I
105TH CONGRESS
1ST SESSION
H. R. 1206
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 to protect human health and the environment and promote economic
development.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. VISCLOSKY introduced the following bill; which was referred to the Com-
mittee on Commerce, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
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 to
protect human health and the environment and promote
economic development.
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:
(1) Nationwide, older abandoned or under-used
commercial 
and 
industrial 
sites 
known 
as
brownfields are often overlooked for redevelopment
because of real or perceived contamination from past
commercial or industrial activities.
(2) Reuse of these sites often requires site as-
sessment and cleanup, adding costs and uncertain-
ties to the redevelopment process, and prompting
many developers to pursue cheaper, less complicated
development options on undeveloped sites.
(3) Industrialized metropolitan areas and small
towns alike are affected adversely by these compet-
ing pressures, as loss of tax revenues and job oppor-
tunities for community residents lead to a deteriora-
tion of the urban environment, including the pres-
ence of unremediated environmental contamination.
(4) States have created remedial action pro-
grams to allow a person to respond voluntarily to a
release or suspected release of hazardous substances
at low and medium priority facilities. Such programs
have flourished due to the States’ ability to stream-
line duplicative State and Federal regulatory re-
quirements and affect a timely, cost-effective, and
environmentally protective cleanup of sites.
(5) The benefits of State voluntary cleanup pro-
grams would be significantly enhanced in the context
of a Federal system that encourages Federal-State
partnerships, provides legal finality to the cleanup
process, and removes Federal requirements for cer-
tain procedural permits for cleanups conducted
under certified State voluntary cleanup programs.
(b) PURPOSE.—The purpose of this Act is to ensure
the quality of State brownfield cleanup and redevelopment
efforts by establishing Federal criteria for State voluntary
cleanup programs and to provide certainty by removing
the cleanup of eligible brownfield facilities and properties
remediated through certified State voluntary cleanup pro-
grams from coverage under certain other Federal laws.
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,
and publish in the Federal Register, certification criteria
under subsection (d) for State programs for the voluntary
cleanup of eligible facilities. If a State meets the criteria
for certification, 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 En-
vironmental Response, Compensation, and Liability Act of
1980 or the Solid Waste Disposal Act.
(b) CERTIFICATION OF STATE PROGRAMS.—The Ad-
ministrator shall certify a State program for the voluntary
cleanup of eligible facilities within 120 days after the Ad-
ministrator receives adequate documentation from the
State indicating that the State program meets the certifi-
cation criteria established under subsection (d).
(c) FEDERAL-STATE COOPERATION AND STATE CER-
TIFICATION.—The Administrator shall cooperate with the
State to ensure that State programs continue to meet the
terms of the certification issued pursuant to subsection
(b). The Administrator shall convene annual meetings to
discuss the status of the State program and to encourage
continuing dialogue. The Administrator shall notify the
State of any failure of the State program to continue to
meet the certification criteria established under subsection
(d) and shall assist the State in remedying such deficiency.
If any such deficiency is substantial and is not remedied
in a timely manner, the Administrator may withdraw the
certification. Withdrawal of certification shall not affect
any cleanup completed and approved by the State as of
the date of such withdrawal.
(d) CERTIFICATION CRITERIA.—In order for a State
voluntary cleanup program to be certified under this sec-
tion, the program shall meet each of the following criteria:
(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 meaningful public participation in the
development and implementation of cleanup plans
for eligible facilities. Public participation require-
ments shall include, but not be limited to, providing
opportunity for affected parties to review and com-
ment on cleanup documents and plans, and provid-
ing opportunity for public input to the remedy selec-
tion process. Affected parties shall include, but not
be limited to, local work force representatives, adja-
cent community residents, and local environmental
and health officials and other public interest organi-
zations.
(3) The program shall ensure that technical as-
sistance is available throughout each voluntary
cleanup.
(4) The program shall ensure that adequate re-
sources are available to carry out cleanup under the
program and to administer the program.
(5) The program shall ensure adequate over-
sight and enforcement authority.
(6) The program shall provide for a certifi-
cation from the State to the owner or prospective
purchaser of an eligible facility that the cleanup is
complete.
(e) ELIGIBLE FACILITIES.—For purposes of this Act,
the term ‘‘eligible facility’’ means a facility or property
that is a low- or medium-priority environmental hazard
for the State, but whose environmental contamination is
thought to be preventing the timely use, redevelopment,
or reuse of the facility or property, and is thought to be
limited in scope and readily assessable, except that such
term shall not include any of the following:
(1) A facility for which an abatement action has
been taken or is scheduled to be taken under section
106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or for
which an action has been taken or is scheduled to
be taken under section 7003 of the Solid Waste Dis-
posal Act.
(2) A facility that is the subject of a Federal
response action under section 104 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(3) A facility included on the National Prior-
ities List or proposed for inclusion and for which
documentation for listing has been prepared by the
State or the Administrator.
(4) A facility required to have a permit under
section 3005 of the Solid Waste Disposal Act that
does not have a permit under that section and does
not qualify for authorization to operate in interim
status under subsection (e) of that section.
(5) A land disposal unit with respect to which
a closure requirement under subtitle C of the Solid
Waste Disposal Act (42 U.S.C. 6921 et seq.) is sub-
mitted and closure requirements are specified in a
closure plan or permit.
(6) A facility that is the subject of a corrective
action under section 3004(u) or 3008(h) of the Solid
Waste Disposal Act (42 U.S.C. 5924(u) or 6928(h))
that has been evaluated as high priority under the
Environmental Protection Agency’s National Correc-
tive Action Priority System as set forth in regula-
tions under subtitle C of the Solid Waste Disposal
Act.
(7) A facility at which assistance for response
activities may be obtained pursuant to subtitle I of
the Solid Waste Disposal Act (42 U.S.C. 6991 et
seq.) from the Leaking Underground Storage Tank
Trust Fund established under section 9508 of the
Internal Revenue Code of 1986.
(8) A facility owned or operated by a depart-
ment, agency, or instrumentality of the United
States.
(f) RELATIONSHIP
TO PERMIT REQUIREMENTS.—
For any cleanup conducted under a State voluntary clean-
up program certified under this section, if the cleanup is
carried out in compliance with the certified program the
State may modify any procedural permit requirement in
order to expedite the cleanup.
SEC. 4. AUTHORITY UNDER CERCLA.
Notwithstanding subsection (a) of section 3, the Ad-
ministrator may—
(1) take any action authorized by section 103
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9603), or
(2) carry out investigations, monitoring, sur-
veys, testing, or other information gathering author-
ized under section 104(b) of such Act (42 U.S.C.
9604(b)) with respect to facilities that are subject to
a State voluntary response program, but only for
purposes of determining whether the facility quali-
fies for listing on the National Priorities List pursu-
ant to section 105 (42 U.S.C. 9605) of that Act.
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