Administrator shall issue regulations to determine a
State’s eligibility for authorization and to establish
a process and criteria for withdrawal of such an au-
thorization. A State shall be considered eligible for
authorization if the Administrator determines that
the State possesses the legal authority, technical ca-
pability, and resources necessary to conduct re-
sponse actions and enforcement activities in a man-
ner that is substantially consistent with this Act and
the National Contingency Plan at the facilities listed
or proposed for listing on the National Priorities
List for which it seeks authorization.
‘‘(b) AUTHORIZED USE OF FUNDS.—At facilities list-
ed on the National Priorities List for which a State is au-
thorized under subsection (a), and at facilities listed on
the National Priorities List which are referred to a State
under subsection (b), the State shall be eligible for re-
sponse action financing from the Fund and the Retro-
active Liability Fund. The Administrator shall ensure that
all allocations of the Fund and the Retroactive Liability
Fund to the States for the purpose of undertaking site-
specific response actions are based primarily on the rel-
ative risks to human health and the environment posed
by the facilities eligible for funding. The amount of Fund
and Retroactive Liability Fund financing for a State-se-
lected response action at a facility listed on the National
Priorities List shall—
‘‘(1) take into account the number and financial
viability of parties identified as potentially liable for
response costs at such facility, and
‘‘(2) be limited to the amount necessary to
achieve a level of response that is not more stringent
than that required under this Act.
A State also may obtain Fund financing to develop and
enhance its capacity to undertake response actions and en-
forcement activities. The Administrator, in consultation
with the States, shall establish, within 1 year after the
date of enactment of the Comprehensive Superfund Im-
provement Act, specific criteria for allocating expenditures
from the Fund and the Retroactive Liability Fund among
States for the purposes of undertaking response actions
and enforcement activities at referred and State-author-
ized facilities, and building State capacities to undertake
such response actions and enforcement activities.
‘‘(c) STATE COST SHARE.—Notwithstanding section
104(c)(3)(C) of this Act, a State shall pay or assure pay-
ment of 10 percent of the costs of all response actions
(including response actions at facilities operated by the
State or a political subdivision of the State) for which the
State receives funds from the Fund under this section. A
State that receives funds from the Retroactive Liability
Fund under this section shall not be subject to any cost
share requirements for the receipt of those funds.
‘‘(d) TERMS AND CONDITIONS; COST RECOVERY.—
A contract or agreement for a State authorization or refer-
ral under this section is subject to such terms and condi-
tions as the Administrator prescribes. The terms and con-
ditions shall include requirements for periodic auditing
and reporting of State expenditures from the Fund and
the Retroactive Liability Fund. The contract or agreement
may cover a specific facility, a category of facilities, or
all facilities listed or proposed to be listed on the National
Priorities List in the State. The contract or agreement
shall require the State to seek cost recovery, as con-
templated by this Act, of all expenditures from the Fund.
Ten percent of the moneys recovered by the State may
be retained by the State for use in its hazardous substance
response program, and the remainder shall be returned
to the Fund. Before making further allocations from the
Fund to any State, the Administrator shall take into con-
sideration the effectiveness of the State’s enforcement pro-
gram and cost recovery efforts.
‘‘(e) ENFORCEMENT OF AGREEMENTS.—If the Ad-
ministrator enters into a contract or agreement with a
State pursuant to this section, and the State fails to com-
ply with any terms and conditions of the contract or agree-
ment, the Administrator, after providing 60 days notice,
may withdraw the State authorization or referral, or seek
in the appropriate Federal district court to enforce the
contract or agreement to recover any funds advanced or
any costs incurred because of the breach of the contract
or agreement by the State.
‘‘(f) MORE STRINGENT STATE STANDARDS.—Under
either an authorization or referral, a State may select a
response action that achieves a level of cleanup that is
more stringent than required under section 121 of this
Act if the State agrees to pay for the incremental increase
in response cost attributable to achieving the more strin-
gent cleanup level. Neither the Fund, the Retroactive Li-
ability Fund, nor any party liable for response costs shall
incur costs in excess of those necessary to achieve a level
of cleanup required under section 121 of this Act.
‘‘(g) OPPORTUNITY
FOR PUBLIC COMMENT.—The
Administrator shall make available, for public review and
comment, applications for authorization under subsection
(a) and applications for referral under subsection (b). The
Administrator shall not approve or withdraw authorization
or referral from a State unless the Administrator notifies
the State, and makes public, in writing, the reasons for
such approval or withdrawal.
‘‘(h) PERIODIC REVIEW
OF AUTHORIZED STATE
PROGRAMS AND REFERRALS.—The Administrator shall
conduct a periodic review of authorized State programs
and referrals to determine, among other things, whether—
‘‘(1) the response actions were selected and con-
ducted in a manner that was substantially consistent
with this Act, the National Contingency Plan, and
the contract or agreement between the Adminis-
trator and the State;
‘‘(2) the State response costs financed by Fund
and Retroactive Liability Fund expenditures were in-
curred in the manner agreed to by the State, in ac-
cordance with the contract or agreement between the
Administrator and the State; and
‘‘(3) the State’s cost recovery efforts and other
enforcement efforts were conducted in accordance
with the contract or agreement between the Admin-
istrator and the State.
Within 1 year after the date of enactment of the Com-
prehensive Superfund Improvement Act, the Adminis-
trator, in consultation with the States, shall develop spe-
cific criteria for periodic reviews of authorized State pro-
grams and referrals. The Administrator shall establish a
mechanism to make the periodic State reviews available
to the public.’’.
(b) TRANSITION AND CONFORMING AMENDMENTS.—
(1) Sections 104(c)(5), 104(c)(7), 104(d)(1),
and 104(d)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
are each amended by inserting after the heading in
each paragraph the following—‘‘This paragraph ap-
plies only to response actions for which a Record of
Decision or other decision document is signed before
the date of enactment of the Comprehensive
Superfund Improvement Act.’’.
(2) Section 114(a) of such Act is amended by
striking ‘‘Nothing’’ and inserting—‘‘Except as other-
wise provided in this Act, nothing’’.
(3) Paragraph (1) of section 121(f) of such Act
is amended to read as follows: ‘‘(1) The President
may repeal, no earlier than one year after the pro-
mulgation of final regulations under sections
127(a)(3) and 127(b)(3), the regulations issued
under this paragraph prior to the date of enactment
of the Comprehensive Superfund Improvement
Act.’’.
(4) Paragraphs (2) and (3) of section 121(f) of
such Act are each amended in the second sentence
of subparagraph (A) by striking ‘‘does not attain a
legally applicable or relevant and appropriate stand-
ard, requirement, criteria, or limitation, under the
authority of subsection(d)(4)’’ and inserting in lieu
thereof ‘‘is not relevant and appropriate under
subsection(d),’’.
(5) Section 302(d) of such Act is amended by
striking ‘‘Nothing’’ and inserting—‘‘Except as other-
wise provided in this Act, nothing’’.
SEC. 202. TRANSFER OF AUTHORITIES.
Section 120(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(g)) is amended by inserting after ‘‘the Envi-
ronmental Protection Agency,’’ the following: ‘‘and except
as provided in section 127,’’.
SEC. 203. EPA OVERSIGHT COSTS.
(a) OVERSIGHT COST ACCOUNTING
AND APPEAL
PROCEDURE.—Section 104(a) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(a)) is amended by adding at the
end the following new paragraph:
‘‘(5) OVERSIGHT COST ACCOUNTING AND APPEAL
PROCEDURE.—(A) The President shall maintain detailed
and timely records of the costs incurred under, or in con-
nection with, any oversight contract or arrangement re-
ferred to in paragraph (1). The President shall submit
such records to the responsible party that has agreed to
(1) by redesignating paragraphs (1), (2), (3),
and (4) as paragraphs (2), (3), (4), and (5), respec-
tively;
(2) in paragraph (5) (as redesignated), by strik-
ing out ‘‘paragraph (3)’’ and inserting in lieu thereof
‘‘paragraph (4)’’; and
(3) by inserting after ‘‘(a)’’ the following new
paragraph (1): ‘‘(1) IMMEDIATE RISK REDUCTION
MEASURES.—
‘‘(A) AUTHORITY TO ACT.—Whenever any haz-
ardous substance, pollutant, or contaminant is re-
leased or there is a substantial threat of such a re-
lease into the environment, and such release may
present an imminent and substantial danger to the
public health, the President, or the State in the case
of a facility for which a State has responsibility
under section 127, is authorized to act to minimize
and prevent to the extent possible the endangerment
to the public health.
‘‘(B) TYPES OF MEASURES ALLOWED.—The ac-
tions that the President or a State may take under
this paragraph (hereinafter in this section referred
to as ‘immediate risk reduction measures’) may in-
clude but are not limited to the following:
‘‘(i) The removal of waste from barrels,
tanks, or lagoons.
‘‘(ii) The provision of alternative water
supplies or point-of-use treatment.
‘‘(iii) The prevention of discharges to sur-
face waters or ground waters.
‘‘(iv) The installation of fencing.
‘‘(v) The institution of other institutional
controls.
‘‘(C) MEASURES PROHIBITED.—The authority
provided by this paragraph does not include author-
ity for the President or a State to institute long-
term remediation measures.
‘‘(D) TIMING.—The President or a State shall
commence immediate risk reduction measures under
this paragraph—
‘‘(i) in the case of a facility that is not list-
ed on the National Priorities List, as soon as
practicable after the President or the State be-
comes aware of an endangerment to the public
health; and
‘‘(ii) in the case of a facility that is listed
on the National Priorities List, not later than
60 days after the facility is so listed.
‘‘(E) COST
EFFECTIVENESS.—Any immediate
risk reduction measure carried out under this para-
graph shall be conducted in the most cost-effective
manner practicable.
‘‘(F) FUNDING.—The Fund may be used to pay
for immediate risk reduction measures taken under
this paragraph. The President may (in accordance
with Title V) recover the costs of such measures
from any person determined to be liable for such
costs but, in the case of measures costing less than
$1,000,000, the President may choose not to recover
such costs.
‘‘(G) JUDICIAL REVIEW.—The decision of the
President or a State to act under this subsection is
subject to review as provided in chapter 7 of title 5,
United States Code, except that a reviewing court
may set aside an action only if it is found to be arbi-
trary, capricious, an abuse of discretion, or other-
wise not in accordance with law. Review may be had
only in the United States district court for the dis-
trict in which the facility or site is located.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 302. SITE SCORING.
Section 105(c)(1) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605(c)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘REVISION.—’’;
and
(2) by adding at the end: the following new sub-
paragraph:
‘‘(B)(i) After the date of enactment of the Com-
prehensive Superfund Improvement Act, the hazard
ranking system shall be applied to a site or facility
only after the site or facility has undergone imme-
diate risk reduction measures pursuant to section
104(a)(1). In applying such ranking system, condi-
tions existing at the site or facility before the imme-
diate risk reduction measures were taken shall not
be taken into account.
‘‘(ii) Clause (i) shall apply to all sites and facili-
ties to be newly listed on the National Priorities List
after such date of enactment and to any sites al-
ready so listed as of such date of enactment but for
which a remedial investigation and feasibility study
has not been conducted as of such date.
‘‘(iii) As soon as practicable after such date of
enactment, the President shall revise the hazard
ranking system regulations to reflect the require-
ments this subparagraph. ’’.
SEC. 303. LONG-TERM RESPONSE PLAN.
(a) IN GENERAL.—Section 104(a) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980, as amended by section 301, is further
amended by adding at the end the following new para-
graph:
‘‘(6) LONG-TERM RESPONSE PLAN.—
‘‘(A) IN GENERAL.—Before carrying out or al-
lowing another person to carry out a response action
at a facility under this subsection, the President, or
the State in the case of a facility for which a State
has responsibility under section 127, shall prepare a
long-term response plan (hereinafter in this section
referred to as an ‘LTRP’ or ‘plan’) for such facility.
The President or State may allow a potentially re-
sponsible party to prepare such a plan and to carry
out the elements of the plan listed in clauses (i), (ii),
and (iv) of subparagraph (B).
‘‘(B) ELEMENTS OF LTRP.—The LTRP shall
address the following elements:
‘‘(i) SITE
CHARACTERIZATION.—The site
characterization element of the plan shall deter-
mine the type, nature, and extent of contamina-
tion at the facility, including the location of the
sources of the release or threatened release.
The site characterization component shall be
completed within 12 months after a facility is
listed on the National Priorities List.
‘‘(ii) RISK ASSESSMENT.—The risk assess-
ment element of the plan shall be carried out in
accordance with paragraph (7). The risk assess-
ment component shall be performed simulta-
neously with the site characterization compo-
nent and shall be completed within 12 months
after a facility is listed on the National Prior-
ities List.
‘‘(iii) COMMUNITY ADVISORY COUNCILS.—
The plan shall take into account any rec-
ommendations made by the community advisory
council for the facility created under section
117(f). The council shall provide its rec-
ommendations with respect to the facility within
12 months after a facility is listed on the Na-
tional Priorities List.
‘‘(iv) 
RESPONSE
OPTION
IDENTIFICA-
TION.—The response option identification ele-
ment of the plan shall be carried out in accord-
ance with paragraph (8) during the 3-month
period beginning on the date on which the ele-
ments listed in clauses (i) through (iii) are com-
pleted.
‘‘(C) APPLICABILITY.—(i) A long-term response
plan shall be required for the following:
‘‘(I) A facility to be newly listed on the
National Priorities List after the date of enact-
ment of the Comprehensive Superfund Improve-
ment Act.
‘‘(II) A facility or site listed on the Na-
tional Priorities List as of such date of enact-
ment but for which a remedial investigation and
feasibility study has not been conducted as of
such date.
‘‘(III) A facility or site listed on the Na-
tional Priorities List as of such date of enact-
ment, for which a remedial investigation and
feasibility study has been conducted as of such
date, but for which a contract has not been exe-
cuted for remedial design and remedial action
as of such date, if the potentially responsible
parties and the State in which the facility or
site is located agree, within 30 days after such
date, to subject themselves to the requirements
of an LTRP.
‘‘(ii) A long-term response plan shall not be re-
quired for any facility or site with respect to which
a contract has been executed for remedial design
and remedial action as of such date of enactment. ’’.
(b) RISK ASSESSMENTS.—(1) Section 104(a) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9604(a)), as amend-
ed by section 301 and this section, is further amended
by adding at the end the following new paragraph:
‘‘(7) RISK ASSESSMENTS.—
‘‘(A) IN GENERAL.—In carrying out a remedial
investigation with respect to a facility, the President
or other person carrying out the investigation shall
assess the risk to human health and the environment
presented by the release or threat of release of a
hazardous substance, pollutant, or contaminant. The
risk assessment component of the remedial investiga-
tion shall be carried out in compliance with regula-
tions promulgated by the President. The President
shall ensure that the regulations do not conflict with
regional or State guidance on risk assessments. At
a minimum, the regulations shall—
‘‘(i) require risk assessments to use expo-
sure factors that accurately describe site or fa-
cility conditions; and
‘‘(ii) require that values used to describe
quantities of a substance consumed by people
accurately reflect average conditions.
‘‘(B) CURRENT RISK VERSUS FUTURE RISK.—
In carrying out the risk assessment component of
the remedial investigation, the President or other
person carrying out the assessment shall separately
evaluate (i) the current risks, and (ii) the likely fu-
ture risks, to human health and the environment,
based on current and likely future land use of the
site. If the President determines that one or more
such risks exist and warrant remedial action, the
President shall specify in the record of decision
which risks support the decision for remedial action,
which risks are current risks, and which risks are
likely future risks.
‘‘(C) BEST ESTIMATES VERSUS WORST CASE.—
In carrying out the risk assessment component of
the remedial investigation, the President or other
person carrying out the assessment shall rely to the
maximum extent practicable on actual data rather
than on assumptions. The President or other person
shall provide the most plausible estimate of any risk
to human health and the environment. The Presi-
dent or other person also shall describe any assump-
tions or uncertainties that pertain to such estimate,
including the likelihood of human exposure actually
occurring. Whenever the President or other person
considers it feasible, the President shall provide a
quantitative estimate of the uncertainty associated
with the most plausible estimate of the risk.’’.
(2) PERFORMANCE
OF
RISK
ASSESSMENTS
BY
PRPS.—Section 104(a)(1) of such Act is amended in the
second sentence—
(A) by striking out ‘‘may’’ and inserting in lieu
thereof ‘‘shall’’; and
(b) by inserting after ‘‘remedial investigation’’
the following: ‘‘(including the risk assessment com-
ponent of the remedial investigation)’’.
(c) COMMUNITY ADVISORY COUNCILS.—Section 117
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9607) is
amended by adding at the end the following:
‘‘(f) COMMUNITY ADVISORY COUNCILS.—
‘‘(1) CREATION.—The Administrator shall cre-
ate a Community Advisory Council for each facility
listed on the National Priorities List. Such Council
shall be comprised of not more than 20 persons ap-
pointed by the Governor of the State in which the
facility is located from among persons in the com-
munity in which the facility is located. Each such
council shall represent a wide variety of local -inter-
ests.
‘‘(2) 
PURPOSE.—The 
Community 
Advisory
Councils shall provide information to potentially re-
sponsible parties, the Administrator, and the State
with regard to the future use of the facility and af-
fected off-site areas and resources. The councils
shall provide a public forum for citizens to voice con-
cerns regarding the response action to be taken and
the future use of the site.
‘‘(3) RECOMMENDATIONS.—The President and
the State shall take into consideration any rec-
ommendations made by a Community Advisory
Council in making decisions regarding any response
action under this title at the facility for which such
council was established.
‘‘(4) TECHNICAL
AND
ADMINISTRATIVE
SUP-
PORT FOR COMMUNITY ADVISORY COUNCILS.—The
Administrator’s regional offices shall provide admin-
istrative and technical services for Community Advi-
sory Councils, including technical assistance in un-
derstanding this title and the regulations under this
title.’’.