302
tion and Access Office or other tribal pro-
gram relating to this Act.
‘‘(i) ENVIRONMENTAL JUSTICE STUDY.—
‘‘(1) REPORT BY THE ADMINISTRATOR.—
The Administrator shall prepare and sub-
mit to Congress an Environmental Jus-
tice Study two years after the date of en-
actment of the Superfund Reform Act of
1994 and every 2 years thereafter. Such
study also shall be provided to the Citi-
zen Information Access Offices. The Ad-
ministrator and Citizen Information Ac-
cess Offices shall ensure that copies of
such studies are made available to the
public.
‘‘(2) CONTENT OF THE REPORT.—The Ad-
ministrator’s report shall include an anal-
ysis of each facility which shall compare
information on priority setting, response
actions, and public participation require-
ments conducted under this Act to the
population, race, ethnicity, and income
characteristics of each community af-
fected by each facility.
303
‘‘(3) EVALUATION.—The Administrator
shall evaluate the information in the
study to determine whether priority set-
ting, response actions, and public partici-
pation requirements were conducted in a
fair and equitable manner and identify
program areas that require improve-
ments or modification.
‘‘(4) ACTIONS BASED ON EVALUATION.—
The Administrator shall institute the nec-
essary improvements or modifications to
address any deficiencies identified in the
study prepared under this section.’’.
SEC. 103. HAZARD RANKING SYSTEM.
(a) IN GENERAL.—Section 105 (42 U.S.C.
9605(a)) is amended as follows:
(1) By inserting after subsection (g)
the following new subsections:
‘‘(h) HAZARD RANKING SYSTEM.—In setting
priorities under subsection (a)(8), the Presi-
dent—
‘‘(1) shall group facilities together,
even if they are not adjacent or geo-
graphically juxtaposed, and score them
as a single facility where more than one
304
facility listed on the State Registry re-
sults in hazardous substances exposures
to the same population;
‘‘(2) may take into account to the
maximum extent technically feasible any
history of exposure to hazardous sub-
stances in the community regardless of
the source of exposure, in placing facili-
ties on the National Priorities List;
‘‘(3) shall take into account the use of
land or waterways for subsistence, reli-
gious, spiritual, or cultural practices
where such use results in additional ex-
posures, in placing facilities on the Na-
tional Priorities List;
‘‘(4) shall conduct interviews with
persons affected by the facility and living
in the community and solicit their input
and information in the hazard ranking
system evaluation; and
‘‘(5) shall place highest priority on fa-
cilities with releases of hazardous sub-
stances which result in actual ongoing
human exposures at levels resulting in
demonstrated adverse health effects as
305
shown in a health assessment conducted
by the Agency for Toxic Substances and
Disease Registry.
‘‘(i) 
ENVIRONMENTAL
JUSTICE
FACILITY
SCORING.—The Administrator shall evaluate
major urban areas and any other areas where
environmental justice concerns may warrant
special attention (such as tribal lands or poor
rural communities) and identify 5 facilities in
each region of the Environmental Protection
Agency that are, or that should be, on the
State Registry and that are likely to warrant
inclusion on the National Priorities List.
These facilities shall be accorded a priority in
evaluation for NPL listing and scoring, and
shall be evaluated for listing within 2 years
after the date of enactment of the Superfund
Reform Act of 1994.’’.
(2) By striking the period at the end
of paragraph (10) of subsection (a) and
inserting a semicolon and by adding the
following new paragraphs after such
paragraph (10):
‘‘(11) a process and procedure for re-
viewing petitions to reevaluate a facility
306
not on the National Priorities List for in-
clusion on the National Priorities List
where paragraphs (1), (2), and (3) of sub-
section (h) are relevant; and
‘‘(12) alternative procedures for con-
ducting response measures, including re-
medial investigations, feasibility studies,
remedial designs, and remedial actions,
which procedures shall—
‘‘(A) utilize a results-oriented ap-
proach in order to minimize the time
required to conduct response meas-
ures, and reduce the potential for ex-
posure to hazardous substances, in an
efficient, timely, and cost-effective
manner; and
‘‘(B) be conducted in accordance
with specified methods and criteria,
including directives, standards, and
time limits, for the implementation of
the alternative procedures.’’.
(b) PROCEDURES.—The national contin-
gency plan shall be amended within 180 days
after the date of the enactment of this Act to
include 
procedures 
required 
by 
section
307
105(a)(12) of the Comprehensive Environ-
mental Response, Compensation, and Liabil-
ity Act of 1980, after notice and opportunity
for public comment. Procedures described in
such section shall be subject to the require-
ments of section 117, section 120, section 121,
and any other provision of such Act in the
same manner and to the same degree as these
sections and provisions apply to such re-
sponse measures.
SEC. 104. DISEASE REGISTRY AND MEDICAL CARE PROVID-
ERS.
Section 104(i)(1) (42 U.S.C. 9604(i)(1)) is
amended as follows:
(1) By amending subparagraph (A) to
read as follows:
‘‘(A) in cooperation with the States,
for scientific purposes and public health
purposes, establish and maintain a na-
tional registry of persons exposed to
toxic substances;’’.
(2) In subparagraph (E), by striking
‘‘admission to hospitals and other facili-
ties and services operated or provided by
the Public Health Service’’ and inserting
308
‘‘referral to accredited medical care pro-
viders’’.
SEC. 105. SUBSTANCE PROFILES.
Section 104(i)(3) (42 U.S.C. 9604(i)(3)) is
amended as follows:
(1) By inserting ‘‘(A)’’ after ‘‘(3)’’.
(2) By redesignating subparagraphs
(A), (B), and (C) as clauses (i), (ii), and
(iii), respectively.
(3) By striking out the matter begin-
ning with ‘‘Any toxicological profile or re-
vision 
thereof’’ 
and 
all 
that 
follows
through the end of such paragraph and
inserting in lieu thereof the following:
‘‘(B) Any toxicological profile or revision
thereof shall reflect the Administrator of
ATSDR’s assessment of all relevant toxi-
cological testing which has been peer re-
viewed. The profiles prepared under this
paragraph shall be for those substances high-
est on the list of priorities under paragraph
(2) for which profiles have not previously
been prepared or for substances not on the
listing but which have been found at non-Na-
tional Priorities List facilities and which have
309
been determined by ATSDR to be of critical
health concern. Profiles required under this
paragraph shall be revised and republished as
necessary, based on scientific need. Such pro-
files shall be provided to the States and made
available to other interested parties.’’.
SEC. 106. DETERMINING HEALTH EFFECTS.
Section 
104(i)(5)(A) 
(42 
U.S.C.
9604(i)(5)(A)) is amended as follows:
(1) By striking ‘‘designed to deter-
mine the health effects (and techniques
for development of methods to determine
such health effects) of such substance’’
and inserting ‘‘conducted directly or by
means such as cooperative agreements
and grants with appropriate public and
nonprofit institutions. The research shall
be designed to determine the health ef-
fects (and techniques for development of
methods to determine such health ef-
fects) of the substance’’.
(2) By redesignating clause (iv) as
clause (v).
(3) By striking ‘‘and’’ at the end of
clause (iii).
310
(4) By inserting after clause (iii) the
following new clause:
‘‘(iv) laboratory and other studies
which can lead to the development of in-
novative techniques for predicting organ-
specific, site-specific, and system-specific
acute and chronic toxicity; and’’.
SEC. 107. PUBLIC HEALTH AT NPL FACILITIES.
Section 104(i)(6) (42 U.S.C. 9604(i)(6)) is
amended as follows:
(1) By amending subparagraph (A) to
read as follows:
‘‘(A) The Administrator of ATSDR shall
perform a public health assessment for each
facility, including those facilities owned by
any department, agency, or instrumentality of
the United States, on the National Priorities
List established under section 105 of this Act.
The public health assessment shall be com-
menced as soon as practicable after each fa-
cility is proposed for inclusion on the Na-
tional Priorities List and shall be completed
not later than the date of issuance of a reme-
dial investigation and feasibility study for the
facility to allow full consideration in selecting
311
the remedial action of the public health
implicaitons of any release.’’.
(2) In subparagraph (D), by inserting
‘‘(i)’’ after ‘‘(D)’’ and by adding the follow-
ing at the end of the subparagraph: ‘‘The
Administrator and the Administrator of
ATSDR shall develop strategies to obtain
relevant on-site and off-site characteriza-
tion data for use in the health assess-
ment. The Administrator shall, to the
maximum extent practicable, provide the
Administrator of ATSDR with the data
and information necessary to make pub-
lic health assessments sufficiently prior
to the initiation of remedial actions to
allow ATSDR to complete these assess-
ments. Where deemed appropriate, the
Administrator of ATSDR shall provide to
the Administrator as soon as practicable
after site discovery, recommendations for
sampling environmental media for haz-
ardous substances of public health con-
cern. To the extent feasible, the Adminis-
trator 
shall 
incorporate 
such 
rec-
312
ommendations into its site investigation
activities.
‘‘(ii) In order to improve community in-
volvement in health assessments, the Admin-
istrator of ATSDR shall carry out each of the
following duties:
‘‘(I) The Administrator of ATSDR
shall actively collect data from Commu-
nity Working Groups (‘Community Work-
ing Groups’) and from other sources in
communities affected or potentially af-
fected by releases of hazardous sub-
stances, pollutants, or contaminants re-
garding exposure, relevant human activi-
ties, and other factors.
‘‘(II) The Administrator of ATSDR
shall design health assessments that take
into account the needs and conditions of
the 
affected 
community. 
Community-
based research models, building links to
local expertise and local health resources
should be used. Each Community Work-
ing Group (or affected community where
no Community Working Group exists)
shall be permitted to play an active and
313
early role in reviewing health assessment
designs. In preparing such designs, em-
phasis shall be placed on collection of ac-
tual exposure data and sources of mul-
tiple exposure shall be considered.’’.
(3) In subparagraph (H), by striking
‘‘health assessment’’ each place it appears
and inserting ‘‘public health assessment’’.
SEC. 108. HEALTH STUDIES.
Subparagraph (A) of section 104(i)(7) (42
U.S.C. 9604(i)(7)) is amended to read as fol-
lows: ‘‘(A) Whenever in the judgment of the
Administrator of ATSDR it is appropriate on
the basis of the results of a public health as-
sessment or on the basis of other appropriate
information, the Administrator of ATSDR
shall conduct a human health study of expo-
sure or other health effects for selected
groups or individuals in order to determine
the desirability of conducting full scale epi-
demiologic or other health studies of the en-
tire exposed population.’’.
314
SEC. 109. DISTRIBUTION OF MATERIALS TO HEALTH PRO-
FESSIONALS AND MEDICAL CENTERS.
Paragraph (14) of section 104(i) (42 U.S.C.
9604(i)) is amended to read as follows:
‘‘(14) In implementing this subsection and
other health-related provisions of this Act in
cooperation with the States, the Adminis-
trator of ATSDR shall—
‘‘(A) assemble, develop as necessary,
and distribute to the States, medical col-
leges, physicians, nursing institutions,
nurses, and other health professionals
and medical centers, appropriate edu-
cational 
materials 
(including 
short
courses) on the medical surveillance,
screening, and methods of prevention, di-
agnosis, and treatment of injury or dis-
ease related to exposure to hazardous
substances (giving priority to those listed
in paragraph (2)), through means the Ad-
ministrator of ATSDR considers appro-
priate; and
‘‘(B) assemble, develop as necessary,
and distribute to the general public and
to at-risk populations appropriate edu-
cational materials and other information
315
on human health effects of hazardous
substances.’’.
SEC. 110. GRANT AWARDS, CONTRACTS, AND COMMUNITY
ASSISTANCE ACTIVITIES.
Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is
amended as follows:
(1) By inserting ‘‘(A)’’ before ‘‘The ac-
tivities’’.
(2) In the first sentence, by striking
‘‘cooperative agreements with States (or
political subdivisions thereof)’’ and in-
serting ‘‘grants, cooperative agreements,
or contracts with States (or political sub-
divisions thereof), other appropriate pub-
lic authorities, public or private institu-
tions, colleges, universities, and profes-
sional associations giving consideration
to those colleges and universities that are
historically black colleges and univer-
sities and to other educational institu-
tions that primarily serve minorities or
represent the interests of affected com-
munities’’.
(3) In the second sentence, by insert-
ing ‘‘public’’ before ‘‘health assessments’’.
316
(4) By adding at the end the following
new subparagraphs:
‘‘(B) When a public health assessment is
conducted at a facility on the National Prior-
ities List, or a release is being evaluated for
inclusion on the National Priorities List, the
Administrator of ATSDR may provide the as-
sistance specified in this paragraph to public
or private nonprofit entities, individuals, and
community-based groups that may be affected
by the release or threatened release of haz-
ardous substances in the environment.
‘‘(C) The Administrator of the Agency for
Toxic Substances and Disease Registry, pur-
suant to the grants, cooperative agreements
and contracts referred to in this paragraph,
is authorized and directed to provide for the
establishment of environmental health clin-
ics, or health services in existing clinics, serv-
ing communities affected by the release of
hazardous substances. Such clinics shall pro-
vide diagnostic services, specialized treat-
ment, health data registries and preventative
public health education.’’.
317
SEC. 111. PUBLIC HEALTH RECOMMENDATIONS IN REME-
DIAL ACTIONS.
Section 121(c) (42 U.S.C. 9621(c)) is amend-
ed in the first sentence by inserting after ‘‘re-
medial action’’ the second time it appears the
following: ‘‘, including public health rec-
ommendations and decisions resulting from
activities under section 104(i),’’.
SEC. 112. CLARIFICATION OF ATSDR AUTHORITY.
Section 111(c)(4) (42 U.S.C. 9611(c)(4)) is
amended by inserting ‘‘establishment of envi-
ronmental health clinics and health services,’’
after ‘‘assessments,’’.
SEC. 113. RECRUITMENT AND TRAINING DEMONSTRATION
PROGRAM.
(a) IN GENERAL.—The Administrator of the
Environmental Protection Agency is author-
ized to carry out a demonstration program to
assist in the recruitment and training of indi-
viduals from areas affected by National Prior-
ity List facilities for employment in remedi-
ation activities conducted at such facilities.
(b) FUNDING.—Amounts made available
from the Hazardous Substance Response
Fund by section 111(q) of the Comprehensive
Environmental Response, Compensation, and
318
Liability Act of 1980 shall also be available to
carry out this section.
SEC. 114. TRANSITION.
(a) EFFECTIVE DATE IN GENERAL.—Except
as provided in subsection (b), this title and
the amendments made by this title shall be-
come effective upon the date of enactment of
this Act.
(b) SPECIAL RULE.—The requirements of
paragraphs (1) through (4) of section 117(f)
and paragraph (1) of section 117(g) of the
Comprehensive 
Environmental 
Response,
Compensation, and Liability Act of 1980, as
added by sections 101 and 102, shall become
effective 180 days after the date of enactment
of this Act.
TITLE II—STATE ROLES
SEC. 201. CONTRACTS OR COOPERATIVE AGREEMENTS
WITH STATES.
Title I is amended by adding after section
126 the following new section:
‘‘SEC. 127. CONTRACTS OR COOPERATIVE AGREEMENTS
WITH STATES.
‘‘(a) IN GENERAL.—
319
‘‘(1) APPLICATION
FOR
AUTHORITY
TO
TAKE PREREMEDIAL ACTION AT NON-NPL FA-
CILITIES.—A State may apply to the Ad-
ministrator 
to 
take 
or 
require
preremedial actions (including removal
actions) under a contract or cooperative
agreement as provided in this section at
any non-federally owned or operated fa-
cility within the boundaries of the State
that is not listed on the National Prior-
ities List (NPL).
‘‘(2) APPLICATION
FOR
AUTHORITY
TO
TAKE RESPONSE ACTION AT NPL FACILITIES.—
A State may apply to the Administrator
to take or require response actions, in-
cluding selection and enforcement of re-
medial actions and use of allocation pro-
cedures under section 130, under a con-
tract or cooperative agreement as pro-
vided in this section at any non-federally
owned or operated facility within the
boundaries of the State that is listed on
the National Priorities List (NPL) or to
take or require removal actions at any fa-
320
cility proposed for listing on the National
Priorities List.
‘‘(3) APPROVAL
OF
APPLICATION.—The
Administrator shall enter into a contract
or cooperative agreement under this sec-
tion if the Administrator determines that
the State—
‘‘(A) meets the qualification re-
quirements set forth in the regula-
tions promulgated pursuant to sub-
section (b); and
‘‘(B) with respect to authority to
select remedial actions and use allo-
cation procedures, meets the quali-
fication requirements set forth in
subsection (c).
‘‘(b) REGULATIONS.—The Administrator, in
consultation with the States, shall promulgate
regulations to implement this section. The
regulations shall provide such additional
qualifications for a contract or cooperative
agreement under this section as the Adminis-
trator considers reasonable, including quali-
fications applicable to particular types of
preremedial or response actions. The regula-
321
tions shall include a requirement that, in
order for a State to qualify for a contract or
cooperative agreement with respect to a facil-
ity under this section, the State may not be a
major potentially responsible party with re-
spect to that facility.
‘‘(c) QUALIFICATION
REQUIREMENTS
WITH
RESPECT TO SELECTION OF REMEDIAL ACTION
AND
USE
OF
ALLOCATION
PROCEDURES.—For
purposes of subsection (a)(3)(B), with respect
to a contract or cooperative agreement under
this section for authority to select remedial
action or to use the allocation procedures
under section 130, the Administrator also
shall make each of the following determina-
tions:
‘‘(1) The State has the capability to se-
lect remedial actions or to use the alloca-
tion procedures under section 130, in-
cluding adequate legal authority, finan-
cial and personnel resources, organiza-
tion, and expertise.
‘‘(2) The State meets any other quali-
fications set forth in the regulations pro-
mulgated under subsection (b) for select-
322
ing remedial actions or using the alloca-
tion procedures.
‘‘(3) The State demonstrates a histori-
cal record of performing similar response
actions.
‘‘(d) REQUIREMENTS FOR SELECTION OF RE-
MEDIAL ACTION.—In any contract or coopera-
tive agreement that allows a State to select re-
medial actions, the State shall agree to select
such remedial actions in accordance with all
of the procedures and requirements set forth
in sections 117 and 121 of this Act, the Na-
tional Contingency Plan, and any other rel-
evant regulations and guidelines adopted by
the Administrator.
‘‘(e) STATE
AUTHORITY
REGARDING
EN-
FORCEMENT OF SELECTED REMEDIAL ACTION.—
(1) A State that selects a remedial action pur-
suant to a contract or cooperative agreement
entered into under subsection (a) shall have
the authority to enforce the requirements of
such remedial action pursuant to section
121(f)(4).
‘‘(2) Such State also shall have the author-
ity to enforce compliance with any standard,
323
regulation, condition, requirement, order, or
final determination of the State with respect
to the remedial action. Such State also may
seek civil penalties not to exceed $25,000 per
day for any violation of such standard, regula-
tion, condition, requirement, order, or final
determination. Such State may commence an
action seeking such relief unless the stand-
ard, 
regulation, 
condition, 
requirement,
order, or final determination is arbitrary, ca-
pricious, or contrary to law when reviewed
upon the administrative record presented by
the State.
‘‘(3) In addition, if expressly provided in
the contract or cooperative agreement, such
State may waive a Federal requirement appli-
cable to the remedial action in accordance
with section 121.
‘‘(f) REQUIREMENTS FOR ENFORCEMENT AND
ALLOCATION.—
‘‘(1) ENFORCEMENT.—In the case of a
contract or cooperative agreement pro-
viding for a State to initiate an enforce-
ment action with respect to a facility for
purposes of recovering costs or compel-
324
ling performance of a remedy at the facil-
ity, the contract or cooperative agree-
ment shall require the State to provide
for expedited settlements under section
122.
‘‘(2) USE OF ALLOCATION PROCEDURES.—
(A) In the case of a contract or coopera-
tive agreement providing for a State to
initiate an enforcement action with re-
spect to a facility subject to mandatory
allocation pursuant to section 130(a)(1),
the contract or cooperative agreement
shall require the State to use allocation
procedures with respect to the facility.
The contract or cooperative agreement
shall require the State to initiate the allo-
cation process by certifying each of the
following:
‘‘(i) The State has completed a po-
tentially 
responsible 
party 
search
substantially 
consistent 
with 
sub-
section (c) of section 130 and will
make the results of that search avail-
able to the allocator and the parties.
325
‘‘(ii) The State has notified Fed-
eral, State, and tribal natural re-
source trustees of the commencement
of the allocation process and, pursu-
ant to section 104(b)(2), of potential
damages to natural resources.
‘‘(iii) The facility would be subject
to mandatory allocation under sec-
tion 130(a)(1) if the President were
conducting the response action.
‘‘(B) After the State has made a cer-
tification under subparagraph (A), the
Administrator shall initiate an allocation
in accordance with the terms of section
130. The Administrator may assign to the
State, by cooperative agreement or other-
wise, any responsibilities to conduct the
allocation, except that the Administrator
and Attorney General shall retain their
authority relating to orphan share fund-
ing as provided by this paragraph and in
section 130, including the timing and
terms of payment.
‘‘(C) The State may accept or reject
the allocation report on the same basis as
326
provided in section 130(l). If the State
does not reject the allocation, it shall use
the allocator’s report as the basis of State
settlements. The State may recover the
costs of the allocation pursuant to State
law or the provisions of this Act.
‘‘(D) The President, through either
the Administrator or the Attorney Gen-
eral, or both, may participate in any
phase of an allocation proceeding where
an orphan share is identified according
to the factors set forth in section 130.
‘‘(E) If the State accepts an allocation
report as the basis for its settlements,
and the allocation report identifies an or-
phan share subject to Federal funding,
the State shall apply for such funding by
certifying each of the following to the Ad-
ministrator and the Attorney General:
‘‘(i) The allocation presents a rea-
sonable basis for resolving respon-
sibility for the facility.
‘‘(ii) The assignment of an orphan
share shall be in accordance with sec-
tion 130.
327
‘‘(F) The Administrator and the Attor-
ney General shall accept a State’s request
for orphan share funding supported by
an allocation report and the certification
described in subparagraph (E), unless the
Administrator and Attorney General de-
termine, within 120 days after the re-
quest by the State, that the allocation
does not meet the standards set forth in
section 130. Such determination shall be
made in the same manner, and shall be
subject to the same limitations, as set
forth in section 130.
‘‘(G) The contract or cooperative
agreement shall provide the following:
‘‘(i) The Administrator may de-
duct from orphan share funding the
costs incurred in conducting the allo-
cation.
‘‘(ii) The State may use the or-
phan share funding only to fund re-
sponse actions through settlement or
to reimburse parties performing work
in excess of the share assigned to
them in allocation. No such reim-
328
bursement may exceed the reim-
bursement level available under sec-
tion 130.
‘‘(H) The State may recover funds pro-
vided through orphan share funding from
nonsettling responsible parties pursuant
to State law or the provisions of this Act.
Seventy-five percent of such recoveries
shall be returned to the Fund. The re-
maining 25 percent shall be used for any
other response action by the recovering
State.
‘‘(3) COVENANTS.—(A) In a case in
which either the President, acting under
the authority of this Act, or a State, act-
ing pursuant to a contract or cooperative
agreement under this section, has respon-
sibility for selecting a response action at
a facility listed or proposed for listing on
the National Priorities List and enters an
administrative or judicial settlement to
resolve the liability of responsible parties
at the facility, the President or the State
may confer, in accordance with require-
ments relating to covenants of sections
329
122 and 130, a covenant that will pre-
clude some or all administrative or judi-
cial action by both the President and the
State to recover response costs or to com-
pel response actions at the facility with
respect to matters addressed in the set-
tlement, except that such covenants shall
not be binding on the governmental en-
tity that did not confer the covenant to
the extent that—
‘‘(i) the covenant purports to ad-
dress natural resource damages; or
‘‘(ii) the President or the State
has not been provided notice of, and
an opportunity to participate in, the
settlement concerning the response
action; or
‘‘(iii) the President or the State
objects to the settlement within 120
days of the date of signature for the
record of decision or receipt of notice
of the settlement, whichever is later.
‘‘(B) The covenants described by this
paragraph may be conferred by either
the Administrator or the State with re-
330
spect to a facility owned or operated by
any department, agency, or instrumental-
ity of the United States (including the ex-
ecutive, legislative, and judicial branches
of government). The Administrator may
confer a covenant in an administrative
order, consent decree, or an interagency
agreement. The State may confer a cov-
enant in an administrative order or a
consent decree.
‘‘(g) TERMS
AND
CONDITIONS; ENFORCE-
MENT.—
‘‘(1) IN GENERAL.—A contract or coop-
erative agreement under this section
shall be subject to such terms and condi-
tions as the Administrator may prescribe.
If a State fails to comply with a require-
ment of a contract or cooperative agree-
ment, the Administrator, after 90 days no-
tice to the affected State, may seek in the
appropriate United States district court
to ensure performance of the response
action, or to recover any funds advanced
or any costs incurred because of the
breach.
331
‘‘(2) SPECIFIC
TERMS.—A contract or
cooperative agreement under this section
shall include the following requirements:
‘‘(A) A requirement that the State
shall exercise any authority con-
ferred by this section or the contract
or cooperative agreement on behalf of
the State, and not on behalf of or in
the name of the Administrator, the
President, or the United States.
‘‘(B) A requirement that the State
have and maintain sufficient legal au-
thority under applicable State law to
enter into the contract or cooperative
agreement.
‘‘(C) A requirement that the Ad-
ministrator retain authority to termi-
nate and recoup funding, and to ter-
minate the contract or cooperative
agreement, if the State fails to per-
form the contract or cooperative
agreement in a manner consistent
with this Act. At least 90 days before
terminating any contract or coopera-
tive agreement with a State, the Ad-
332
ministrator shall provide to the State
a written explanation of the reasons
for the proposed termination and af-
ford an opportunity to the State to
discuss the termination and to pro-
pose actions to correct any defi-
ciencies.
‘‘(D) A requirement imposing a
nondiscretionary duty on the Admin-
istrator to perform or compel expedi-
tious performance of response actions
under the contract or cooperative
agreement if the State fails to comply
with the terms of the contract or co-
operative agreement.
‘‘(h) SAVINGS CLAUSE.—Nothing in this sec-
tion shall affect the exercise by a State of any
other authorities that may be applicable to fa-
cilities in such State.’’.
SEC. 202. STATE COST SHARE.
Section 104(c) is amended by adding at
the end the following new paragraphs:
‘‘(10) EXISTING CONTRACTS
AND COOPERA-
TIVE AGREEMENTS.—The requirements of para-
graphs (3), (6), and (7) of this subsection shall
333
apply only to contracts and cooperative
agreements pursuant to section 104(d) en-
tered into prior to the enactment of the
Superfund Reform Act of 1994.
‘‘(11) STATE COST SHARE.—After the date of
enactment of the Superfund Reform Act of
1994, the Administrator shall not provide any
funding under this subsection or section 127,
or any response action pursuant to this sec-
tion, except for emergency removal actions,
unless the State in which the release or
threatened release occurs has entered into a
contract or cooperative agreement pursuant
to this subsection or section 127 that provides
assurances, deemed adequate by the Adminis-
trator, that—
‘‘(A) the State will pay or assure pay-
ment of 15 percent of the cost of such re-
sponse action or funding, including 15
percent of orphan share funding and op-
eration and maintenance costs; and
‘‘(B) the State will assure oversight of
any operation and maintenance of funded
response actions.’’.
334
SEC. 203. SITING.
Section 104(c)(9) is amended to read as
follows:
‘‘(9) SITING.—Effective 1 year after the
date of enactment of the Superfund Reform
Act of 1994, the President shall not provide
any remedial actions pursuant to this section
or section 127 unless the State in which the
release occurs submits a report describing its
plans for adequate treatment, storage, and
disposal capacity of hazardous wastes gen-
erated within the State, in accordance with
guidelines issued by the Administrator.’’.
SEC. 204. THE STATE REGISTRY.
Section 105(a)(8) of the Act (42 U.S.C.
9605(a)(8)) is amended by adding after sub-
paragraph (B) the following new subpara-
graph:
‘‘(C) 
STATE
REGISTRY.—Each 
State
shall maintain and make available to the
public a list of facilities in the State that
are believed to present a current or po-
tential hazard to human health or the en-
vironment due to the release or threat-
ened release of hazardous substances or
pollutants or contaminants. Each State,
335
in consultation with the Administrator
and other appropriate Federal agencies,
shall update such listing on an annual
basis.’’.
SEC. 205. CONFORMING AND MISCELLANEOUS AMEND-
MENTS.
(a) TRANSFER
OF SECTION 121(e)(2).—(1)
Section 121(e) is amended—
(A) by striking out paragraph (2); and
(B) by striking out ‘‘PERMITS AND EN-
FORCEMENT.—(1)’’ 
and 
inserting 
‘‘PER-
MITS.—’’.
(2) Section 121(f) is amended by adding at
the end the following new paragraphs:
‘‘(4) A State may enforce any Federal or
State standard, requirement, criteria, or limi-
tation to which the remedial action is re-
quired to conform under this Act in the
United States district court for the district in
which the facility is located.
‘‘(5) The President shall modify regula-
tions promulgated pursuant to paragraph (1)
to provide to any State within a 50-mile ra-
dius of a remedial action at a Federal facility
the same opportunity as is provided pursuant
336
to paragraph (1)(E) to the State in which the
remedial action is to be undertaken.’’.
(b) SECTION
126(a).—Section 126(a) is
amended by adding after ‘‘section 104(i) (re-
garding health authorities)’’ the following: ‘‘,
section 127 (regarding contracts and coopera-
tive agreements), section 128 (regarding vol-
untary response actions), subsection (f) of sec-
tion 121 (relating to cleanup standards), sec-
tion 122(d)(1)(D) (relating to compliance with
consent decrees),’’.
(c) SECTION
310(a).—Section 310(a) is
amended by inserting ‘‘(including any State)’’
after ‘‘person’’.
(d) TRANSITION.—Subsection (d) of section
104 is amended by adding at the end the fol-
lowing new paragraph:
‘‘(5) TERMINATION.—This subsection shall
cease to be in effect on the effective date of
regulations promulgated to implement sec-
tion 127, as added by the Superfund Reform
Act of 1994.’’.
337
SEC. 206. STUDY OF AUTHORIZATION OF STATES TO CARRY
OUT SUPERFUND.
The Administrator of the Environmental
Protection Agency shall conduct a study of
the feasibility of authorizing States to use
their own laws to carry out the provisions of
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 in
lieu of the Federal program established under
such Act.
SEC. 207. STATE ROLE AT FEDERAL FACILITIES.
Subsection (g) of section 120 is amended
to read as follows:
‘‘(g) TRANSFER OF AUTHORITIES.—
‘‘(1) STATE APPLICATION FOR TRANSFER
OF
AUTHORITIES.—A State may apply to
the Administrator to exercise the authori-
ties vested in the Administrator under
this section at any or all facilities owned
or operated by any department, agency,
or instrumentality of the United States
(including the executive, legislative, and
judicial branches of government), includ-
ing the authority—
‘‘(A) to publish a timetable and
deadlines for completion of any reme-
338
dial 
investigation 
and 
feasibility
study;
‘‘(B) to review and approve all
documents prepared in connection
with 
any 
such 
investigation 
and
study;
‘‘(C) to select and approve rem-
edies; and
‘‘(D) to enter into and enforce,
through judicial or administrative
means, agreements, orders, and con-
sent decrees entered into pursuant to
this Act.
‘‘(2) TRANSFER
OF
AUTHORITIES.—The
Administrator shall enter into a contract
or cooperative agreement to transfer the
authorities described in paragraph (1) if
the Administrator determines the follow-
ing:
‘‘(A) The State has the ability to
exercise such authorities in accord-
ance with this Act, including ade-
quate legal authority, financial and
personnel 
resources, 
organization,
and expertise.
339
‘‘(B) The State demonstrates expe-
rience in exercising similar authori-
ties.
‘‘(3) EFFECT OF AUTHORIZATION UNDER
SOLID WASTE DISPOSAL ACT.—In the review
by the Administrator of an application of
a State for transfer of authorities under
this subsection, if the State is authorized
to implement a State hazardous waste
program pursuant to section 3006 of the
Solid Waste Disposal Act (42 U.S.C. 6926),
the following provisions apply:
‘‘(A) With respect to a State that is
a signatory to an interagency agree-
ment under subsection (e)(2) that is
in effect on the effective date of the
Superfund Reform Act of 1994, the
Administrator, in making the deter-
minations referred to in paragraph
(2), shall accord substantial weight to
the State’s hazardous waste program
authorization and the Administrator’s
findings in approving such authoriza-
tion.
340
‘‘(B) With respect to a State whose
authorization 
under 
such 
section
3006 includes authorization to imple-
ment the corrective action provisions
of the Solid Waste Disposal Act, the
Administrator shall approve the ap-
plication and provide for the orderly
transfer of authorities as expedi-
tiously as possible, but in no case
later than 6 months after the date of
receipt of the application, unless the
parties agree to another deadline.
‘‘(4) EFFECT OF TRANSFER.—Any State
to which authorities are transferred
under 
this 
subsection 
shall 
not 
be
deemed to be an agent of the President
but shall exercise such authorities in its
own name.
‘‘(5) DEADLINES.—Except as provided
in paragraph (3)(B), the Administrator
shall make a determination on an appli-
cation from a State under this subsection
not later than 90 days after the date the
Administrator receives the application.
341
‘‘(6) WITHDRAWAL OF AUTHORITIES.—(A)
The Administrator may withdraw the au-
thorities transferred under this sub-
section in whole or in part if the Admin-
istrator determines—
‘‘(i) that the State, in whole or in
part, is exercising such authorities in
a manner clearly inconsistent with
the requirements of this Act; or
‘‘(ii) in the case of a State that
was 
approved 
under 
paragraph
(3)(B), that the State is no longer au-
thorized to implement the corrective
action provisions of the Solid Waste
Disposal Act.
‘‘(B) At least 90 days before withdraw-
ing any such transferred authorities from
a State, the Administrator shall provide
to the State a written explanation of the
reasons for the proposed withdrawal and
afford an opportunity to the State to dis-
cuss the withdrawal and to propose ac-
tions to correct any deficiencies.
‘‘(7) LIMITATION.—Except for authori-
ties that are transferred by the Adminis-
342
trator to a State pursuant to this sub-
section, or that are transferred by the Ad-
ministrator to an officer or employee of
the Environmental Protection Agency, no
authority vested in the Administrator
under this section may be transferred, by
executive order of the President or other-
wise, to any other officer or employee of
the United States or to any other person.
Except as necessary to implement the
transfer of the Administrator’s authori-
ties to a State pursuant to this sub-
section, nothing in this subsection shall
be construed as altering, modifying, or
impairing in any manner any agreement,
permit, administrative or judicial order,
decree, or interagency agreement exist-
ing on the effective date of the Superfund
Reform Act of 1994. Nothing in this sub-
section shall affect the exercise by a
State of any other authorities that may
be applicable to facilities in such State.’’.
343
TITLE III—VOLUNTARY
RESPONSE
SEC. 301. VOLUNTARY RESPONSE PROGRAM.
Title I is amended by adding the following
new section after section 127:
‘‘SEC. 128. VOLUNTARY RESPONSE PROGRAM.
‘‘(a) PURPOSES AND OBJECTIVES.—The pur-
poses and objectives of this section are to—
‘‘(1) significantly increase the pace of
response activities at contaminated sites
by promoting and encouraging the cre-
ation, development, and expansion of
State voluntary response programs; and
‘‘(2) benefit the public health, welfare,
and the environment by returning con-
taminated sites to economically produc-
tive or other beneficial uses.
‘‘(b) ESTABLISHMENT OF PROGRAM.—The Ad-
ministrator shall establish a program to pro-
vide technical, financial, and other assistance,
including grants, to States to establish and ex-
pand voluntary response programs.
‘‘(c) EPA ASSISTANCE TO STATES FOR STATE
VOLUNTARY RESPONSE PROGRAMS.—The Admin-
istrator shall assist States in the establish-
344
ment and administration of State voluntary
response programs that—
‘‘(1) provide opportunities for tech-
nical assistance for voluntary response
actions;
‘‘(2) provide adequate opportunities
for public participation in selecting re-
sponse actions, including prior notice
and opportunity for comment in appro-
priate circumstances;
‘‘(3) provide streamlined procedures
to ensure expeditious voluntary response
actions;
‘‘(4) provide adequate oversight and
enforcement authorities to ensure that
voluntary response actions are protective
of human health and the environment,
are conducted in accordance with an ap-
propriate response action plan and en-
sure completion of response actions if the
person conducting the response action
fails or refuses to complete the necessary
response activities, including operation
and maintenance or long-term monitor-
ing activities;
345
‘‘(5) provide mechanisms for the ap-
proval of a response action plan; and
‘‘(6) provide for a certification or
similar documentation from the State to
the person conducting the response ac-
tion indicating that the response is com-
plete.
‘‘(d) EPA REVIEW OF STATE PROGRAMS.—At
any time after the enactment of this Act, a
State may submit, for review by the Adminis-
trator, documents the State deems appro-
priate to describe a State voluntary response
program, together with a certification that
the program is consistent with the elements
set forth in subsection (c).
‘‘(e) QUALIFICATION OF STATE PROGRAM.—
‘‘(1) APPROVAL
OR
DISAPPROVAL.—A
State voluntary response program sub-
mitted under subsection (d) shall be a
qualified program under this Act begin-
ning on the date 120 days after the sub-
mittal of the certification under sub-
section (d) unless the Administrator de-
termines before that date that the State’s
submittal is not consistent with the ele-
346
ments set forth in subsection (c). The Ad-
ministrator shall seek public comment on
the submittal of a State voluntary re-
sponse program under this section and
shall publish in the Federal Register the
reasons for the approval or disapproval
of any such program.
‘‘(2) 
WITHDRAWAL
OF
APPROVAL.—
Whenever the Administrator determines
after public hearing that a State is not
administering and enforcing a qualified
program in accordance with subsection
(c), the Administrator shall notify the
State in writing of such determination. If
appropriate 
corrective 
action 
is 
not
taken by the State within 120 days after
receipt of the notice, the Administrator
shall withdraw approval of the program
and publish a notice of such withdrawal
in the Federal Register, after which the
State program shall cease to be a quali-
fied program under this section. If the
State subsequently undertakes corrective
measures, the Administrator shall rein-
state the program as a qualified program
347
under this section. The Administrator
shall not withdraw approval of any such
program unless the Administrator pro-
vides to the State in writing and pub-
lishes in the Federal Register the reasons
for such withdrawal.
‘‘(f) NPL LISTING.—No portion of a facility
subject to a response action plan approved
under a qualified program under this section
shall be proposed for listing on the National
Priorities List so long as substantial and con-
tinual response activities are being under-
taken pursuant to such plan to complete the
response action in a timely manner as set
forth in the response action plan. Nothing in
this section shall be construed to limit the Ad-
ministrator’s ability to list on the National
Priorities List facilities that have been pro-
posed for listing, or to compel response action
under section 106 of the Act.
‘‘(g) CONDUCT OF RESPONSE.—The Adminis-
trator shall, after consultation with the State,
and notice and opportunity for public com-
ment, promulgate regulations describing cir-
cumstances in which any State having a
348
qualified program, and also authorized to
issue permits under Federal environmental
statutes, may waive such permit require-
ments with respect to activities conducted
pursuant to an approved voluntary response
plan if (1) such State has the authority under
its own statutes or regulations to grant such
waivers, (2) the State waiver authority is used
in no less stringent a manner than allowed
under Federal permit waiver authority, and
(3) the response action plan requires compli-
ance with the relevant substantive require-
ments of the statute concerned.
‘‘(h) EFFECT
OF RESPONSE.—Performance
of a voluntary response action pursuant to
this section shall not constitute an admission
of liability under any Federal, State, or local
law or regulation or in any citizens suit or
other private action.
‘‘(i) COMPLIANCE WITH NCP.—Response ac-
tions conducted pursuant to a qualified pro-
gram shall be presumed to be consistent with
the National Contingency Plan for the pur-
poses of private cost recovery claims under
this Act.
349
‘‘(j) ANNUAL REPORTING.—
‘‘(1) REPORT
BY
STATE.—States with
qualified programs under this section
shall report to the Administrator at the
end of each calendar year on the status
of their programs. Each such report shall
include a statement regarding whether
the program continues to be consistent
with the elements set forth in subsection
(c).
‘‘(2) REPORT
BY
ADMINISTRATOR.—The
Administrator shall report, not later than
one year after the enactment of this sec-
tion, and annually thereafter, to the Con-
gress on the status of State voluntary re-
sponse program. The report shall include
an analysis of whether qualified State
voluntary response action programs con-
tinue to be consistent with the elements
set forth in subsection (c).
‘‘(k) STATUTORY CONSTRUCTION.—(1) This
section is not intended to impose any require-
ment on a State voluntary response program
existing on or after the date of the enactment
of the Superfund Reform Act of 1994.
350
‘‘(2) This section is not intended to affect
the liability of any person or to affect other
response authorities afforded under any law
or regulation relating to environmental con-
tamination, including this Act, the Solid
Waste Disposal Act, the Clean Water Act, the
Toxic Substances Control Act, and title XIV of
the Public Health Service Act (the Safe Drink-
ing Water Act), except that the successful
completion of a response action at a facility
pursuant to a qualified program under this
section shall be considered for purposes of
section 107(a)(6)(C) as evidence that a person
acquiring ownership of the facility is a bona
fide prospective purchaser of the facility
within the meaning of section 101(39).
‘‘(3) Nothing in this section shall be con-
strued to require any person to participate in
a 
qualified 
voluntary 
response 
program
under this section or in any other voluntary
response program in order to qualify as a
bona fide purchaser for purposes of section
107(a)(6)(C).’’.
351
TITLE IV—LIABILITY AND
ALLOCATION
SEC. 401. INFORMATION GATHERING AND ACCESS.
(a) 
ADDITIONAL
INFORMATION.—Section
104(e)(2) (42 U.S.C. 9604(e)(2)) is amended—
(1) by striking ‘‘cleanup’’ in subpara-
graph (C) and inserting ‘‘response ac-
tion’’; and
(2) by inserting after subparagraph
(C) the following:
‘‘(D) The identity of any persons
engaged in, responsible for, control-
ling, or having the ability to control
activities or operations at a vessel or
facility giving rise to liability under
this Act.
‘‘(E) Information relating to the
potential liability or responsibility of
any person to perform or pay for a re-
sponse action.
‘‘(F) Information that is otherwise
relevant to enforce the provisions of
this Act.
‘‘(G) For a person conducting a re-
sponse action, an accounting of direct
352
and indirect costs the person has in-
curred in conducting such response
action.’’.
(b) CERTIFICATIONS.—Section 104(e) (42
U.S.C. 9604(e)) is amended—
(1) by redesignating paragraphs (3),
(4), (5), (6), and (7) as paragraphs (4), (5),
(6), (7), and (8), respectively; and
(2) by inserting after paragraph (2)
the following:
‘‘(3) 
CERTIFICATION.—The 
President
may require respondents to requests
made pursuant to this subsection to cer-
tify that—
‘‘(A) the responses are true, accu-
rate, and complete to the best of the
respondent’s knowledge;
‘‘(B) the responses are based on a
diligent, good faith search of records
in the possession or control of the
person to whom the request was di-
rected;
‘‘(C) the responses are based on a
reasonable inquiry of the current and
former officers, directors, employees,
353
and agents of the person to whom the
request was directed;
‘‘(D) the responses accurately and
completely reflect information ob-
tained in the course of conducting
such search and inquiry;
‘‘(E) the respondent understands
that there is a continuing obligation
to supplement the response if any ad-
ditional, new, or different informa-
tion relevant to the matters ad-
dressed in the request or the re-
sponse thereto becomes known or
available to the respondent; and
‘‘(F) the respondent understands
that there are significant penalties
for submitting false information, in-
cluding the possibility of fine and im-
prisonment.’’.
(c) ADMINISTRATIVE
SUBPOENAS.—Section
104(e) (42 U.S.C. 9604(e)) is further amended
by inserting after paragraph (8) (as redesig-
nated by subsection (b)) the following new
paragraph:
354
‘‘(9) 
ADMINISTRATIVE
SUBPOENAS.—
When it would assist in the collection of
information necessary or appropriate for
the purposes of implementing this Act,
the Administrator may by subpoena re-
quire the attendance and testimony of
witnesses and the production of reports,
papers, documents, answers to questions,
and other information listed in para-
graph (2) that the Administrator consid-
ers necessary. Witnesses shall be paid the
same fees and mileage that are paid wit-
nesses in the courts of the United States.
In the event of contumacy or failure or
refusal of any person to obey any such
subpoena, any district court of the Unit-
ed States in which venue is proper shall
have jurisdiction to order any such per-
son to comply with such subpoena. Any
failure to obey such an order of the court
is punishable by the court as a contempt
thereof.’’.
(d) CONFIDENTIALITY
OF
INFORMATION.—
Subparagraph (A) of section 104(e)(8) (as re-
416
recovery of response costs in connection
with a response action for which an allo-
cation is to be performed under this sec-
tion is pending—
‘‘(A) upon the date of enactment
of the Superfund Reform Act of 1994,
or
‘‘(B) upon initiation of an alloca-
tion,
the action or claim shall be stayed until
days 
after 
the 
issuance 
of 
the
allocator’s report under subsection (h) or
(m), unless the court determines that a
stay will result in manifest injustice.
‘‘(3) STATUTE OF LIMITATIONS.—Any ap-
plicable limitations period with respect
to a cause of action subject to paragraph
(1) shall be tolled from the earlier of the
following until 180 days after the issu-
ance of the allocator’s report under sub-
section (h) or (m) has been issued by the
allocator:
‘‘(A) The date of listing of the fa-
cility on the National Priorities List.