238
water, domestic sewage, or other waste water at or
by publicly owned or federally owned treatment
works.
‘‘(45) SITE
CHARACTERIZATION.—The term
‘site characterization’ means an investigation that
determines the nature and extent of a release or po-
tential release of a hazardous substance, pollutant,
or contaminant, and that includes an on site evalua-
tion and sufficient testing, sampling, and other field
data gathering activities to analyze whether there
has been a release or threat of a release of a hazard-
ous substance, pollutant, or contaminant, and the
health and environmental risks posed by such a re-
lease or threat of release. The investigation also may
include review of existing information (available at
the time of the review), an off-site evaluation, or
other measures that the Administrator considers ap-
propriate.
‘‘(46) OWNER, OPERATOR, OR LESSEE OF RESI-
DENTIAL PROPERTY.—The term ‘owner, operator, or
lessee of residential property’ refers to a person who
owns, operates, manages, or leases residential prop-
erty and who uses or allows the use of the residen-
tial property exclusively for residential purposes. The
term ‘residential property’ refers to single or multi-
239
family residences, including accessory land, build-
ings, or improvements incidental to such dwellings,
which are exclusively for residential use.
‘‘(47) SMALL BUSINESS.—The term ‘small busi-
ness’ refers to any business entity that employs no
more than 100 individuals and is a ‘small business
concern’ as defined under the Small Business Act
(15 U.S.C. 631 et seq.).
‘‘(48) SMALL NONPROFIT ORGANIZATION.—The
term ‘small nonprofit organization’ means any orga-
nization that does not distribute any part of its in-
come or profit to its members, directors, or officers,
employs no more than 100 paid individuals at the
involved chapter, office, or department, and was rec-
ognized as a non-profit organization under section
501(c)(3) of the Internal Revenue Code of 1986.
‘‘(49) SMALL
BUSINESS
CONSTRUCTION
CON-
TRACTOR.—The term ‘small business construction
contractor’ means a person who—
‘‘(A) is a small business as defined by
paragraph (47);
‘‘(B) is not—
‘‘(i) taking or required to take any re-
sponse action under this Act or any other
240
Federal or State law at the facility con-
cerned,
‘‘(ii) taking or required to take any
corrective action under the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) at
the facility concerned, or
‘‘(iii) otherwise responding to a re-
lease or threatened release of a hazardous
substance, pollutant, or contaminant at the
facility concerned;
‘‘(C) did not know or have reason to know
of the presence of hazardous substances at the
facility concerned before beginning construction
activities;
‘‘(D) provided all legally required notices
with respect to the discovery or release of any
hazardous substances at the facility; and
‘‘(E) exercised due care with respect to the
hazardous substances discovered in the course
of performing the construction activity, includ-
ing precautions against foreseeable acts of third
parties, taking into consideration the character-
istics of such hazardous substance, in light of
all relevant facts and circumstances.’’.
241
SEC. 607. RESPONSE CLAIMS PROCEDURES.
(a) 
AMENDMENT
OF
SECTION
111.—Section
111(a)(2) (42 U.S.C. 9611(a)(2)) is amended by inserting
after ‘‘under said plan’’ the phrase ‘‘, reasonable in
amount based on open and free competition or fair market
value for similar available goods and services,’’.
(b) AMENDMENT OF SECTION 112.—Section 112(a)
(42 U.S.C. 9612(a)(2)) is amended—
(1) in the first sentence, by adding after ‘‘un-
less such claim is’’ the following: ‘‘(1) accompanied
by an audit prepared by an independent, certified
public accountant, and (2)’’; and
(2) by inserting after the first sentence the fol-
lowing: ‘‘The Administrator reserves the right to re-
view such audits to determine that the costs for
which the claimant is seeking reimbursement are
consistent with section 111(a) and, where necessary,
withhold claims or a portion thereof which are incon-
sistent with section 111(a).’’.
SEC. 608. SMALL BUSINESS OMBUDSMAN.
The Administrator of the Environmental Protection
Agency shall establish a small business Superfund assist-
ance section within the small business ombudsman office
at the Environmental Protection Agency. Such section
shall carry out the following functions:
242
(1) Act as a clearinghouse of information for
small businesses regarding the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980. Such information shall be comprehen-
sible to a lay person and shall include information
regarding the allocation process under section 130 of
such Act, requirements and procedures for expedited
settlements pursuant to section 122(g) of such Act,
de minimis and de micromis status, and ability-to-
pay procedures.
(2) Provide general advice and assistance to
small businesses as to their questions and problems
concerning the allocation and settlement processes,
except that such advice and assistance shall not in-
clude any legal advice as to liability or any other
legal representation. The ombudsman shall not par-
ticipate in the allocation process.
(3) Develop proposals and make recommenda-
tions for changes in policies and activities of the En-
vironmental Protection Agency which would better
fulfill the goals of title IV of the Superfund Reform
Act of 1994 in ensuring equitable, simplified, and
expedited allocations and settlements for small busi-
nesses.
243
SEC. 
609. 
CONSIDERATION 
OF 
LOCAL 
GOVERNMENT
CLEANUP PRIORITIES.
Section 104(c)(2) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) In setting priorities for scheduling work and al-
locating oversight resources for a remedial action at a fa-
cility at which a potentially responsible party that is a
State or local government proposes to carry out the reme-
dial action (or a portion thereof), the Administrator
should give higher priority to such remedial action (or por-
tion thereof) if the State or local government demonstrates
that the remedial action (i) will have a public benefit; and
(ii) will result in the property on or adjacent to the facility
being returned to productive use. A private potentially re-
sponsible party may request similar consideration, in the
Administrator’s discretion. Nothing in this subparagraph
shall affect the responsibility of the Administrator to
schedule and oversee the conduct of remedial action so as
to assure protection of human health and the environ-
ment.’’.
SEC. 610. CONSISTENT APPLICATION AMONG REGIONAL
OFFICES.
Section 115 (42 U.S.C. 9615), as amended by section
407, is further amended as follows:
244
(1) By inserting the following immediately be-
fore ‘‘The President’’: ‘‘(a) PRESIDENTIAL RULE-
MAKING AND DELEGATION AUTHORITY.—’’.
(2) By inserting at the end thereof the follow-
ing new subsection:
‘‘(b) CONSISTENT APPLICATION AMONG REGIONAL
OFFICES.—Each Regional Administrator should imple-
ment, execute, and enforce this Act and regulations, guid-
ance, and policies established in accordance with this Act
by (1) the President (or by the Administrator pursuant
to a delegation from the President), or (2) the Adminis-
trator (or by the Deputy Administrator or an Assistant
Administrator pursuant to a delegation from the Adminis-
trator).’’.
SEC. 611. STUDY OF PARTICIPANTS.
(a) STUDY.—The Administrator shall undertake a
study of current Environmental Protection Agency proce-
dures for suspension and debarment of persons and busi-
ness entities, particularly response action contractors and
to assess the feasibility and cost of creating a nationwide
data base to track such persons. The study shall include,
but shall not be limited, to the following items:
(1) Whether the certification process pursuant
to 40 CFR 32 regarding debarment and suspensions
is sufficient to uncover those persons who have pre-
245
viously served as a principal of a business entity af-
filiated or unaffiliated with the certifying entity.
(2) Whether the 3-year period for certification
is a sufficient length of time to uncover past activi-
ties.
(3) Whether the process under Federal regula-
tions for determining false certification is sufficient,
particularly for those persons who are attempting to
hide past debarment or suspension.
(4) The effectiveness of the current debarment
and suspension procedures.
(5) The practicability of coordination, through
a central data base, with other Federal agencies the
tracking and sharing of data on such persons who
have been debarred or suspended.
(6) The effectiveness of debarment and suspen-
sion on the future conduct of persons or business en-
tities with regard to compliance with Federal and
State environmental laws.
(7) The extent of sharing data within the Envi-
ronmental Protection Agency and among its regional
offices.
(8) The cost of creating a central data base.
(b) REPORT AND RECOMMENDATIONS.—The Admin-
istrator shall report the findings of this study to Congress
246
within 12 months after the enactment of this Act. The
Administrator shall also make a recommendation to Con-
gress whether statutory language or further regulations
are necessary to correct any problems or deficiencies that
may be uncovered.
SEC. 612. PUBLIC COMMENT.
Nothing in this Act or any amendments made by this
Act shall limit the obligations of the President or the Ad-
ministrator to fully consider and respond to public com-
ments during any available comment period or otherwise
abridge the requirements of subchapter II of chapter 5
of title 5, United States Code (commonly referred to as
the Administrative Procedures Act).
SEC. 613. CERTIFICATION OF ENVIRONMENTAL TRAINING
AND CERTIFICATION ORGANIZATIONS.
(a) REGULATIONS.—(1) Not later than 2 years after
enactment of this Act, the Administrator of the Environ-
mental Protection Agency shall publish guidelines, in ac-
cordance with subsection (b), for a model State program
for organizations that train and certify individuals to per-
form Phase I Environmental Site Assessments.
(2) The guidelines published under paragraph (1)
may include, but not be limited to, minimum standards
relating to—
(A) formal environmental training;
247
(B) continuing environmental education;
(C) environmental certification and testing pro-
cedures;
(D) revocation and disciplinary procedures;
(E) establishment of a code of ethics;
(F) consumer education;
(G) certification renewal procedures; and
(H) annual reporting of program activities.
(b) ESTABLISHMENT OF THE ENVIRONMENTAL CER-
TIFICATION BOARD.—(1) Not later than 60 days after en-
actment of this Act, the Administrator of the Environ-
mental Protection Agency shall establish a certification
advisory board to be known as the ‘‘Environmental Certifi-
cation Board’’ (hereafter in this section referred to as the
‘‘Board’’).
(2) The Board shall consist of a minimum of 6 mem-
bers, appointed by the Administrator, with a demonstrated
knowledge in the environmental field. The Board may in-
clude representatives from the Environmental Protection
Agency, environmental interest organizations, the chemi-
cal/manufacturing industry, the environmental consulting
service industry, the insurance industry, the banking/in-
vestment industry, professional societies, private sector ac-
creditation organizations, State government, and other ap-
248
propriate representatives with a knowledge in the environ-
mental field.
(3) All members of the Board shall serve on a vol-
untary basis, except those members from the Environ-
mental Protection Agency.
(4) The Board shall appoint 1 member to serve as
Chairman of the Board who shall exercise the executive
and administrative functions of the Board.
(5) Not later than 6 months after the date of enact-
ment of this Act, the Board shall issue recommendations
to the Administrator which shall include, but not be lim-
ited to, the minimum standards to be established under
subsection (a).
(c) STATE ADOPTION OF REGULATIONS.—(1) After
the publication of the guidelines under subsection (a), any
State may adopt regulations identical (except as provided
in paragraph (2) of this subsection) to the guidelines pro-
mulgated by the Administrator under subsection (a)(1).
(2) Nothing in this section shall be construed to pre-
empt any State from issuing and enforcing, at any time,
additional or more stringent guidelines and regulations re-
garding the training and certification of Phase I environ-
mental professionals.
(3) Nothing in this section shall be construed to re-
quire a profession or occupation licensed by a State au-
249
thority and whose scope of practice, as defined by State
law, includes Phase I Environmental Site Assessments to
obtain certification as a ‘‘certified Phase I Environmental
Site Professional’’ as a condition for performing Phase I
Environmental Site Assessments.
(4) Nothing in this section shall be construed to per-
mit a certified Phase I Environmental Professional to
practice within the scope of practice of a licensed profes-
sion or occupation, as defined by State law, unless that
individual also meets the requirements of the State licens-
ing statute.
(d) DETERMINATION
OF COMPLIANCE.—(1) If a
State adopts the guidelines issued by the Administrator,
any organization that seeks to obtain a determination of
compliance with the regulations set forth in subsection (c)
may submit to any such State, in which the organization
is located, information documenting such compliance.
(2) Such State shall make the determination of such
organization’s compliance or noncompliance with such reg-
ulations.
(3) Upon a determination of compliance under para-
graph (2), the State shall issue notice in writing to such
organization, indicating that such organization is an ‘‘Ap-
proved Phase I Environmental Training and Certification
Organization’’ in accordance with this Act. Such approval