481
by adding at the end the following: ‘‘In any
case in which the President issues an order
to a person under this subsection, the Presi-
dent shall provide information concerning
the evidence that indicates that each element
of liability contained in section 107(a) is
present.’’.
(2) Section 122(e)(1) (42 U.S.C. 9622(e)(2))
is amended by inserting after subparagraph
(C) the following:
‘‘(D) For each potentially respon-
sible party, information concerning
the evidence that indicates that each
element of liability contained in sec-
tion 107(a) is present.’’.
SEC. 416. CONTIGUOUS PROPERTIES.
Section 107(a) (42 U.S.C. 9607(a)) is
amended by adding at the end the following
new paragraph:
‘‘(10) A person who owns or operates
real property that is contiguous to or oth-
erwise situated with respect to real prop-
erty on which there has been a release of
a hazardous substance and that is or may
be contaminated by the release shall not
482
be considered an owner or operator of a
facility under paragraph (1)(A) solely by
reason of such contamination if such per-
son establishes by a preponderance of the
evidence that—
‘‘(A) such person exercised due
care with respect to the hazardous
substance, in light of all relevant
facts and circumstances;
‘‘(B) such person took precautions
against foreseeable acts or omissions
that resulted in the release and the
consequences that could foreseeably
result from such acts or omissions;
and
‘‘(C) such person did not cause or
contribute to the release.
The President may issue assurances of no
enforcement action under this Act to
such person and may grant such person
protection against cost recovery and con-
tribution actions pursuant to section
113(f).’’.
483
TITLE V—REMEDY SELECTION
AND CLEANUP STANDARDS
SEC. 501. CLEANUP STANDARDS.
Section 121(d) (42 U.S.C. 9621(d)) is
amended as follows:
(1) In paragraph (3), by inserting ‘‘or
4010(c) if appropriate’’ after ‘‘3005’’.
(2) By redesignating pargraphs (3)
and (4) as paragraphs (9) and (10), respec-
tively.
(3) By striking out the subsection
heading and designation and all that fol-
lows through the end of paragraph (2)
and inserting in lieu thereof the follow-
ing:
‘‘(d) ESTABLISHMENT OF PROTECTIVE CON-
CENTRATION LEVELS.—
‘‘(1) NATIONAL GOALS FOR THE PROTEC-
TION OF HUMAN HEALTH AND THE ENVIRON-
MENT.—In order to provide consistent and
equivalent protection of human health
and the environment to all communities,
within 18 months after the enactment of
the Superfund Reform Act of 1994, the
Administrator shall promulgate national
484
goals to be applied at all facilities subject
to remedial action under this Act. Na-
tional goals for human health shall be ex-
pressed as a single, numerical level for
chemical carcinogens and a single, nu-
merical level for noncarcinogens, respec-
tively. The national goals shall provide
the basis for protective concentration lev-
els unless the achievement of such goals
is technically infeasible or unreasonably
costly pursuant to subsection (b). In a
case in which the President selects a
remedy that does not achieve the na-
tional goals, the President shall publish
an explanation of the basis for that deci-
sion. The national goals shall be devel-
oped and promulgated in accordance
with sections 561 through 570 of title 5,
United States Code (commonly referred
to as the ‘Negotiated Rulemaking Act’).
‘‘(2) SCOPE AND PURPOSE OF NATIONAL
RISK PROTOCOL.—The Administrator shall
promulgate a national risk protocol for
conducting risk assessments under this
Act. The national risk protocol shall be
485
used for risk assessments underlying de-
terminations of the need for remedial ac-
tion, the establishment of protective con-
centration levels of chemicals, and the
evaluation of remedial alternatives. The
goal of the national risk protocol is to
promote the use of best available sci-
entific information and promote realistic
estimates that neither minimize nor exag-
gerate the risks or potential risks posed
by a facility at which hazardous sub-
stances have been disposed of or other-
wise come to be located. The national
risk protocol shall be developed and pro-
mulgated in accordance with sections 561
through 570 of title 5, United States Code,
to the extent the Administrator deems ap-
propriate. The national risk protocol
shall establish, to the extent appropriate
and practicable, the following:
‘‘(A) Standardized exposure sce-
narios defining exposure pathways
for a range of unrestricted and re-
stricted land uses.
486
‘‘(B) Standardized formulae or
methodologies for—
‘‘(i) evaluating the exposure
pathways of concern under the
standardized exposure scenarios
established under subparagraph
(A); and
‘‘(ii) 
developing, 
consistent
with the national goals under
paragraph 
(1), 
chemical 
con-
centration levels protective of re-
ceptors currently and reasonably
anticipated to be exposed via the
pathways included in such sce-
narios for the 100 contaminants
most frequently occurring at fa-
cilities addressed under this Act
for which adequate toxicity infor-
mation is available.
‘‘(C) Methodologies for facility-
specific 
evaluations 
of 
ecological
risks.
‘‘(3) STANDARDIZED FORMULAE OR METH-
ODOLOGIES.—Standardized 
formulae 
or
methodologies established under sub-
487
paragraphs (A) and (B) of paragraph (2)
shall include the following:
‘‘(A) National constants for spe-
cific 
characteristics 
of 
individual
chemicals not expected to vary from
facility to facility.
‘‘(B) Facility-specific variables for
physical characteristics of the facility
and other factors. Criteria for identi-
fying such variables shall include the
following:
‘‘(i) Whether a characteristic
or factor can be objectively meas-
ured based on actual facility data
or reasonably estimated based on
credible scientific studies when
facility-measured data cannot be
reasonably obtained.
‘‘(ii) Whether the effects of a
characteristic or factor are sci-
entifically well-understood.
‘‘(iii) Whether the impact of
the characteristic or factor on es-
timations of risk or protective
concentration levels is significant.
488
‘‘(C) Exposure factors related to
demographics (including separate ex-
posure 
factors 
for 
sensitive 
sub-
populations to be applied where rel-
evant), activity patterns, and natural
constraints. Defaults or ranges of de-
fault values shall be established for
such factors and used unless verifi-
able data are presented that the de-
faults are significantly different from
actual facility conditions. In such
cases, the values shall be determined
on a site-specific basis after consider-
ation of any views expressed by the
Community Working Group, if avail-
able, and the affected community.
‘‘(4) APPLICATION
OF
NATIONAL
RISK
PROTOCOL.—(A) The President shall con-
duct an analysis at each facility to deter-
mine which exposure scenarios, path-
ways, and contaminants are relevant to
that facility. Where standardized for-
mulae or methodologies for addressing
such relevant scenarios, pathways, and
489
contaminants are available, they shall be
used.
‘‘(B) Standardized formulae or meth-
odologies for exposure pathways that do
not exist or are not reasonably antici-
pated to exist in the future at a facility
shall not be applied in establishing pro-
tective concentration levels for the facil-
ity.
‘‘(C) Where standardized formulae or
methodologies for particular exposure
scenarios, exposure pathways, or chemi-
cals are unavailable, facility-specific risk
assessment shall be used.
‘‘(5) CONSIDERATIONS
IN
ESTABLISHING
THE NATIONAL RISK PROTOCOL.—(A) In de-
veloping the national risk protocol under
paragraph (2), the Administrator shall
evaluate and, to the degree appropriate
and practicable—
‘‘(i) identify appropriate sources
of toxicity information;
‘‘(ii) define the use of probabilistic
modeling;
490
‘‘(iii) identify criteria for the se-
lection and application of transport
and fate models;
‘‘(iv) define the use of high end
and central tendency exposure cases
and assumptions;
‘‘(v) define the use of population
risk estimates in addition to individ-
ual risk estimates;
‘‘(vi) 
define 
appropriate 
ap-
proaches for addressing cumulative
risks posed by multiple contaminants
or multiple exposure pathways; and
‘‘(vii) establish appropriate sam-
pling approaches and data quality re-
quirements.
‘‘(B) The national risk protocol shall
establish guidelines for all risk assess-
ments conducted under paragraph (2), in-
cluding those by which protective con-
centration levels are established, which
result in final protection at the 90th ex-
posure percentile of the affected popu-
lation defined by the President.
491
‘‘(6) PHASING AND UPDATING OF THE NA-
TIONAL RISK PROTOCOL.—The national risk
protocol shall be developed in accord-
ance with a schedule promulgated by the
Administrator within 90 days after the
date of enactment of the Superfund Re-
form Act of 1994. The national risk proto-
col may be developed and promulgated in
phases as determined appropriate by the
Administrator. The final protocol shall be
promulgated within 18 months after the
enactment of such Act. The Administrator
also shall determine an appropriate ap-
proach and schedule for ensuring that
the national risk protocol remains cur-
rent with emerging science and relevant
Agency policy.
‘‘(7) FEDERAL AND STATE LAWS.—(A) A
remedial action shall be required to—
‘‘(i) comply with the substantive
requirements 
of 
any 
promulgated
standard, requirement, criterion, or
limitation under any Federal, or more
stringent State, environmental or fa-
cility siting law that is applicable to