply to the
person who arranged for disposal at the facility or
transported the materials to the facility for disposal
or who owned or operated the facility at the time of
disposal.
‘‘(5) DEFINITIONS.—In this section, the follow-
ing definitions apply:
‘‘(A) DE MINIMIS TOXICITY MATERIALS.—
The term ‘de minimis toxicity materials’
means—
‘‘(i) municipal solid waste;
‘‘(ii) municipal sewage sludge; or
‘‘(iii) materials that, regardless of
whether the source is a household, institu-
tion, commercial enterprise, industrial fa-
cility, or any other generator, contains con-
centrations of hazardous substances that
are no greater than, and no more toxic
than, such municipal solid waste.
116
‘‘(B) DE MINIMIS VOLUME MATERIALS.—
The term ‘de minimis volume materials’
means—
‘‘(i) conditionally exempt small quan-
tity generator waste under regulations is-
sued pursuant to section 3001(d) of the
Solid Waste Disposal Act (42 U.S.C.
6921(d)), regardless of when generated; or
‘‘(ii) materials that are not subject to
regulation under subtitle C of such Act, re-
gardless of when generated, and that con-
stitute less than 1 percent of the volume of
those materials disposed of at the facility
or vessel that are not de minimis toxicity
materials.
‘‘(C) MUNICIPAL
SEWAGE
SLUDGE.—The
term ‘municipal sewage sludge’ means solid,
semisolid, or liquid residue removed during the
treatment of municipal waste water, domestic
sewage, or other waste water at or by publicly
owned treatment works, federally owned treat-
ment works, or treatment works that, regard-
less of ownership, primarily treat municipal
waste water or domestic sewage.
117
‘‘(D) 
MUNICIPAL
SOLID
WASTE.—The
term ‘municipal solid waste’ means all waste
materials generated by households, including
single and multi-family residences, and hotels
and motels, and waste materials generated by
commercial, 
institutional, 
and 
industrial
sources, to the extent such materials (i) are
substantially similar to waste materials nor-
mally generated by households, notwithstanding
differences in volume, or (ii) are collected and
disposed of with other municipal solid waste or
municipal sewage sludge as part of normal mu-
nicipal solid waste collection services. The term
includes food and yard waste, paper, clothing,
appliances, consumer product packaging, dis-
posable diapers, office supplies, cosmetics, glass
and metal food containers, elementary or sec-
ondary school science laboratory waste, and
household hazardous waste. The term does not
include combustion ash generated by resource
recovery facilities or municipal incinerators or
waste the disposal of which is regulated under
subtitle C of the Solid Waste Disposal Act, re-
gardless of when generated.’’.
118
(c) INELIGIBILITY FOR EXEMPTIONS.—Section 107
is further amended by adding at the end the following:
‘‘(p) INELIGIBILITY FOR EXEMPTIONS.—
‘‘(1) IMPEDING RESPONSE OR RESTORATION.—
The exemptions and limitations set forth in sub-
sections (n) and (o) and section 127 shall not apply
to any person with respect to a facility if such per-
son impedes the performance of a response action or
natural resource restoration at the facility.
‘‘(2) FAILURE TO RESPOND TO INFORMATION
REQUEST.—The exemptions and limitations set forth
in subsections (n) and (o) and section 127 shall not
apply to any person who—
‘‘(A) willfully fails to submit a complete
and timely response to an information request
under section 104(e) or 128(i)(2); or
‘‘(B) knowingly makes any false or mis-
leading material statement or representation in
any such response.
‘‘(3) FAILURE TO PROVIDE COOPERATION AND
FACILITY ACCESS.—The exemptions and limitations
set forth in subsections (n) and (o) and section 127
shall not apply to any owner or operator of a facility
who does not provide reasonable cooperation and fa-
119
cility access to persons authorized to conduct re-
sponse actions at the facility.’’.
(d) SMALL BUSINESS OMBUDSMAN.—The Adminis-
trator shall establish a small business Superfund assist-
ance section within the small business ombudsman office
at the Environmental Protection Agency. Such section
shall carry out the following functions:
(1) Act as a clearinghouse of information for
small businesses regarding the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980. Such information shall be comprehen-
sible to a lay person and shall include information
regarding the exemptions to liability under section
107 of such Act, the allocation process under section
128 of such Act, requirements and procedures for
expedited settlements pursuant to section 122(g) of
such Act, and de minimis status and ability-to-pay
procedures.
(2) Provide general advice and assistance to
small businesses as to their questions and problems
concerning liability and the exemptions to liability
under such Act and the allocation and settlement
processes, except that such advice and assistance
shall not include any legal advice as to liability or
120
any other legal representation. The ombudsman
shall not participate in the allocation process.
SEC. 306. AMENDMENTS TO SECTION 113.
(a) PETITIONS.—Section 113(a) (42 U.S.C. 9613(a))
is amended as follows:
(1) By striking ‘‘upon application by any inter-
ested person’’ and inserting ‘‘by any interested per-
son through the filing of a petition for review’’.
(2) By striking ‘‘application shall be made’’ and
inserting ‘‘petition shall be filed’’.
(b) PERIOD IN WHICH ACTION MAY BE BROUGHT.—
Section 113(g) (42 U.S.C. 9613(g)) is amended by strik-
ing paragraphs (2) and (3) and inserting the following:
‘‘(2) ACTIONS FOR RECOVERY OF COSTS.—(A)
Except as provided in subparagraph (C), an initial
action for recovery of costs referred to in section
107 must be commenced—
‘‘(i) for a removal action, within 3 years
after completion of all removal action taken
with respect to the facility, including off-site
disposal of any removed materials, except that
if physical on-site construction of the remedial
action is initiated within 3 years after the com-
pletion of all removal action taken with respect
to the facility, costs incurred for removal action
121
may be recovered in a cost recovery action
brought under clause (ii); and
‘‘(ii) for a remedial action, within 6 years
after initiation of physical on-site construction
of the remedial action.
‘‘(B) In any such action described in this para-
graph, the court shall enter a declaratory judgment
on liability for response costs or damages that will
be binding in such action or in any subsequent ac-
tion or actions to recover further response costs or
damages. A subsequent action or actions under sec-
tion 107 for further response costs at the vessel or
facility may be maintained at any time during the
response action, but must be commenced no later
than 3 years after the date of completion of all re-
sponse action. Except as otherwise provided in this
paragraph, an action may be commenced under sec-
tion 107 for recovery of costs at any time after such
costs have been incurred.
‘‘(C) An action by any potentially responsible
party against another potentially responsible party
for recovery of any response costs or damages must
be commenced within the later of—
‘‘(i) the time limitations set forth in sub-
paragraph (A); or
122
‘‘(ii) where recovery is sought for costs or
damages paid pursuant to a judgment or settle-
ment, 3 years after—
‘‘(I) the date of judgment in any ac-
tion under this Act for recovery of such
costs or damages; or
‘‘(II) the date of any administrative
order or judicial settlement for recovery of
the costs or damages paid or incurred pur-
suant to such a settlement.’’.
(c) LIMITATIONS ON CONTRIBUTION ACTIONS.—Sec-
tion 113(f) (42 U.S.C. 9613(f)) is amended as follows:
(1) In paragraph (1)—
(A) by striking ‘‘Any person’’ in the first
sentence and inserting ‘‘Except as provided in
paragraph (4), any person who is liable or po-
tentially liable under section 107(a)’’;
(B) by striking ‘‘, during or following any
civil action under section 106 or under section
107(a).’’ and inserting ‘‘in a claim asserted
under section 107(a).’’;
(C) by striking ‘‘this section’’ in the second
sentence and inserting ‘‘section 107(a), this sec-
tion,’’; and
123
(D) by striking the sentence beginning
with ‘‘Nothing in this subsection’’.
(2) By striking paragraph (2) and inserting the
following:
‘‘(2) SETTLEMENTS.—A person who has re-
solved its liability to the United States in an admin-
istrative or judicially approved settlement shall not
be liable for contribution or any other claims by any
person other than a State acting under section
107(a)(2)(A) (and not as a potentially responsible
party) regarding response actions, response costs, or
damages addressed in the settlement. A person who
has resolved its liability to a State or an Indian tribe
in an administrative or judicially approved settle-
ment shall not be liable for contribution or any other
claims by persons other than the United States Gov-
ernment acting under section 107(a)(2)(A) (and not
as a potentially responsible party) regarding re-
sponse actions, response costs or damages addressed
in the settlement for which the State or Indian tribe
has a claim under this title. Such settlement does
not discharge any other potentially responsible per-
sons unless its terms so provide, but it reduces the
potential liability of such other persons by the
amount of the settlement. The protection afforded
124
by this subsection shall include protection against
claims, under Federal or State law, that may be as-
serted against the settling party for recovery of re-
sponse costs or damages incurred or paid by another
person, if such costs or damages are addressed in
the settlement, but shall not include protection
against claims based on contractual indemnification
or other express contractual agreements to pay such
costs or damages.’’.
(3) By adding at the end the following new
paragraph:
‘‘(4) LIMITATIONS
ON
CONTRIBUTION
AC-
TIONS.—(A) There shall be no right of contribution
under this subsection in any of the following cir-
cumstances:
‘‘(i) The person asserting the right of con-
tribution has waived the right in a settlement
pursuant to this Act.
‘‘(ii) The person from whom contribution
is sought is not liable under this Act.
‘‘(iii) The person from whom contribution
is sought has entered into a settlement with the
United States pursuant to section 122(g), with
respect to matters addressed in that settlement.
125
‘‘(B) Any person who commences an action for
contribution shall be liable to the person against
whom the claim of contribution is brought for all
reasonable costs of defending against the claim, in-
cluding all reasonable attorneys’ and expert witness
fees, if—
‘‘(i) the action is barred by subparagraph
(A);
‘‘(ii) the action is brought against a person
who is protected from such suits pursuant to
section 113(f)(2) by reason of a settlement with
the United States; or
‘‘(iii) the action is brought during the mor-
atorium pursuant to section 128 (relating to al-
location).’’.
SEC. 307. LIABILITY OF RESPONSE ACTION CONTRACTORS.
(a) EXTENSION OF NEGLIGENCE STANDARD.—Sub-
section (a) of section 119 (42 U.S.C. 9619(a)) is amended
as follows:
(1) In paragraph (1) by striking ‘‘title or under
any other Federal law’’ and inserting ‘‘title, under
any other Federal law or under the law of any State
or political subdivision of a State’’.
(2) By adding at the end of paragraph (1) the
following: ‘‘Notwithstanding the preceding sentence,
126
this section shall not apply in determining the liabil-
ity of a response action contractor under the law of
any State or political subdivision thereof if the State
has enacted a law determining the liability of a re-
sponse action contractor.’’.
(3) By adding at the end of paragraph (2) the
following: ‘‘Such conduct shall be evaluated based on
the generally accepted standards and practices in ef-
fect at the time and place that the conduct oc-
curred.’’.
(b) CLARIFICATION OF LIABILITY.—Section 119(a)
(42 U.S.C. 9219(a)) is amended by inserting after para-
graph (4) the following:
‘‘(5) LIABILITY.—Notwithstanding any other
provision of this Act, any liability of a response ac-
tion contractor under this Act shall be determined
solely in accordance with this section.’’.
(c) EXTENSION OF INDEMNIFICATION AUTHORITY.—
Section 119(c) is amended by adding at the end of para-
graph (1) the following: ‘‘Any such agreement may apply
to claims for negligence arising under Federal law or
under the law of any State or political subdivision of a
State.’’.
(d) INDEMNIFICATION
FOR
THREATENED
RE-
LEASES.—Section 119(c)(5) is amended in subparagraph
127
(A) by inserting ‘‘or threatened release’’ after ‘‘release’’
each place it appears.
(e) EXTENSION OF COVERAGE TO ALL RESPONSE
ACTIONS.—Section 119(e)(1) is amended as follows:
(1) By striking ‘‘carrying out an agreement
under section 106 or 122’’.
(2) By striking ‘‘any remedial action under this
Act at a facility listed on the National Priorities
List, or any removal action under this Act,’’ and in-
serting ‘‘any response as defined by section
101(25),’’.
(f) EXTENSION RELATING TO SURETIES.—Section
119 is amended—
(1) in subsection (e)(2)(C) by striking ‘‘and be-
fore January 1, 1996,’’; and
(2) in subsection (g)(5) by striking ‘‘, or after
December 31, 1995’’.
(g) LIMITATION
ON
ACTIONS.—Section 119 is
amended by adding at the end the following:
‘‘(h) LIMITATION ON ACTIONS AGAINST RESPONSE
ACTION CONTRACTORS.—No action to recover for any in-
jury to property, real or personal, or for bodily injury or
wrongful death, or any other expenses or costs arising out
of the performance of services under a response action
contract, nor any action for contribution or indemnity for
128
damages sustained as a result of such injury, shall be
brought against any response action contractor more than
6 years after the completion of work at any site under
such contract. Notwithstanding the preceding sentence,
this section shall not—
‘‘(1) bar recovery for a claim caused by the con-
duct of the response action contractor that is grossly
negligent or that constitutes intentional misconduct;
‘‘(2) affect any right of indemnification that
such response action contractor may have under this
section or may acquire by written agreement with
any party; or
‘‘(3) apply in any State or political subdivision
thereof if the State has enacted a statute of repose
determining the liability of a response action con-
tractor.’’.
SEC. 308. AMENDMENTS TO SECTION 122.
(a) ENHANCEMENT
OF
SETTLEMENT
AUTHORI-
TIES.—Section 122 (42 U.S.C. 9622) is amended as fol-
lows:
(1) By striking the last 2 sentences of sub-
section (a).
(2) By adding at the end of subsection (d)(1)
the following:
129
‘‘(D) DISPUTE RESOLUTION.—Any consent
decree shall require the parties to attempt expe-
ditiously to resolve disagreements concerning
implementation of the remedial action infor-
mally with the appropriate Federal and State
agencies. Each consent decree shall provide au-
thority for the Federal district court with juris-
diction over the decree to resolve any disagree-
ments not resolved by the parties.’’.
(3) By adding at the end of subsection (e)(1)
the following:
‘‘(D) For each potentially responsible
party, the evidence that indicates that each ele-
ment of liability contained in section 107(a) is
present.’’.
(4) By striking paragraph (6) of subsection (e)
and inserting the following:
‘‘(6) NOTIFICATION
OF
PROCEDURES
NOT
USED.—If the President decides not to use the pro-
cedures in this section, the President shall notify in
writing potentially responsible parties at the facility
of such decision and the reasons why use of the pro-
cedures is inappropriate. A decision of the President
to use or not to use the procedures in this section
is not subject to judicial review.’’.
130
(5) By adding at the end the following:
‘‘(n) INCONSISTENT RESPONSE ACTION.—When ei-
ther the President, or a potentially responsible party pur-
suant to an administrative order or consent decree under
this Act, has initiated a remedial investigation and fea-
sibility study for a particular facility under this Act, no
potentially responsible party may undertake any response
action at the facility unless such response action has been
authorized by the President or the State under applicable
law.
‘‘(o) RETENTION OF FUNDS.—
‘‘(1) INTEREST
BEARING
ACCOUNTS.—If, as
part of any settlement agreement under this Act, a
potentially responsible party will be paying amounts
to the President for carrying out any response ac-
tion, the President may retain such amounts in in-
terest bearing accounts, and use such amounts, to-
gether with accrued interest, without further appro-
priation, to conduct or enable other persons to con-
duct such response action.
‘‘(2) FINANCIAL INSTRUMENTS.—If, as part of
any settlement agreement for carrying out a re-
sponse action under this Act, a potentially respon-
sible party will be paying amounts to the President,
the Administrator is authorized to accept ownership
131
of a financial instrument running irrevocably to the
benefit of the United States to conduct, or enable
other persons to conduct, such response actions. For
the purposes of this paragraph, the term ‘financial
instrument’ means an annuity contract, funding
agreement, or similar instrument acceptable to the
Secretary of the Treasury, that is purchased by one
or more potentially responsible parties, and has a
defined schedule of periodic payments which coin-
cides with the obligations set forth in the settlement
agreement. Periodic payments under such a financial
instrument will be made to the owner, or as the
owner directs, for response costs at the facility which
is the subject of the settlement agreement.
‘‘(p) CHALLENGE TO COST RECOVERY COMPONENT
OF SETTLEMENT.—Notwithstanding the limitations on re-
view in section 113(h), and except as provided in sub-
section (g) of this section, a person whose potential claim
for response costs or contribution is limited as a result
of contribution protection afforded by an administrative
settlement under this section may challenge the cost recov-
ery component of such settlement. Such a challenge may
be made only by filing a complaint against the Adminis-
trator in the United States District Court within 60 days
after such settlement becomes final. Venue shall lie in the
132
district in which the principal office of the appropriate re-
gion of the Environmental Protection Agency is located.
Any review of an administrative settlement shall be limited
to the administrative record, and the settlement shall be
upheld unless the objecting party can demonstrate on that
record that the decision of the President to enter into the
administrative settlement was arbitrary, capricious, or
otherwise not in accordance with law.
‘‘(q) UNSUCCESSFUL CHALLENGERS LIABLE
FOR
ATTORNEYS’ FEES.—Any party who challenges any settle-
ment entered into between the President and any poten-
tially responsible party under this Act, and who is not suc-
cessful in overturning or modifying the settlement, shall
be liable to the United States and any settling party for
all reasonable attorneys’ fees and costs incurred in defend-
ing the settlement.’’.
(b) MIXED FUNDING.—Paragraph (1) of section
122(b) (42 U.S.C. 9622(b)) is amended to read as follows:
‘‘(1) MIXED FUNDING.—
‘‘(A) SETTLEMENTS.—Where an agree-
ment under this section requires parties to the
agreement to perform response actions at sites
on the National Priorities List the costs of
which will exceed the aggregate equitable shares
of response costs of the parties to the agree-
133
ment, the President shall reimburse such par-
ties from the Fund for such costs, in proportion
to their percentage equitable shares of response
costs, as determined under section 128, or as
agreed to by the parties and the President. If
such agreement was entered into before October
23, 1997, the President’s obligation to provide
reimbursement under this subparagraph shall
apply as provided in section 311 of the
Superfund Acceleration, Fairness, and Effi-
ciency Act.
‘‘(B) ADMINISTRATIVE
ORDERS.—Where
an administrative order under section 106 re-
quires parties receiving the order to perform re-
sponse actions at sites on the National Prior-
ities List the cost of which will exceed the ag-
gregate equitable shares of response costs of the
parties receiving the order, the President shall
reimburse such parties from the Fund for such
costs, in proportion to their percentage equi-
table shares or response costs, as determined
under section 128, or as agreed to by the par-
ties and the President. If such order was issued
before October 23, 1997, the President’s obliga-
tion to provide reimbursement under this sub-
134
paragraph shall apply as provided in section
311 of the Superfund Acceleration, Fairness,
and Efficiency Act.
‘‘(C) COST
RECOVERY.—In any case in
which the President provides funding under
subparagraph (A) or (B) (referred to in this
paragraph as ‘mixed funding’), the President
shall make all reasonable efforts to recover the
amount of such monies under section 107 or
under other relevant authorities from persons
who are liable for such costs under section
107(a) and are not parties to the settlement
agreement. The provision of mixed funding
shall not be contingent on the recovery by the
United States of response costs from such per-
sons.
‘‘(D) PAYMENT.—Mixed funding shall be
paid out during the course of the response ac-
tion, using reasonable progress payments at sig-
nificant milestones. A reimbursement payment
is subject to equitable offset or recoupment by
the Administrator at any time the party fails to
perform the work in a proper and timely man-
ner.
135
‘‘(E) SOURCE OF FUNDS.—Payments made
under this paragraph shall be paid from
amounts made available by section 111(a)(1). If
funds are unavailable in any fiscal year to pro-
vide all payments required under this para-
graph, the President may delay payment until
funds are available. Interest shall be paid on
unpaid balances at the rate equal to that of the
current average market yield on outstanding
marketable obligations of the United States
with a maturity of 1 year. Priority shall be
given based on timing of completion of the re-
sponse actions for which reimbursement is
sought. The President’s decisions regarding
availability and priority of funding in any fiscal
year shall not be subject to judicial review.’’.
(c) REVIEWABILITY.—Section 122(b) (42 U.S.C.
9622(b)) is amended—
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraph (4) as para-
graph (2).
(d) FINAL COVENANTS.—Section 122(f) is amended
as follows:
(1) By striking paragraph (1) and inserting the
following:
136
‘‘(1) FINAL COVENANTS.—The President shall
offer potentially responsible parties who enter into
settlement agreements that are in the public interest
a final covenant not to sue concerning any liability
to the United States under this Act, including a cov-
enant with respect to future liability, for response
actions or response costs addressed in the settle-
ment, if all of the following conditions are met:
‘‘(A) The settling party agrees to perform,
or there are other adequate assurances of the
performance of, a final remedial action author-
ized by the Administrator for the release or
threat of release that is the subject of the set-
tlement.
‘‘(B) The settlement agreement has been
reached prior to the commencement of litigation
against the settling party under section 106 or
107 of this Act with respect to this facility.
‘‘(C) The settling party waives all contribu-
tion rights against other potentially responsible
parties at the facility.
‘‘(D) The settling party pays a premium
that compensates for the risks of remedy fail-
ure; future liability resulting from unknown
conditions; and unanticipated increases in the
137
cost of any uncompleted response action, unless
the settling party is performing the response ac-
tion. The President shall have sole discretion to
determine the appropriate amount of any such
premium, and such determinations are commit-
ted to the President’s discretion. The President
has discretion to waive or reduce the premium
payment for persons who demonstrate an in-
ability to pay such a premium.
‘‘(E) The remedial action does not rely on
institutional controls to ensure continued pro-
tection of human health and the environment.
‘‘(F) The settlement is otherwise accept-
able to the United States.’’.
(2) In paragraph (2) by striking ‘‘remedial’’
each place it appears and inserting ‘‘response’’.
(3) By striking paragraph (3) and inserting the
following:
‘‘(3) DISCRETIONARY COVENANTS.—For settle-
ments under this Act for which covenants under
paragraph (1) are not available, the President may,
in his discretion, provide any person with a covenant
not to sue concerning any liability to the United
States under this Act, if the covenant not to sue is
in the public interest. Such covenants shall be sub-
138
ject to the requirements of paragraph (5). The
President may include any conditions in such cov-
enant not to sue, including the additional condition
referred to in paragraph (5). In determining whether
such conditions or covenants are in the public inter-
est, the President shall consider the nature and
scope of the commitment by the settling party under
the settlement, the effectiveness and reliability of the
response action, the nature of the risks remaining at
the facility, the strength of evidence, the likelihood
of cost recovery, the reliability of any response ac-
tion or actions to restore, replace, or acquire the
equivalent of injured natural resources, the extent to
which performance standards are included in the
order or decree, the extent to which the technology
used in the response action is demonstrated to be ef-
fective, and any other factors relevant to the protec-
tion of human health and the environment.’’.
(4) By striking paragraph (4) and redesignat-
ing paragraphs (5) and (6) as paragraphs (4) and
(5), respectively.
(5) In subparagraph (A) of paragraph (5) (as
so redesignated)—
(A) by striking ‘‘remedial’’ and inserting
‘‘response’’;
139
(B) by striking ‘‘paragraph (2)’’ in the
first sentence and inserting ‘‘paragraph (1) or
(2)’’;
(C) by striking ‘‘de minimis settlements’’
and inserting ‘‘de minimis and other expedited
settlements pursuant to subsection (g) of this
section’’; and
(D) by striking ‘‘the President certifies
under paragraph (3) that remedial action has
been completed at the facility concerned’’, and
inserting ‘‘that the response action that is the
subject of the settlement agreement is se-
lected’’.
(6) In subparagraph (B) of paragraph (5) (as
so redesignated)—
(A) by striking ‘‘In extraordinary cir-
cumstances, the’’ and inserting ‘‘The’’;
(B) by striking ‘‘those referred to in para-
graph (4) and’’;
(C) by striking ‘‘if other terms,’’ and in-
serting ‘‘, if the agreement containing the cov-
enant not to sue provides for payment of a pre-
mium to address possible remedy failure or any
releases that may result from unknown condi-
tions, and if other terms,’’; and
140
(D) by adding at the end the following:
‘‘The President may waive or reduce the pre-
mium payment for persons who demonstrate an
inability to pay such a premium.’’.
(e) EXPEDITED FINAL SETTLEMENTS.—Section 122
is further amended as follows:
(1) In subsection (g) by striking ‘‘(g)’’ and all
that follows through the period at the end of sub-
paragraph (A) of paragraph (1) and inserting the
following:
‘‘(g) EXPEDITED FINAL SETTLEMENT.—
‘‘(1) PARTIES ELIGIBLE FOR EXPEDITED SET-
TLEMENT.—The President shall, as promptly as pos-
sible, offer to reach a final administrative or judicial
settlement with potentially responsible parties who,
in the judgment of the President, meet one or more
of the following conditions for eligibility for an expe-
dited settlement:
‘‘(A) The potentially responsible party’s in-
dividual contribution to the release of hazard-
ous substances at the facility as an owner or
operator, arranger for disposal, or transporter
for disposal is de minimis. The contribution of
hazardous substance to a facility by a poten-
141
tially responsible party is de minimis if both of
the following conditions are met:
‘‘(i) The potentially responsible par-
ty’s volumetric contribution of materials
containing hazardous substances is mini-
mal in comparison to the total volumetric
contributions of materials containing haz-
ardous substances at the facility; such indi-
vidual contribution is presumed to be mini-
mal if it is one percent or less of the total
volumetric contribution at the facility, un-
less the Administrator identifies a different
threshold based on site-specific factors.
‘‘(ii) The potentially responsible par-
ty’s hazardous substances do not present
toxic or other hazardous effects that are
significantly greater than those of other
hazardous substances at the facility.’’.
(2) In subsection (g) by inserting after subpara-
graph (B) of paragraph (1) the following:
‘‘(C)(i) The potentially responsible party is
a natural person, a small business, or a munici-
pality and can demonstrate to the United
States an inability or limited ability to pay re-
sponse costs. A party who enters into a settle-
142
ment pursuant to this subparagraph shall be
deemed to have resolved its liability under this
Act to the United States for all matters ad-
dressed in the settlement.
‘‘(ii) For purposes of this subparagraph,
the following provisions apply:
‘‘(I) In the case of a small business,
the President shall take into consideration
the ability to pay of the business, if re-
quested by the business. The term ‘ability
to pay’ means the President’s reasonable
expectation of the ability of the small busi-
ness to pay its total settlement amount
and still maintain its basic business oper-
ations. Such consideration shall include the
business’s overall financial condition and
demonstrable constraints on its ability to
raise revenues.
‘‘(II) Any business requesting such
consideration shall promptly provide the
President with all relevant information
needed to determine the business’s ability
to pay.
‘‘(III) If the President determines
that a small business is unable to pay its
143
total settlement amount immediately, the
President shall consider alternative pay-
ment methods as may be necessary or ap-
propriate. The methods to be considered
may include installment payments to be
paid during a period of not to exceed 10
years and the provision of in-kind services.
‘‘(iii) Any municipality which is a poten-
tially responsible party may submit for consid-
eration by the President an evaluation of the
potential impact of the settlement on essential
services that the municipality must provide, and
the feasibility of making delayed payments or
payments over time. If a municipality asserts
that it has additional environmental obligations
besides its potential liability under this Act,
then the municipality may create a list of the
obligations, including an estimate of the costs
of complying with such obligations.
‘‘(iv) Any municipality which is a poten-
tially responsible party may establish an inabil-
ity to pay through an affirmative showing that
such payment of its liability under this Act
would either—
144
‘‘(I) create a substantial demonstrable
risk that the municipality would default on
existing debt obligations, be forced into
bankruptcy, be forced to dissolve, or be
forced to make budgetary cutbacks that
would substantially reduce current levels of
protection of public health and safety; or
‘‘(II) necessitate a violation of legal
requirements or limitations of general ap-
plicability concerning the assumption and
maintenance of fiscal municipal obliga-
tions.
‘‘(v) This subparagraph does not limit or
affect the President’s authority to evaluate any
person’s ability to pay or to enter into settle-
ments with any person based on that person’s
inability to pay.’’.
(3) By striking paragraphs (2) and (3) of sub-
section (g) and inserting the following:
‘‘(2) BASIS OF DETERMINATION.—Any person
who enters into a settlement pursuant to this sub-
section shall provide any information requested by
the President or by an allocator in accordance with
section 128(l)(1) or section 104(e). The determina-
tion of whether a person is eligible for an expedited
145
settlement shall be made on the basis of all informa-
tion available to the President at the time the deter-
mination is made. The President’s determination as
to the eligibility of a party that is not a department,
agency, or instrumentality of the United States for
settlement pursuant to this section shall not be sub-
ject to judicial review. If the President determines
that a party is not eligible for a settlement pursuant
to this section, the President shall explain the basis
for that determination in writing to any person who
requests such a settlement.
‘‘(3) ADDITIONAL FACTORS RELEVANT TO SET-
TLEMENTS
WITH
MUNICIPALITIES.—In any settle-
ment with a municipality pursuant to this Act, the
President may take additional equitable factors into
account in determining an appropriate settlement
amount, including the limited resources available to
that party, and any in-kind services that the party
may provide to support the response action at the
facility. In considering the value of in-kind services,
the President shall consider the fair market value of
those services.’’.
(4) In subsection (g)(4) by striking ‘‘$500,000’’
and inserting ‘‘$2,000,000’’.
146
(5) By striking paragraph (5) of subsection (g)
and inserting the following:
‘‘(5) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) MUNICIPALITY.—The term ‘munici-
pality’ means a political subdivision of a State,
including a city, county, village, town, township,
borough, parish, school district, sanitation dis-
trict, water district, or other public entity per-
forming local governmental functions. The term
also includes a natural person acting in the ca-
pacity of an official, employee, or agent of any
entity referred to in the preceding sentence in
the performance of governmental functions.
‘‘(B) SMALL BUSINESS.—The term ‘small
business’ refers to any business entity that em-
ploys no more than 100 individuals and is a
‘small business concern’ as defined under the
Small Business Act (15 U.S.C. 631 et seq.).’’.
(6) In subsection (h)—
(A) by striking the subsection heading and
inserting the following: ‘‘AUTHORITY TO SET-
TLE CLAIMS
FOR FINES, CIVIL PENALTIES,
PUNITIVE DAMAGES, AND COST RECOVERY.—
’’;
147
(B) by striking ‘‘costs incurred’’ in the
first sentence of paragraph (1) and inserting
‘‘past and future costs incurred or that may be
incurred’’:
(C) by inserting after ‘‘if the claim has not
been referred to the Department of Justice for
further action.’’ in the first sentence of para-
graph (1) the following: ‘‘The head of any de-
partment or agency with the authority to seek
fines, civil penalties, or punitive damages under
this Act may consider, compromise, and settle
claims for any such fines, civil penalties, or pu-
nitive damages which may otherwise be assessed
in civil administrative or judicial proceedings if
the claim has not been referred to the Depart-
ment of Justice for further action. If the total
claim for response costs, fines, civil penalties, or
punitive damages exceeds $3,000,000, such
claim may be compromised and settled only
with the prior written approval of the Attorney
General.’’;
(D) by striking ‘‘$500,000 (excluding in-
terest), any claim referred to in the preceding
sentence’’ in the second sentence of paragraph
(1) and inserting ‘‘$2,000,000 (excluding inter-
148
est), any claim for response costs referred to in
this subsection’’; and
(E) by striking paragraph (4).
SEC. 309. CLARIFICATION OF LIABILITY FOR RECYCLING
TRANSACTIONS.
Title I (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following:
‘‘SEC. 127. RECYCLING TRANSACTIONS.
‘‘(a) LIABILITY CLARIFICATION.—As provided in
subsections (b), (c), (d), (e), and (f), a person who ar-
ranged for the recycling of recyclable material or trans-
ported such material shall not be liable under sections
107(a)(1)(C) and 107(a)(1)(D) with respect to a facility
on the National Priorities List.
‘‘(b) RECYCLABLE MATERIAL DEFINED.—For pur-
poses of this section, the term ‘recyclable material’
means—
‘‘(1) scrap paper, plastic, glass, textiles, rubber
(other than whole tires), and metal, as well as minor
amounts of material incident to or adhering to the
scrap material as a result of its normal and cus-
tomary use prior to becoming scrap;
‘‘(2) spent lead-acid, spent nickel-cadmium, and
other spent batteries; and
‘‘(3) used oil.
149
‘‘(c) TRANSACTIONS
INVOLVING
SCRAP
PAPER,
PLASTIC, GLASS, TEXTILES, OR RUBBER.—
‘‘(1) IN
GENERAL.—Transactions involving
scrap paper, scrap plastic, scrap glass, scrap textiles,
or scrap rubber (other than whole tires) shall be
deemed to be arranging for recycling if the person
who arranged for the transaction (by selling recycla-
ble material or otherwise arranging for the recycling
of recyclable material) can demonstrate by a prepon-
derance of the evidence that all of the following cri-
teria were met at the time of the transaction:
‘‘(A) The recyclable material met a com-
mercial specification grade.
‘‘(B) A market existed for the recyclable
material.
‘‘(C) A substantial portion of the recyclable
material was made available for use as a feed-
stock for the manufacture of a new saleable
product.
‘‘(D) The recyclable material could have
been a replacement or substitute for a virgin
raw material, or the product to be made from
the recyclable material could have been a re-
placement or substitute for a product made, in
whole or in part, from a virgin raw material.
150
‘‘(E) For transactions occurring on or
after the 90th day following the date of the en-
actment of this section, the person exercised
reasonable care to determine that the facility
where the recyclable material would be handled,
processed, reclaimed, or otherwise managed by
another person (hereinafter in this section re-
ferred to as a ‘consuming facility’) was in com-
pliance with substantive (not procedural or ad-
ministrative) provisions of any Federal, State,
or local environmental law or regulation, or
compliance order or decree issued pursuant
thereto, applicable to the handling, processing,
reclamation, storage, or other management ac-
tivities associated with the recyclable material.
‘‘(2) REASONABLE CARE.—For purposes of this
subsection, ‘reasonable care’ shall be determined
using criteria that include—
‘‘(A) the price paid in the recycling trans-
action;
‘‘(B) the ability of the person to detect the
nature of the consuming facility’s operations
concerning its handling, processing, reclama-
tion, or other management activities associated
with the recyclable material; and
151
‘‘(C) the result of inquiries made to the ap-
propriate Federal, State, or local environmental
agency (or agencies) regarding the consuming
facility’s past and current compliance with sub-
stantive (not procedural or administrative) pro-
visions of any Federal, State, or local environ-
mental law or regulation, or compliance order
or decree issued pursuant thereto, applicable to
the handling, processing, reclamation, storage,
or other management activities associated with
the recyclable material.
‘‘(3) TREATMENT OF CERTAIN REQUIREMENTS
AS SUBSTANTIVE PROVISIONS.—For purposes of this
subsection, a requirement to obtain a permit applica-
ble to the handling, processing, reclamation, or other
management activities associated with the recyclable
materials shall be deemed to be a substantive provi-
sion.
‘‘(d) TRANSACTIONS INVOLVING SCRAP METAL.—
‘‘(1) IN
GENERAL.—Transactions involving
scrap metal shall be deemed to be arranging for re-
cycling if the person who arranged for the trans-
action (by selling recyclable material or otherwise ar-
ranging for the recycling of recyclable material) can
152
demonstrate by a preponderance of the evidence that
at the time of the transaction—
‘‘(A) the person met the criteria set forth
in subsection (c) with respect to the scrap
metal;
‘‘(B) the person was in compliance with
any applicable regulations or standards regard-
ing the storage, transport, management, or
other activities associated with the recycling of
scrap metal that the Administrator issues under
the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) after the date of the enactment of this
section and with regard to transactions occur-
ring after the effective date of such regulations
or standards; and
‘‘(C) the person did not melt the scrap
metal prior to the transaction.
‘‘(2) MELTING
OF
SCRAP
METAL.—For pur-
poses of paragraph (1)(C), melting of scrap metal
does not include the thermal separation of 2 or more
materials due to differences in their melting points
(referred to as ‘sweating’).
‘‘(3) SCRAP
METAL
DEFINED.—In this sub-
section, the term ‘scrap metal’ means bits and pieces
of metal parts (such as bars, turnings, rods, sheets,
153
and wire) or metal pieces that may be combined to-
gether with bolts or soldering (such as radiators,
scrap automobiles, and railroad box cars) which
when worn or superfluous can be recycled, except for
scrap metals that the Administrator excludes from
this definition by regulation and shipping containers
of a capacity from 30 liters to and including 3,000
liters, whether intact or not, having any hazardous
substances (but not metal bits or pieces) contained
in or adhering thereto.
‘‘(e) TRANSACTIONS INVOLVING BATTERIES.—
‘‘(1) IN
GENERAL.—Transactions involving
spent lead-acid batteries, spent nickel-cadmium bat-
teries, or other spent batteries shall be deemed to be
arranging for recycling if the person who arranged
for the transaction (by selling recyclable material or
otherwise arranging for the recycling of recyclable
material) can demonstrate by a preponderance of the
evidence that at the time of the transaction—
‘‘(A) the person met the criteria set forth
in subsection (c) with respect to the spent lead-
acid batteries, spent nickel-cadmium batteries,
or other spent batteries but did not recover the
valuable components of such batteries; and
154
‘‘(B)(i) with respect to transactions involv-
ing lead-acid batteries, the person was in com-
pliance with applicable Federal environmental
regulations or standards, and any amendments
thereto, regarding the storage, transport, man-
agement, or other activities associated with the
recycling of spent lead-acid batteries;
‘‘(ii) with respect to transactions involving
nickel-cadmium 
batteries, 
Federal 
environ-
mental regulations or standards are in effect re-
garding the storage, transport, management, or
other activities associated with the recycling of
spent nickel-cadmium batteries, and the person
was in compliance with applicable regulations or
standards or any amendments thereto; or
‘‘(iii) with respect to transactions involving
other spent batteries, Federal environmental
regulations or standards are in effect regarding
the storage, transport, management, or other
activities associated with the recycling of such
batteries, and the person was in compliance
with applicable regulations or standards or any
amendments thereto.
‘‘(2) RECOVERY OF VALUABLE BATTERY COM-
PONENTS.—For purposes of paragraph (1)(A), a
155
person who, by contract, arranges or pays for proc-
essing of batteries by an unrelated third person and
receives from such third person materials reclaimed
from such batteries shall not thereby be deemed to
recover the valuable components of such batteries.
‘‘(f) TRANSACTIONS INVOLVING USED OIL.—
‘‘(1) IN
GENERAL.—Transactions involving
used oil shall be deemed to be arranging for recy-
cling if the person who arranged for the transaction
(by selling recyclable material or otherwise arranging
for the recycling of recyclable material) can dem-
onstrate by a preponderance of the evidence that at
the time of the transaction—
‘‘(A) the recyclable material was sent to a
facility that recycled used oil by using it as feed
stock for the manufacture of a new saleable
product;
‘‘(B) the recyclable material was not mixed
with any material that is a hazardous waste
under section 3001 of the Solid Waste Disposal
Act (42 U.S.C. 6921), regardless of when gen-
erated;
‘‘(C) the person met the criteria specified
in subparagraphs (D) and (E) of subsection
156
(c)(1), as modified by paragraphs (2) and (3)
of subsection (c), with respect to used oil;
‘‘(D) the person was in compliance with
any regulations or standards for the manage-
ment of used oil promulgated under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.)
that were in effect on the date of the trans-
action; and
‘‘(E) the transaction was not for the pur-
pose of recycling used oil by using it for dust
suppression.
‘‘(2) USED OIL DEFINED.—In this subsection,
the term ‘used oil’ means any oil that has been re-
fined from crude oil, or any synthetic oil, that has
been used or stored. Such term does not include any
oil that is subject to regulation under section
6(e)(1)(A) of the Toxic Substances Control Act (15
U.S.C. 2605(e)(1)(A)), relating to regulations pre-
scribing methods for disposal of polychlorinated
biphenyls.
‘‘(g) EXCLUSIONS.—
‘‘(1) IN GENERAL.—The exemptions set forth in
subsections (c), (d), (e), and (f) shall not apply if—
157
‘‘(A) the person had an objectively reason-
able basis to believe at the time of the recycling
transaction that—
‘‘(i) the recyclable material would not
be recycled;
‘‘(ii) in the case of recyclable mate-
rials other than used oil, the recyclable ma-
terial would be burned as fuel or for en-
ergy recovery or incineration; or
‘‘(iii) for transactions occurring on or
before the 90th day following the date of
the enactment of this section, the consum-
ing facility was not in compliance with a
substantive (not a procedural or adminis-
trative) provision of any Federal, State, or
local environmental law or regulation, or
compliance order or decree issued pursuant
thereto, applicable to the handling, proc-
essing, reclamation, or other management
activities associated with the recyclable
material;
‘‘(B) the person had reason to believe that
hazardous substances had been added to the re-
cyclable material for purposes other than proc-
essing for recycling;
158
‘‘(C) the person failed to exercise reason-
able care with respect to the management and
handling of the recyclable material (including
adhering to customary industry practices cur-
rent at the time of the recycling transaction de-
signed to minimize, through source control, con-
tamination of the recyclable material by hazard-
ous substances); or
‘‘(D) the recyclable material—
‘‘(i) 
contained 
polychlorinated
biphenyls at a concentration in excess of
the threshold for regulation under section
6(e)(1)(A) of the Toxic Substances Control
Act (15 U.S.C. 2605(e)(1)(A)), relating to
regulations prescribing methods for dis-
posal of polychlorinated biphenyls, as in ef-
fect on the date of the transaction; or
‘‘(ii) contained at the time of the recy-
cling transaction a concentration of a solid
waste that has been determined by the Ad-
ministrator, after notice and comment, to
be inherently waste-like pursuant to sec-
tion 261.2(d) of title 40, Code of Federal
Regulations.
159
‘‘(2) OBJECTIVELY
REASONABLE
BASIS.—For
purposes of paragraph (1)(A), an objectively reason-
able basis for belief shall be determined using cri-
teria that include the size of the person’s business,
customary industry practices (including customary
industry practices current at the time of the recy-
cling transaction designed to minimize, through
source control, contamination of the recyclable mate-
rial by hazardous substances), the price paid in the
recycling transaction, and the ability of the person
to detect the nature of the consuming facility’s oper-
ations concerning its handling, processing, reclama-
tion, or other management activities associated with
the recyclable material.
‘‘(3) TREATMENT OF CERTAIN REQUIREMENTS
AS SUBSTANTIVE PROVISIONS.—For purposes of this
subsection, a requirement to obtain a permit applica-
ble to the handling, processing, reclamation, or other
management activities associated with recyclable ma-
terial shall be deemed to be a substantive provision.
‘‘(h) EFFECT
ON OTHER LIABILITY.—Nothing in
this section shall be deemed to affect the liability of a per-
son under subparagraph (A) or (B) of section 107(a)(1).
‘‘(i) RELATIONSHIP TO LIABILITY UNDER OTHER
LAWS.—Nothing in this section shall affect—
160
‘‘(1) liability under any other Federal, State, or
local statute or regulation promulgated pursuant to
any such statute, including any requirements pro-
mulgated by the Administrator under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.); or
‘‘(2) the ability of the Administrator to promul-
gate regulations under any other statute, including
the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
‘‘(j) ALLOCATIONS.—Any person relieved from liabil-
ity for recycling transactions under this section at a facil-
ity on the National Priorities List shall be deemed an ex-
empt party for purposes of section 128(n)(4).’’.
SEC. 310. ALLOCATION.
Title I is amended by adding at the end the following
new section:
‘‘SEC. 128. ALLOCATION.
‘‘(a) RESPONSE ACTIONS SUBJECT
TO ALLOCA-
TION.—
‘‘(1) RESPONSE ACTIONS NOT SUBJECT TO A
SETTLEMENT
OR
ORDER.—Upon request of 2 or
more potentially responsible parties at a facility or
vessel on the National Priorities List, the President
shall initiate an allocation under this section for a
response action at the facility or vessel if—
161
‘‘(A) the performance of such response ac-
tion is not the subject of a consent decree en-
tered before October 23, 1997, or an adminis-
trative order issued before October 23, 1997;
and
‘‘(B) the aggregate costs of all response
actions at the facility or vessel are estimated by
the President to exceed $5,000,000.
‘‘(2) RESPONSE ACTIONS SUBJECT TO SETTLE-
MENT OR ORDER.—Upon request of 2 or more po-
tentially responsible parties at a facility or vessel on
the National Priorities List, the President shall initi-
ate an allocation under this section for response ac-
tions that are undergoing construction pursuant to
a consent decree entered before October 23, 1997, or
an administrative order issued before October 23,
1997, if such allocation is provided for under section
311(d) of the Superfund Acceleration, Fairness, and
Efficiency Act.
‘‘(b) EXCLUDED FACILITIES.—The allocation process
under this section shall not apply to any facility or vessel
owned or operated by the United States and any facility
or vessel—
‘‘(1) for which there is only one potentially re-
sponsible party; or
162
‘‘(2) for which there has been a final settle-
ment, decree, or order that determines the allocated
shares of all potentially responsible parties with re-
spect to such response costs.
‘‘(c) INITIATION
OF ALLOCATION.—The President
shall initiate the allocation process under this section by
identifying all potentially responsible parties at the facility
or vessel, notifying them that response costs at the facility
or vessel shall be subject to an allocation, and informing
them of their rights and obligations under this section.
‘‘(d) EARLY OFFER OF SETTLEMENT.—As soon as
practicable and prior to the selection of an allocator, the
President shall provide an estimate of the aggregate Fund
share in accordance with subsection (n)(4). The President
shall offer to provide mixed funding to settling parties on
the basis of this estimate.
‘‘(e) REPRESENTATION OF THE UNITED STATES AND
AFFECTED STATES.—The Administrator or the Attorney
General, as a representative of the Fund, and a represent-
ative of any State that is or may be responsible pursuant
to section 104(c)(3) for any costs of a response action that
is the subject of an allocation shall be entitled to partici-
pate in the allocation proceeding to the same extent as
any allocation party.
163
‘‘(f) SCOPE
OF
ALLOCATIONS.—Each allocation
under this section shall apply to the costs of all response
actions at a facility unless, the allocator determines, in
the allocator’s sole discretion, that it should apply only
to one or more of such response actions at the facility.
‘‘(g) MORATORIUM ON LITIGATION.—
‘‘(1) MORATORIUM ON LITIGATION.—No person
may commence any civil action or assert any claim
under this Act seeking recovery of any response
costs, or contribution toward such costs, in connec-
tion with any response action for which the Presi-
dent has initiated an allocation under this section,
until 150 days after issuance of the allocator’s re-
port or of a second or subsequent report under this
section.
‘‘(2) STAY.—If any action or claim referred to
in paragraph (1) is pending on the date of enact-
ment of this section or on the date of initiation of
an allocation, such action or claim (including any
pendant claim under State law over which a court is
exercising jurisdiction) shall be stayed until 150
days after the issuance of the allocator’s report or
of a second or subsequent report under this section,
unless the court determines that a stay will result in
manifest injustice.
164
‘‘(3) TOLLING OF LIMITATIONS PERIOD.—Any
applicable limitations period with respect to actions
subject to paragraph (1) shall be tolled from the ear-
lier of—
‘‘(A) the date of listing of the facility on
the National Priorities List, where such listing
occurs after the date of enactment of this sec-
tion; or
‘‘(B) the commencement of the allocation
process pursuant to this section, until 180 days
after rejects or waives its right to reject the
allocator’s report.
‘‘(h) EFFECT ON PRINCIPLES OF LIABILITY.—The
allocation process under this section shall not be construed
to modify or affect in any way the principles of liability
under this title as determined by the courts of the United
States.
‘‘(i) SELECTION OF ALLOCATOR.—
‘‘(1) IN
GENERAL.—The person selected to
serve as allocator in an allocation process shall be a
neutral third party who is not an employee of any
potentially responsible party at the facility or of the
United States. The allocator shall be selected by the
potentially responsible parties or by the President in
accordance with this subsection.
165
‘‘(2) LIST
OF
ALLOCATORS.—The President
shall prepare, publish, and periodically revise a list
of neutral allocators who the President determines
are qualified to perform allocations under this sec-
tion.
‘‘(3) SELECTION BY PARTIES.—The potentially
responsible parties shall select an allocator and no-
tify the President of such selection. If the allocator
is not on the list published by the President, the
President may reject such selection.
‘‘(4) SELECTION BY THE PRESIDENT.—If an al-
locator is not selected as provided in paragraph (3)
within 60 days after the date on which the President
receives a request to initiate an allocation process,
the President shall promptly select a person to serve
as allocator. The President’s act of selecting an allo-
cator shall not be subject to judicial review.
‘‘(j) RETENTION OF ALLOCATOR.—Upon selection of
an allocator, the President shall promptly—
‘‘(1) enter into a contract with the allocator to
provide allocation services in accordance with this
section for reasonable compensation, in a manner
that does not restrict the allocator’s discretion to
conduct the allocation process in a fair, efficient,
and impartial manner;
166
‘‘(2) notify all potentially responsible parties at
the facility that the allocator has been retained, and
make available to them, within 30 days of the reten-
tion of the allocator, all responses to information re-
quests, as well as all other relevant information re-
lating to the facility, including the information speci-
fied in section 122(e)(1); and
‘‘(3) provide to the allocator all information ob-
tained under section 104(e), including information
entitled to protection under section 1905 of title 18,
United States Code, or exempt from disclosure pur-
suant to section 552(a) of title 5, United States
Code.
‘‘(k) ALLOCATION LIST.—The President shall pro-
vide the allocator with a list of potentially responsible par-
ties, at the facility, to be known as the allocation list. To
the extent practicable, the President shall identify—
‘‘(1) exempt parties (parties who are exempt
from liability);
‘‘(2) settlement parties (parties who have set-
tled all their liability with respect to the site and
have contribution protection for all response costs);
‘‘(3) nonviable parties (parties that are bank-
rupt, insolvent, or defunct); and
167
‘‘(4) allocation parties (all other parties identi-
fied on the list).
‘‘(l) AUTHORITIES OF ALLOCATOR.—
‘‘(1) INFORMATION GATHERING.—
‘‘(A) IN GENERAL.—To gather such infor-
mation as is necessary to conduct a fair, effi-
cient and impartial allocation, an allocator is
authorized to exercise the information-gathering
authority conferred upon the President under
sections 122(e)(3)(B) and 104(e)(2). The allo-
cator may also request the Administrator to ex-
ercise any information gathering authority
under this Act, and may request the Attorney
General to enforce any information request or
subpoena issued by the allocator. A party from
whom information is sought under this section
shall not assert any privilege as a basis for
withholding any information from the allocator.
Notwithstanding any other provision of law, the
allocator shall not be considered an agency of
the United States Government subject to the
requirements of section 552 of title 5, United
States Code.
‘‘(B) SUMMARY.—Each information re-
quest issued by the allocator shall be accom-
168
panied by a summary that explains (i) the obli-
gation of the person to provide a full and timely
response to the request, (ii) each of the ele-
ments of the required certification, and (iii) the
defenses to liability under the statute.
‘‘(C) DOCUMENT REPOSITORY.—The allo-
cator shall establish and maintain a document
repository containing copies of all documents
and information provided by the President or
any allocation party pursuant to this section or
generated by the allocator during the allocation.
The documents and information in the docu-
ment repository shall be available only to the al-
location parties for review and copying at their
own expense, subject to the confidentiality pro-
visions of subsection (r).
‘‘(2) AMENDMENT OF ALLOCATION LIST.—
‘‘(A) IN GENERAL.—Based on the informa-
tion obtained or developed by the allocator, the
allocator, after consultation with the President,
may amend the list of potentially responsible
parties for the facility provided by the President
to add, delete, or change the status of such par-
ties.
170
person, and shall not be subject to judicial re-
view.
‘‘(m) EXPEDITED
SETTLEMENTS.—The allocator
shall notify the President of any allocation party who the
allocator has determined is eligible for an expedited settle-
ment under section 122(g). The President shall offer an
expedited settlement to such party within 120 days of the
date of the notice, unless the President determines such
party is not eligible for an expedited settlement. If the
President does not make the determination before the last
day of the 120-day period and does not offer the party
an expedited settlement within that period, the party shall
have no further liability under this Act and shall be treat-
ed as an exempt party for the purposes of this section.
‘‘(n) ALLOCATION DETERMINATION.—
‘‘(1) ALLOCATION
PROCESS.—The allocator
shall determine the equitable share of response costs
of each potentially responsible party at the facility
and the Fund, based on the factors and consider-
ations in paragraph (3).
‘‘(2) CONDUCT OF ALLOCATION PROCESS.—The
allocator shall conduct the allocation process and
render a decision based solely on the provisions of
this section. Each allocation party, including the
representative of the Fund, shall be afforded an op-
171
portunity to be heard (orally or in writing, or both),
and an opportunity to comment on a draft allocation
report.
‘‘(3) EQUITABLE FACTORS FOR ALLOCATION.—
In determining the equitable share of response costs
attributable to each potentially responsible party, the
allocator shall consider the following:
‘‘(A) The amount of hazardous substances
contributed by each allocation party.
‘‘(B) The degree of toxicity of the hazard-
ous substances contributed by each allocation
party.
‘‘(C) The mobility of the hazardous sub-
stances contributed by each allocation party.
‘‘(D) The degree of involvement of each al-
location party in the generation, transportation,
treatment, storage, disposal, or release of the
hazardous substances.
‘‘(E) The degree of care exercised by each
allocation party with respect to the hazardous
substances, taking into account the characteris-
tics of the hazardous substances.
‘‘(F) The degree to which the allocation
party caused, contributed to, or consented to
172
the release or threat of release of hazardous
substances at the facility.
‘‘(G) The cooperation of each allocation
party in the performance of any response ac-
tion, in the provision of complete and timely in-
formation to the allocator and the President,
and in the orderly conduct of the allocation
process.
‘‘(H) Such other equitable factors as the
allocator determines are appropriate based on
site-specific circumstances.
‘‘(4) FUND SHARE.—For each response action
that is the subject of an allocation under this sec-
tion, the allocator shall determine, based on the fac-
tors in paragraph (3), the share of response costs,
if any, to be allocated to the Fund. Such amount
shall be used to determine the amount of mixed
funding provided under section 122(b). The Fund
share shall consist of the sum of following amounts:
‘‘(A) The amount attributable to the ag-
gregate share of response costs that the allo-
cator determines to be attributable to nonviable
parties who are not affiliated with any alloca-
tion party.
173
‘‘(B) The amount attributable to the dif-
ference in the aggregate share of response costs
that the allocator determines to be attributable
to settlement parties who have resolved their li-
ability to the United States for the response
and the amount actually assumed by those par-
ties in any settlement for the response action
with the United States. Except where such set-
tlements include a consideration of ability to
pay, the allocator may presume that the
amount accepted by the United States in a set-
tlement is that party’s equitable share.
‘‘(C) The amount attributable to the ag-
gregate share of response costs that the allo-
cator determines to be attributable to persons
who are entitled to an exemption from liability
under subsection (n) or (o) of section 107 or
section 127.
‘‘(5) UNATTRIBUTABLE SHARE.—The share at-
tributable to the aggregate share of response costs
incurred to respond to materials containing hazard-
ous substances for which no generator, transporter,
or owner or operator at the time of disposal can be
identified shall be divided pro rata among the alloca-
174
tion parties and the Fund share determined under
paragraph (4).
‘‘(o) EXPEDITED ALLOCATION.—At the request of
the allocation parties or the United States, to assist in
reaching settlement, the allocator may, prior to reaching
a final allocation of response costs among all parties, first
provide an estimate of the aggregate Fund share, in ac-
cordance with subsection (n)(4), and an estimate of the
aggregate share of the allocation parties.
‘‘(p) ALLOCATION REPORT.—Unless all allocation
parties settle their liability prior to the completion of the
allocation process, the allocator shall issue an allocation
report identifying the share of response costs attributable
to each potentially responsible party at the facility, indi-
vidually and by category of party, and the share of re-
sponse costs to be paid by the Fund, in accordance with
subsection (n)(4).
‘‘(q) SETTLEMENT BEFORE ALLOCATION DETER-
MINATION.—
‘‘(1) SETTLEMENT OF ALL RESPONSE COSTS.—
At any time before the issuance of an allocation re-
port or of a second or subsequent report, any group
of allocation parties may submit to the allocator a
private allocation for any response action that is
within the scope of the allocation. If such private al-
175
location meets each of the following criteria, the allo-
cator shall promptly adopt it as the allocation re-
port:
‘‘(A) The private allocation is a binding al-
location of 100 percent of the past, present,
and future costs of the response action.
‘‘(B) The private allocation does not allo-
cate any share to any person who is not a sig-
natory to the private allocation.
‘‘(C) The signatories to the private alloca-
tion waive their rights to seek recovery of re-
sponse costs or contribution under this Act with
respect to the response action from any other
party at the facility.
‘‘(2) OTHER
SETTLEMENTS.—The President
may use the authority under section 122(g) to enter
into settlement agreements with respect to any re-
sponse action that is the subject of an allocation at
any time. Any allocation party that enters into such
a settlement agreement shall be a settlement party
for the purposes of this section and shall no longer
be an allocation party.
‘‘(r) CONFIDENTIALITY.—Except to the extent that
such documents, materials, or records of information are
also contained in the administrative record established
176
pursuant to section 113(k), all documents and materials
submitted to the allocator or placed in the document re-
pository established under subsection (l)(1), together with
the record of any information generated or obtained by
the allocator during the allocation process, shall be con-
fidential, as follows:
‘‘(1) NO DISCLOSURE UNDER SECTION 552 OF
TITLE 5.—Notwithstanding any other provision of
law, such documents, materials, or records shall not
be subject to disclosure to any person under section
552 of title 5, United States Code.
‘‘(2) PROHIBITION
ON
USE
IN
OTHER
MAT-
TERS.—The allocator, each allocation party, the Ad-
ministrator, and the Attorney General may not use
such documents, materials, or records in any other
matter or proceeding or for any other purpose other
than the allocation process itself, and such docu-
ments, materials, or records shall not be discoverable
or admissible in any other matter or proceeding or
for any purpose other than the allocation process it-
self, except—
‘‘(A) a new allocation for the same re-
sponse action;
177
‘‘(B) an initial allocation pursuant to this
section for a different response action at the
same facility;
‘‘(C) a penalty proceeding for noncompli-
ance with an information request or subpoena
for the purpose of establishing the fact of the
violation;
‘‘(D) a judicial proceeding for the purpose
of approving a settlement; or
‘‘(E) as may be required by court order.
‘‘(3) REQUIREMENT
TO
ENSURE
CONFIDEN-
TIALITY.—The allocator and all parties to the alloca-
tion shall take such measures as are necessary to en-
sure that the confidentiality provisions of this para-
graph are maintained.
‘‘(4) DISCOVERABILITY AND ADMISSIBILITY.—
If the original of any document or material submit-
ted to the allocator or placed in the document repos-
itory was, in the hands of the party that provided
it, otherwise discoverable or admissible, then such
original document, if subsequently sought from such
party, shall remain so. If a fact generated or ob-
tained during the allocation was, in the hands of a
witness, otherwise discoverable or admissible, then
178
such testimony, if subsequently sought from such
other party, shall remain so.
‘‘(5) NO WAIVER OF PRIVILEGE.—The submis-
sion of testimony, documents, or information pursu-
ant to the allocation process shall not constitute a
waiver of any privilege applicable to the testimony,
documents, or information under any Federal or
State law or rule of discovery or evidence.
‘‘(s) REJECTION OF ALLOCATION REPORT.—
‘‘(1) WRITTEN DETERMINATION.—The Admin-
istrator and the Attorney General may jointly reject
an allocator’s report only if they jointly publish in
the Federal Register, within 150 days after receipt
of the report, a written determination that—
‘‘(A) no rational interpretation of the facts
before the allocator, in light of the factors re-
quired to be considered, would form a reason-
able basis for the shares assigned to the parties;
or
‘‘(B) the allocation process was affected by
bias, substantial procedural error, fraud, or un-
lawful conduct.
‘‘(2) WAIVER OF RIGHT TO REJECT ALLOCA-
TION REPORT.—The Administrator and the Attorney
General shall waive the right to reject the allocation
179
report and such report shall be deemed to be the
basis for allocating response costs, including costs to
be paid by the Fund—
‘‘(A) after the 150th day following its issu-
ance, if no written determination under para-
graph (1) has been published;
‘‘(B) after the United States has accepted
a settlement offer based on the allocation; or
‘‘(C) after the Administrator provides writ-
ten notice to any allocation party that the Unit-
ed States accepts the allocation report as the
basis for allocating shares of responsibility for
a response action.
‘‘(3) JUDICIAL REVIEW.—The determinations of
the Administrator and the Attorney General under
this subsection shall not be subject to judicial re-
view.
‘‘(t) SECOND AND SUBSEQUENT ALLOCATIONS.—If
the United States rejects an allocator’s report in accord-
ance with subsection (s), the allocation parties shall select
an allocator pursuant to this subsection to perform, on
an expedited basis, a new allocation based on the same
record available to the previous allocator, unless the Unit-
ed States rejection of the previous allocation was based
in whole or in significant part on deficiencies in the record.
180
The moratorium and stay periods provided in subsection
(f) shall be extended until 150 days after issuance of the
new allocation report, and the tolling period provided in
subsection (f) shall be extended until 180 days after the
President rejects or waive his right to object to the second
or subsequent allocation report. The allocation parties
may select an allocator that performed one or more pre-
vious allocations at the same facility, unless the United
States rejection of the previous allocation was based, in
whole or in part, on bias, fraud, or unlawful conduct by
the allocator.
‘‘(u) SETTLEMENTS BASED ON ALLOCATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) Subject to subparagraph (B), the
President shall accept an offer of settlement of
liability for a response action that is the subject
of an allocation if—
‘‘(i) the offer is made within 90 days
after issuance of the allocator’s report; and
‘‘(ii) the offer is based on the share of
response costs specified by the allocator
and contains the terms and conditions set
forth in paragraph (2) and such other
terms and conditions (other than the allo-
181
cated share of response costs) as are ac-
ceptable to the President.
‘‘(B) The requirement of subparagraph (A)
to accept an offer of settlement shall not apply
if the Administrator and the Attorney General
reject the allocation report pursuant to sub-
section (s).
‘‘(2) SETTLEMENT PROVISIONS.—The President
may enter into a settlement with respect to a re-
sponse action that is the subject of an allocation in
accordance with this section. Each settlement shall
include the following provisions:
‘‘(A) Protection from claims for contribu-
tion in accordance with section 113(f)(2).
‘‘(B) Provisions through which each set-
tling party shall receive mixed funding in ac-
cordance with section 122(b)(1).
‘‘(C) Covenants not to sue, consistent with
section 122(f).
‘‘(v) ADMINISTRATIVE
ORDERS.—Any allocation
party who, following the completion of the allocation, is
issued an order under section 106 with respect to the re-
sponse action that is the subject of the allocation, who
complies with such order, and who incurs costs in excess
of the person’s allocated percentage share of response
182
costs, shall receive mixed funding as provided in section
122(b)(1) in the amount of such excess.
‘‘(w) POST-SETTLEMENT
LITIGATION.—Following
expiration of the moratorium periods under subsection (e),
the United States may commence an action under this Act
against any allocation party that has not resolved its liabil-
ity to the United States following an allocation, seeking
to recover response costs that are not recovered through
settlements with other persons. All such actions shall be
governed by the principles of liability under this Act as
determined by the courts of the United States.
‘‘(x) RESPONSE COSTS.—
‘‘(1) DESCRIPTION.—The following costs shall
be considered response costs for purposes of this
Act:
‘‘(A) Costs incurred by the United States
of implementing the allocation procedure set
forth in this section, including reasonable fees
and expenses of the allocator.
‘‘(B) Costs incurred by the United States
for any mixed funding under section 122(b).
‘‘(2) SETTLED PARTIES.—Any costs of alloca-
tion described in paragraph (1)(A) and incurred
after a party has settled all of its liability with re-
spect to the response action or actions that are the
183
subject of the allocation may not be recovered from
such party.
‘‘(y) FEDERAL, STATE, AND LOCAL AGENCIES.—All
Federal, State, and local governmental departments, agen-
cies, or instrumentalities that are identified as allocation
parties shall be subject to, and be entitled to the benefits
of, the allocation process and allocation determination pro-
vided by this section to the same extent as any other party.
‘‘(z) SAVINGS PROVISIONS.—Except as otherwise ex-
pressly provided, nothing in this section shall limit or af-
fect the following:
‘‘(1) The President’s—
‘‘(A) authority to exercise the powers con-
ferred by sections 103, 104, 105, 106, 107, or
122;
‘‘(B) authority to commence an action
against a party where there is a contempora-
neous filing of a judicial consent decree resolv-
ing that party’s liability;
‘‘(C) authority to file a proof of claim or
take other action in a proceeding under title 11,
United States Code;
‘‘(D) authority to file a petition to preserve
testimony under Rule 27 of the Federal Rules
of Civil Procedure; or
184
‘‘(E) authority to take action to prevent
dissipation of assets, including actions under
chapter 176 of title 28, United States Code.
‘‘(2) The ability of any person to resolve its li-
ability at a facility to any other person at any time
before or during the allocation process.
‘‘(3) The validity, enforceability, finality, or
merits of any judicial or administrative order, judg-
ment, or decree issued, signed, lodged, or entered,
before the date of enactment of this paragraph with
respect to liability under this Act, or authority to
modify any such order, judgment, or decree with re-
gard to the response action addressed in the order,
judgment or decree.
‘‘(4) The validity, enforceability, finality, or
merits of any pre-existing contract or agreement re-
lating to any allocation of responsibility or any in-
demnity for, or sharing of, any response costs under
this Act.’’.
SEC. 311. TRANSITION RULES.
(a) VALIDITY OF EXISTING SETTLEMENTS AND OR-
DERS.—All settlements, consent decrees, and judicial and
administrative orders entered into or issued before the
date of the enactment of this Act and any allocations of
response costs under such settlements, judgments, consent
185
decrees, and administrative orders shall remain in full
force and effect.
(b) VALIDITY OF EXISTING CONTRACTS AND AGREE-
MENTS.—All existing contracts and agreements relating to
any allocation of responsibility or indemnity for response
costs entered into before the date of the enactment of this
Act shall remain in full force and effect.
(c) MIXED FUNDING FOR PERFORMING PARTIES.—
Notwithstanding subsections (a) and (b), parties who are
responsible for carrying out a response action pursuant
to a consent decree entered into before October 23, 1997,
under section 122 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 or
pursuant to an administrative order issued under section
106 of such Act before October 23, 1997, shall be entitled
to mixed funding under section 122(b)(1) of such Act with
respect to that response action in the amount of—
(1) the total shares of response costs attrib-
utable to any party exempted from liability under
section 107(n), 107(o), or 127 of such Act, if such
parties have not resolved their liability with respect
to such costs on or before October 23, 1997; and
(2) the total shares of response costs incurred
after the date of the enactment of this Act attrib-
utable to any party who is bankrupt, insolvent, or
186
defunct if such party has not resolved such party’s
liability with respect to such costs on or before Octo-
ber 23, 1997.
(d) ALLOCATIONS AT FACILITIES UNDER ORDER OR
DECREE.—The total amount of the mixed funding pro-
vided under subsection (c) shall be determined by agree-
ment between the President and the parties who are carry-
ing out a response action to which subsection (c) applies,
or, if no such agreement is entered into within 120 days
of the date of the enactment of this Act, by an allocator
described in section 128 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, using the equitable factors described in section
128(n) of such Act. If requested by 50 percent of such
parties, such allocation shall address the relative shares
of response costs of all potentially responsible parties with
respect to the facility. The United States may commence
an action under this Act against any potentially respon-
sible party that has not resolved its liability with respect
to such response costs following the allocation, seeking to
recover those response costs that are not recovered
through settlements with other persons, including costs of
mixed funding provided under this section.
(e) CONTRIBUTION CLAIMS AGAINST NONSETTLING
PARTIES.—Parties who are incurring or have incurred re-
187
sponse costs with respect to the remedial action or actions
that are the subject of an order or decree described in
subsection (a) shall retain all rights to seek contribution
to such costs from parties who have not resolved their li-
ability with respect to such costs and who are not exempt
from liability under section 107(n), 107(o), or 127 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, and are not bankrupt, insolvent,
or defunct.
TITLE IV—BROWNFIELDS
REVITALIZATION
SEC. 401. BROWNFIELDS.
(a) IN GENERAL.—Title I (42 U.S.C. 9601 et seq.),
as amended by section 109 of this Act, is further amended
by adding at the end the following:
‘‘SEC. 129. BROWNFIELDS.
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) ADMINISTRATIVE
COST.—The term ‘ad-
ministrative cost’ does not include the cost of—
‘‘(A) site inventories;
‘‘(B) investigation and identification of the
extent of contamination;
‘‘(C) design and performance of a response
action; or
188
‘‘(D) monitoring of natural resources.
‘‘(2) BROWNFIELD FACILITY.—
‘‘(A) IN GENERAL.—The term ‘brownfield
facility’ means real property with respect to
which expansion or redevelopment is com-
plicated by the presence or potential presence of
a hazardous substance.
‘‘(B) EXCLUDED
FACILITIES.—The term
‘brownfield facility’ does not include—
‘‘(i) any portion of real property that
is the subject of an ongoing removal or
planned removal under section 104;
‘‘(ii) any portion of real property that
is listed or has been proposed for listing on
the National Priorities List;
‘‘(iii) a land disposal unit with respect
to which—
‘‘(I) a closure notification under
subtitle C of the Solid Waste Disposal
Act (42 U.S.C. 6921 et seq.) has been
submitted; and
‘‘(II) closure requirements have
been specified in a closure plan or
permit;
189
‘‘(iv) any portion of real property with
respect to which a cleanup is proceeding
under a permit, an administrative order, or
a judicial consent decree entered into by
the United States or an authorized State
under this Act, the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), the Federal
Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.), or the
Safe Drinking Water Act (42 U.S.C. 300f
et seq.);
‘‘(v) a facility that is owned or oper-
ated by a department, agency, or instru-
mentality of the United States, except a
facility located on lands held in trust for
an Indian tribe; or
‘‘(vi) a portion of a facility for which
assistance for response activity has been
obtained under subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et
seq.) from the Leaking Underground Stor-
age Tank Trust Fund established under
section 9508 of the Internal Revenue Code
of 1986.