I
106TH CONGRESS
1ST SESSION
H. R. 1750
To assist local governments in assessing and remediating brownfield sites,
to amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to encourage State voluntary response pro-
grams for remediating such sites, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 11, 1999
Mr. TOWNS (for himself, Mr. BORSKI, Mr. GEPHARDT, Mr. DINGELL, Mr.
OBERSTAR, Ms. DEGETTE, Mr. REYES, Mr. RANGEL, Mr. LAFALCE, Mr.
BROWN of California, Mr. CLYBURN, Ms. ROYBAL-ALLARD, Mr. KLINK,
Mr. MENENDEZ, Mr. BROWN of Ohio, Mr. RAHALL, Mr. PALLONE, Mr.
BLUMENAUER, Mr. GREEN of Texas, Ms. EDDIE BERNICE JOHNSON of
Texas, Mr. STRICKLAND, Ms. MILLENDER-MCDONALD, Ms. ESHOO, Mr.
MASCARA, Mr. WAXMAN, Mr. CLEMENT, Mr. MARKEY, Mrs. TAUSCHER,
Mr. RUSH, Mr. DEFAZIO, Mr. HALL of Texas, Ms. BROWN of Florida,
Ms. MCCARTHY of Missouri, Mr. LIPINSKI, Mr. GORDON, Mr. PASCRELL,
Mr. DEUTSCH, Mr. CUMMINGS, Mr. WYNN, Mr. SHOWS, Mr. ENGEL, Mr.
HOLDEN, Mr. BOUCHER, Mr. COSTELLO, Mr. STUPAK, Mr. NADLER, Mr.
BARRETT of Wisconsin, Mr. BARCIA, Mr. LUTHER, Mr. FILNER, Mrs.
CAPPS, Mr. SANDLIN, Mr. SAWYER, Mr. MCGOVERN, Mr. LAMPSON, Mr.
BALDACCI, Mr. BAIRD, Mr. WISE, Ms. NORTON, Mr. CROWLEY, Mr.
CLAY, Mr. HINCHEY, Mr. OWENS, Mr. DOYLE, Ms. JACKSON-LEE of
Texas, Mr. MCDERMOTT, Mr. KILDEE, Ms. RIVERS, Ms. DELAURO, Mr.
HILLIARD, Mr. JEFFERSON, Mr. SERRANO, Mr. THOMPSON of Mis-
sissippi, Mrs. JONES of Ohio, Ms. KILPATRICK, Mr. OLVER, Mr. KAN-
JORSKI, Ms. CARSON, Mr. ACKERMAN, Mrs. MALONEY of New York, Mr.
MEEKS of New York, Mr. COYNE, Mr. FATTAH, Mr. MATSUI, Mr. LEWIS
of Georgia, Mrs. MEEK of Florida, Mr. VENTO, Mrs. LOWEY, Mr. AN-
DREWS, Ms. PELOSI, Mr. CARDIN, Mrs. CHRISTENSEN, Mr. BRADY of
Pennsylvania, Mr. HOEFFEL, Mr. JACKSON of Illinois, Mr. DAVIS of Illi-
nois, Mr. MARTINEZ, Ms. STABENOW, Mr. MALONEY of Connecticut, Mr.
STARK, Mr. GUTIERREZ, Mr. GEORGE MILLER of California, Ms. KAP-
TUR, Mr. MEEHAN, Ms. VELA´ZQUEZ, Ms. MCKINNEY, Mr. SISISKY, Mr.
KENNEDY of Rhode Island, Ms. LEE, Mr. CAPUANO, Mr. EVANS, Ms.
BERKLEY, Mr. LARSON, Ms. SANCHEZ, Mr. GONZALEZ, Mrs. THURMAN,
Mr. FROST, Mr. ABERCROMBIE, Mr. ROTHMAN, Mr. UDALL of Colorado,
Mr. LEVIN, Ms. DANNER, Mr. PASTOR, Mrs. NAPOLITANO, Mr. ROMERO-
BARCELO´, Mr. FARR of California, Mr. MORAN of Virginia, Mr. BOS-
WELL, Mr. ORTIZ, Mr. MOORE, Mr. VISCLOSKY, Mr. PAYNE, Mr. BECER-
RA, Mr. FORD, Mr. BERRY, Mr. BONIOR, Mr. BISHOP, Mr. HOLT, Mr.
WEYGAND, Mrs. CLAYTON, Mr. HASTINGS of Florida, and Mr. HOYER)
introduced the following bill; which was referred to the Committee on
Commerce, and in addition to the Committee on Transportation and In-
frastructure, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To assist local governments in assessing and remediating
brownfield sites, to amend the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 to encourage State voluntary response programs
for remediating such sites, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Community Revitalization and Brownfield Cleanup Act
of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
TITLE I—BROWNFIELD REMEDIATION AND ENVIRONMENTAL
CLEANUP
Sec. 101. Definitions.
Sec. 102. Inventory and site assessment.
Sec. 103. Grants for revolving loan programs.
Sec. 104. Limitations on use of funds.
Sec. 105. Reports.
Sec. 106. Effect on other laws.
Sec. 107. Regulations.
Sec. 108. Authorizations of appropriations.
TITLE II—INNOCENT LANDOWNER, PROSPECTIVE PURCHASER,
AND CONTIGUOUS PROPERTY OWNER LIABILITY
Sec. 201. Innocent landowners.
Sec. 202. Limitations on liability for response costs for prospective purchasers.
Sec. 203. Contiguous or nearby properties.
TITLE III—SELLER LIABILITY RELIEF AND STATE VOLUNTARY
RESPONSE PROGRAMS
Sec. 301. State voluntary response programs.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Brownfields are parcels of land that contain
or contained abandoned or under-used commercial or
industrial facilities, the expansion or redevelopment
of which is complicated by the presence or potential
presence of hazardous substances, pollutants, or con-
taminants.
(2) Brownfields, which may number in the hun-
dreds of thousands nationwide, threaten the environ-
ment, devalue surrounding property, erode local tax
bases, and prevent job growth.
(3) Despite potentially great productive value,
prospective developers may avoid brownfields be-
cause of the uncertainty of cleanup and development
costs, which leads to construction on undeveloped so-
called greenfield sites, creating infrastructure prob-
lems and reducing the amount of open spaces.
(4) Cleanup and redevelopment of brownfields
would reduce environmental contamination, encour-
age job growth, and curb the development of green-
fields.
(5) State voluntary programs to address envi-
ronmental contamination, and addressing liability
concerns to encourage developers and current owners
to invest in brownfield sites, can be very effective in
promoting the cleanup and redevelopment of
brownfields.
TITLE I—BROWNFIELD REMEDI-
ATION AND ENVIRONMENTAL
CLEANUP
SEC. 101. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) BROWNFIELD SITE.—The term ‘‘brownfield
site’’ means a parcel of land that contains or con-
tained abandoned or under-used commercial or in-
dustrial facilities, the expansion or redevelopment of
which may be complicated by the presence or poten-
tial presence of hazardous substances, pollutants, or
contaminants.
(3) ENVIRONMENT.—The term ‘‘environment’’
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601).
(4) FACILITY.—The term ‘‘facility’’ has the
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(5) GRANT.—The term ‘‘grant’’ includes a co-
operative agreement.
(6) HAZARDOUS SUBSTANCE.—The term ‘‘haz-
ardous substance’’ has the meaning given the term
in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601).
(8) LOCAL
GOVERNMENT.—The term ‘‘local
government’’ means any city, county, town, town-
ship, parish, village, regional council, or other gen-
eral purpose political subdivision of a State; any In-
dian tribe; Guam, the Northern Mariana Islands, the
Virgin Islands, American Samoa, the District of Co-
lumbia, and the Trust Territory of the Pacific Is-
lands, or any general purpose political subdivision
thereof; any redevelopment agency that is chartered
or otherwise sanctioned by a State or other unit of
local government; or any combination of local gov-
ernments.
(9) PERSON.—The term ‘‘person’’ has the
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(10) POLLUTANT OR CONTAMINANT.—The term
‘‘pollutant or contaminant’’ has the meaning given
the term in section 101 of the Comprehensive Envi-
ronmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601).
(11) RELEASE.—The term ‘‘release’’ has the
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(12) RESPONSE ACTION.—The term ‘‘response
action’’ has the meaning given the term ‘‘response’’
in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(13) SITE ASSESSMENT.—
(A) IN GENERAL.—The term ‘‘site assess-
ment’’ means an investigation that determines
the nature and extent of a release or potential
release of a hazardous substance or pollutant or
contaminant at a brownfield site and meets the
requirements of subparagraph (B).
(B) INVESTIGATION.—For the purposes of
this paragraph, an investigation that meets the
requirements of this subparagraph—
(i) shall include—
(I) an onsite evaluation; and
(II) if necessary, sufficient test-
ing, sampling, and other field-data-
gathering activities to accurately de-
termine whether the brownfield site is
contaminated and whether threats to
human health and the environment
are posed by the release of hazardous
substances, pollutants, or contami-
nants at the brownfield site; and
(ii) may include—
(I) review of such information re-
garding the brownfield site and pre-
vious uses as is available at the time
of the review;
(II) an offsite evaluation, if ap-
propriate; and
(III) a marketing analysis.
(14) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 101 of the Comprehen-
sive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
SEC. 102. INVENTORY AND SITE ASSESSMENT.
(a) IN GENERAL.—The Administrator shall establish
a program to award grants to local governments to inven-
tory brownfield sites, which may include associated rivers,
streams, or lakes or mine-scarred land, and to conduct site
assessments of such brownfield sites.
(b) SCOPE OF PROGRAM.—
(1) GRANT AWARDS.—To carry out subsection
(a), the Administrator may, on approval of an appli-
cation, provide financial assistance to a local govern-
ment.
(2) GRANT
APPLICATION
PROCEDURE.—The
Administrator shall establish a grant application
procedure for this section. The Administrator may
include in such procedure requirements of the Na-
tional Contingency Plan, to the extent that those re-
quirements are relevant and appropriate to the pro-
gram under this section.
(3) APPROVAL OF APPLICATION.—
(A) IN GENERAL.—In making a decision
whether to approve an application under this
subsection, the Administrator shall—
(i) consider the need of the local gov-
ernment for financial assistance to carry
out inventories and site assessments under
this section;
(ii) consider the ability of the appli-
cant to carry out inventories and site as-
sessments under this section;
(iii) consider the ability of the appli-
cant to manage a grant; and
(iv) consider such other factors as the
Administrator considers relevant to carry
out this section.
(B) GRANT CONDITIONS.—As a condition
of awarding a grant under this section, the
Administrator—
(i) shall require the recipient of the
grant to notify the State in which the re-
cipient is located of the receipt of the
grant; and
(ii) may, on the basis of the criteria
considered under subparagraph (A), attach
such other conditions to the grant as the
Administrator determines appropriate.
(4) GRANT AMOUNT.—The amount of a grant
awarded to any local government under this section
for inventory and site assessment of one or more
brownfield sites shall not exceed $500,000.
(5) TERMINATION OF GRANTS.—If the Admin-
istrator determines that a local government that re-
ceives a grant under this section is in violation of a
condition of a grant, the Administrator may termi-
nate the grant made to the local government and re-
quire full or partial repayment of the grant.
(6) 
AUTHORITY
TO
AWARD
GRANTS
TO
STATES.—The Administrator may award a grant to
a State under the program established under this
section if the Administrator determines that a grant
to the State is necessary in order to facilitate the re-
ceipt of funds by one or more local governments that
otherwise do not have the capabilities, such as per-
sonnel and other resources, to manage grants under
the program.
(c) TRAINING AND TECHNICAL ASSISTANCE.—The
Administrator may provide training and technical assist-
ance to individuals and organizations, as appropriate, to
inventory brownfield sites and conduct site assessments or
cleanup of brownfield sites.
SEC. 103. GRANTS FOR REVOLVING LOAN PROGRAMS.
(a) IN GENERAL.—
(1) ESTABLISHMENT.—The Administrator shall
establish a program to award grants to be used by
local governments to capitalize revolving loan funds
for the cleanup of brownfield sites.
(2) LOANS.—The loans may be provided by the
local government to finance cleanups of eligible
brownfield sites by the local government, or by an
owner or developer of an eligible brownfield site (in-
cluding a local government).
(b) SCOPE OF PROGRAM.—
(1) IN GENERAL.—
(A) GRANTS.—In carrying out subsection
(a), the Administrator may award a grant to a
local government that submits an application
that is approved by the Administrator.
(B) USE OF GRANT.—The grant shall be
used by the local government to capitalize a re-
volving loan fund to be used for cleanup of one
or more brownfield sites, which may include as-
sociated rivers, streams, or lakes or mine-
scarred land.
(C) GRANT
APPLICATION
PROCEDURE.—
The Administrator shall establish a grant appli-
cation procedure for this section. The Adminis-
trator may include in such procedure require-
ments of the National Contingency Plan, to the
extent that those requirements are relevant and
appropriate to the program under this section.
(2) GRANT APPROVAL.—In determining wheth-
er to award a grant under this section, the Adminis-
trator shall consider—
(A) the need of the local government for fi-
nancial assistance to clean up brownfield sites,
taking into consideration the financial resources
available to the local government;
(B) the ability of the local government to
ensure that the applicants repay the loans in a
timely manner;
(C) the extent to which the cleanup of
brownfield sites would reduce health and envi-
ronmental risks caused by the release of haz-
ardous substances, pollutants, or contaminants
at, or from, brownfield sites;
(D) 
the 
demonstrable 
potential 
of
brownfield sites for stimulating economic devel-
opment or creation of recreational areas on
completion of cleanup;
(E) the demonstrated ability of the local
government to administer such a loan program;
(F) the demonstrated experience of the
local government regarding brownfield sites and
the reuse of contaminated land, including
whether the local government has received any
grant under the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) to assess
brownfield sites, except that applicants who
have not previously received such a grant may
be considered for awards under this section;
(G) the experience of administering any
loan programs by the entity, including the loan
repayment rates; and
(H) such other factors as the Adminis-
trator considers relevant to carry out this sec-
tion.
(3) GRANT AMOUNT.—The amount of a grant
made to an applicant under this section shall not ex-
ceed $500,000. The Administrator may make an
award under this section in an amount up to
$1,000,000 if the Administrator determines that
such action would achieve particularly significant en-
vironmental and economic benefits.
(c) GRANT AGREEMENTS.—Each grant under this
section for a revolving loan fund shall be made pursuant
to a grant agreement. At a minimum, the grant agreement
shall include provisions that ensure the following:
(1) COMPLIANCE WITH LAW.—The local govern-
ment will include in all loan agreements a require-
ment that the loan recipient shall comply with all
laws applicable to the cleanup, and shall ensure that
the cleanup protects human health and the environ-
ment.
(2) REPAYMENT.—The local government will
require repayment of the loan consistent with this
section.
(3) USE OF FUNDS.—The local government will
use the funds, including repayment of principal, in-
terest, and fees, solely for purposes of establishing
and capitalizing a loan program in accordance with
this title and of cleaning up brownfield sites.
(4) REPAYMENT OF FUNDS.—The local govern-
ment will require in each loan agreement, and take
necessary steps to ensure, that the loan recipient will
use the loan funds solely for cleaning up brownfield
sites, and will require the return of any excess funds
immediately on a determination by the appropriate
local official that the cleanup has been completed.
(5) NONTRANSFERABILITY.—A local govern-
ment receiving a grant under this section may not
transfer funds received under the grant to any other
local government unless the Administrator agrees to
the transfer in writing.
(6) NOTICE TO STATE.—The local government
will notify the State in which the local government
is located of the receipt of the grant and of the iden-
tity of recipients of loans made under the revolving
loan fund.
(d) AUDITS.—
(1) IN
GENERAL.—The Inspector General of
the Environmental Protection Agency shall audit a
portion of the grants awarded under this section to
ensure that all funds provided under those grants
are used for the purposes set forth in this section.
(2) FUTURE GRANTS.—The result of the audit
shall be taken into account in awarding any future
grants to the local government.
(e) TERMINATION OF GRANTS.—If the Administrator
determines that a local government that receives a grant
under this section is in violation of a condition of a grant,
the Administrator may terminate the grant made to the
local government and require full or partial repayment of
the grant.
(f) AUTHORITY TO AWARD GRANTS TO STATES.—
The Administrator may award a grant to a State under
the program established under this section at the request
of a local government in the State if the Administrator
determines that a grant to the State is necessary in order
to facilitate the receipt of funds by one or more local gov-
ernments that otherwise do not have the capabilities, such
as personnel and other resources, to manage grants under
the program.
SEC. 104. LIMITATIONS ON USE OF FUNDS.
(a) EXCLUDED FACILITIES.—
(1) FACILITIES.—A grant for site inventory and
assessment under section 102 or to capitalize a re-
volving loan fund under section 103 may not be used
for any activity involving—
(A) a facility or portion of a facility that
is the subject of an order or other action under
section 106(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9606(a)), or a response
action under section 104 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604);
(B) a facility included, or proposed for in-
clusion, on the National Priorities List main-
tained by the President under the Comprehen-
sive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
(C) an NPL-caliber facility, as defined in
paragraph (2);
(D) a facility that is subject to corrective
action under section 3004(u) or 3008(h) of the
Solid Waste Disposal Act (42 U.S.C. 6924(u)
or 6928(h)) to which a corrective action permit
or order has been issued or modified to require
the implementation of corrective measures;
(E) any land disposal unit with respect to
which a closure notification under subtitle C of
the Solid Waste Disposal Act (42 U.S.C. 6921
et seq.) has been submitted and closure require-
ments have been specified in a closure plan or
permit;
(F) a facility at which there has been a re-
lease of a polychlorinated biphenyl and that is
subject to the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(G) a facility with respect to which an ad-
ministrative or judicial order or decree requir-
ing cleanup has been issued or entered into by
the President under—
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.);
(iv) the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.); or
(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(H) the portion of a facility at which as-
sistance for response activities may be obtained
under subtitle I of the Solid Waste Disposal Act
(42 U.S.C. 6991 et seq.) from the Leaking Un-
derground Storage Tank Trust Fund estab-
lished by section 9508 of the Internal Revenue
Code of 1986; or
(I) a facility owned or operated by a de-
partment, agency, or instrumentality of the
United States, except for land held in trust by
the United States for an Indian tribe.
(2) DEFINITION.—For purposes of paragraph
(1), the term ‘‘NPL-caliber facility’’ means a facility
for which the President, in consultation with the
State concerned, has prepared or is preparing a haz-
ardous ranking system scoring package or that satis-
fies such other definition as the Administrator may
promulgate by regulation. The term does not include
a facility for which the President—
(A) has obtained a score under the haz-
ardous ranking system; and
(B) based on that score, has made a deter-
mination not to list on the National Priorities
List.
(3) EXCEPTION.—Notwithstanding paragraph
(1), the President may, on a facility-by-facility basis,
allow a grant under section 102 to be used for an
activity involving any facility listed in subparagraph
(D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H),
or (I) of paragraph (1) if the President finds that
such use would promote economic development while
still protecting human health and the environment.
In the case of a facility listed in subparagraph (I),
the President may use the authority in the preceding
sentence only if the facility is not a facility described
in subparagraph (A), (B), (C), or (G)(i).
(b) FINES
AND COST-SHARING.—A grant made
under this title may not be used to pay any fine or penalty
owed to a State or the Federal Government, or to meet
any Federal cost-sharing requirement.
(c) RESPONSIBILITY FOR CLEANUP ACTION.—Funds
made available under this title may not be used to relieve
a local government of the commitment or responsibilities
of the local government under State law to assist or carry
out cleanup actions at brownfield sites.
SEC. 105. REPORTS.
(a) IN GENERAL.—Not later than one year after the
date of enactment of this Act, and not later than January
31 of each of the 3 calendar years thereafter, the Adminis-
trator shall prepare and submit a report describing the
results of each program established under this title to—
(1) the Committees on Commerce and on
Transportation and Infrastructure of the House of
Representatives; and
(2) the Committee on Environment and Public
Works of the Senate.
(b) CONTENTS OF REPORT.—Each report shall, with
respect to each of the programs established under this
title, include a description of—
(1) the number of applications received by the
Administrator during the preceding calendar year;
(2) the number of applications approved by the
Administrator during the preceding calendar year;
and
(3) the allocation of assistance under sections
102 and 103 among the local governments.
SEC. 106. EFFECT ON OTHER LAWS.
Nothing in this title changes, modifies, or otherwise
affects the liability of any person or the obligations im-
posed or authorities provided under any other law or regu-
lation, including—
(1) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.);
(2) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(3) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(4) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); and
(5) the Safe Drinking Water Act (42 U.S.C.
300f et seq.).
SEC. 107. REGULATIONS.
(a) IN GENERAL.—The Administrator may issue
such regulations as are necessary to carry out this title.
(b) PROCEDURES AND STANDARDS.—The regulations
shall include such procedures and standards as the Admin-
istrator considers necessary, including procedures and
standards for evaluating an application for a grant sub-
mitted under this title or for a loan under a revolving loan
program for which a grant is provided under section 103.
SEC. 108. AUTHORIZATIONS OF APPROPRIATIONS.
(a) SITE ASSESSMENT PROGRAM.—To carry out sec-
tion 102, there is authorized to be appropriated to the Ad-
ministrator $35,000,000 for each of fiscal years 2000
through 2004.
(b) GRANTS FOR REVOLVING LOAN PROGRAMS.—To
carry out section 103, there is authorized to be appro-
priated to the Administrator $65,000,000 for each of fis-
cal years 2000 through 2004.
(c) STATE VOLUNTARY RESPONSE PROGRAMS.—For
each of the first 5 fiscal years commencing after the date
of enactment of this Act, $15,000,000 is authorized to be
appropriated to the Administrator for assistance to States
to develop or enhance State voluntary response programs
pursuant to title III.
(d) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated under this section shall remain available until ex-
pended.
TITLE 
II—INNOCENT 
LAND-
OWNER, PROSPECTIVE PUR-
CHASER, AND CONTIGUOUS
PROPERTY OWNER LIABILITY
SEC. 201. INNOCENT LANDOWNERS.
(a) ENVIRONMENTAL SITE ASSESSMENT.—Section
107 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 new sub-
section:
‘‘(o) INNOCENT LANDOWNERS.—
‘‘(1) CONDUCT
OF
ENVIRONMENTAL
ASSESS-
MENT.—A person who has acquired real property
after April 15, 1994, shall have made all appropriate
inquiry within the meaning of subparagraph (B) of
section 101(35) only if such person establishes that,
within 180 days prior to the time of acquisition, an
environmental site assessment of the real property
was conducted which meets the requirements of
paragraph (2).
‘‘(2) DEFINITION OF ENVIRONMENTAL SITE AS-
SESSMENT.—For purposes of this subsection, the
term ‘environmental site assessment’ means an as-
sessment conducted in accordance with the stand-
ards set forth in the American Society for Testing
and Materials (ASTM) Standard E1527–94, titled
‘Standard Practice for Environmental Site Assess-
ments: Phase I Environmental Site Assessment
Process’ or with alternative standards issued by rule
by the Administrator or promulgated or developed
by others and designated by rule by the Adminis-
trator. Before issuing or designating alternative
standards, the Administrator shall first conduct a
study of commercial and industrial practices con-
cerning environmental site assessments in the trans-
fer of real property in the United States. Any such
standards issued or designated by the Administrator
shall also be deemed to constitute commercially rea-
sonable and generally accepted standards and prac-
tices for purposes of this title. In issuing or desig-
nating any such standards, the Administrator shall
consider requirements governing each of the fol-
lowing:
‘‘(A) Interviews of owners, operators, and
occupants of the property to determine informa-
tion regarding the potential for contamination.
‘‘(B) Review of historical sources as nec-
essary to determine previous uses and occupan-
cies of the property since the property was first
developed. For purposes of this subparagraph,
the term ‘historical sources’ means any of the
following, if they are reasonably ascertainable:
recorded chain of title documents regarding the
real property, including all deeds, easements,
leases, restrictions, and covenants, aerial photo-
graphs, fire insurance maps, property tax files,
USGS 7.5 minutes topographic maps, local
street directories, building department records,
zoning/land use records, and any other sources
that identify past uses and occupancies of the
property.
‘‘(C) Determination of the existence of re-
corded environmental cleanup liens against the
real property which have arisen pursuant to
Federal, State, or local statutes.
‘‘(D) Review of reasonably ascertainable
Federal, State, and local government records of
sites or facilities that are likely to cause or con-
tribute to contamination at the real property,
including, as appropriate, investigation reports
for such sites or facilities; records of activities
likely to cause or contribute to contamination at
the real property, including landfill and other
disposal location records, underground storage
tank records, hazardous waste handler and gen-
erator records and spill reporting records; and
such other reasonably ascertainable Federal,
State, and local government environmental
records which could reflect incidents or activi-
ties which are likely to cause or contribute to
contamination at the real property.
‘‘(E) A visual site inspection of the real
property and all facilities and improvements on
the real property and a visual inspection of im-
mediately adjacent properties, including an in-
vestigation of any hazardous substance use,
storage, treatment, and disposal practices on
the property.
‘‘(F) Any specialized knowledge or experi-
ence on the part of the landowner.
‘‘(G) The relationship of the purchase
price 
to 
the 
value 
of 
the 
property 
if
uncontaminated.
‘‘(H) Commonly known or reasonably as-
certainable information about the property.
‘‘(I) The obviousness of the presence or
likely presence of contamination at the prop-
erty, and the ability to detect such contamina-
tion by appropriate investigation.
If a copy or reasonable facsimile of a record is pub-
licly available by request (within reasonable time and
cost constraints) and the record is practically review-
able, the record shall be considered to be reasonably
ascertainable for purposes of this paragraph.
‘‘(3) APPROPRIATE
INQUIRY.—A person shall
not be treated as having made all appropriate in-
quiry under paragraph (1) unless—
‘‘(A) the person has maintained a compila-
tion of the information reviewed and gathered
in the course of the environmental site assess-
ment;
‘‘(B) the person exercised appropriate care
with respect to hazardous substances found at
the facility by taking reasonable steps to stop
on-going releases, prevent threatened future re-
leases of hazardous substances, and prevent or
limit human or natural resource exposure to
hazardous substances previously released into
the environment; and
‘‘(C) the person provides full cooperation,
assistance, and facility access to persons au-
thorized to conduct response actions or natural
resource restoration at the facility, including
the cooperation and access necessary for the in-
stallation, integrity, operation, and maintenance
of any complete or partial response action or
natural resource restoration at the facility.’’.
(b) EXCEPTION.—Section 107(b)(3)(a) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9606(b)(3)(a)) is amend-
ed by inserting ‘‘(except as provided in subsection (o))’’
after ‘‘exercised due care’’.
(c) CONFORMING AMENDMENTS.—Section 101(35)
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601(35))
is amended—
(1) in subparagraph (A), by striking ‘‘, unless
the real property’’ and inserting ‘‘. A defendant
owner or operator of a facility may only assert under
section 107(b)(3) that an act or omission of a pre-
vious owner or operator of that facility did not occur
in connection with a contractual relationship if the
real property’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘(as specified in section
107(o))’’ after ‘‘all appropriate inquiry’’; and
(B) by striking ‘‘For purposes of the pre-
ceding sentence’’ and inserting ‘‘For purposes
of the application of the preceding sentence to
acquisitions occurring on or before April 15,
1994,’’.
SEC. 202. LIMITATIONS ON LIABILITY FOR RESPONSE
COSTS FOR PROSPECTIVE PURCHASERS.
(a) LIMITATIONS ON LIABILITY.—Section 107 of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9607) is further
amended by adding at the end the following new sub-
section:
‘‘(p) LIMITATIONS ON LIABILITY FOR PROSPECTIVE
PURCHASERS.—To the extent the liability of a person,
with respect to a release or the threat of a release from
a facility, is based solely on subsection (a)(1), the person
shall not be liable under this Act if the person—
‘‘(1) is a bona fide prospective purchaser of the
facility or an operator of a facility owned by such a
bona fide prospective purchaser;
‘‘(2) does not impede the performance of any
response action or natural resource restoration at a
facility;
‘‘(3) provided all legally required notices with
respect to the discovery or release of any hazardous
substances at the facility;
‘‘(4) exercised appropriate care with respect to
hazardous substances found at the facility by taking
reasonable steps to—
‘‘(A) stop ongoing releases;
‘‘(B) prevent threatened future releases of
hazardous substances; and
‘‘(C) prevent or limit human or natural re-
source exposure to hazardous substances pre-
viously released into the environment;
‘‘(5) provides full cooperation, assistance, and
facility access to such persons as are authorized to
conduct response actions at the facility, including
the cooperation and access necessary for the installa-
tion, integrity, operation, and maintenance of any
complete or partial response action at the facility;
and
‘‘(6) is not liable, or is not affiliated with any
other person that is liable, for response costs at the
facility, through any direct or indirect familial rela-
tionship, or any contractual, corporate, or financial
relationship other than that created by the instru-
ments by which title to the facility is conveyed or fi-
nanced.’’.
(b) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—Section 107 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (as
amended by subsection (a)) is amended by adding after
subsection (p) the following new subsection:
‘‘(q) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—
‘‘(1) IN GENERAL.—In any case in which the
United States has incurred unrecovered costs of re-
sponse not inconsistent with the National Contin-
gency Plan at a facility for which an owner of the
facility is not liable by reason of subsection (p), and
the conditions described in paragraph (3) are met,
the United States shall have a lien on the facility,
or may obtain, from the appropriate responsible
party or parties, a lien on other property or other
assurances of payment satisfactory to the Adminis-
trator, for the unrecovered costs.
‘‘(2) AMOUNT; DURATION.—The lien—
‘‘(A) shall be for an amount not to exceed
the lesser of the amount of the United States
costs of response not inconsistent with the Na-
tional Contingency Plan or the amount of the
increase in fair market value of the property at-
tributable to the response action at the time of
a subsequent sale or other disposition of the
property;
‘‘(B) shall arise at the time costs are first
incurred by the United States with respect to a
response action at the facility;
‘‘(C) shall be subject to the requirements
for notice and validity specified in subsection
(l)(3); and
‘‘(D) shall continue until the earlier of sat-
isfaction of the lien or recovery of all United
States costs of response not inconsistent with
the National Contingency Plan incurred at the
facility, notwithstanding any statute of limita-
tions provided in section 113.
Nothing in this subsection prevents the United
States and a purchaser from entering into a settle-
ment at any time that extinguishes a lien under this
subsection.
‘‘(3) CONDITIONS.—The conditions referred to
in paragraph (1) are the following:
‘‘(A) RESPONSE
ACTION.—An action for
which the United States has incurred unre-
covered costs of response not inconsistent with
the National Contingency Plan is carried out at
the facility.
‘‘(B) FAIR MARKET VALUE.—The response
action increases the fair market value of the fa-
cility.’’.
(c) DEFINITION OF BONA FIDE PROSPECTIVE PUR-
CHASER.—Section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601) is amended by adding at the end
the following:
‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.—
The term ‘bona fide prospective purchaser’ means a
person who acquires ownership of a facility after the
date of enactment of the Community Revitalization
and Brownfield Cleanup Act of 1999 who can estab-
lish each of the following by a preponderance of the
evidence:
‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—
All active disposal of hazardous substances at
the facility occurred before the person acquired
the facility.
‘‘(B) INQUIRY.—
‘‘(i) IN GENERAL.—The person made
all appropriate inquiry as provided in sec-
tion 101(35)(B) into the previous owner-
ship and uses of the facility in accordance
with generally accepted good commercial
and customary standards and practices.
‘‘(ii) STANDARDS.—The ASTM stand-
ards described in section 107(o)(2) or the
alternative standards issued or designated
by the President pursuant to that section
shall satisfy the requirements of this sub-
paragraph.
‘‘(iii) RESIDENTIAL
PROPERTY.—In
the case of property in residential or other
similar use at the time of purchase by a
nongovernmental or noncommercial entity,
a site inspection and title search that re-
veal no basis for further investigation shall
satisfy the requirements of this subpara-
graph.’’.
‘‘(C) NOTICES.—The person provided all
legally required notices with respect to the dis-
covery or release of any hazardous substances
at the facility.
‘‘(D) CARE.—The person exercised appro-
priate care with respect to hazardous sub-
stances found at the facility by taking reason-
able steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent threatened future re-
leases of hazardous substances; and
‘‘(iii) prevent or limit human or nat-
ural resource exposure to hazardous sub-
stances previously released into the envi-
ronment.
‘‘(E) COOPERATION, ASSISTANCE, AND AC-
CESS.—The person provides full cooperation,
assistance, and facility access to such persons
as are authorized to conduct response actions at
the facility, including the cooperation and ac-
cess necessary for the installation, integrity, op-
eration, and maintenance of any complete or
partial response action at the facility.
‘‘(F) RELATIONSHIP.—The person is not
potentially liable, or is not affiliated with any
other person that is potentially liable, for re-
sponse costs at the facility, through any direct
or indirect familial relationship, or any contrac-
tual, corporate, or financial relationship other
than that created by the instruments by which
title to the facility is conveyed or financed.’’.
SEC. 203. CONTIGUOUS OR NEARBY PROPERTIES.
Section 107 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is further amended by adding at the end
the following new subsection:
‘‘(r) CONTIGUOUS PROPERTIES.—(1) A person who
owns or operates real property, that is contiguous to or
otherwise similarly situated with respect to other real
property not owned or operated by that person, and that
is or may be contaminated by a release or threatened re-
lease of hazardous substances from such other real prop-
erty, shall not be considered to be an owner or operator
of a facility under subsection (a)(1) or (2) solely by reason
of such contamination, if such person establishes by a pre-
ponderance of the evidence that—
‘‘(A) such person exercised appropriate care
with respect to those hazardous substances on or
under such person’s property by taking reasonable
steps to—
‘‘(i) stop ongoing releases;
‘‘(ii) prevent threatened future releases of
hazardous substances; and
‘‘(iii) prevent or limit human, environ-
mental, or natural resource exposure to haz-
ardous substances previously released into the
environment;
‘‘(B) such person did not cause, contribute to,
consent to, or exacerbate the release;
‘‘(C) such person provided all legally required
notices with respect to the discovery of the release;
‘‘(D) such person is not otherwise potentially
liable and is not affiliated with any other person
that is potentially liable for response costs at the fa-
cility, through any direct or indirect familial rela-
tionship, or any contractual, corporate, or financial
relationship other than that created by the instru-
ments by which title to the real property is conveyed
or financed;
‘‘(E) at the time the person acquired the prop-
erty, the person conducted all appropriate inquiry
within the meaning of subparagraph (B) of section
101(35) and did not know and had no reason to
know of the presence of such contamination on the
property being acquired; and
‘‘(F) such person provides full cooperation, as-
sistance, and access to such other persons as are au-
thorized to conduct response actions or natural re-
source restoration at the real property, including the
cooperation and access necessary for the installation,
integrity, operation, and maintenance of any com-
plete or partial response action or natural resource
restoration at the real property.
‘‘(2) With respect to hazardous substances in ground-
water beneath such person’s property solely as a result
of subsurface migration in an aquifer from a source or
sources outside the property, appropriate care under para-
graph (1)(A) shall not require that such person either con-
duct groundwater investigations or install groundwater re-
mediation systems, except in accordance with the Environ-
mental Protection Agency’s May 24, 1995, ‘‘Policy To-
ward Owners of Property Containing Contaminated
Aquifers’’.
‘‘(3) Any person who at the time of acquisition of
real property had, or had reason to have had, the knowl-
edge specified in paragraph (1)(E) may nonetheless qual-
ify as a bona fide prospective purchaser under section
101(39) if such person otherwise would fall within that
definition.
‘‘(4) Nothing in this subsection shall limit defenses
to liability that otherwise may be available to such persons
nor shall be construed to impose liability not otherwise im-
posed by section 107(a) on such persons.
‘‘(5) The President may issue an assurance of no en-
forcement action under this Act to any such person and
may grant any such person protection against cost recov-
ery, and contribution actions pursuant to section
113(f)(2).’’.
TITLE 
III—SELLER 
LIABILITY
RELIEF 
AND 
STATE 
VOL-
UNTARY 
RESPONSE 
PRO-
GRAMS
SEC. 301. STATE VOLUNTARY RESPONSE PROGRAMS.
Title I of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 127. STATE VOLUNTARY RESPONSE PROGRAMS.
‘‘(a) PURPOSES
AND OBJECTIVES.—The purposes
and objectives of this section are—
‘‘(1) to significantly increase the pace of re-
sponse activities at contaminated sites by promoting
and encouraging the creation, development, and en-
hancement of State voluntary response programs;
and
‘‘(2) to benefit the public health and welfare
and the environment by cleaning up and returning
contaminated sites to economically productive or
other beneficial uses.
‘‘(b) ASSISTANCE TO STATES.—The Administrator
shall provide technical, financial, and other assistance to
States to establish and enhance voluntary response pro-
grams. The Administrator shall encourage the States to
develop risk sharing pools, indemnity pools, or insurance
mechanisms to provide financing for response actions
under their voluntary response programs.
‘‘(c) LIMITATION ON FEDERAL AUTHORITY TO LIST
ON NATIONAL PRIORITIES LIST.—Except as provided in
subsection (e), the President shall not list on the National
Priorities List the portion of a facility subject to a re-
sponse action plan approved under a State program quali-
fied under subsection (i)—
‘‘(1) while substantial and continuous voluntary
response activities are being conducted in compliance
with the plan at that portion of the facility; or
‘‘(2) after response activities conducted in com-
pliance with the plan at that portion of the facility
have been certified by the State as complete.
‘‘(d) LIMITATION ON FEDERAL AUTHORITY TO RE-
COVER COSTS.—(1) Except as provided in subsection (e),
if substantial and continuous voluntary response activities
are being conducted at a voluntary response action site
in compliance with a response action plan approved under
a State program qualified under subsection (i) or if re-
sponse activities conducted at such a site in compliance
with the plan have been certified by the State as complete,
sponse action plan under a State program qualified under
subsection (i).
‘‘(3) Nothing in this subsection shall preclude the Ad-
ministrator from recovering costs incurred by the Admin-
istrator at a site before State approval of a response action
plan for that site.
‘‘(e) FACILITIES INELIGIBLE FOR LIMITATIONS.—
‘‘(1) FACILITIES.—The limitations on Federal
authority provided under subsections (c) and (d) do
not apply to any of the following facilities:
(A) a facility or portion of a facility that
is the subject of an order or other action under
section 106(a) of this Act, or a response action
under section 104 of this Act;
‘‘(B) A facility included, or proposed for
inclusion, on the National Priorities List main-
tained by the President under this Act.
‘‘(C) An NPL-caliber facility, as defined in
paragraph (2).
‘‘(D) A facility that is subject to corrective
action under section 3004(u) or 3008(h) of the
Solid Waste Disposal Act (42 U.S.C. 6924(u)
or 6928(h)) to which a corrective action permit
or order has been issued or modified to require
the implementation of corrective measures.
‘‘(E) Any land disposal unit with respect
to which a closure notification under subtitle C
of the Solid Waste Disposal Act (42 U.S.C.
6921 et seq.) has been submitted and closure
requirements have been specified in a closure
plan or permit.
‘‘(F) A facility at which there has been a
release of a polychlorinated biphenyl and that is
subject to the Toxic Substances Control Act (15
U.S.C. 2601 et seq.).
‘‘(G) A facility with respect to which an
administrative or judicial order or decree re-
quiring cleanup has been issued or entered into
by the President under—
‘‘(i) this Act;
‘‘(ii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
‘‘(iii) the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.);
‘‘(iv) the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.); or
‘‘(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
‘‘(H) The portion of a facility at which as-
sistance for response activities may be obtained
under subtitle I of the Solid Waste Disposal Act
(42 U.S.C. 6991 et seq.) from the Leaking Un-
derground Storage Tank Trust Fund estab-
lished by section 9508 of the Internal Revenue
Code of 1986.
‘‘(I) A facility owned or operated by a de-
partment, agency, or instrumentality of the
United States, except for land held in trust by
the United States for an Indian tribe.
‘‘(2) DEFINITION.—For purposes of paragraph
(1), the term ‘NPL-caliber facility’ means a facility
for which the President, in consultation with the
State concerned, has prepared or is preparing a haz-
ardous ranking system scoring package or that satis-
fies such other definition as the Administrator may
promulgate by regulation. The term does not include
a facility for which the President—
‘‘(A) has obtained a score under the haz-
ardous ranking system; and
‘‘(B) based on that score, has made a de-
termination not to list on the National Prior-
ities List.
‘‘(3) EXCEPTION.—Notwithstanding paragraph
(1), the President may, on a facility-by-facility basis
and pursuant to an agreement with the State con-
cerned, apply the limitations on authority provided
under subsections (c) and (d) to any facility listed
in subparagraph (D), (E), (F), (G)(ii), (G)(iii),
(G)(iv), (G)(v), (H), or (I) of paragraph (1) if the
President finds that such use would promote eco-
nomic development while still protecting human
health and the environment. In the case of a facility
listed in subparagraph (I), the President may use
the authority in the preceding sentence only if the
facility is not a facility described in subparagraph
(A), (B), (C), or (G)(i).
‘‘(f) EPA ASSISTANCE TO STATES FOR STATE VOL-
UNTARY RESPONSE PROGRAMS.—The Administrator shall
assist States to establish and administer State voluntary
response programs that—
‘‘(1) provide for voluntary response actions that
ensure adequate site assessment and protect human
health and the environment;
‘‘(2) provide opportunities for technical assist-
ance with respect to voluntary response actions;
‘‘(3) provide meaningful opportunities for public
participation on issues that affect the community,
which shall include prior notice and opportunity for
comment in the selection or significant modification
of response actions and which may include involve-
ment of State and local health officials during site
assessment;
‘‘(4) provide streamlined procedures to ensure
expeditious voluntary response actions;
‘‘(5) provide adequate oversight, enforcement
authorities, resources, and practices—
‘‘(A) to ensure that voluntary response ac-
tions protect human health and the environ-
ment and are conducted in a timely manner in
accordance with a State-approved response ac-
tion plan or other instrument; and
‘‘(B) to ensure completion of voluntary re-
sponse actions if the person conducting the vol-
untary response action fails or refuses to com-
plete the necessary voluntary response actions
that protect human health and the environ-
ment, including operation and maintenance or
long-term monitoring activities;
‘‘(6) provide mechanisms for the approval of a
response action plan or other instrument; and
‘‘(7) provide mechanisms for a certification or
similar documentation to the person who conducted
the response action indicating that the response is
complete.
‘‘(g) FINANCIAL ASSISTANCE
FOR DEVELOPMENT
AND ENHANCEMENT OF STATE VOLUNTARY RESPONSE
PROGRAMS AND REPORTING REQUIREMENT.—
‘‘(1) PUBLIC RECORD.—To assist the Adminis-
trator in determining the needs of States for assist-
ance under this section, the Administrator shall en-
courage the States to maintain a public record of fa-
cilities, by name and location, that have been or are
planned to be addressed under a State voluntary re-
sponse program.
‘‘(2) REPORTING REQUIREMENT.—Each State
receiving financial assistance under this section shall
submit to the Administrator a report at the end of
each calendar year on the progress of its voluntary
response program, which shall include the following
information with respect to that calendar year:
‘‘(A) The number of sites, if any, under-
going voluntary cleanup, with the number of
sites in each stage of such cleanup set forth
separately.
‘‘(B) The number of sites, if any, entering
voluntary cleanup.
‘‘(C) The number of sites, if any, that re-
ceived a certification from the State indicating
that a response action is complete.
‘‘(h) EPA REVIEW OF STATE PROGRAMS.—At any
time after the date of enactment of this section, a State
may submit, for review by the Administrator, documenta-
tion that the State considers appropriate to describe a
State voluntary response program, together with a certifi-
cation that the program is consistent with the elements
set forth in subsection (f), and, if such program is devel-
oped by administrative action, executive order, or regula-
tion, documentation of public comment and State response
to comment on the adequacy of the State voluntary re-
sponse program.
‘‘(i) QUALIFICATION OF STATE PROGRAM.—
‘‘(1) APPROVAL
OR
DISAPPROVAL.—(A) The
Administrator shall approve a State voluntary re-
sponse program submitted under subsection (h)
within 180 days after the Administrator receives
documentation and certification under subsection (h)
if the Administrator determines that the State’s sub-
mission is consistent with the elements set forth in
subsection (f). A program so approved by the Ad-
ministrator shall be considered a qualified program
under this section.
‘‘(B) The Administrator shall publish in the
Federal Register the reasons for the approval or dis-
approval of any such program.
‘‘(C) If the Administrator needs additional in-
formation, the 180-day time period referred to in
subparagraph (A) shall be extended until 30 days
after the Administrator is satisfied that enough ad-
ditional information has been obtained in order to
make a determination.
‘‘(2) WITHDRAWAL OF QUALIFICATION.—When-
ever the Administrator determines that a State is
not administering and enforcing a qualified program
in accordance with subsection (f), the Administrator
shall notify the State in writing of such determina-
tion. If appropriate corrective action is not taken by
the State within 120 days after receipt of the notice,
the Administrator shall propose within 60 days
thereafter to withdraw approval of the program and
publish a notice of such proposed withdrawal in the
Federal Register. The Administrator shall not with-
draw approval of any such program unless the Ad-
ministrator provides to the State in writing and pub-
lishes in the Federal Register the reasons for such
withdrawal. If the State subsequently completes the
necessary corrective measures as determined by the
Administrator, the Administrator shall reinstate the
program as a qualified program under this section.
‘‘(j) EFFECT OF RESPONSE.—Performance of a vol-
untary 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.
‘‘(k) COMPLIANCE WITH NCP.—Solely for the pur-
pose of private cost recovery and contribution claims
under this Act, response actions conducted pursuant to
a qualified program shall be presumed to be consistent
with the National Contingency Plan.
‘‘(l) ANNUAL REPORTING.—
‘‘(1) REPORTS BY STATE.—Each State with a
qualified program under this section shall submit to
the Administrator a report at the end of each cal-
endar year describing whether the program con-
tinues to be consistent with the elements set forth
in subsection (f).
‘‘(2) REPORT
BY
ADMINISTRATOR.—The Ad-
ministrator shall report, not later than two years
after the enactment of this section, and annually
thereafter, to the Congress on the status of State
voluntary response programs. The report shall in-
clude an analysis of whether qualified State vol-
untary response programs continue to be consistent
with the elements set forth in subsection (f).
‘‘(m) EFFECT ON EXISTING STATE PROGRAMS.—
This section is not intended to impose any requirement
on any State voluntary response program, including a pro-
gram existing on or before the date of the enactment of
the Community Revitalization and Brownfield Cleanup
Act of 1999. A program shall not be considered to be a
qualified program under this section unless the program
is approved in accordance with this section.
‘‘(n) EFFECT ON AGREEMENTS BETWEEN STATE
AND EPA.—This section is not intended to modify or oth-
erwise affect a memorandum of agreement, or a coopera-
tive agreement, under this Act between a State agency and
the Environmental Protection Agency in effect on or be-
fore the date of the enactment of the Community Revital-
ization and Brownfield Cleanup Act of 1999. Such an
agreement shall remain in effect, subject to the terms of
the agreement. This section is not intended to restrict or
limit the President’s discretionary authority to enter into
or modify an agreement with a State or other person relat-
ing to the President’s implementation of authorities under
this Act, nor to modify or otherwise affect an existing
agreement between the President and any person relating
to the President’s implementation of those authorities.
‘‘(o) EFFECT ON OTHER LAWS.—Except as provided
in subsections (c) and (d), this section does not change,
modify, or otherwise affect the liability of any person or
the obligations imposed or authorities provided under any
law or regulation, including this Act, the Solid Waste Dis-
posal Act, the Federal Water Pollution and Control Act,
the Toxic Substances Control Act, and title XIV of the
Public Health Service Act (the Safe Drinking Water Act).
‘‘(p) RELATIONSHIP TO INNOCENT LANDOWNER AND
PROSPECTIVE PURCHASER.—(1) The successful comple-
tion of a response action at a facility pursuant to a re-
sponse action plan or other instrument approved under a
qualified program under this section shall be evidence to
be considered for purposes of section 107(o)(3)(B) and
section 101(39)(D).
‘‘(2) Nothing in this section shall be construed to re-
quire any person to participate in a qualified voluntary
response program under this section or in any other vol-
untary response program in order to qualify as an inno-
cent landowner or bona fide prospective purchaser for pur-
poses of subsections (o) and (p) of section 107.’’.
Æ