I
104TH CONGRESS
1ST SESSION
H. R. 228
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. DINGELL (for himself and Mr. MINETA) introduced the following bill;
which was referred to the Committee on Commerce and, in addition, to
the Committees on Transportation and Infrastructure and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Superfund Reform Act
of 1995’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 504. Response authorities.
Sec. 505. Removal actions.
Sec. 506. Hazardous substance property use.
Sec. 507. Transition.
TITLE VI—MISCELLANEOUS
Sec. 601. Interagency agreements at mixed ownership and mixed responsibility
facilities.
Sec. 602. Contents of certain deeds.
Sec. 603. Transfers of uncontaminated property.
Sec. 604. Agreements to transfer by deed.
Sec. 605. Alternative or innovative treatment technologies.
Sec. 606. Definitions.
Sec. 607. Response claims procedures.
Sec. 608. Small business ombudsman.
Sec. 609. Consideration of local government cleanup priorities.
Sec. 610. Consistent application among regional offices.
Sec. 611. Study of participants.
Sec. 612. Public comment.
Sec. 613. Certification of environmental training and certification organiza-
tions.
Sec. 614. Savings clause.
Sec. 615. Federal entities and facilities.
Sec. 616. Worker training and education grants.
Sec. 617. Report and oversight requirements.
Sec. 618. Remedial technologies.
Sec. 619. Reimbursement to State and local governments.
Sec. 620. Study of small disadvantaged business goals.
Sec. 621. Conforming amendment.
TITLE VII—FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Orphan share funding.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Limitations on research, development, and demonstration programs.
Sec. 705. Authorization of appropriations from general revenues.
Sec. 706. Additional limitations.
Sec. 707. Uses of the fund.
TITLE VIII—ENVIRONMENTAL INSURANCE RESOLUTION FUND
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Environmental Insurance Resolution Fund.
Sec. 804. Resolution offers.
Sec. 805. Documentation of claims and insurance coverage.
Sec. 806. Amount of resolution offers.
Sec. 807. Acceptance of resolution offer.
Sec. 808. Resolution payments.
Sec. 809. Rejection of resolution offer and reimbursement to insurer.
Sec. 810. Financial Statements, audits, investigations, and inspections.
Sec. 811. Stay of pending litigation.
Sec. 812. Regulations.
Sec. 813. Court jurisdiction and penalties.
Sec. 814. Miscellaneous provisions.
Sec. 815. Reports.
Sec. 816. Effective date.
Sec. 817. Termination of authority to offer and accept resolution.
Sec. 818. Termination of fund.
TITLE IX—TAXES
Subtitle A—Environmental Insurance Resolution Taxes and Trust Fund
Sec. 901. Environmental Insurance Resolution Taxes
Sec. 902. Environmental Insurance Resolution Trust Fund.
Sec. 903. Exemption from income tax for Environmental Insurance Resolution
Fund
Sec. 904. Effective dates.
Subtitle B—5-Year Extension of Hazardous Substance Superfund
Sec. 911. 5-Year Extension of Hazardous Substance Superfund.
Subtitle C—Report by Environmental Protection Agency
Sec. 921. Report.
SEC. 3. REFERENCES TO COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LI-
ABILITY ACT OF 1980.
Except as otherwise expressly 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, the reference shall be considered to be made to a
section or other provision of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (commonly known as ‘‘Superfund’’) (42 U.S.C. 9601
and following).
TITLE I—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
SEC. 101. PUBLIC PARTICIPATION.
Section 117 (42 U.S.C. 9617) is amended by striking
subsection (e) and inserting the following:
‘‘(e) GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) AUTHORITY.—In accordance with the rules
promulgated by the Administrator, the Adminis-
trator may make grants available to any group of in-
dividuals which may be affected by the release or
threatened release of hazardous substances, pollut-
ants, or contaminants at any facility on the State
Registry or the National Priorities List. Such grants
shall be known as Technical Assistance Grants. To
ensure that the application process is accessible to
all affected citizens, the Administrator shall periodi-
cally review such process and, based on such review,
shall implement appropriate changes to the applica-
tion process to improve access.
‘‘(2) SPECIAL RULES.—No matching contribu-
tion shall be required for a Technical Assistance
Grant. The Administrator shall make a portion of
the grant available to the grant recipient, in advance
of the expenditures to be covered by the grant, in
$5,000 installments.
‘‘(3) REPRESENTATIVE OF THE COMMUNITY.—
The Administrator shall publish guidance for deter-
mining that the recipient of any Technical Assist-
ance Grant award is a legitimate representative of
the community affected by the facility.
‘‘(4) LIMIT PER FACILITY.—Not more than one
grant may be made under this subsection with re-
spect to a single facility, but the grant may be re-
newed to facilitate public participation at all stages
of response action. Limits shall be established with
respect to the number of years for which grants may
be available based on the duration, type, and extent
of response activity at a facility.
‘‘(5) FUNDING AVAILABILITY.—Subject to the
limitations provided in paragraph (6), grants shall
be made available to affected citizens who live in
communities containing facilities in the State Reg-
istry not listed on the National Priorities List.
‘‘(6) FUNDING LIMIT.—Not more than 4 per-
cent of the funds made available for carrying out
this Act for any fiscal year may be used for grants
under this subsection in that fiscal year and not
more than one-eighth of the funds under this sub-
section may be used for grants with respect to facili-
ties not listed on the National Priorities List. If
such one-eighth portion is not needed for such facili-
ties, such portion may be used for grants with re-
spect to facilities listed on the National Priorities
List.
‘‘(7) FUNDING AMOUNT.—The initial amount of
any grant under this subsection may not exceed
$50,000 for a single grant recipient. However, the
Administrator shall increase the amount of the ini-
tial grant, as appropriate, to reflect the complexity
of response action, the nature and extent of con-
tamination at the facility, the level of facility activ-
ity, projected total needs as requested by the grant
recipient, the size and diversity of the affected popu-
lation, and the ability of the grant recipient to iden-
tify and raise funds from other sources.
‘‘(8) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) 
INTERPRETATION
OF
INFORMA-
TION.—Grants awarded under this subsection
may be used to obtain technical assistance in
interpreting information with regard to (i) the
nature of the hazard at a facility; (ii) the reme-
dial investigation and feasibility study; (iii) the
record of decision; (iv) the selection, design, and
construction of the remedial action; (v) oper-
ation and maintenance; or (vi) removal activi-
ties at such facility.
‘‘(B) 
ADDITIONAL
ACTIVITIES.—Grants
awarded under this section also may be used (i)
to obtain technical assistance in gathering and
interpreting information used to rank facilities
according to the Hazard Ranking System, (ii)
for gathering information to assess a remedy
selection decision, (iii) to hire health and safety
experts to advise affected residents on health
assessment and contamination data gathering
efforts and response activities, (iv) to hire a
community liaison to potentially responsible
parties and government agencies, (v) to hire ex-
perts to file comments with governmental agen-
cies and generate other documents as necessary
to ensure full participation by the grant recipi-
ent, (vi) to hire experts to provide input to the
design of any health studies that a government
agency performs, and (vii) for training funds
for interested affected community members to
enable them to more effectively participate in
the remedy selection process.
‘‘(C) LIMITATION.—Grants awarded under
this section may not be used for the purposes
of collecting field sampling data.
‘‘(9) USE OF EXPERTS.—Technical or other ex-
perts hired by grant recipients under this subsection
shall be hired by such recipients pursuant to guide-
lines developed by the Administrator.
‘‘(10) NON-SITE-SPECIFIC GRANTS.—In accord-
ance with the rules promulgated by the Adminis-
trator, the Administrator may make Technical As-
sistance Grant funds available to nonprofit organiza-
tions and citizens groups to enhance their participa-
tion in consensus-based rulemaking processes carried
out in accordance with this Act. Total funding for
all such grants shall not exceed $100,000.
‘‘(f) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION
IN
THE SUPERFUND DECISIONMAKING PROC-
ESS.—(1)(A) In order to provide an opportunity for mean-
ingful public participation in every significant phase of re-
sponse activities under this Act, the President shall pro-
vide the opportunity for public meetings and publish a no-
tice of such meetings before or during performance of each
of the following:
‘‘(i) The health assessment and the preliminary
assessment and site inspection, as appropriate.
Where the President determines a meeting is not ap-
propriate at the preliminary assessment and site in-
spection stage, the President shall provide adequate
public notice of that decision.
‘‘(ii) The Remedial Investigation and Feasibility
Study (RI/FS).
‘‘(iii) The announcement of the preferred reme-
dial alternative.
‘‘(iv) The completion of the work plan for the
RI/FS, Remedial Design and Remedial Action.
‘‘(B) Public meetings shall be designed to obtain in-
formation from the community and disseminate informa-
tion to the community concerning the President’s facility
activities and pending decisions.
‘‘(2) The President also shall provide reasonable no-
tice of an opportunity for public participation in meetings
in which—
‘‘(A) the participants include Federal officials,
or State officials where the State is conducting re-
sponse activities, with authority to make significant
decisions affecting a response action, and any other
person or persons, unless the other person or per-
sons are all coregulators that are not potentially re-
sponsible parties, or government contractors; and
‘‘(B) the subject of the meeting involves the de-
velopment of the work plan for the preliminary as-
sessment and site inspection, the RI/FS, Remedial
Design or Remedial Action, or any other phase of
the remedial process for facilities on the National
Priorities List or in the State Registry.
‘‘(3) To the extent practicable, before or during the
health assessments and site inspection, the President shall
solicit and evaluate concerns, interests, and information
from the community likely affected by the facility. The
evaluation shall include, as appropriate, face-to-face com-
munity surveys to identify the location of private drinking
water wells, historic and current or potential use of water,
and other environmental resources in the community; a
public meeting; written responses to significant concerns;
and other appropriate participatory activities.
‘‘(4) During the remedial investigation and feasibility
study, the President shall solicit the views and preferences
of the affected community on the remediation and disposi-
tion of hazardous substances, pollutants, or contaminants
at the facility. The views and preferences of affected com-
munity members shall be described in the remedial inves-
tigation and feasibility study and considered in the screen-
ing of remedial alternatives for the facility.
‘‘(5) Members of the affected community may pro-
pose remedial alternatives to the President, and the Presi-
dent shall consider such alternatives in the same manner
as the President considers alternatives proposed by poten-
tially responsible parties.
‘‘(6) The President, with the assistance of the Citizen
Information and Access Office (as provided for in sub-
section (h)), shall provide information to the community
and seek comment from affected citizens throughout all
significant phases of the response action at the facility.
The President shall ensure that information gathered from
affected citizens during community outreach efforts
reaches appropriate technical staff in a timely and effec-
tive manner. The President also shall ensure reasonable
written or other appropriate responses to such informa-
tion.
‘‘(7) The President shall make all nonprivileged infor-
mation available to the public throughout all phases of re-
sponse action at the facility. Such information shall be
made available to the public for inspection and copying
without the need to file a formal request subject to reason-
able service charges as appropriate.
‘‘(8)(A) The President, in carrying out responsibil-
ities under this Act, shall ensure that the presentation of
information on risk is unbiased and informative. To the
extent feasible, documents made available to the general
public which purport to describe the degree of risk to
human health shall, at a minimum, state—
‘‘(i) the population or populations addressed by
any risk estimates;
‘‘(ii) the expected risk or central estimate of
risk for the specific population;
‘‘(iii) any appropriate upperbound and lower-
bound estimates; and
‘‘(iv) the reasonable range or other description
of uncertainties in the assessment process.
‘‘(B) To the extent practical and appropriate, the Ad-
ministrator shall provide comparisons of the level of risk
from hazardous substances found at facilities to com-
parable levels of risk from hazardous substances ordinarily
encountered by the general public through other routes of
exposure.
‘‘(9) Notwithstanding any other provision of this sub-
section, in the case of a removal action taken in accord-
ance with section 104 which is expected to extend beyond
180 days, the President shall comply with the require-
ments of this section. Whenever the planning period for
a removal action is expected to be greater than 6 months,
the Administrator shall provide the community with notice
of the anticipated removal action and a public comment
period of no less than 30 days.’’.
SEC. 102. COMMUNITY WORKING GROUPS.
Section 117 (42 U.S.C. 9617) is amended by adding
after subsection (f) (as added by this Act) the following
new subsections:
‘‘(g) COMMUNITY WORKING GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
President shall provide the opportunity for the es-
tablishment of a representative public forum, known
as a Community Working Group (CWG), to achieve
direct, 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) 50 citizens, or at least 20 percent of
the population of a locality in which the Na-
tional Priorities List facility is located, petition
for a Community Working Group to be estab-
lished.
‘‘(2) 
DUTIES.—Each 
Community 
Working
Group shall provide information and views to the
President, and, as appropriate, any or all of the fol-
lowing: the Agency for Toxic Substances and Dis-
ease Registry, State regulatory agencies, Federal
and State natural resource trustees, and potentially
responsible parties conducting response actions. The
information and views reported shall include the var-
ious subjects related to facility remediation, includ-
ing facility health studies, potential remedial alter-
natives, and selection and implementation of reme-
dial and removal actions. The Community Working
Group shall attempt to achieve consensus among its
members before reporting positions to agencies or
potentially responsible parties. In cases in which
consensus cannot be reached, the Community Work-
ing Group shall allow the presentation of divergent
views.
‘‘(3) LAND USE RECOMMENDATIONS.—To ob-
tain greater community support for remedial deci-
sions affecting future land use, the President shall
consult with the CWG on a regular basis throughout
the remedy selection process regarding the reason-
ably anticipated future use of land at the facility
and any institutional controls required to assure that
land use determinations remain in effect. The CWG
may offer recommendations on the reasonably antici-
pated future use of land at the facility to the Presi-
dent at any time prior to the selection of a remedy
at the facility. The land use recommendation shall
consider at a minimum future facility waste manage-
ment needs and the criteria in section 121(b)(2).
The President shall not be bound by any rec-
ommendation of the CWG. However, the President
shall give substantial weight to the CWG’s land use
recommendation when the CWG achieves consensus
on the reasonably anticipated future use of land at
the facility. In cases in which there is substantive
disagreement within the CWG over a recommenda-
tion regarding the reasonably anticipated future use
of land at the facility, the President shall make rea-
sonable efforts to reconcile the differences. In the
event of continued substantive disagreement, sub-
stantial weight shall be given to the views of the
residents in the affected community. Should the
President make a determination that is inconsistent
with a consensus CWG recommendation on the rea-
sonably expected future use of land at the facility,
the President shall issue a written explanation for
the inconsistency.
‘‘(4) COMMUNITY
WORKING
GROUP
INPUT.—
With the exception of land use recommendations,
input received from the Community Working Groups
shall be considered by the President to be of equal
weight with the advice received from the Technical
Assistance Grant recipients and other affected com-
munity members.
‘‘(5) 
COMMUNITY
WORKING
GROUP
MEM-
BERS.—Members shall serve on the Community
Working Group without pay. Membership on the
Community Working Group shall not exceed 20 per-
sons. The President shall solicit and accept nomina-
tions for the Community Working Group member-
ship. Ultimate selection of CWG members shall be
made by the President after consultation with the
Citizen Information and Access Office as provided
for in subsection (h). The President shall also pro-
vide notice and opportunity to participate to persons
who are or historically have been disproportionately
affected by facility contamination in their commu-
nity. Each Community Working Group shall, to the
extent practicable, reflect the composition of the
community near the facility and the diversity of in-
terest. Local residents shall comprise no less than
50 percent of the total membership of the CWG. In
general, the President shall allow members of the
following groups representation on a CWG:
‘‘(A) Persons residing or owning residen-
tial property near the facility or persons who
may be directly affected by the releases from
the facility. At least one person in this group
shall represent the Technical Assistance Grant
recipient if such a grant has been awarded
under subsection (e).
‘‘(B) Persons who, although not residing
or owning property near the facility, may be po-
tentially affected by releases from the facility.
‘‘(C) Members of the local medical commu-
nity practicing in the community.
‘‘(D) Representatives of local Indian tribes
or Indian communities.
‘‘(E) Local representatives of citizen, envi-
ronmental, or public interest groups with mem-
bers residing in the community.
‘‘(F) Local government which may include
pertinent city or county governments, or both,
and any other governmental unit which regu-
lates land use in the vicinity of the facility.
‘‘(G) Workers at the facility who will be in-
volved in actual response operations.
‘‘(H) Workers employed at the facility dur-
ing facility operation.
‘‘(I) Facility owners and local representa-
tives of the significant Potentially Responsible
Parties (PRPs), who represent, wherever prac-
ticable, a balance of PRP interests.
‘‘(J) Members of the local business com-
munity.
‘‘(6) TECHNICAL
AND
ADMINISTRATIVE
SUP-
PORT
FOR
COMMUNITY
WORKING
GROUPS.—The
President shall provide administrative services and
meeting facilities for Community Working Groups.
The Administrator of Environmental Protection
Agency, the Administrator of the Agency for Toxic
Substances and Disease Registry and the State, as
appropriate, shall participate in Community Work-
ing Group meetings to provide information and tech-
nical expertise, but shall not be members of the
Community Working Group.
‘‘(7) OTHER PUBLIC COMMENT.—The existence
of a CWG shall not diminish any other obligation of
the President to consider the views of any person in
selecting response actions under this Act.
‘‘(h) CITIZEN
INFORMATION
AND
ACCESS
OF-
FICES.—
‘‘(1) ESTABLISHMENT
OF
CITIZEN
INFORMA-
TION
AND
ACCESS
OFFICES.—Within 18 months
after the date of enactment of the Superfund Re-
form Act of 1995, a Citizen Information and Access
Office (CIAO) shall be established within each State
to perform the functions provided in this subsection.
The CIAO shall be an independent special purpose
unit of the government, subject to the administrative
laws of the State, including any sunshine laws. If a
CIAO has not been established in a State within
such 18 months, the Administrator shall establish an
office within the Agency to perform the functions of
the CIAO in that State until such time as a CIAO
is established.
‘‘(2) PRIMARY FUNCTIONS.—Each Citizen In-
formation and Access Office shall have the following
primary functions:
‘‘(A) The Citizen Information and Access
Office shall inform citizens and elected officials
at all levels of government of the existence of
State Registry and National Priorities List fa-
cilities in the State.
‘‘(B) The Citizen Information and Access
Office shall provide citizens with a description
of the identification and response process under
this Act and citizens’ legal rights within that
process. It may include identification of re-
sources, including Technical Assistance Grants,
that are available to assist affected citizens in
participating effectively in the Superfund proc-
ess. Information shall be disseminated in a
manner that is easily understood by the com-
munity, considering any unique cultural needs
of the community, including presentation of in-
formation orally and distribution of information
in languages other than English as appropriate.
Other information that the CIAO shall provide
to the public may include the following:
‘‘(i) The possibility, where relevant,
that a community may qualify to receive
an alternative water supply or relocation
assistance.
‘‘(ii) The potential for or existence of
a Community Working Group.
‘‘(iii) A description of the facility’s lo-
cation and characteristics, the hazardous
substances, pollutants or contaminants
present, the known exposure pathways,
and the steps being taken to assess the
risk presented by the facility. The Citizen
Information and Access Office shall dis-
seminate information characterizing the
risks presented by a facility. Where a
CIAO receives conflicting information from
the President and the Community Working
Group, the CIAO will make every effort to
resolve any apparent difference in informa-
tion on the risks present at the facility be-
fore it distributes that information to the
public. Where no agreement is reached
among the Citizen Information and Access
Office, the President, and the Community
Working Group, the Citizen Information
and Access Office shall disseminate such
information reflecting the differing views
about the risk presented by the facility.
The Citizen Information and Access Office
shall seek to ensure that the information
it disseminates is based on the most cur-
rent technical and scientific data in its
possession for any State Registry or Na-
tional Priorities List facility.
‘‘(C) The Citizen Information and Access
Office shall serve as an information clearing-
house in each State. Its functions also shall in-
clude maintaining records of each facility’s sta-
tus and any health data generated concerning
National Priorities List facilities in each State.
The facility data maintained by the Citizen In-
formation and Access Office shall also in-
clude—
‘‘(i) a record of any institutional con-
trols at all facilities in the State;
‘‘(ii) any annual health data generated
in connection with the facility;
‘‘(iii) the location of each facility on
the State Registry;
‘‘(iv) to the extent available, the haz-
ardous substances or pollutants or con-
taminants present at each facility in the
State, including the volume of the hazard-
ous substances or pollutants or contami-
nants;
‘‘(v) the exposure pathways, current
exposure (if any), potential future expo-
sure, and risks to human health or the en-
vironment, after seeking to resolve any dis-
crepancies as provided in subparagraph
(B)(iii);
‘‘(vi) protective concentration levels
established for the facility;
‘‘(vii) the biennial Environmental Jus-
tice Report prepared pursuant to this sec-
tion; and
‘‘(viii) any report generated during
the review conducted in accordance with
section 121(c).
‘‘(D) The Citizen Information and Access
Office shall assist the Administrator in the Ad-
ministrator’s efforts to disseminate information,
notify citizens of public meetings, notify poten-
tial Community Working Group members, and
other tasks, as appropriate.
‘‘(E) The Citizen Information and Access
Office shall collect available information from
the Administrator or other Federal or State
agencies regarding the continued effectiveness
of removal and remedial actions taken in the
State.
‘‘(F) The Citizen Information and Access
Office shall conduct outreach activities and pro-
vide information to small disadvantaged busi-
nesses about Federal and State contracting and
(to the extent available) subcontracting oppor-
tunities at facilities in the State.
‘‘(3) FUNDING.—Funding for all Citizen Infor-
mation and Access Offices, collectively, shall not ex-
ceed $50,000,000 per year. The Administrator shall
publish guidelines establishing a formula for deter-
mining the actual amount of funding for each Citi-
zen Information and Access Office and procedures
for awarding grants to any CIAO. The formula shall
include factors such as the number and complexity
of State Registry and National Priorities List facili-
ties in the State. The funding shall be available di-
rectly to each Citizen Information and Access Office
or, in States where no CIAO is established, the
funding shall be made available to the Administrator
to carry out the responsibilities of this subsection in
that State or for the use of the entity with whom the
Administrator contracts to perform the functions of
the CIAO.
‘‘(4) CITIZEN INFORMATION AND ACCESS OF-
FICE GOVERNING BOARD.—
‘‘(A) ESTABLISHMENT.—Each Citizen In-
formation and Access Office shall establish a
volunteer Citizen Governing Board which shall
have the ultimate responsibility for ensuring
that the Citizen Information and Access Office
is properly managed.
‘‘(B) CITIZEN INFORMATION AND ACCESS
OFFICE GOVERNING BOARD MEMBERS.—
‘‘(i) NOMINATIONS.—Citizens active
in State Registry and National Priorities
List facility communities shall nominate
persons for board membership.
‘‘(ii) APPOINTMENTS.—The Governor
of each State shall appoint, from those
nominees put forward, between 7 and 15
citizens to serve as board members.
‘‘(iii) 
MEMBER
QUALIFICATIONS.—
Where possible, the Governor shall ensure
that one-half of the appointees reside in
communities affected by a variety of Na-
tional Priorities List facilities in the State,
and the other half reside in communities
affected by a variety of non-NPL State
Registry facilities in the State. Board
members shall have a demonstrated com-
mitment to the needs of the citizens in
these communities, and shall reasonably
reflect the racial and ethnic composition of
these communities. Special efforts shall be
made to nominate citizens who are or his-
torically have been disproportionately ad-
versely affected by facility contamination.
‘‘(iv) EXPERIENCE.—Where possible,
Board members should have a background
in a field of study related to the scientific
and technical issues common to Superfund
facilities, or have practical experience relat-
ed to the Superfund program.
‘‘(v) TERMS.—Board members shall
serve for limited, staggered terms.
‘‘(5) CITIZEN INFORMATION AND ACCESS OF-
FICE STAFF.—Each Citizen Information and Access
Office shall have a permanent staff to assist in car-
rying out its functions. Staff shall have dem-
onstrated qualifications for working with citizens in
communities located near State Registry or National
Priorities List facilities, and shall also meet other
criteria established by the President in consultation
with the Citizen Information and Access Office Citi-
zen Governing Board. An Executive Director or
President, selected by the full Governing Board,
shall be responsible for all Citizen Information and
Access Office staffing decisions.
‘‘(6) FEDERAL OVERSIGHT OF CITIZEN INFOR-
MATION AND ACCESS OFFICE.—
‘‘(A) REPORT.—The Citizens Information
and Access Office shall report annually to the
Administrator regarding performance of its du-
ties and shall provide a detailed accounting of
its use of funds under this section.
‘‘(B) VERIFICATION BY INSPECTOR GEN-
ERAL.—The Inspector General of the Environ-
mental Protection Agency shall periodically re-
view the programs and reports made under this
section.
‘‘(C) CONSEQUENCES
OF
FAILURE.—The
Administrator may withhold any funding au-
thorized under this section if the Administrator
determines, after notice to the affected CIAO,
that the CIAO has expended funds in a manner
inconsistent with this section.
‘‘(7) CITIZEN INFORMATION AND ACCESS OF-
FICES
AND
COMMUNITY
WORKING
GROUPS
FOR
TRIBAL
PEOPLES.—Members of Indian tribes af-
fected by a facility on the National Priorities List
may petition the Administrator to form a body that
is the equivalent of a State Citizen Information and
Access Office. Notwithstanding the creation of a
tribal Citizen Information and Access Office, the
State Citizen Information and Access Office shall be
responsible for providing information and expertise
to tribal members as well as other citizens in the
State. Tribal members may establish Community
Working Groups under subsection (g) regardless of
whether there exists a tribal Citizen Information and
Access Office or other tribal program relating to this
Act.
‘‘(i) ENVIRONMENTAL JUSTICE STUDY.—
‘‘(1) REPORT
BY
THE
ADMINISTRATOR.—The
Administrator shall prepare and submit to Congress
an Environmental Justice Study two years after the
date of enactment of the Superfund Reform Act of
1995 and every 2 years thereafter. Such study also
shall be provided to the Citizen Information Access
Offices. The Administrator and Citizen Information
Access Offices shall ensure that copies of such stud-
ies are made available to the public.
‘‘(2) CONTENT OF THE REPORT.—The Admin-
istrator’s report shall include an analysis of each fa-
cility which shall compare information on priority
setting, response actions, and public participation re-
quirements conducted under this Act to the popu-
lation, race, ethnicity, and income characteristics of
each community affected by each facility.
‘‘(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 the necessary improve-
ments or modifications to address any deficiencies
identified in the study prepared under this section.’’.
SEC. 103. HAZARD RANKING SYSTEM AND REVISION OF NA-
TIONAL CONTINGENCY PLAN.
(a) IN GENERAL.—Section 105 (42 U.S.C. 9605(a))
is amended as follows:
(1) By inserting after subsection (g) the follow-
ing new subsections:
‘‘(h) HAZARD RANKING SYSTEM.—In setting prior-
ities under subsection (a)(8), the President—
‘‘(1) shall group facilities together, even if they
are not adjacent or geographically juxtaposed, and
score them as a single facility where more than one
facility listed on the State Registry results in haz-
ardous substances exposures to the same population;
‘‘(2) may take into account to the maximum ex-
tent technically feasible any history of exposure to
hazardous substances in the community regardless
of the source of exposure, in placing facilities on the
National Priorities List;
‘‘(3) shall take into account the use of land or
waterways for subsistence, religious, spiritual, or cul-
tural practices where such use results in additional
exposures, in placing facilities on the National Prior-
ities List;
‘‘(4) shall conduct interviews with persons af-
fected by the facility and living in the community
and solicit their input and information in the hazard
ranking system evaluation; and
‘‘(5) shall place highest priority on facilities
with releases of hazardous substances which result
in actual ongoing human exposures at levels result-
ing in demonstrated adverse health effects as identi-
fied in a health assessment conducted by the Agency
for Toxic Substances and Disease Registry.
‘‘(i) ENVIRONMENTAL
JUSTICE
FACILITY
SCOR-
ING.—The Administrator shall evaluate major urban areas
and any other areas where environmental justice concerns
may warrant special attention (such as tribal lands or poor
rural communities) and identify 5 facilities in each region
of the Environmental Protection Agency that are, or that
should be, on the State Registry and that are likely to
warrant inclusion on the National Priorities List. These
facilities shall be accorded a priority in evaluation for
NPL listing and scoring, and shall be evaluated for listing
within 2 years after the date of enactment of the
Superfund Reform Act of 1995.’’.
(2) By striking the period at the end of para-
graph (10) of subsection (a) and inserting a semi-
colon and by adding the following new paragraphs
after such paragraph (10):
‘‘(11) a process and procedure for reviewing pe-
titions to reevaluate a facility not on the National
Priorities List for inclusion on the National Prior-
ities List where paragraphs (1), (2), and (3) of sub-
section (h) are relevant.’’.
(3) By inserting ‘‘(1)’’ after ‘‘PLAN.—’’ in sub-
section (b) and by adding at the end of that sub-
section the following new paragraph:
‘‘(2) The Administrator shall undertake an effort to
review new procedures for conducting remedial investiga-
tions and feasibility studies in an efficient, cost-effective
and timely manner. Such review shall take into consider-
ation a results-oriented approach in order to minimize the
time required to conduct such investigations and studies.
The Administrator shall, as part of the next proposed revi-
sion of the National Contingency Plan after the enactment
of this paragraph, propose, as appropriate, to incorporate
the new procedures for conducting the remedial investiga-
tions and feasibility studies.
SEC. 104. DISEASE REGISTRY AND MEDICAL CARE PRO-
VIDERS.
Section 104(i)(1) (42 U.S.C. 9604(i)(1)) is amended
as follows:
(1) By amending subparagraph (A) to read as
follows:
‘‘(A) in cooperation with the States, for sci-
entific purposes and public health purposes, estab-
lish and maintain a national registry of persons ex-
posed to toxic substances;’’.
(2) In subparagraph (E), by striking ‘‘admis-
sion to hospitals and other facilities and services op-
erated or provided by the Public Health Service’’
and inserting ‘‘referral to accredited medical care
providers’’.
SEC. 105. SUBSTANCE PROFILES.
Section 104(i)(3) (42 U.S.C. 9604(i)(3)) is amended
as follows:
(1) By inserting ‘‘(A)’’ after ‘‘(3)’’.
(2) By redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively.
(3) By striking out the matter beginning with
‘‘Any toxicological profile or revision thereof’’ and all
that follows through the end of such paragraph and
inserting in lieu thereof 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 non-National Priorities List fa-
cilities and which have been determined by ATSDR to be
of critical health concern. Profiles required under this
paragraph shall be revised and republished as necessary,
based on scientific need. Such profiles shall be provided
to the States and made available to other interested
parties.’’.
SEC. 106. DETERMINING HEALTH EFFECTS.
Section 104(i)(5)(A) (42 U.S.C. 9604(i)(5)(A)) is
amended as follows:
(1) By striking ‘‘designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of such
substance’’ and inserting ‘‘conducted directly or by
means such as cooperative agreements and grants
with appropriate public and nonprofit institutions.
The research shall be designed to determine the
health effects (and techniques for development of
methods to determine such health effects) of the
substance’’.
(2) By redesignating clause (iv) as clause (v).
(3) By striking ‘‘and’’ at the end of clause (iii).
(4) By inserting after clause (iii) the following
new clause:
‘‘(iv) laboratory and other studies which can
lead to the development of innovative techniques for
predicting organ-specific, site-specific, and system-
specific acute and chronic toxicity; and’’.
SEC. 107. PUBLIC HEALTH AT NPL FACILITIES.
Section 104(i)(6) (42 U.S.C. 9604(i)(6)) is amended
as follows:
(1) By amending subparagraph (A) to read as
follows:
‘‘(A) The Administrator of ATSDR shall perform a
public health assessment for each facility, including those
facilities owned by any department, agency, or instrumen-
tality of the United States, on the National Priorities List
established under section 105 of this Act. The public
health assessment shall be commenced as soon as prac-
ticable after each facility is proposed for inclusion on the
National Priorities List and shall be completed not later
than the date of issuance of a remedial investigation and
feasibility study for the facility to allow full consideration
in selecting the remedial action of the public health impli-
cations of any release.’’.
(2) In subparagraph (D), by inserting ‘‘(i)’’
after ‘‘(D)’’ and by adding the following at the end
of the subparagraph: ‘‘The Administrator and the
Administrator of ATSDR shall develop strategies to
obtain relevant on-site and off-site characterization
data for use in the health assessment. The Adminis-
trator shall, to the maximum extent practicable, pro-
vide the Administrator of ATSDR with the data and
information necessary to make public health assess-
ments sufficiently prior to the initiation of remedial
actions to allow ATSDR to complete these assess-
ments. Where deemed appropriate, the Adminis-
trator of ATSDR shall provide to the Administrator
as soon as practicable after site discovery, rec-
ommendations for sampling environmental media for
hazardous substances of public health concern. To
the extent feasible, the Administrator shall incor-
porate such recommendations into its site investiga-
tion activities.
‘‘(ii) In order to improve community involvement in
health assessments, the Administrator of ATSDR shall
carry out each of the following duties:
‘‘(I) The Administrator of ATSDR shall ac-
tively collect data from Community Working Groups
(‘Community Working Groups’) and from other
sources in communities affected or potentially af-
fected by releases of hazardous substances, pollut-
ants, or contaminants regarding exposure, relevant
human activities, and other factors.
‘‘(II) The Administrator of ATSDR shall design
health assessments that take into account the needs
and conditions of the affected community. Commu-
nity-based research models, building links to local
expertise and local health resources should be used.
Each Community Working Group (or affected com-
munity where no Community Working Group exists)
shall be permitted to play an active and early role
in reviewing health assessment designs. In preparing
such designs, emphasis shall be placed on collection
of actual exposure data and sources of multiple ex-
posure shall be considered.’’.
(3) In subparagraph (H), by striking ‘‘health
assessment’’ each place it appears and inserting
‘‘public health assessment’’.
SEC. 108. HEALTH STUDIES.
Subparagraph (A) of section 104(i)(7) (42 U.S.C.
9604(i)(7)) is amended to read as follows: ‘‘(A) Whenever
in the judgment of the Administrator of ATSDR it is ap-
propriate on the basis of the results of a public health
assessment or on the basis of other appropriate informa-
tion, the Administrator of ATSDR shall conduct a human
health study of exposure or other health effects for se-
lected groups or individuals in order to determine the de-
sirability of conducting full scale epidemiologic or other
health studies of the entire exposed population.’’.
SEC. 109. DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS AND MEDICAL CENTERS.
Paragraph (14) of section 104(i) (42 U.S.C. 9604(i))
is amended to read as follows:
‘‘(14) In implementing this subsection and other
health-related provisions of this Act in cooperation with
the States, the Administrator of ATSDR shall—
‘‘(A) assemble, develop as necessary, and dis-
tribute to the States, medical colleges, physicians,
nursing institutions, nurses, and other health profes-
sionals and medical centers, appropriate educational
materials (including short courses) on the medical
surveillance, screening, and methods of prevention,
diagnosis, and treatment of injury or disease related
to exposure to hazardous substances (giving priority
to those listed in paragraph (2)), through means the
Administrator of ATSDR considers appropriate; and
‘‘(B) assemble, develop as necessary, and dis-
tribute to the general public and to at-risk popu-
lations appropriate educational materials and other
information on human health effects of hazardous
substances.’’.
SEC. 110. GRANT AWARDS, CONTRACTS, AND COMMUNITY
ASSISTANCE ACTIVITIES.
Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amend-
ed as follows:
(1) By inserting ‘‘(A)’’ before ‘‘The activities’’.
(2) In the first sentence, by striking ‘‘coopera-
tive agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
sions thereof), other appropriate public authorities,
public or private institutions, colleges, universities,
and professional associations giving consideration to
those colleges and universities that are historically
black colleges and universities and to other edu-
cational institutions that primarily serve minorities
or represent the interests of affected communities’’.
(3) In the second sentence, by inserting ‘‘pub-
lic’’ before ‘‘health assessments’’.
(4) By adding at the end the following new sub-
paragraphs:
‘‘(B) When a public health assessment is conducted
at a facility on the National Priorities List, or a release
is being evaluated for inclusion on the National Priorities
List, the Administrator of ATSDR may provide the assist-
ance specified in this paragraph to public or private non-
profit entities, individuals, and community-based groups
that may be affected by the release or threatened release
of hazardous substances in the environment.
‘‘(C) The Administrator of the Agency for Toxic Sub-
stances and Disease Registry, pursuant to the grants, co-
operative agreements and contracts referred to in this
paragraph, is authorized and directed to provide, where
appropriate, health services to communities affected by the
release of hazardous substances. Such health services may
include diagnostic services, specialized treatment, health
data registries and preventative public health education.’’.
SEC. 111. PUBLIC HEALTH RECOMMENDATIONS IN REME-
DIAL ACTIONS.
Section 121(c) (42 U.S.C. 9621(c)) is amended in the
first sentence by inserting after ‘‘remedial action’’ the sec-
ond time it appears the following: ‘‘, including public
health recommendations and decisions resulting from ac-
tivities under section 104(i),’’.
SEC. 112. CLARIFICATION OF ATSDR AUTHORITY.
Section 111(c)(4) (42 U.S.C. 9611(c)(4)) is amended
by inserting ‘‘and health services,’’ after ‘‘assessments,’’.
SEC. 113. RECRUITMENT AND TRAINING DEMONSTRATION
PROGRAM.
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency is authorized to carry out
a demonstration program to assist in the recruitment and
training of individuals from areas affected by National
Priorities List facilities for employment in remediation ac-
tivities conducted at such facilities.
(b) INCENTIVES TO PARTIES.—As an element of the
demonstration program, the President shall encourage
parties conducting response actions under the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 to have their contractors train minorities
and other disadvantaged persons from the affected com-
munity in remediation skills directly and in conjunction
with historically black colleges and universities and other
educational institutions that primarily serve minorities.
(c) FUNDING.—Of the amounts made available from
the Hazardous Substance Response Fund by section
111(q) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, $2,000,000
shall be available to carry out this section.
SEC. 114. TRANSITION.
(a) EFFECTIVE DATE IN GENERAL.—Except as pro-
vided in subsection (b), this title and the amendments
made by this title shall become effective upon the date of
enactment of this Act.
(b) SPECIAL RULE.—The requirements of para-
graphs (1) through (4) of section 117(f) and paragraph
(1) of section 117(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
added by sections 101 and 102, shall become effective 180
days after the date of enactment of this Act.
TITLE II—STATE ROLES
SEC. 201. CONTRACTS OR COOPERATIVE AGREEMENTS
WITH STATES.
Title I is amended by adding after section 126 the
following new section:
‘‘SEC. 127. CONTRACTS OR COOPERATIVE AGREEMENTS
WITH STATES.
‘‘(a) IN GENERAL.—
‘‘(1) APPLICATION FOR AUTHORITY TO TAKE
PREREMEDIAL ACTION AT NON-NPL FACILITIES.—A
State may apply to the Administrator to take or re-
quire preremedial actions (including removal actions)
under a contract or cooperative agreement as pro-
vided in this section at any non-federally owned or
operated facility within the boundaries of the State
that is not listed on the National Priorities List
(NPL).
‘‘(2) APPLICATION FOR AUTHORITY TO TAKE
RESPONSE
ACTION
AT
NPL
FACILITIES.—A State
may apply to the Administrator to take or require
response actions, including selection and enforce-
ment of remedial actions and use of allocation proce-
dures under section 130, under a contract or cooper-
ative agreement as provided in this section at any
non-federally owned or operated facility within the
boundaries of the State that is listed on the National
Priorities List (NPL) or to take or require removal
actions at any facility proposed for listing on the
National Priorities List.
‘‘(3) APPROVAL OF APPLICATION.—The Admin-
istrator shall enter into a contract or cooperative
agreement under this section if the Administrator
determines that the State—
‘‘(A) meets the qualification requirements
set forth in the regulations promulgated pursu-
ant to subsection (b); and
‘‘(B) with respect to authority to select re-
medial actions and use allocation procedures,
meets the qualification requirements set forth
in subsection (c).
‘‘(b) REGULATIONS.—The Administrator, in con-
sultation with the States, shall promulgate regulations to
implement this section. The regulations shall provide such
additional qualifications for a contract or cooperative
agreement under this section as the Administrator consid-
ers reasonable, including qualifications applicable to par-
ticular types of preremedial or response actions. The regu-
lations shall include a requirement that, in order for a
State to qualify for a contract or cooperative agreement
with respect to a facility under this section, the State may
not be a major potentially responsible party with respect
to that facility.
‘‘(c) QUALIFICATION
REQUIREMENTS
WITH
RE-
SPECT TO SELECTION OF REMEDIAL ACTION AND USE
OF ALLOCATION PROCEDURES.—For purposes of sub-
section (a)(3)(B), with respect to a contract or cooperative
agreement under this section for authority to select reme-
dial action or to use the allocation procedures under sec-
tion 130, the Administrator also shall make each of the
following determinations:
‘‘(1) The State has the capability to select re-
medial actions or to use the allocation procedures
under section 130, including adequate legal author-
ity, financial and personnel resources, organization,
and expertise.
‘‘(2) The State meets any other qualifications
set forth in the regulations promulgated under sub-
section (b) for selecting remedial actions or using
the allocation procedures.
‘‘(3) The State demonstrates a historical record
of performing similar response actions.
‘‘(d) REQUIREMENTS FOR SELECTION OF REMEDIAL
ACTION.—In any contract or cooperative agreement that
allows a State to select remedial actions, the State shall
agree to select such remedial actions in accordance with
all of the procedures and requirements set forth in sec-
tions 117 and 121 of this Act, the National Contingency
Plan, and any other relevant regulations and guidelines
adopted by the Administrator.
‘‘(e) STATE AUTHORITY REGARDING ENFORCEMENT
OF SELECTED REMEDIAL ACTION.—(1) A State that se-
lects a remedial action pursuant to a contract or coopera-
tive agreement entered into under subsection (a) shall
have the authority to enforce the requirements of such re-
medial action pursuant to section 121(f)(4).
‘‘(2) Such State also shall have the authority to en-
force compliance with any standard, regulation, condition,
requirement, order, or final determination of the State
with respect to the remedial action. Such State also may
seek civil penalties not to exceed $25,000 per day for any
violation of such standard, regulation, condition, require-
ment, order, or final determination. Such State may com-
mence an action seeking such relief unless the standard,
regulation, condition, requirement, order, or final deter-
mination is arbitrary, capricious, or contrary to law when
reviewed upon the administrative record presented by the
State.
‘‘(3) In addition, if expressly provided in the contract
or cooperative agreement, such State may waive a Federal
requirement applicable to the remedial action in accord-
ance with section 121.
‘‘(f) REQUIREMENTS FOR ENFORCEMENT AND ALLO-
CATION.—
‘‘(1) ENFORCEMENT.—In the case of a contract
or cooperative agreement providing for a State to
initiate an enforcement action with respect to a facil-
ity for purposes of recovering costs or compelling
performance of a remedy at the facility, the contract
or cooperative agreement shall require the State to
provide for expedited settlements under section 122.
‘‘(2) USE OF ALLOCATION PROCEDURES.—(A)
In the case of a contract or cooperative agreement
providing for a State to initiate an enforcement ac-
tion with respect to a facility subject to mandatory
allocation pursuant to section 130(a)(1), the con-