I
103D CONGRESS
2D SESSION
H. R. 3843
To require the Administrator of the Environmental Protection Agency to
establish a program under which States may be certified to carry out
voluntary environmental cleanup programs for low and medium priority
sites.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 1994
Mr. VISCLOSKY (for himself, Mr. REGULA, Ms. KAPTUR, Mr. GALLO, Mr. LI-
PINSKI, and Mr. FINGERHUT) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce
A BILL
To require the Administrator of the Environmental Protec-
tion Agency to establish a program under which States
may be certified to carry out voluntary environmental
cleanup programs for low and medium priority sites.
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 ‘‘Brownfield Cleanup
and Redevelopment Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Hundreds of thousands of obsolete indus-
trial sites nationwide are polluted with medium to
low amounts of environmental contamination.
(2) Reusing these sites requires cleanup of the
contamination, adding costs and uncertainties to the
redevelopment process.
(3) Left unused, these contaminated sites mean
loss of tax revenues and job opportunities for the
community and pose potential risks to nearby resi-
dents or people who venture onto the site.
(4) State efforts to encourage voluntary cleanup
and redevelopment of such sites are hindered by
Federal requirements for environmental permits to
conduct the cleanups and by the lack of Federal cer-
tification of such State efforts.
(b) PURPOSE.—The purpose of this Act is to encour-
age cleanup and redevelopment of contaminated industrial
facilities (known as ‘‘brownfields’’) as economically viable
alternatives to previously undeveloped ‘‘greenfield’’ sites.
SEC. 3. CERTIFICATION OF STATE VOLUNTARY CLEANUP
PROGRAMS.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Administrator of
the Environmental Protection Agency (hereinafter in this
Act referred to as the ‘‘Administrator’’) shall establish cer-
tification criteria for State voluntary cleanup programs at
eligible facilities. If a State meets the criteria for certifi-
cation, the Administrator shall certify the State to carry
out the cleanup program in such State at eligible facilities
in lieu of any Federal program that addresses the cleanup
of such facilities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 or the
Solid Waste Disposal Act.
(b) BIENNIAL AUDITS AND REVOCATION OF STATE
CERTIFICATION.—The Administrator shall ensure that
State programs continue to meet the terms of the certifi-
cation issued pursuant to subsection (a) by conducting bi-
ennial audits of State voluntary cleanup programs. If the
Administrator finds that the State is not administering
the program in accordance with the terms of the certifi-
cation, the Administrator shall notify the State of defi-
ciencies and of the Administrator’s intention to withdraw
the State’s certification if the deficiencies are not resolved
within 6 months. Withdrawal of State certification shall
not affect any cleanup completed and approved by the
State as of the date of such withdrawal.
(c) SPECIFIC CRITERIA.—The Administrator shall re-
quire that, in order for a State voluntary cleanup program
to be certified under subsection (a), the program shall, at
a minimum, contain each of the following provisions—
(1) The program shall provide that only eligible
facilities, as described in subsection (d), may partici-
pate in the program.
(2) The program shall provide adequate oppor-
tunities for public participation in the development
and implementation of cleanup plans for eligible fa-
cilities. Public participation requirements shall in-
clude but not be limited to providing opportunity for
affected parties to review and comment on cleanup
documents and plans, and providing opportunity for
public input to the remedy selection process. Af-
fected parties shall include but not be limited to
local work force representatives, adjacent community
residents, and local environmental and other public
interest organizations.
(3) The program shall provide technical assist-
ance throughout each voluntary cleanup.
(4) The program shall provide adequate over-
sight and enforcement authority to ensure that the
voluntary cleanups comply with Federal and State
laws (except permit requirements as provided in sub-
section (e)).
(5) provide for a certification from the State to
the owner or prospective purchaser of an eligible fa-
cility that the cleanup is complete.
(H) A facility owned or operated by a depart-
ment, agency, or instrumentality of the United
States.
(e) RELATIONSHIP TO PERMIT REQUIREMENTS.—No
Federal, State, or local permit shall be required for any
cleanup conducted under a State voluntary cleanup pro-
gram certified under this section, if the cleanup is carried
out in compliance with the certified program.
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