235
the environment from realistic and significant
risks.
‘‘(2) DEFAULT.—Except as provided in section
12013, if the Administrator does not issue a deter-
mination under paragraph (1) within 18 months
after the date on which a State submits to the Ad-
ministrator a certification under subsection (a), the
certification shall be considered to meet all of the
criteria stated in subsection (a), and the State pro-
gram shall be treated as finally certified under this
subtitle.
‘‘(d) EFFECT OF CERTIFICATION.—Upon the certifi-
cation of a State program for the management of remedi-
ation waste, the provisions of subtitle C of this Act and
section 6(e) of the Toxic Substances Control Act shall not
apply to the generation, transportation, treatment, storage
or disposal or other management of such waste and such
waste shall not be considered hazardous waste for pur-
poses of this Act or toxic waste for the purposes of section
6(e) of the Toxic Substances Control Act within the State
with the certification.
‘‘SEC. 12012. STATES WITHOUT AUTHORIZED HAZARDOUS
WASTE PROGRAMS.
‘‘(a) CERTIFICATION.—At any time after the enact-
ment of this part, a State that does not have a hazardous
236
waste program authorized under section 3006(b) of this
Act may submit to the Administrator a certification, sup-
ported by such documentation that the State considers to
be appropriate, demonstrating that the State has a State
program for the management of remediation wastes which
includes each of the following:
‘‘(1) Statutory and regulatory authority to con-
trol the management of remediation wastes from
generation to disposal in a manner that protects
human health and the environment from realistic
and significant risks.
‘‘(2) Resources in place to administer and en-
force those authorities.
‘‘(3) Procedures to ensure public notice and op-
portunity for comment on remedial action plans sub-
mitted to the State.
‘‘(b) INTERIM AUTHORIZATION.—Beginning one year
after submission of a certification under subparagraph
(A), the State program that is the subject of such certifi-
cation shall be treated as a certified State program under
this subtitle until the Administrator issues a determina-
tion under subsection (c).
‘‘(c) DETERMINATION.—
‘‘(1) IN
GENERAL.—Not later than 2 years
after the date on which a State submits to the Ad-
237
ministrator a certification under subsection (a), after
public notice and opportunity for comment, the Ad-
ministrator shall issue to the State and publish in
the Federal Register a determination that—
‘‘(A) the certification meets all of the cri-
teria in subsection (a), and the State program
is finally certified under this subtitle;
‘‘(B) the certification fails to meet one or
more of the criteria stated in subsection (a),
stating with particularity the elements of the
State program that are considered to be defi-
cient.
‘‘(2) DEFAULT.—Except as provided in section
12013, if the Administrator does not issue a deter-
mination under paragraph (1) within 2 years after
the date on which a State submits to the Adminis-
trator a certification under subsection (a), the cer-
tification shall be considered to meet all of the cri-
teria stated in subsection (a), and the State program
that is the subject of such certification shall be
treated as a certified State program under this sub-
title.
238
‘‘SEC. 12013. WITHDRAWAL OR DENIAL OF AUTHORIZATION.
‘‘(a) EPA DETERMINATION.—Whenever the Admin-
istrator determines after public hearing and opportunity
for public notice and comment that—
‘‘(1) a State is not administering and enforcing
a certified program in accordance with this part;
‘‘(2) a State is not administering a certified
State program in a manner that protects human
health and the environment from realistic and sig-
nificant risks in a manner substantially equivalent to
the guidelines under section 12011; or
‘‘(3) a State is not, where appropriate, admin-
istering a certified State program in a manner that
is substantially equivalent to the remedy selection
criteria set forth in section 12004,
the Administrator shall so notify the State, and if appro-
priate corrective action is not taken within a reasonable
time, not to exceed 90 days, the Administrator shall with-
draw certification of such program and establish a Federal
program pursuant to part 3 of this subtitle. The Adminis-
trator shall not withdraw certification of any such pro-
gram unless the Administrator shall first have notified the
State, and made public, in writing, the reasons for such
withdrawal.
‘‘(b) DUTIES OF ADMINISTRATOR AFTER DENIAL OR
WITHDRAWAL OF CERTIFICATION.—If the Administrator
239
denies final authorization of a State program or subse-
quently withdraws final authorization for a State remedi-
ation waste management program under this part, the Ad-
ministrator shall ensure completion of any ongoing reme-
dial action plan and establish a Federal remediation waste
management program in such State pursuant to part 3.
‘‘SEC. 12014. ENFORCEMENT.
‘‘Remedial actions plans that are adopted by a State
for remediation waste, other than remedial action plans
implementing section 3008(h), 3004(v) or 3004(u), shall
not be enforceable under section 3008 or 7002 of this Act
or section 6(e) or 7 of the Toxic Substances Control Act.
‘‘PART 3—EPA REMEDIATION WASTE PROGRAMS
‘‘SEC. 12021. ESTABLISHMENT OF EPA PROGRAM IN STATES
WITHOUT CERTIFIED PROGRAMS.
‘‘(a) EPA RULES.—Not later than 24 months after
enactment of this subtitle, the Administrator shall, in con-
sultation with Federal and State authorities and after no-
tice and opportunity for comment, promulgate regulations
for management by the Administrator under this part of
remediation wastes in any State which does not have a
program certified under part 2 of this title. Such regula-
tions shall protect human health and the environment
from realistic risks in a cost-effective and cost-reasonable
manner and shall—
240
‘‘(1) maintain flexibility in decisionmaking re-
garding cost-effective remedial strategies; and
‘‘(2) minimize disruption of existing, effective
State programs.
‘‘(b) EPA PROGRAMS.—After the effective date of the
regulations under subsection (a), and after notice and op-
portunity for public comment, including not less than 60
days notice to the State,the Administrator shall commence
implementing such regulations in any State without a re-
mediation waste management program certified under
part 2 of this subtitle. Upon the commencement of such
implementation in any State, the provisions of subtitle C
of this Act shall not apply to the generation, transpor-
tation, treatment, storage or disposal or other manage-
ment of remediation wastes in such State and such waste
shall not be considered hazardous waste for purposes of
this Act.
‘‘SEC. 12022. INSPECTIONS.
‘‘(a) ACCESS ENTRY.—For purposes of developing or
assisting in the development of any regulation or enforcing
the provisions of this part, any person who generates,
stores, treats, transports, disposes of, or otherwise handles
or has handled remediation wastes shall, upon request of
any officer, employee or representative of the Environ-
mental Protection Agency, duly designated by the Admin-
241
istrator, furnish information relating to remediation
wastes and permit such person at all reasonable times to
have access to, and to copy all records relating to such
remediation waste. For the purposes of developing or as-
sisting in the development of any regulation or enforcing
the provisions of this part, such officers, employees or rep-
resentatives are authorized—
‘‘(1) to enter at reasonable times any establish-
ment or other place where remediation wastes are or
have been generated, stored, treated, disposed of, or
transported from; and
‘‘(2) to inspect and obtain samples from any
person of any such remediation wastes and samples
of any containers or labelling for such wastes.
Each such inspection shall be commenced and completed
with reasonable promptness. If the officer, employee or
representative obtains any samples, prior to leaving the
premises, he shall give to the owner, operator, or agent
in charge a receipt describing the sample obtained and if
requested a portion of each such sample equal in volume
or weight to the portion retained. If any analysis is made
of such samples, a copy of the results of such analysis
shall be furnished promptly to the owner, operator, or
agent in charge.
242
‘‘(b) AVAILABILITY
TO
THE
PUBLIC.—(1) Any
records, reports, or information (including records, re-
ports, or information obtained by representatives of the
Environmental Protection Agency) obtained from any per-
son under this subtitle shall be available to the public, ex-
cept that upon a showing satisfactory to the Administrator
by any person that records, reports, or information (in-
cluding records, reports, or information obtained by rep-
resentatives of the Environmental Protection Agency), or
particular part thereof, to which the Administrator or any
officer, employee or representative thereof has access
under this section if made public, would divulge informa-
tion (including records, reports, or information obtained
by representatives of the Environmental Protection Agen-
cy) entitled to protection under section 1905 of title 18
of the United States Code, such information or particular
portion thereof shall be considered confidential in accord-
ance with the purposes of that section and not available
to the public, except that such record, report, document,
or information may be disclosed to other officers, employ-
ees, or authorized representatives of the United States
concerned with carrying out this Act, or when relevant in
any proceeding under this Act.
‘‘(2) Any person not subject to the provisions of sec-
tion 1905 of title 18 of the United States Code who know-
243
ingly and willfully divulges or discloses any information
(including records, reports, or information obtained by
representatives of the Environmental Protection Agency)
entitled to protection under this subsection shall, upon
conviction, be subject to a fine of not more than $5,000
or to imprisonment not to exceed one year, or both.
‘‘(3) In submitting data under this part, a person re-
quired to provide such data may—
‘‘(A) designate the data which such person be-
lieves is entitled to protection under this paragraph,
and
‘‘(B) submit such designated data separately
from other data submitted under this part.
A designation under this paragraph shall be made in writ-
ing and in such manner as the Administrator may pre-
scribe.
‘‘(4) Notwithstanding any limitation contained in this
section or any other provision of law, all information (in-
cluding records, reports, or information obtained by rep-
resentatives of the Environmental Protection Agency) re-
ported to, or otherwise obtained by, the Administrator (or
any representative of the Administrator) under this Act
shall be made available, upon written request of any duly
authorized committee of the Congress, to such committee
244
(including records, reports, or information obtained by
representatives of the Environmental Protection Agency.
‘‘SEC. 12023. ENFORCEMENT.
‘‘(a) COMPLIANCE ORDERS.—(1) Except as provided
in paragraph (2), whenever on the basis of any informa-
tion the Administrator determines that any person has
violated or is in violation of any requirement of this part,
the Administrator may issue an order assessing a civil
penalty for any past or current violation, requiring compli-
ance immediately or within a specified time period, or
both, or the Administrator may commence a civil action
in the United States district court in the district in which
the violation occurred for appropriate relief, including a
temporary or permanent injunction.
‘‘(2) Any order issued pursuant to this subsection
may include a suspension or revocation of any permit is-
sued by the Administrator or a State under this part and
shall state with reasonable specificity the nature of the vio-
lation. Any penalty assessed in the order shall not exceed
$25,000 per day of noncompliance for each violation of
a requirement of this part. In assessing such a penalty,
the Administrator shall take into account the seriousness
of the violation and any good faith efforts to comply with
applicable requirements.
245
‘‘(b) PUBLIC HEARING.—Any order issued under this
section shall become final unless, no later than thirty days
after the order is served, the person or persons named
therein request a public hearing. Upon such request the
Administrator shall promptly conduct a public hearing. In
connection with any proceeding under this section the Ad-
ministrator may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant pa-
pers, books, and documents, and may promulgate rules for
discovery procedures.
‘‘(c) VIOLATION OF COMPLIANCE ORDERS.—If a vio-
lator fails to take corrective action within the time speci-
fied in a compliance order, the Administrator may assess
a civil penalty of not more than $25,000 for each day of
continued noncompliance with the order and the Adminis-
trator may suspend or revoke any remedial action plan
issued to the violator.
‘‘(d) CRIMINAL PENALTIES.—Any person who—
‘‘(1) knowingly transports or causes to be
transported or knowingly treats, stores, or disposes
of any remediation waste in knowing violation of any
material condition or requirement of any applicable
regulation under this part;
‘‘(2) knowingly omits material information or
makes any false statement or representation in any
246
document filed, maintained, or used for purposes of
compliance with regulations promulgated by the Ad-
ministrator under this part; or
‘‘(3) knowingly handles any remediation waste
under this part (whether such activity took place be-
fore or takes place after the date of the enactment
of this paragraph) and who knowingly destroys, al-
ters, conceals, or fails to file any record, application,
manifest, report, or other document required to be
maintained or filed for purposes of compliance with
regulations promulgated by the Administrator under
this part;
shall, upon conviction, be subject to a fine of not more
than $50,000 for each day of violation, or imprisonment
not to exceed two years (five years in the case of a viola-
tion of paragraph (1) or (2)), or both. If the conviction
is for a violation committed after a first conviction of such
person under this paragraph, the maximum punishment
under the respective paragraph shall be doubled with re-
spect to both fine and imprisonment.
‘‘(e) KNOWING ENDANGERMENT.—Any person who
knowingly handles and remediation wastes in violation of
paragraph (1), (2), or (3) of subsection (d) of this section
who knows at that time that he thereby places another
person in imminent danger of death or serious bodily in-
247
jury, shall, upon conviction, be subject to a fine of not
more than $250,000 or imprisonment for not more than
fifteen years, or both. A defendant that is an organization
shall, upon conviction of violating this subsection, be sub-
ject to a fine of not more than $1,000,000.
‘‘(f) SPECIAL RULES.—For the purposes of sub-
section (e)—
‘‘(1) A person’s state of mind is knowing with
respect to—
‘‘(A) his conduct, if he is aware of the na-
ture of his conduct;
‘‘(B) an existing circumstance, if he is
aware or believes that the circumstance exists;
or
‘‘(C) a result of his conduct, if he is aware
or believes that his conduct is substantially cer-
tain to cause danger of death or serious bodily
injury.
‘‘(2) In determining whether a defendant who is
a natural person knew that his conduct placed an-
other person in imminent danger of death or serious
bodily injury—
‘‘(A) the person is responsible only for ac-
tual awareness or actual belief that he pos-
sessed; and
248
‘‘(B) knowledge possessed by a person
other than the defendant but not by the defend-
ant himself may not be attributed to the de-
fendant:
Provided, That in proving the defendant’s possession
of actual knowledge, circumstantial evidence may be
used, including evidence that the defendant took af-
firmative steps to shield himself from relevant infor-
mation.
‘‘(3) It is an affirmative defense to a prosecu-
tion that the conduct charged was consented to by
the person endangered and that the danger and con-
duct charged were reasonably foreseeable hazards
of—
‘‘(A) an occupation, a business, or a pro-
fession; or
‘‘(B) medical treatment or medical or sci-
entific experimentation conducted by profes-
sionally approved methods and such other per-
son had been made aware of the risks involved
prior to giving consent.
The defendant may establish an affirmative defense
under this subsection by a preponderance of the evi-
dence.
249
‘‘(4) All general defenses, affirmative defenses,
and bars to prosecution that may apply with respect
to other Federal criminal offenses may apply under
subsection (e) and shall be determined by the courts
of the United States according to the principles of
common law as they may be interpreted in the light
of reason and experience. Concepts of justification
and excuse applicable under this section may be de-
veloped in the light of reason and experience.
‘‘(5) The term ‘organization’ means a legal en-
tity, other than a government, established or orga-
nized for any purpose, and such term includes a cor-
poration, company, association, firm, partnership,
joint stock company, foundation, institution, trust,
society, union, or any other association of persons.
‘‘(6) The term ‘serious bodily injury’ means—
‘‘(A) bodily injury which involves a sub-
stantial risk of death;
‘‘(B) unconsciousness;
‘‘(C) extreme physical pain;
‘‘(D) protracted and obvious disfigurement;
or
‘‘(E) protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty.
250
‘‘(g) CIVIL PENALTY.—Any person who violates any
requirement of this part shall be liable to the United
States for a civil penalty in an amount not to exceed
$25,000 for each such violation. Each day of such viola-
tion shall, for purposes of this subsection, constitute a sep-
arate violation.
‘‘SEC. 12024. RETENTION OF STATE AUTHORITY.
‘‘Upon the effective date of regulations under this
part, no State or political subdivision may impose any re-
quirements less stringent than those authorized under this
part respecting the same matter as governed by such re-
quirements or regulations, except that if application of a
requirement or regulation with respect to any matter
under this part is postponed or enjoined by the action of
any court, no State or political subdivision shall be prohib-
ited from acting with respect to the same aspect of such
matter until such time as such requirement or regulation
takes effect. Nothing in this part shall be construed to
prohibit any State or political subdivision thereof from im-
posing any requirements which are more stringent than
those imposed by such regulations. This section shall not
apply in any State upon the certification of a State pro-
gram for that State under part 2. Nothing in this part
shall prevent a State from specifying or incorporating by
251
reference regulations promulgated under subtitle C of this
Act as part of its State law.’’.
SEC. 902. UNDERGROUND STORAGE TANK REMEDIATION.
Section 9003 of the Solid Waste Disposal Act (42
U.S.C. 6991b) is amended by adding at the end the follow-
ing:
‘‘(i) REMEDIATION WASTES.—Notwithstanding any
other provision of this Act, petroleum-contaminated media
and debris that fail the toxicity characteristic, issued by
the Administrator under section 3001 of this Act (42
U.S.C. 6921), due to organic constituents shall not be haz-
ardous wastes for the purposes of subtitle C of this Act
when managed pursuant to this section.’’.
SEC. 903. LIMITATION OF LIABILITY UNDER SOLID WASTE
DISPOSAL ACT.
The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding at the end of section
9003(h)(9) the following sentence: ‘‘This definition shall
be construed to be parallel and comparable to that speci-
fied in section 107(o) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (relating to lender liability).’’.
TITLE X—FUNDING
Subtitle A—Expenditures from the Hazardous Substance Superfund
Sec. 1001. Expenditures from the hazardous substance superfund.
Sec. 1002. Authorization of appropriations from general revenues.
252
Subtitle B—5–Year Extension of Hazardous Substance Superfund
Sec. 1011. 5-year extension of hazardous substance superfund.
Subtitle A—Expenditures from the
Hazardous Substance Superfund
SEC. 1001. EXPENDITURES FROM THE HAZARDOUS SUB-
STANCE SUPERFUND.
(a) EXPENDITURES.—Section 111 (42 U.S.C. 9611)
is amended by striking out subsections (a), (b), (c), (d),
and (e) and inserting in lieu thereof the following:
‘‘(a) EXPENDITURES FROM HAZARDOUS SUBSTANCE
SUPERFUND.—
‘‘(1) 
SUBSECTION
(b) 
EXPENDITURES.—
Amounts appropriated to the Hazardous Substance
Superfund after January 1, 1996, pursuant to sec-
tion 9507(b)(1) of the Internal Revenue Code of
1986 and amounts credited under section 9602(b) of
such Code with respect to those appropriated
amounts are available, may be used only for the pur-
poses specified in subsection (b) of this section, and
shall remain available until expended.
‘‘(2) 
SUBSECTION
(c) 
EXPENDITURES.—
Amounts appropriated to the Hazardous Substance
Superfund pursuant to paragraphs (2), (3), (4), (5),
or (6) of section 9507(b) of the Internal Revenue
Code of 1986 and amounts credited under section
9602(b) of such Code with respect to those appro-
253
priated amounts shall be available as provided in ap-
propriations Acts and may be used for the purposes
specified in subsection (c) of this section.
‘‘(b) RESPONSE, REMOVAL, AND REMEDIATION.—
The President shall use amounts in the Fund as made
available by subsection (a)(1) for costs of response, re-
moval, and remediation (and administrative costs directly
related to such costs), including the following:
‘‘(1) GOVERNMENT
RESPONSE
COSTS.—Pay-
ment of governmental response costs incurred pursu-
ant to section 104 of this title, including costs in-
curred pursuant to the Intervention on the High
Seas Act.
‘‘(2) PRIVATE RESPONSE COST CLAIMS.—Pay-
ment of any claim for necessary response costs in-
curred by any other person as a result of carrying
out the national contingency plan established under
section 105 of this title, if such costs are approved
under such plan, are reasonable in amount based on
open and free competition or fair market value for
similar available goods and services, and are cer-
tified by the responsible Federal official.
‘‘(3) ACQUISITION
COSTS
UNDER
SECTION
104(j).—The costs incurred by the President in ac-