filing of any such response. Each party shall have a
continuing obligation to supplement its response
upon the receipt of additional relevant information.
‘‘(3) ADDITIONAL
NOMINATIONS
OF
POTEN-
TIALLY
RESPONSIBLE
PARTIES.—The parties may
identify and nominate additional potentially respon-
sible parties until the expiration of the 120-day pe-
riod beginning on the date of filing of the petition.
Any nominations received by the Hearing Clerk after
that period may be disregarded by the allocation
panel. Each nomination shall include all reasonably
available information supporting the assertion that
the nominee is a liable party and shall be made at
the earliest possible time. Any party making an ad-
ditional nomination shall serve notice of such nomi-
nation on the nominated party and file a copy of
such notice with the Hearing Clerk. The nominated
party may file its initial response not later than 30
days after receipt of the notice. The allocation panel
may issue information requests and requests for the
production of documents to any nominated party at
any time.
‘‘(4) INITIAL LIST OF ALL POTENTIALLY RE-
SPONSIBLE PARTIES.—Within six months after the
filing of the petition, the allocation panel shall cause
to be published in the Federal Register and a news-
paper of general circulation in the State where the
site is located a list identifying all parties that the
allocation panel preliminarily deems to be potentially
responsible parties with respect to the site. The allo-
cation panel also shall attempt to mail a copy of the
list to all parties to the binding allocation of respon-
sibility. The allocation panel shall reject the nomina-
tion of any person as a liable party or potentially re-
sponsible party if it finds that the nomination al-
leges no connection between the nominated person
and the site. The allocation panel may also identify,
on its own motion or the motion of a potentially re-
sponsible party, additional potentially responsible
parties at any time before issuance of the final bind-
ing allocation of responsibility.
‘‘(c) DE MICROMIS PARTIES.—(1) Not later than six
months after the filing of the petition, the allocation panel
shall issue a list identifying all potentially responsible par-
ties that the allocation panel determines contributed only
one hundred pounds or one hundred liters of material con-
taining hazardous substances at the facility (or such
greater or lesser amount as the Administrator may deter-
mine by regulation), to be known as ‘de micromis parties’.
The allocation panel shall base the determination on an
evaluation of all evidence received at the time of the issu-
ance of the list with respect to the amount of hazardous
substances contributed by potentially responsible parties.
‘‘(2) The allocation panel shall notify each de
micromis party of its inclusion on the list issued under
paragraph (1) not later than 20 days after issuing the list.
‘‘(3) Any person included on the list of de micromis
parties is exempt from liability to the United States and
shall have no other liability (including liability for con-
tribution), under Federal or State law, to any person for
response actions or for any past, present, or future costs
incurred at the site, provided that the person takes no
other actions after being included on the list that would
give rise to a separate basis for liability under this Act.
‘‘(d) IDENTIFICATION OF LIABLE PARTIES AND DE-
TERMINATION OF ASSIGNED SHARES.—
‘‘(1) FIRST ALLOCATION ADVOCACY PAPER.—
Unless the allocation panel determines that it would
unduly delay the process, the guardian, the State,
and any potentially responsible party may file an al-
location advocacy paper with the Hearing Clerk not
later than 30 days after the publication of the initial
list of potentially responsible parties in the Federal
Register. Any such allocation advocacy paper, which
shall be served on the guardian, the State, and each
potentially responsible party, shall be a concise
statement, together with citations to relevant sup-
porting evidence and law, of the party’s position
with regard to—
‘‘(A) the legal and factual criteria that
should be used in determining whether a poten-
tially responsible party at the site is a liable
party; and
‘‘(B) how the allocation factors set forth in
subsection (g)(2) should be applied to deter-
mine the assigned share of each liable party.
‘‘(2) FIRST ALLOCATION REPORT.—Within 90
days after the publication of the initial list of poten-
tially responsible parties in the Federal Register, the
allocation panel shall issue its first allocation report
tentatively specifying the criteria to be used in iden-
tifying the liable parties, tentatively specifying how
the allocation factors will be applied to the case to
determine assigned shares, and setting forth the
process and schedule that will be used to allow par-
ties the opportunity to present written evidence and
argument regarding how such criteria and factors
apply to the case. The first allocation report shall be
served on the guardian, on the State, and on each
potentially responsible party.
‘‘(3) SECOND ALLOCATION ADVOCACY PAPER.—
The guardian, the State, and each potentially re-
sponsible party may file an allocation advocacy
paper with the Hearing Clerk not later than 60 days
after receipt of the first allocation report. The allo-
cation advocacy paper, which shall be served on the
guardian, the State, and each potentially responsible
party, shall be the primary opportunity for the
guardian, the State, and each potentially responsible
party to present evidence and argument regarding
how the liability criteria and the allocation factors
should be applied to such party and, if desired by
the person filing the paper, how those criteria and
factors should be applied to other potentially respon-
sible parties at the site.
‘‘(4) HEARING.—Any potentially responsible
party may request a hearing on the determination
that such party is a liable party and on the deter-
mination of its assigned share. The allocation panel
may hold such a hearing if the allocation panel de-
termines that it would expedite or materially assist
in the resolution of disputed factual or legal issues.
The allocation panel shall have broad discretion in
managing the conduct of any such hearing, including
limiting the time available to each party and requir-
ing that parties with generally similar interests be
represented by a single spokesperson or common
counsel. The allocation panel may allow or prohibit
the cross-examination of witnesses.
‘‘(5) RULE
OF
DECISION.—Any party may
present written evidence or argument on whether it,
or any other potentially responsible party, is a liable
party and on the appropriate assigned share for it-
self or any other potentially responsible party. A po-
tentially responsible party shall be deemed a liable
party if the allocation panel determines that the pre-
ponderance of the evidence supports the conclusion
that such party is liable.
‘‘(6) SECOND ALLOCATION REPORT.—Following
the submission of advocacy papers and at the con-
clusion of any hearings, the allocation panel shall
issue a second allocation report identifying all liable
parties at the site and specifying the assigned share
of each liable party. If the second allocation report
changes or expands the list of potentially responsible
parties or the criteria or factors set forth in the first
allocation report, then the second report shall so
specify and provide a brief explanation of any such
change. The second allocation report shall be served
on the guardian, the State, all potentially responsible
parties, and all liable parties.
‘‘(e) DETERMINATION OF ORPHAN SHARE.—
‘‘(1) ORPHAN SHARE ADVOCACY PAPER.—Un-
less the allocation panel determines that it would un-
duly delay the process, the guardian, the State, and
each liable party may file an orphan share advocacy
paper with the Hearing Clerk not later than the 30-
day period beginning on the date of issuance of the
second allocation report. The orphan share advocacy
paper shall be the primary opportunity for the
guardian, the State, and each liable party to present
written evidence and argument as to which liable
parties are orphan parties whose assigned share
should, in whole or in part, be assigned to the
orphan share.
‘‘(2) ORPHAN SHARE REPORT.—Following the
expiration of the 30-day period referred to in para-
graph (1), the allocation panel shall issue an orphan
share allocation report identifying the orphan share.
The orphan share report shall be served on the
guardian, the State, all potentially responsible par-
ties, and all liable parties.
‘‘(f) DETERMINATION OF NONLIABLE PARTIES.—(1)
At any time during the period beginning six months after