102
tionate to the risk to human health or the
environment.
‘‘(C) Institutional controls as part of a
permanent remedy. The President shall give
preference to using such controls at facilities
with low future risk (as determined in the risk
assessment component of a Long Term Re-
sponse Plan). Such controls include zoning ordi-
nances and other ordinances that restrict access
to or use of property (including groundwater
management zones), physical barriers that re-
strict access to property (such as fences), and
such other controls as the President (or State)
considers appropriate.
‘‘(4) PREFERENCE FOR CERTAIN TYPE OF AC-
TION.—In selecting a response action, the President
(or State) shall, with reference to the factors set
forth in section 121(b)(2) prefer response actions
that significantly reduce the volume, toxicity, or mo-
bility of the hazardous substances, pollutants, and
contaminants, or that significantly reduce actual or
threatened exposure to such hazardous substances,
pollutants, or contaminants.
‘‘(5) LIMITATION
ON
STANDARDIZED
REM-
EDIES.—The President (or State) shall not select a
103
response action that is a standardized remedy in any
case in which the use of an alternative technology
would be less expensive but as protective of health
and the environment as the standardized remedy.
For purposes of this paragraph, the term ‘standard-
ized remedy’ means a remedy that is determined by
the President to be protective of human health and
the environment for a category of facilities.
‘‘(6) COMPLIANCE BOUNDARIES.— The Presi-
dent (or State), in determining the boundaries with-
in which a response action is to be achieved, shall
extend site or facility boundaries to include areas
subject to easements or other institutional controls,
such as zones of groundwater management.
‘‘(7) JUDICIAL REVIEW.—The selection of a re-
sponse action by the President or a State under this
subsection is subject to review as provided in chapter
7 of title 5, United States Code, except that a re-
viewing court may set aside an action only if it is
found to be arbitrary, capricious, an abuse of discre-
tion, or otherwise not in accordance with law. Re-
view may be had only in the United States district
court for the district in which the facility or site is
located. In any such review, the facts of the case are
subject to a trial de novo by the reviewing court.
104
Any appeal of the selection of a response action shall
be filed within 60 days after the selection is made.
‘‘(8) DEADLINE
FOR
IMPLEMENTATION
TO
BEGIN.—The implementation of a response action
selected pursuant to this section shall begin no later
than 60 days after the selection has been made
and—
‘‘(i) an appeal of such selection has been
filed and a court has finally acted upon such
appeal; or
‘‘(ii) the time for filing an appeal of such
selection has expired and no appeal has been
filed.’’.
(c) REPEAL OF ARARS CLEANUP STANDARDS.—
Section 121(d) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(d)) is amended—
(1) by striking out paragraphs (2), (3), and (4);
and
(2) by striking out ‘‘(1)’’.
(d) APPLICABILITY.—The amendments made by this
section shall apply with respect to any facility or site with
respect to which—
105
(1) no contract for remedial design and reme-
dial action has been executed as of the date of the
enactment of this Act; and
(2) the pertinent parties have not opted to sub-
ject themselves to the long-term response plan and
related requirements within 30 days after such date
of enactment (as described in section 104(a)(6)(C)).
(e) 
CROSS
REFERENCE
AMENDMENT.—Section
104(c)(4) of such Act is amended to read as follows:
‘‘(4) SELECTION
OF
RESPONSE.—The President
shall select response actions to carry out this section in
accordance with section 121 of this Act.’’.
SEC. 305. PERIODIC REVIEW.
Section 121(c) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(c)) is amended by striking out the first two
sentences and inserting in lieu thereof the following: ‘‘The
President, or the State in the case of a facility for which
a State has responsibility under section 127, shall review
each response action selected under this section not less
often than once every 5 years after the initiation of the
action to assure that human health and the environment
are being protected by the action being implemented. If
upon such review it is the judgment of the President or
State that additional actions are appropriate at such site
106
in accordance with section 104, the President or State
shall take or require such action, including a supplemental
long-term response plan under section 104. In the case
of a review carried out by the President, if it is the judg-
ment of the President that additional actions are appro-
priate at such site in accordance with section 106, the
President or State shall take or require such action.’’.
SEC. 306. DELISTING OF FACILITIES AND SITES.
Section 105 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9605) is amended by adding at the end the follow-
ing new subsection:
‘‘(h) DELISTING OF FACILITIES AND SITES.—After
a response action selected for a site or facility achieves
the cleanup goal set for such facility under section 121(a),
the President shall delist the site or facility from the Na-
tional Priorities List. Such delisting may occur even if
monitoring or operation and maintenance are being con-
ducted at the facility.’’.
TITLE IV—FUNDING
SEC. 401. 5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE
SUPERFUND.
(a) EXTENSION OF TAXES.—
(1) The following provisions of the Internal
Revenue Code of 1986 are each amended by striking