I
104TH CONGRESS
1ST SESSION
H. R. 2742
To set aside a portion of the funds available under the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 1980 to be
used to encourage the redevelopment of marginal brownfield sites, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 7, 1995
Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred
to the Committee on Commerce, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To set aside a portion of the funds available under the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 to be used to encourage the
redevelopment of marginal brownfield 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. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘brownfield site’’ means a parcel
of land that was previously used for industrial pur-
poses but is contaminated with hazardous or toxic
waste and not currently used for any purpose. Such
term shall not include any of the following:
(A) Any facility that is the subject of a
planned or an ongoing response action under
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
(B) Any facility included, or proposed for
inclusion, in the National Priorities List main-
tained by the Administrator under such Act.
(C) Any facility with respect to which a
record of decision has been issued by the Presi-
dent under section 104 of such Act (42 U.S.C.
9604).
(D) Any facility that is subject to correc-
tive action under section 3004(u) or 3008(h) of
the Solid Waste Disposal Act (42 U.S.C.
6924(u) or 6928(h)) at the time that an appli-
cation for a grant or loan concerning the facil-
ity is submitted under this Act.
(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) Any facility that contains poly-
chlorinated biphenyls subject to response under
section 6(e) of the Toxic Substances Control
Act (15 U.S.C. 2605(e)).
(G) Any facility with respect to which an
administrative order on consent or judicial con-
sent decree requiring cleanup has been entered
into by the President under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.),
the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.) or
title XIV of the Public Health Service Act, com-
monly known as the Safe Drinking Water Act
(42 U.S.C. 300f et seq.).
(H) Any facility controlled by, or to be re-
mediated by, a department, agency, or instru-
mentality of the executive branch of the Federal
Government.
(I) Any facility at which assistance for re-
sponse activities may be obtained pursuant to
subtitle I of the Solid Waste Disposal Act (42
U.S.C. 6991 et seq.) from the Leaking Under-
ground Storage Tank Trust Fund established
under section 9508 of the Internal Revenue
Code of 1986.
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
SEC. 2. SET-ASIDE FOR BROWNFIELD CLEANUPS.
(a) AMOUNT OF SET-ASIDE.—Notwithstanding sec-
tion 111 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (Superfund) or
any other provision of law, from the amounts available in
the Hazardous Substance Superfund established under
subchapter A of chapter 98 of the Internal Revenue Code
of 1986, in each fiscal year commencing after the enact-
ment of this Act a fraction equal to 1/365 of the total
amount available in the fund in that fiscal year shall be
available to the Administrator for obligation or expendi-
ture for the purpose of making grants under section 3 of
this Act.
(b) ASSISTANCE AMOUNT.—The amount of any
grants provided under this Act to a single applicant shall
not exceed $10,000,000. No funds made available under
this Act may be used for any brownfield site which has
previously received Federal funds for used for decon-
tamination or remediation. No grant funds shall be avail-
able under this Act for any project unless the State pro-
vides at least 20 percent of the total costs of the project
from nonfederal funds.
SEC. 3. BROWNFIELD REDEVELOPMENT PROGRAM.
(a) GRANTS.—Upon the approval of an application
made by any State under this section, the Administrator
may approve a State brownfield program and make grants
to State to be used for purposes of decontamination and
remediation of brownfield sites to make such sites avail-
able for proposed new uses. Grants under the section may
also be used for technical assistance.
(b) APPLICATIONS.—Any State may submit an appli-
cation to the Administrator for approval of a State pro-
gram under this section. An application shall be in such
form as the Administrator determines appropriate. At a
minimum, the application shall include each of the follow-
ing:
(1) Assurance that adequate oversight and en-
forcement authorities will be available.
(2) Evidence of active State brownfields cleanup
programs.
(3) Opportunity for public participation.
(4) Sufficient technical assistance.