Union Calendar No. 392
103D CONGRESS
2D SESSION
H. R. 3800
[Report No. 103–582, Parts I, II, and III]
A BILL
To amend the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980,
and for other purposes.
AUGUST 26, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 392
103D CONGRESS
2D SESSION
H. R. 3800
[Report No. 103–582, Parts I, II, and III]
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1994
Mr. SWIFT, by request (for himself, Mr. DINGELL, Mr. MINETA, Mr. ROSTEN-
KOWSKI, and Mr. APPLEGATE) introduced the following bill; which was
divided and referred as follows: titles I through VIII jointly to the Com-
mittees on Energy and Commerce and Public Works and Transportation;
and title IX to the Committee on Ways and Means
JUNE 30, 1994
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AUGUST 8, 1994
Reported from the Committee on Public Works and Transportation with an
amendment
[Strike out all after the enacting clause and insert the part printed in bold face roman]
AUGUST 26, 1994
Reported from the Committee on Ways and Means with an amendment, com-
mitted to the Committee of the Whole House on the State of the Union,
and ordered to be printed
[Strike out title IX of the introduced bill and insert the part printed in bold face italic]
[For text of introduced bill, see copy of bill as introduced on February 3, 1994]
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Superfund Reform Act
of 1994’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References to Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.
TITLE I—COMMUNITY PARTICIPATION AND HUMAN HEALTH
Sec. 101. Public participation.
Sec. 102. Community working groups.
Sec. 103. Hazard ranking system.
Sec. 104. Disease registry and medical care providers.
Sec. 105. Substance profiles.
Sec. 106. Determining health effects.
Sec. 107. Public health at NPL facilities.
Sec. 108. Health studies.
Sec. 109. Distribution of materials to health professionals and medical centers.
Sec. 110. Grant awards, contracts, and community assistance activities.
Sec. 111. Public health recommendations in remedial actions.
Sec. 112. Transition.
TITLE II—STATE ROLES
Sec. 201. Contracts or cooperative agreements with States.
Sec. 202. State cost share.
Sec. 203. Siting.
Sec. 204. The National Priorities List.
Sec. 205. The State registry.
Sec. 206. Conforming and miscellaneous amendments.
Sec. 207. Study of authorization of States to carry out Superfund.
Sec. 208. State role at Federal facilities.
TITLE III—VOLUNTARY RESPONSE
Sec. 301. Voluntary response program.
TITLE IV—LIABILITY AND ALLOCATION
Sec. 401. Information gathering and access.
Sec. 402. Compliance with administrative orders.
Sec. 403. Limitations to liability for response costs.
Sec. 404. Liability.
Sec. 405. Civil proceedings.
Sec. 406. Limitations on contribution actions.
Sec. 407. Scope of rulemaking authority.
Sec. 408. Enhancement of settlement authorities.
Sec. 409. Professional services.
Sec. 410. Final covenants.
Sec. 411. Expedited final settlements.
Sec. 412. Allocation procedures.
Sec. 413. Recycling transactions.
TITLE V—REMEDY SELECTION AND CLEANUP STANDARDS
Sec. 501. Cleanup standards.
Sec. 502. Remedy selection.
Sec. 503. Miscellaneous amendments to section 121.
Sec. 504. Response authorities.
Sec. 505. Removal actions.
Sec. 506. Transition.
TITLE VI—MISCELLANEOUS
Sec. 601. Interagency agreements at mixed ownership and mixed responsibility
facilities.
Sec. 602. Transfers of uncontaminated property.
Sec. 603. Agreements to transfer by deed.
Sec. 604. Alternative or innovative treatment technologies.
Sec. 605. Definitions.
Sec. 606. Response claims procedures.
Sec. 607. Small business ombudsman.
Sec. 608. Consideration of local government cleanup priorities.
Sec. 609. Consistent application among regional offices.
Sec. 610. Study of participants.
Sec. 611. Public comment.
Sec. 612. Certification of environmental training and certification organizations.
Sec. 613. Savings clause.
Sec. 614. Federal entities and facilities.
TITLE VII—FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Orphan share funding.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Limitations on research, development, and demonstration programs.
Sec. 705. Authorization of appropriations from general revenues.
Sec. 706. Additional limitations.
Sec. 707. Uses of the fund.
TITLE VIII—ENVIRONMENTAL INSURANCE RESOLUTION FUND
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. Environmental Insurance Resolution Fund.
Sec. 804. Resolution offers.
Sec. 805. Documentation of claims and insurance coverage.
Sec. 806. Amount of resolution offers.
Sec. 807. Acceptance of resolution offer.
Sec. 808. Resolution payments.
Sec. 809. Rejection of resolution offer and reimbursement to insurer.
Sec. 810. Financial statements, audits, investigations, and inspections.
Sec. 811. Stay of pending litigation.
Sec. 812. Regulations.
Sec. 813. Court jurisdiction and penalties.
Sec. 814. Miscellaneous provisions.
Sec. 815. Reports.
Sec. 816. Effective date.
Sec. 817. Termination of authority to offer and accept resolution.
Sec. 818. Termination of fund.
TITLE IX—TAXES
Sec. 901. Amendments to the Internal Revenue Code of 1986.
Sec. 902. Environmental fees and assessments on insurance companies.
Sec. 903. Funding provisions for Environmental Insurance Resolution Fund.
Sec. 904. Resolution Fund not subject to tax.
SEC. 
3. 
REFERENCES 
TO 
COMPREHENSIVE 
ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LI-
ABILITY ACT OF 1980.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (com-
monly known as ‘‘Superfund’’) (42 U.S.C. 9601 and follow-
ing).
TITLE I—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Sec. 101. Public participation.
Sec. 102. Community working groups.
Sec. 103. Hazard ranking system.
Sec. 104. Disease registry and medical care providers.
Sec. 105. Substance profiles.
Sec. 106. Determining health effects.
Sec. 107. Public health at NPL facilities.
Sec. 108. Health studies.
Sec. 109. Distribution of materials to health professionals and medical centers.
Sec. 110. Grant awards, contracts, and community assistance activities.
Sec. 111. Public health recommendations in remedial actions.
Sec. 112. Transition.
SEC. 101. PUBLIC PARTICIPATION.
Section 117 (42 U.S.C. 9617) is amended by striking
subsection (e) and inserting the following:
‘‘(e) GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) AUTHORITY.—In accordance with the rules
promulgated by the Administrator, the Administrator
may make grants available to any group of individ-
uals which may be affected by the release or threat-
ened release of hazardous substances, pollutants, or
contaminants at any facility on the State Registry or
the National Priorities List. Such grants shall be
known as Technical Assistance Grants. To ensure that
the application process is accessible to all affected
citizens, the Administrator shall periodically review
such process and, based on such review, shall imple-
ment appropriate changes to the application process
to improve access.
‘‘(2) SPECIAL
RULES.—No matching contribu-
tion shall be required for a Technical Assistance
Grant. The President shall make a portion of the
grant available to the grant recipient, in advance of
the expenditures to be covered by the grant, in $5,000
installments.
‘‘(3) REPRESENTATIVE
OF
THE
COMMUNITY.—
The President shall publish guidance for determining
that the recipient of any Technical Assistance Grant
award is a legitimate representative of the commu-
nity affected by the facility.
‘‘(4) LIMIT PER FACILITY.—Not more than one
grant may be made under this subsection with respect
to a single facility, but the grant may be renewed to
facilitate public participation at all stages of response
action. Limits shall be established with respect to the
number of years for which grants may be available
based on the duration, type, and extent of response
activity at a facility.
‘‘(5) FUNDING
AVAILABILITY.—Subject to the
limitations provided in paragraph (6), grants shall be
made available to affected citizens who live in com-
munities containing facilities in the State Registry
not listed on the National Priorities List.
‘‘(6) FUNDING LIMIT.—Not more than 4 percent
of the funds made available for carrying out this Act
for any fiscal year may be used for grants under this
subsection in that fiscal year and not more than one-
eighth of the funds under this subsection may be used
for grants with respect to facilities not listed on the
National Priorities List. If such one-eighth portion is
not needed for such facilities, such portion may be
used for grants with respect to facilities listed on the
National Priorities List.
‘‘(7) FUNDING AMOUNT.—The initial amount of
any grant under this subsection may not exceed
$50,000 for a single grant recipient. However, the Ad-
ministrator shall increase the amount of the initial
grant, as appropriate, to reflect the complexity of re-
sponse action, the nature and extent of contamination
at the facility, the level of facility activity, projected
total needs as requested by the grant recipient, the
size and diversity of the affected population, and the
ability of the grant recipient to identify and raise
funds from other sources.
‘‘(8) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) INTERPRETATION OF INFORMATION.—
Grants awarded under this subsection may be
used to obtain technical assistance in interpret-
ing information with regard to (i) the nature of
the hazard at a facility; (ii) the remedial inves-
tigation and feasibility study; (iii) the record of
decision; (iv) the selection, design, and construc-
tion of the remedial action; (v) operation and
maintenance; or (vi) removal activities at such
facility.
‘‘(B) 
ADDITIONAL
ACTIVITIES.—Grants
awarded under this section also may be used (i)
to obtain technical assistance in gathering and
interpreting information used to rank facilities
according to the Hazard Ranking System, (ii)
for gathering information to assess a remedy se-
lection decision, (iii) to hire health and safety
experts to advise affected residents on health as-
sessment and contamination data gathering ef-
forts and response activities, (iv) to hire a com-
munity liaison to potentially responsible parties
and government agencies, (v) to hire experts to
file comments with governmental agencies and
generate other documents as necessary to ensure
full participation by the grant recipient, (vi) to
hire experts to provide input to the design of any
health studies that a government agency per-
forms, and (vii) for training funds for interested
affected community members to enable them to
more effectively participate in the remedy selec-
tion process.
‘‘(C) LIMITATION.—Grants awarded under
this section may not be used for the purposes of
collecting field sampling data.
‘‘(9) USE OF EXPERTS.—Technical or other ex-
perts hired by grant recipients under this subsection
shall be hired by such recipients pursuant to guide-
lines developed by the Administrator.
‘‘(10) NON-SITE-SPECIFIC
GRANTS.—In accord-
ance with the rules promulgated by the Adminis-
trator, the Administrator may make Technical Assist-
ance Grant funds available to nonprofit organizations
and citizens groups to enhance their participation in
consensus-based rulemaking processes carried out in
accordance with this Act. Total funding for all such
grants shall not exceed $100,000.
‘‘(f) IMPROVING CITIZEN AND COMMUNITY PARTICIPA-
TION IN THE SUPERFUND DECISIONMAKING PROCESS.—
(1)(A) In order to provide an opportunity for meaningful
public participation in every significant phase of response
activities under this Act, the President shall provide the op-
portunity for public meetings and publish a notice of such
meetings before or during performance of each of the follow-
ing:
‘‘(i) The health assessment and the preliminary
assessment and site inspection, as appropriate. Where
the President determines a meeting is not appropriate
at the preliminary assessment and site inspection
stage, the President shall provide adequate public no-
tice of that decision.
‘‘(ii) The Remedial Investigation and Feasibility
Study (RI/FS).
‘‘(iii) The announcement of the preferred reme-
dial alternative.
‘‘(iv) The completion of the work plan for the RI/
FS, Remedial Design and Remedial Action.
‘‘(B) Public meetings shall be designed to obtain infor-
mation from the community and disseminate information
to the community concerning the President’s facility activi-
ties and pending decisions.
‘‘(2) The President also shall provide reasonable notice
of an opportunity for public participation in meetings in
which—
‘‘(A) the participants include Federal officials,
or State officials where the State is conducting re-
sponse activities, with authority to make significant
decisions affecting a response action, and any other
person or persons, unless the other person or persons
are all coregulators that are not potentially respon-
sible parties, or government contractors; and
‘‘(B) the subject of the meeting involves the devel-
opment of the work plan for the preliminary assess-
ment and site inspection, the RI/FS, Remedial Design
or Remedial Action, or any other phase of the reme-
dial process for facilities on the National Priorities
List or in the State Registry.
‘‘(3) To the extent practicable, before or during the
health assessments and site inspection, the President shall
solicit and evaluate concerns, interests, and information
from the community likely affected by the facility. The eval-
uation shall include, as appropriate, face-to-face commu-
nity surveys to identify the location of private drinking
water wells, historic and current or potential use of water,
and other environmental resources in the community; a
public meeting; written responses to significant concerns;
and other appropriate participatory activities.
‘‘(4) During the remedial investigation and feasibility
study, the President shall solicit the views and preferences
of the affected community on the remediation and disposi-
tion of hazardous substances, pollutants, or contaminants
at the facility. The views and preferences of affected commu-
nity members shall be described in the remedial investiga-
tion and feasibility study and considered in the screening
of remedial alternatives for the facility.
‘‘(5) Members of the affected community may propose
remedial alternatives to the President, and the President
shall consider such alternatives in the same manner as the
President considers alternatives proposed by potentially re-
sponsible parties.
‘‘(6) The President, with the assistance of the Citizen
Information and Access Office (as provided for in sub-
section (h)), shall provide information to the community
and seek comment from affected citizens throughout all sig-
nificant phases of the response action at the facility. The
President shall ensure that information gathered from af-
fected citizens during community outreach efforts reaches
appropriate technical staff in a timely and effective man-
ner. The President also shall ensure reasonable written or
other appropriate responses to such information.
‘‘(7) The President shall make all nonprivileged infor-
mation available to the public throughout all phases of re-
sponse action at the facility. Such information shall be
made available to the public for inspection and copying
without the need to file a formal request subject to reason-
able service charges as appropriate.
‘‘(8)(A) The President, in carrying out responsibilities
under this Act, shall ensure that the presentation of infor-
mation on risk is unbiased and informative. To the extent
feasible, documents made available to the general public
which purport to describe the degree of risk to human health
shall, at a minimum, state—
‘‘(i) the population or populations addressed by
any risk estimates;
‘‘(ii) the expected risk or central estimate of risk
for the specific population;
‘‘(iii) any appropriate upperbound and lower-
bound estimates; and
‘‘(iv) the reasonable range or other description of
uncertainties in the assessment process.
‘‘(B) To the extent practical and appropriate, the Ad-
ministrator shall provide comparisons of the level of risk
from hazardous substances found at facilities to comparable
levels of risk from hazardous substances ordinarily encoun-
tered by the general public through other routes of exposure.
‘‘(9) Notwithstanding any other provision of this sub-
section, in the case of a removal action taken in accordance
with section 104 which is expected to extend beyond 180
days, the President shall comply with the requirements of
this section. Whenever the planning period for a removal
action is expected to be greater than 6 months, the Adminis-
trator shall provide the community with notice of the an-
ticipated removal action and a public comment period of
no less than 30 days.’’.
SEC. 102. COMMUNITY WORKING GROUPS.
Section 117 (42 U.S.C. 9617) is amended by adding
after subsection (f) (as added by this Act) the following new
subsections:
‘‘(g) COMMUNITY WORKING GROUPS.—
‘‘(1) CREATION
AND
RESPONSIBILITIES.—The
President shall provide the opportunity for the estab-
lishment of a representative public forum, known as
a Community Working Group (CWG), to achieve di-
rect, regular, and meaningful consultation with all
interested parties throughout all stages of a response
action whenever—
‘‘(A) the President determines such a group
will be helpful; or
‘‘(B) 50 citizens, or at least 20 percent of
the population of a locality in which the Na-
tional Priorities List facility is located, petition
for a Community Working Group to be estab-
lished.
‘‘(2) 
DUTIES.—Each 
Community 
Working
Group shall provide information and views to the
President, and, as appropriate, any or all of the fol-
lowing: the Agency for Toxic Substances and Disease
Registry, State regulatory agencies, Federal and State
natural resource trustees, and potentially responsible
parties conducting response actions. The information
and views reported shall include the various subjects
related to facility remediation, including facility
health studies, potential remedial alternatives, and se-
lection and implementation of remedial and removal
actions. The Community Working Group shall at-
tempt to achieve consensus among its members before
reporting positions to agencies or potentially respon-
sible parties. In cases in which consensus cannot be
reached, the Community Working Group shall allow
the presentation of divergent views.
‘‘(3) LAND USE RECOMMENDATIONS.—To obtain
greater community support for remedial decisions af-
fecting future land use, the President shall consult
with the CWG on a regular basis throughout the rem-
edy selection process regarding the reasonably antici-
pated future use of land at the facility and any insti-
tutional controls required to assure that land use de-
terminations remain in effect. The CWG may offer
recommendations on the reasonably anticipated fu-
ture use of land at the facility to the President at any
time prior to the selection of a remedy at the facility.
The land use recommendation shall consider at a
minimum future facility waste management needs
and the criteria in section 121(b)(2). The President
shall not be bound by any recommendation of the
CWG. However, the President shall give substantial
weight to the CWG’s land use recommendation when
the CWG achieves consensus on the reasonably antici-
pated future use of land at the facility. In cases in
which there is substantive disagreement within the
CWG over a recommendation regarding the reason-
ably anticipated future use of land at the facility, the
President shall make reasonable efforts to reconcile the
differences. In the event of continued substantive dis-
agreement, substantial weight shall be given to the
views of the residents in the affected community.
Should the President make a determination that is
inconsistent with a consensus CWG recommendation
on the reasonably expected future use of land at the
facility, the President shall issue a written expla-
nation for the inconsistency.
‘‘(4) COMMUNITY WORKING GROUP INPUT.—With
the exception of land use recommendations, input re-
ceived from the Community Working Groups shall be
considered by the President to be of equal weight with
the advice received from the Technical Assistance
Grant recipients and other affected community mem-
bers.
‘‘(5) COMMUNITY WORKING GROUP MEMBERS.—
Members shall serve on the Community Working
Group without pay. Membership on the Community
Working Group shall not exceed 20 persons. The
President shall solicit and accept nominations for the
Community Working Group membership. Ultimate
selection of CWG members shall be made by the Presi-
dent after consultation with the Citizen Information
and Access Office as provided for in subsection (h).
The President shall also provide notice and oppor-
tunity to participate to persons who are or histori-
cally have been disproportionately affected by facility
contamination in their community. Each Community
Working Group shall, to the extent practicable, reflect
the composition of the community near the facility
and the diversity of interest. Local residents shall
comprise no less than 50 percent of the total member-
ship of the CWG. In general, the President shall allow
members of the following groups representation on a
CWG:
‘‘(A) Persons residing or owning residential
property near the facility or persons who may be
directly affected by the releases from the facility.
At least one person in this group shall represent
the Technical Assistance Grant recipient if such
a grant has been awarded under subsection (e).
‘‘(B) Persons who, although not residing or
owning property near the facility, may be poten-
tially affected by releases from the facility.
‘‘(C) Members of the local medical commu-
nity practicing in the community.
‘‘(D) Representatives of local Indian tribes
or Indian communities.
‘‘(E) Local representatives of citizen, envi-
ronmental, or public interest groups with mem-
bers residing in the community.
‘‘(F) Local government which may include
pertinent city or county governments, or both,
and any other governmental unit which regulates
land use in the vicinity of the facility.
‘‘(G) Workers at the facility who will be in-
volved in actual response operations.
‘‘(H) Workers employed at the facility dur-
ing facility operation.
‘‘(I) Facility owners and local representa-
tives of the significant Potentially Responsible
Parties (PRPs), who represent, wherever prac-
ticable, a balance of PRP interests.
‘‘(J) Members of the local business commu-
nity.
‘‘(6) TECHNICAL AND ADMINISTRATIVE SUPPORT
FOR COMMUNITY WORKING GROUPS.—The President
shall provide administrative services and meeting fa-
cilities for Community Working Groups. The Admin-
istrator of Environmental Protection Agency, the Ad-
ministrator of the Agency for Toxic Substances and
Disease Registry and the State, as appropriate, shall
participate in Community Working Group meetings
to provide information and technical expertise, but
shall not be members of the Community Working
Group.
‘‘(7) OTHER PUBLIC COMMENT.—The existence of
a CWG shall not diminish any other obligation of the
President to consider the views of any person in se-
lecting response actions under this Act.
‘‘(h) CITIZEN INFORMATION AND ACCESS OFFICES.—
‘‘(1) ESTABLISHMENT OF CITIZEN INFORMATION
AND ACCESS OFFICES.—Within 18 months after the
date of enactment of the Superfund Reform Act of
1994, a Citizen Information and Access Office
(CIAO) shall be established within each State to per-
form the functions provided in this subsection. The
CIAO shall be an independent special purpose unit of
the government, subject to the administrative laws of
the State, including any sunshine laws. If a CIAO
has not been established in a State within such 18
months, the Administrator shall establish an office
within the Agency to perform the functions of the
CIAO in that State until such time as a CIAO is es-
tablished.
‘‘(2) PRIMARY FUNCTIONS.—Each Citizen Infor-
mation and Access Office shall have the following pri-
mary functions:
‘‘(A) The Citizen Information and Access
Office shall inform citizens and elected officials
at all levels of government of the existence of
State Registry and National Priorities List fa-
cilities in the State.
‘‘(B) The Citizen Information and Access
Office shall provide citizens with a description of
the identification and response process under
this Act and citizens’ legal rights within that
process. It may include identification of re-
sources, including Technical Assistance Grants,
that are available to assist affected citizens in
participating effectively in the Superfund proc-
ess. Information shall be disseminated in a man-
ner that is easily understood by the community,
considering any unique cultural needs of the
community, including presentation of informa-
tion orally and distribution of information in
languages other than English as appropriate.
Other information that the CIAO shall provide
to the public may include the following:
‘‘(i) The possibility, where relevant,
that a community may qualify to receive an
alternative water supply or relocation as-
sistance.
‘‘(ii) The potential for or existence of a
Community Working Group.
‘‘(iii) A description of the facility’s lo-
cation and characteristics, the hazardous
substances, 
pollutants 
or 
contaminants
present, the known exposure pathways, and
the steps being taken to assess the risk pre-
sented by the facility. The Citizen Informa-
tion and Access Office shall disseminate in-
formation characterizing the risks presented
by a facility. Where a CIAO receives con-
flicting information from the President and
the Community Working Group, the CIAO
will make every effort to resolve any appar-
ent difference in information on the risks
present at the facility before it distributes
that information to the public. Where no
agreement is reached among the Citizen In-
formation and Access Office, the President,
and the Community Working Group, the
Citizen Information and Access Office shall
disseminate such information reflecting the
differing views about the risk presented by
the facility. The Citizen Information and
Access Office shall seek to ensure that the
information it disseminates is based on the
most current technical and scientific data
in its possession for any State Registry or
National Priorities List facility.
‘‘(C) The Citizen Information and Access
Office shall serve as an information clearing-
house in each State. Its functions also shall in-
clude maintaining records of each facility’s sta-
tus and any health data generated concerning
National Priorities List facilities in each State.
The facility data maintained by the Citizen In-
formation and Access Office shall also include—
‘‘(i) a record of any institutional con-
trols at all facilities in the State;
‘‘(ii) any annual health data generated
in connection with the facility;
‘‘(iii) the location of each facility on
the State Registry;
‘‘(iv) to the extent available, the haz-
ardous substances or pollutants or contami-
nants present at each facility in the State,
including the volume of the hazardous sub-
stances or pollutants or contaminants;
‘‘(v) the exposure pathways, current ex-
posure (if any), potential future exposure,
and risks to human health or the environ-
ment, after seeking to resolve any discrep-
ancies 
as 
provided 
in 
subparagraph
(B)(iii);
‘‘(vi) protective concentration levels es-
tablished for the facility;
‘‘(vii) the biennial Environmental Jus-
tice Report prepared pursuant to this sec-
tion; and
‘‘(viii) any report generated during the
review conducted in accordance with section
121(c).
‘‘(D) The Citizen Information and Access
Office shall assist the Administrator in the Ad-
to each Citizen Information and Access Office or, in
States where no CIAO is established, the funding shall
be made available to the Administrator to carry out
the responsibilities of this subsection in that State or
for the use of the entity with whom the Administrator
contracts to perform the functions of the CIAO.
‘‘(4) CITIZEN INFORMATION AND ACCESS OFFICE
GOVERNING BOARD.—
‘‘(A) ESTABLISHMENT.—Each Citizen In-
formation and Access Office shall establish a vol-
unteer Citizen Governing Board which shall have
the ultimate responsibility for ensuring that the
Citizen Information and Access Office is prop-
erly managed.
‘‘(B) CITIZEN
INFORMATION
AND
ACCESS
OFFICE GOVERNING BOARD MEMBERS.—
‘‘(i) NOMINATIONS.—Citizens active in
State Registry and National Priorities List
facility communities shall nominate persons
for board membership.
‘‘(ii) APPOINTMENTS.—The Governor
of each State shall appoint, from those
nominees put forward, between 7 and 15
citizens to serve as board members.
‘‘(iii) MEMBERS
QUALIFICATIONS.—
Where possible, the Governor shall ensure
that one-half of the appointees reside in
communities affected by a variety of Na-
tional Priorities List facilities in the State,
and the other half reside in communities af-
fected by a variety of non-NPL State Reg-
istry facilities in the State. Board members
shall have a demonstrated commitment to
the needs of the citizens in these commu-
nities, and shall reasonably reflect the ra-
cial and ethnic composition of these commu-
nities. Special efforts shall be made to
nominate citizens who are or historically
have been disproportionately adversely af-
fected by facility contamination.
‘‘(iv) EXPERIENCE.—Where possible,
Board members should have a background
in a field of study related to the scientific
and technical issues common to Superfund
facilities, or have practical experience relat-
ed to the Superfund program.
‘‘(v) TERMS.—Board members shall
serve for limited, staggered terms.
‘‘(5) CITIZEN INFORMATION AND ACCESS OFFICE
STAFF.—Each Citizen Information and Access Office
shall have a permanent staff to assist in carrying out
its functions. Staff shall have demonstrated qualifica-
tions for working with citizens in communities lo-
cated near State Registry or National Priorities List
facilities, and shall also meet other criteria established
by the President in consultation with the Citizen In-
formation and Access Office Citizen Governing Board.
An Executive Director or President, selected by the
full Governing Board, shall be responsible for all Citi-
zen Information and Access Office staffing decisions.
‘‘(6) FEDERAL OVERSIGHT OF CITIZEN INFORMA-
TION AND ACCESS OFFICE.—
‘‘(A) REPORT.—The Citizens Information
and Access Office shall report annually to the
Administrator regarding performance of its du-
ties and shall provide a detailed accounting of
its use of funds under this section.
‘‘(B) VERIFICATION
BY
INSPECTOR
GEN-
ERAL.—The Inspector General of the Environ-
mental Protection Agency shall periodically re-
view the programs and reports made under this
section.
‘‘(C) CONSEQUENCES
OF
FAILURE.—The
Administrator may withhold any funding au-
thorized under this section if the Administrator
determines, after notice to the affected CIAO,
that the CIAO has expended funds in a manner
inconsistent with this section.
‘‘(7) CITIZEN
INFORMATION
AND
ACCESS
OF-
FICES AND COMMUNITY WORKING GROUPS FOR TRIBAL
PEOPLES.—Members of Indian tribes affected by a fa-
cility on the National Priorities List may petition the
Administrator to form a body that is the equivalent
of a State Citizen Information and Access Office. Not-
withstanding the creation of a tribal Citizen Informa-
tion and Access Office, the State Citizen Information
and Access Office shall be responsible for providing
information and expertise to tribal members as well
as other citizens in the State. Tribal members may es-
tablish Community Working Groups under subsection
(g) regardless of whether there exists a tribal Citizen
Information and Access Office or other tribal program
relating to this Act.
‘‘(i) ENVIRONMENTAL JUSTICE STUDY.—
‘‘(1) REPORT BY THE ADMINISTRATOR.—The Ad-
ministrator shall prepare and submit to Congress an
Environmental Justice Study two years after the date
of enactment of the Superfund Reform Act of 1994
and every 2 years thereafter. Such study also shall be
provided to the Citizen Information Access Offices.
The Administrator and Citizen Information Access
Offices shall ensure that copies of such studies are
made available to the public.
‘‘(2) CONTENT OF THE REPORT.—The Adminis-
trator’s report shall include an analysis of each facil-
ity which shall compare information on priority set-
ting, response actions, and public participation re-
quirements conducted under this Act to the popu-
lation, race, ethnicity, and income characteristics of
each community affected by each facility.
‘‘(3) EVALUATION.—The Administrator shall
evaluate the information in the study to determine
whether priority setting, response actions, and public
participation requirements were conducted in a fair
and equitable manner and identify program areas
that require improvements or modification.
‘‘(4) ACTIONS BASED ON EVALUATION.—The Ad-
ministrator shall institute the necessary improve-
ments or modifications to address any deficiencies
identified in the study prepared under this section.’’.
SEC. 103. HAZARD RANKING SYSTEM.
Section 105 (42 U.S.C. 9605(a)) is amended as follows:
(1) By inserting after subsection (g) the follow-
ing new subsections:
‘‘(h) HAZARD RANKING SYSTEM.—In setting priorities
under subsection (a)(8), the President—
‘‘(1) shall group facilities together, even if they
are not adjacent or geographically juxtaposed, and
score them as a single facility where more than one
facility listed on the State Registry results in hazard-
ous substances exposures to the same population;
‘‘(2) may take into account to the maximum ex-
tent technically feasible any history of exposure to
hazardous substances in the community regardless of
the source of exposure, in placing facilities on the Na-
tional Priorities List;
‘‘(3) shall take into account the use of land or
waterways for subsistence, religious, spiritual, or cul-
tural practices where such use results in additional
exposures, in placing facilities on the National Prior-
ities List; and
‘‘(4) shall conduct interviews with persons af-
fected by the facility and living in the community
and solicit their input and information in the hazard
ranking system evaluation.
‘‘(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 war-
rant inclusion on the National Priorities List. These facili-
ties shall be accorded a priority in evaluation for NPL list-
ing 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 para-
graph (10) of subsection (a) and inserting ‘‘; and’’
and by adding the following new paragraph after
such paragraph (10):
‘‘(11) a process and procedure for reviewing peti-
tions to reevaluate a facility not on the National Pri-
orities List for inclusion on the National Priorities
List where paragraphs (1), (2), and (3) of subsection
(h) are relevant.’’.
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 national registry of persons exposed to
toxic substances;’’.
(2) In subparagraph (E), by striking ‘‘admission
to hospitals and other facilities and services operated
or provided by the Public Health Service’’ and insert-
ing ‘‘referral to accredited medical care providers’’.
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 beginning with
‘‘Any toxicological profile or revision 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 rel-
evant toxicological testing which has been peer reviewed.
The profiles prepared under this paragraph shall be for
those substances highest on the list of priorities under para-
graph (2) for which profiles have not previously been pre-
pared or for substances not on the listing but which have
been found at non-National Priorities List facilities and
which have 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 profiles 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 determine 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 co-
operative agreements and grants with appropriate
public and nonprofit institutions. The research shall
be designed to determine the health effects (and tech-
niques for development of methods to determine such
health effects) of the substance’’.
(2) By redesignating clause (iv) as clause (v).
(3) By striking ‘‘and’’ at the end of clause (iii).
(4) By inserting after clause (iii) the following
new clause:
‘‘(iv) laboratory and other studies which can
lead to the development of innovative 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 instrumen-
tality of the United States, on the National Priorities List
established under section 105 of this Act. The public health
assessment shall be commenced as soon as practicable after
each facility is proposed for inclusion on the National Pri-
orities List and shall be completed not later than the date
of issuance of a remedial investigation and feasibility study
for the facility to allow full consideration in selecting the
remedial action of the public health implications of any re-
lease.’’.
(2) In subparagraph (D), by inserting ‘‘(i)’’ after
‘‘(D)’’ and by adding the following at the end of the
subparagraph: ‘‘The Administrator and the Adminis-
trator of ATSDR shall develop strategies to obtain
relevant on-site and off-site characterization data for
use in the health assessment. The Administrator shall,
to the maximum extent practicable, provide the Ad-
ministrator of ATSDR with the data and informa-
tion necessary to make public health assessments suf-
ficiently prior to the initiation of remedial actions to
allow ATSDR to complete these assessments. Where
deemed appropriate, the Administrator of ATSDR
shall provide to the Administrator as soon as prac-
ticable after site discovery, recommendations for sam-
pling environmental media for hazardous substances
of public health concern. To the extent feasible, the
Administrator shall incorporate such recommenda-
tions into its site investigation activities.
‘‘(ii) In order to improve community involvement in
health assessments, the Administrator of ATSDR shall
carry out each of the following duties:
‘‘(I) The Administrator of ATSDR shall actively
collect data from Community Working Groups (‘Com-
munity Working Groups’) and from other sources in
communities affected or potentially affected by re-
leases of hazardous substances, pollutants, or contami-
nants regarding exposure, relevant human activities,
and other factors.
‘‘(II) The Administrator of ATSDR shall design
health assessments that take into account the needs
and conditions of the affected community. Commu-
nity-based research models, building links to local ex-
pertise and local health resources should be used.
Each Community Working Group (or affected com-
munity where no Community Working Group exists)
shall be permitted to play an active and early role in
reviewing health assessment designs. In preparing
such designs, emphasis shall be placed on collection of
actual exposure data and sources of multiple exposure
shall be considered.’’.
(3) In subparagraph (H), by striking ‘‘health as-
sessment’’ 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 follows: ‘‘(A) Whenever
in the judgment of the Administrator of ATSDR it is ap-
propriate on the basis of the results of a public health assess-
ment or on the basis of other appropriate information, the
Administrator of ATSDR shall conduct a human health
study of exposure or other health effects for selected groups
or individuals in order to determine the desirability of con-
ducting full scale epidemiologic or other health studies of
the entire exposed population.’’.
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 Administrator of ATSDR shall—
‘‘(A) assemble, develop as necessary, and distrib-
ute to the States, medical colleges, physicians, nursing
institutions, nurses, and other health professionals
and medical centers, appropriate educational mate-
rials (including short courses) on the medical surveil-
lance, screening, and methods of prevention, diag-
nosis, and treatment of injury or disease related to
exposure to hazardous substances (giving priority to
those listed in paragraph (2)), through means the Ad-
ministrator of ATSDR considers appropriate; and
‘‘(B) assemble, develop as necessary, and distrib-
ute to the general public and to at-risk populations
appropriate educational materials and other informa-
tion on human health effects of hazardous sub-
stances.’’.
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 activities’’.
(2) In the first sentence, by striking ‘‘cooperative
agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
sions thereof), other appropriate public authorities,
public or private institutions, colleges, universities,
and professional associations’’.
(3) In the second sentence, by inserting ‘‘public’’
before ‘‘health assessments’’.
(4) By adding at the end the following new sub-
paragraph:
‘‘(B) When a public health assessment is conducted at
a facility on the National Priorities List, or a release is
being evaluated for inclusion on the National Priorities
List, the Administrator of ATSDR may provide the assist-
ance specified in this paragraph to public or private non-
profit entities, individuals, and community-based groups
that may be affected by the release or threatened release of
hazardous substances in the environment.’’.
SEC. 111. PUBLIC HEALTH RECOMMENDATIONS IN REME-
DIAL ACTIONS.
Section 121(c) (42 U.S.C. 9621(c)) is amended in the
first sentence by inserting after ‘‘remedial action’’ the sec-
ond time it appears the following: ‘‘, including public health
recommendations and decisions resulting from activities
under section 104(i),’’.
SEC. 112. TRANSITION.
(a) EFFECTIVE DATE IN GENERAL.—Except as pro-
vided in subsection (b), this title and the amendments made
by this title shall become effective upon the date of enact-
ment of this Act.
(b) SPECIAL RULE.—The requirements of paragraphs
(1) through (4) of section 117(f) and paragraph (1) of sec-
tion 117(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as added by sec-
tions 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.
Sec. 202. State cost share.
Sec. 203. Siting.
Sec. 204. The National Priorities List.
Sec. 205. The State registry.
Sec. 206. Conforming and miscellaneous amendments.
Sec. 207. Study of authorization of States to carry out Superfund.
Sec. 208. State role at Federal facilities.
SEC. 201. CONTRACTS OR COOPERATIVE AGREEMENTS
WITH STATES.
Title I is amended by adding after section 126 the fol-
lowing new section:
‘‘SEC. 127. CONTRACTS OR COOPERATIVE AGREEMENTS
WITH STATES.
‘‘(a) IN GENERAL.—
‘‘(1) APPLICATION
FOR
AUTHORITY
TO
TAKE
PREREMEDIAL
ACTION
AT
NON-NPL
FACILITIES.—A
State may apply to the Administrator to take or re-
quire preremedial actions (including removal actions)
under a contract 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 not listed on the National Priorities List
(NPL).
‘‘(2) APPLICATION FOR AUTHORITY TO TAKE RE-
SPONSE ACTION AT NPL FACILITIES.—A State may
apply to the Administrator to take or require response
actions, including selection and enforcement of reme-
dial actions and use of allocation procedures under
section 130, under a contract or cooperative agree-
ment as provided 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
facility proposed for listing on the National Priorities
List.
‘‘(3) APPROVAL OF APPLICATION.—The Adminis-
trator shall enter into a contract or cooperative agree-
ment under this section if the Administrator deter-
mines that the State—
‘‘(A) meets the qualification requirements
set forth in the regulations promulgated pursu-
ant to subsection (b); and
‘‘(B) with respect to authority to select re-
medial actions and use allocation procedures,
meets the qualification requirements set forth in
subsection (c).
‘‘(b) REGULATIONS.—The Administrator, in consulta-
tion with the States, shall promulgate regulations to imple-
ment this section. The regulations shall provide such addi-
tional qualifications for a contract or cooperative agreement
under this section as the Administrator considers reason-
able, including qualifications applicable to particular types
of preremedial or response actions. The regulations shall in-
clude a requirement that, in order for a State to qualify
for a contract or cooperative agreement with respect to a
facility under this section, the State may not be a major
potentially responsible party with respect to that facility.
‘‘(c) QUALIFICATION REQUIREMENTS WITH RESPECT
TO SELECTION OF REMEDIAL ACTION AND USE OF ALLOCA-
TION 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 Adminis-
trator also shall make each of the following determinations:
‘‘(1) The State has the capability to select reme-
dial actions or to use the allocation procedures under
section 130, including adequate legal authority, fi-
nancial and personnel resources, organization, and
expertise.
‘‘(2) The State meets any other qualifications set
forth in the regulations promulgated under subsection
(b) for selecting remedial actions or using the alloca-
tion procedures.
‘‘(3) The State demonstrates a historical record
of performing similar response actions.
‘‘(d) REQUIREMENTS FOR SELECTION OF REMEDIAL
ACTION.—In any contract or cooperative agreement that al-
lows a State to select remedial 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 National Contingency Plan, and
any other relevant regulations and guidelines adopted by
the Administrator.
‘‘(e) STATE AUTHORITY REGARDING ENFORCEMENT
OF SELECTED REMEDIAL ACTION.—(1) A State that selects
a remedial action pursuant to a contract or cooperative
agreement entered into under subsection (a) shall have the
authority to enforce the requirements of such remedial ac-
tion pursuant to section 121(f)(4).
‘‘(2) Such State also shall have the authority to enforce
compliance with any standard, regulation, condition, re-
quirement, 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 viola-
tion of such standard, regulation, condition, requirement,
order, or final determination. Such State may commence
an action seeking such relief unless the standard, regula-
tion, condition, requirement, order, or final determination
is arbitrary, capricious, 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 applicable to the remedial action in accordance
with section 121.
‘‘(f) REQUIREMENTS FOR ENFORCEMENT AND ALLOCA-
TION.—
‘‘(1) ENFORCEMENT.—In the case of a contract
or cooperative agreement providing for a State to ini-
tiate an enforcement action with respect to a facility
for purposes of recovering costs or compelling per-
formance of a remedy at the facility, the contract or
cooperative agreement shall require the State to pro-
vide for expedited settlements under section 122.
‘‘(2) USE OF ALLOCATION PROCEDURES.—(A) In
the case of a contract or cooperative agreement pro-
viding for a State to initiate an enforcement action
with respect to a facility subject to mandatory alloca-
tion pursuant to section 130(a)(1), the contract or co-
operative agreement shall require the State to use al-
location procedures with respect to the facility. The
contract or cooperative agreement shall require the
State to initiate the allocation process by certifying
each of the following:
‘‘(i) The State has completed a potentially
responsible party search substantially consistent
with subsection (c) of section 130 and will make
the results of that search available to the allo-
cator and the parties.
‘‘(ii) The State has notified Federal, State,
and tribal natural resource trustees of the com-
mencement 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 man-
datory allocation under section 130(a)(1) if the
President were conducting the response action.
‘‘(B) After the State has made a certification
under subparagraph (A), the Administrator shall ini-
tiate an allocation in accordance with the terms of
section 130. The Administrator may assign to the
State, by cooperative agreement or otherwise, any re-
sponsibilities to conduct the allocation, except that the
Administrator and Attorney General shall retain
their authority relating to orphan share funding as
provided by this paragraph and in section 130, in-
cluding the timing and terms of payment.
‘‘(C) The State may accept or reject the alloca-
tion report on the same basis as 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 al-
location pursuant to State law or the provisions of
this Act.
‘‘(D) The President, through either the Adminis-
trator or the Attorney General, or both, may partici-
pate 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 orphan share subject to Federal funding,
the State shall apply for such funding by certifying
each of the following to the Administrator and the At-
torney General:
‘‘(i) The allocation presents a reasonable
basis for resolving responsibility for the facility.
‘‘(ii) The assignment of an orphan share
shall be in accordance with section 130.
‘‘(F) The Administrator and the Attorney Gen-
eral 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 determine,
within 120 days after the request 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 limita-
tions, as set forth in section 130.
‘‘(G) The contract or cooperative agreement shall
provide the following:
‘‘(i) The Administrator may deduct from
orphan share funding the costs incurred in con-
ducting the allocation.
‘‘(ii) The State may use the orphan share
funding only to fund response actions through
settlement or to reimburse parties performing
work in excess of the share assigned to them in
allocation. No such reimbursement may exceed
the reimbursement level available under section
130.
‘‘(H) The State may recover funds provided
through orphan share funding from nonsettling re-
sponsible parties pursuant to State law or the provi-
sions of this Act. Seventy-five percent of such recover-
ies shall be returned to the Fund. The remaining 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, acting pursuant to a contract or coopera-
tive agreement under this section, has responsibility
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 facil-
ity, the President or the State may confer, in accord-
ance with requirements relating to covenants of sec-
tions 122 and 130, a covenant that will preclude some
or all administrative or judicial action by both the
President and the State to recover response costs or
to compel response actions at the facility with respect
to matters addressed in the settlement, except that
such covenants shall not be binding on the govern-
mental entity that did not confer the covenant to the
extent that—
‘‘(i) the covenant purports to address natu-
ral resource damages; or
‘‘(ii) the President or the State has not been
provided notice of, and an opportunity to par-
ticipate in, the settlement concerning the re-
sponse action; or
‘‘(iii) the President or the State objects to
the settlement within 120 days of the date of sig-
nature for the record of decision or receipt of no-
tice of the settlement, whichever is later.
‘‘(B) The covenants described by this paragraph
may be conferred by either the Administrator or the
State with respect to a facility owned or operated by
any department, agency, or instrumentality of the
United States (including the executive, legislative,
and judicial branches of government). The Adminis-
trator may confer a covenant in an administrative
order, consent decree, or an interagency agreement.
The State may confer a covenant in an administra-
tive order or a consent decree.
‘‘(g) TERMS AND CONDITIONS; ENFORCEMENT.—
‘‘(1) IN
GENERAL.—A contract or cooperative
agreement under this section shall be subject to such
terms and conditions as the Administrator may pre-
scribe. If a State fails to comply with a requirement
of a contract or cooperative agreement, the Adminis-
trator, after 90 days notice to the affected State, may
seek in the appropriate United States district court to
ensure performance of the response action, or to re-
cover any funds advanced or any costs incurred be-
cause of the breach.
‘‘(2) SPECIFIC TERMS.—A contract or coopera-
tive agreement under this section shall include the fol-
lowing requirements:
‘‘(A) A requirement that the State shall ex-
ercise any authority conferred 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 Unit-
ed States.
‘‘(B) A requirement that the State have and
maintain sufficient legal authority under appli-
cable State law to enter into the contract or co-
operative agreement.
‘‘(C) A requirement that the Administrator
retain authority to terminate and recoup fund-
ing, and to terminate the contract or cooperative
agreement, if the State fails to perform the con-
tract or cooperative agreement in a manner con-
sistent with this Act. At least 90 days before ter-
minating any contract or cooperative agreement
with a State, the Administrator shall provide to
the State a written explanation of the reasons for
the proposed termination and afford an oppor-
tunity to the State to discuss the termination
and to propose actions to correct any defi-
ciencies.
‘‘(D) A requirement imposing a non-
discretionary duty on the Administrator to per-
form or compel expeditious performance of re-
sponse actions under the contract or cooperative
agreement if the State fails to comply with the
terms of the contract or cooperative agreement.
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall
affect the exercise by a State of any other authorities that
may be applicable to facilities 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
COOPERATIVE
AGREEMENTS.—The requirements of paragraphs (3), (6),
and (7) of this subsection shall apply only to contracts and
cooperative agreements pursuant to section 104(d) entered
into prior to the enactment of the Superfund Reform Act
of 1994.
‘‘(11) STATE COST SHARE.—After the date of enact-
ment of the Superfund Reform Act of 1994, the Adminis-
trator 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 Administrator, that—
‘‘(A) the State will pay or assure payment of 15
percent of the cost of such response 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 oper-
ation and maintenance of funded response actions.’’.
SEC. 203. SITING.
Section 104(c)(9) is amended to read as follows:
‘‘(9) SITING.—Effective 1 year after the date of enact-
ment of the Superfund Reform Act of 1994, the President
shall not provide any remedial actions pursuant to this sec-
tion 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 generated within the State, in accordance with
guidelines issued by the Administrator.’’.
SEC. 204. THE NATIONAL PRIORITIES LIST.
Section 105(a)(8)(B) is amended by striking ‘‘as part
of the plan’’.
SEC. 205. THE STATE REGISTRY.
Section 105(a)(8) of the Act (42 U.S.C. 9605(a)(8)) is
amended by adding after subparagraph (B) the following
new subparagraph:
‘‘(C) STATE REGISTRY.—Each State shall main-
tain and make available to the public a list of facili-
ties in the State that are believed to present a current
or potential hazard to human health or the environ-
ment due to the release or threatened release of haz-
ardous substances or pollutants or contaminants.
Each State, in consultation with the Administrator
and other appropriate Federal agencies, shall update
such listing on an annual basis.’’.
SEC. 206. 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 ENFORCE-
MENT.—(1)’’ and inserting ‘‘PERMITS.—’’.
(2) Section 121(f) is amended by adding at the end
the following new paragraph:
‘‘(4) A State may enforce any Federal or State stand-
ard, requirement, criteria, or limitation to which the reme-
dial action is required to conform under this Act in the
United States district court for the district in which the
facility is located.’’.
(b) SECTION 126(a).—Section 126(a) is amended by
adding after ‘‘section 104(i) (regarding health authorities)’’
the following: ‘‘, section 127 (regarding contracts and coop-
erative agreements), section 128 (regarding voluntary re-
sponse actions), subsection (f) of section 121 (relating to
cleanup standards), section 122(d)(1)(D) (relating to com-
pliance 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 following new paragraph:
‘‘(5) TERMINATION.—This subsection shall cease to be
in effect on the effective date of regulations promulgated to
implement section 127, as added by the Superfund Reform
Act of 1994.’’.
SEC. 207. STUDY OF AUTHORIZATION OF STATES TO CARRY
OUT SUPERFUND.
The Administrator of the Environmental Protection
Agency shall conduct a study of the feasibility of authoriz-
ing States to use their own laws to carry out the provisions
of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 in lieu of the Federal pro-
gram established under such Act.
SEC. 208. 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 AU-
THORITIES.—A State may apply to the Adminis-
trator to exercise the authorities vested in the Admin-
istrator under this section at any or all facilities
owned or operated by any department, agency, or in-
strumentality of the United States (including the ex-
ecutive, legislative, and judicial branches of govern-
ment), including the authority—
‘‘(A) to publish a timetable and deadlines
for completion of any remedial investigation and
feasibility study;
‘‘(B) to review and approve all documents
prepared in connection with any such investiga-
tion and study;
‘‘(C) to select and approve remedies; and
‘‘(D) to enter into and enforce, through ju-
dicial or administrative means, agreements, or-
ders, and consent decrees entered into pursuant
to this Act.
‘‘(2) TRANSFER OF AUTHORITIES.—The Admin-
istrator shall enter into a contract or cooperative
agreement to transfer the authorities described in
paragraph (1) if the Administrator determines the
following:
‘‘(A) The State has the ability to exercise
such authorities in accordance with this Act, in-
cluding adequate legal authority, financial and
personnel resources, organization, and expertise.
‘‘(B) The State demonstrates experience in
exercising similar authorities.
‘‘(3) EFFECT OF AUTHORIZATION UNDER SOLID
WASTE DISPOSAL ACT.—In the review by the Admin-
istrator of an application of a State for transfer of
authorities under this subsection, if the State is au-
thorized to implement a State hazardous waste pro-
gram pursuant to section 3006 of the Solid Waste
Disposal Act (42 U.S.C. 6926), the following provi-
sions apply:
‘‘(A) With respect to a State that is a signa-
tory to an interagency agreement under sub-
section (e)(2) that is in effect on the effective date
of the Superfund Reform Act of 1994, the Ad-
ministrator, in making the determinations re-
ferred to in paragraph (2), shall accord substan-
tial weight to the State’s hazardous waste pro-
gram authorization and the Administrator’s
findings in approving such authorization.
‘‘(B) With respect to a State whose author-
ization under such section 3006 includes author-
ization to implement the corrective action provi-
sions of the Solid Waste Disposal Act, the Ad-
ministrator shall approve the application and
provide for the orderly transfer of authorities as
expeditiously as possible, but in no case later
than 6 months after the date of receipt of the ap-
plication, unless the parties agree to another
deadline.
‘‘(4) EFFECT
OF
TRANSFER.—Any State to
which authorities are transferred under this sub-
section 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 para-
graph (3)(B), the Administrator shall make a deter-
mination on an application from a State under this
subsection not later than 90 days after the date the
Administrator receives the application.
‘‘(6) WITHDRAWAL OF AUTHORITIES.—(A) The
Administrator may withdraw the authorities trans-
ferred under this subsection in whole or in part if the
Administrator 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 ap-
proved under paragraph (3)(B), that the State is
no longer authorized to implement the corrective
action provisions of the Solid Waste Disposal
Act.
‘‘(B) At least 90 days before withdrawing any
such transferred authorities from a State, the Admin-
istrator shall provide to the State a written expla-
nation of the reasons for the proposed withdrawal and
afford an opportunity to the State to discuss the with-
drawal and to propose actions to correct any defi-
ciencies.
‘‘(7) LIMITATION.—Except for authorities that
are transferred by the Administrator to a State pur-
suant to this subsection, or that are transferred by the
Administrator to an officer or employee of the Envi-
ronmental Protection Agency, no authority vested in
the Administrator under this section may be trans-
ferred, 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 au-
thorities to a State pursuant to this subsection, noth-
ing in this subsection shall be construed as altering,
modifying, or impairing in any manner any agree-
ment, permit, administrative or judicial order, decree,
or interagency agreement existing on the effective date
of the Superfund Reform Act of 1994. Nothing in this
subsection shall affect the exercise by a State of any
other authorities that may be applicable to facilities
in such State.’’.
TITLE III—VOLUNTARY
RESPONSE
Sec. 301. Voluntary response program.
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 purposes and
objectives of this section are to—
‘‘(1) significantly increase the pace of response
activities at contaminated sites by promoting and en-
couraging the creation, development, and expansion of
State voluntary response programs; and
‘‘(2) benefit the public health, welfare, and the
environment by returning contaminated sites to eco-
nomically productive or other beneficial uses.
‘‘(b) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator shall establish a program to provide technical, finan-
cial, and other assistance, including grants, to States to es-
tablish and expand voluntary response programs.
‘‘(c) EPA ASSISTANCE TO STATES FOR STATE VOL-
UNTARY RESPONSE PROGRAMS.—The Administrator shall
assist States in the establishment and administration of
State voluntary response programs that—
‘‘(1) provide opportunities for technical assist-
ance for voluntary response actions;
‘‘(2) provide adequate opportunities for public
participation in selecting response actions, including
prior notice and opportunity for comment in appro-
priate circumstances;
‘‘(3) provide streamlined procedures to ensure ex-
peditious 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 accordance with an appropriate re-
sponse action plan and ensure completion of response
actions if the person conducting the response action
fails or refuses to complete the necessary response ac-
tivities, including operation and maintenance or
long-term monitoring activities;
‘‘(5) provide mechanisms for the approval of a
response action plan; and
‘‘(6) provide for a certification or similar docu-
mentation from the State to the person conducting the
response action 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 Administrator, documents the State deems
appropriate to describe a State voluntary response pro-
gram, together with a certification that the program is con-
sistent with the elements set forth in subsection (c).
‘‘(e) QUALIFICATION OF STATE PROGRAM.—
‘‘(1) APPROVAL OR DISAPPROVAL.—A State vol-
untary response program submitted under subsection
(d) shall be a qualified program under this Act begin-
ning on the date 120 days after the submittal of the
certification under subsection (d) unless the Adminis-
trator determines before that date that the State’s sub-
mittal is not consistent with the elements set forth in
subsection (c). The Administrator 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 Ad-
ministrator 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 pro-
gram shall cease to be a qualified program under this
section. If the State subsequently undertakes corrective
measures, the Administrator shall reinstate the pro-
gram as a qualified program under this section. The
Administrator shall not withdraw approval of any
such program unless the Administrator provides to
the State in writing and publishes 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 pro-
gram under this section shall be proposed for listing on the
National Priorities List so long as substantial and contin-
ual response activities are being undertaken pursuant to
such plan to complete the response action in a timely man-
ner as set forth in the response action plan. Nothing in this
section shall be construed to limit the Administrator’s abil-
ity to list on the National Priorities List facilities that have
been proposed for listing, or to compel response action
under section 106 of the Act.
‘‘(g) CONDUCT
OF RESPONSE.—The Administrator
shall, after consultation with the State, and notice and op-
portunity for public comment, promulgate regulations de-
scribing circumstances in which any State having a quali-
fied program, and also authorized to issue permits under
Federal environmental statutes, may waive such permit re-
quirements 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
compliance with the relevant substantive requirements of
the statute concerned.
‘‘(h) 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.
‘‘(i) COMPLIANCE WITH NCP.—Response actions con-
ducted pursuant to a qualified program shall be presumed
to be consistent with the National Contingency Plan for the
purposes of private cost recovery claims under this Act.
‘‘(j) ANNUAL REPORTING.—
‘‘(1) REPORT BY STATE.—States with qualified
programs under this section shall report to the Ad-
ministrator at the end of each calendar year on the
status of their programs. Each such report shall in-
clude a statement regarding whether the program con-
tinues to be consistent with the elements set forth in
subsection (c).
‘‘(2) REPORT BY ADMINISTRATOR.—The Admin-
istrator shall report, not later than one year after the
enactment of this section, and annually thereafter, to
the Congress on the status of State voluntary response
program. The report shall include an analysis of
whether qualified State voluntary response action
programs continue to be consistent with the elements
set forth in subsection (c).
‘‘(k) STATUTORY CONSTRUCTION.—(1) This section is
not intended to impose any requirement on a State vol-
untary response program existing on or after the date of
the enactment of the Superfund Reform Act of 1994.
‘‘(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
Drinking 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 pur-
chaser of the facility within the meaning of section 101(39).
‘‘(3) 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 a bona fide
purchaser for purposes of section 107(a)(6)(C).’’.
TITLE IV—LIABILITY AND
ALLOCATION
Sec. 401. Information gathering and access.
Sec. 402. Compliance with administrative orders.
Sec. 403. Limitations to liability for response costs.
Sec. 404. Liability.
Sec. 405. Civil proceedings.
Sec. 406. Limitations on contribution actions.
Sec. 407. Scope of rulemaking authority.
Sec. 408. Enhancement of settlement authorities.
Sec. 409. Professional services.
Sec. 410. Final covenants.
Sec. 411. Expedited final settlements.
Sec. 412. Allocation procedures.
Sec. 413. Recycling transactions.
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 subparagraph (C)
and inserting ‘‘response action’’; and
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) The identity of any persons engaged
in, responsible for, controlling, 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 per-
form or pay for a response action.
‘‘(F) Information that is otherwise relevant
to enforce the provisions of this Act.
‘‘(G) For a person conducting a response
action, an accounting of direct and indirect costs
the person has incurred in conducting such re-
sponse 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 follow-
ing:
‘‘(3) CERTIFICATION.—The President may re-
quire respondents to requests made pursuant to this
subsection to certify that—
‘‘(A) the responses are true, accurate, and
complete to the best of the respondent’s knowl-
edge;
‘‘(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, direc-
tors, employees, and agents of the person to
whom the request was directed;
‘‘(D) the responses accurately and com-
pletely reflect information obtained in the course
of conducting such search and inquiry;
‘‘(E) the respondent understands that there
is a continuing obligation to supplement the re-
sponse if any additional, new, or different infor-
mation relevant to the matters addressed in the
request or the response thereto becomes known or
available to the respondent; and
‘‘(F) the respondent understands that there
are significant penalties for submitting false in-
formation, including the possibility of fine and
imprisonment.’’.
(c) ADMINISTRATIVE SUBPOENAS.—Section 104(e) (42
U.S.C. 9604(e)) is further amended by inserting after para-
graph (8) (as redesignated by subsection (b)) the following
new paragraph:
‘‘(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 require the
attendance and testimony of witnesses and the pro-
duction of reports, papers, documents, answers to
questions, and other information listed in paragraph
(2) that the Administrator considers necessary. Wit-
nesses shall be paid the same fees and mileage that
are paid witnesses 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 United States in which venue is proper shall
have jurisdiction to order any such person to comply
with such subpoena. Any failure to obey such an
order of the court is punishable by the court as a con-
tempt thereof.’’.
(d) CONFIDENTIALITY
OF INFORMATION.—Subpara-
graph (A) of section 104(e)(8) (as redesignated by sub-
section (b)), is amended to read as follows:
‘‘(A) Any records, reports, documents, or infor-
mation obtained from any person under this section
(including records, reports, documents, or information
obtained by representatives of the President and
records, reports, documents, or information obtained
pursuant to a contract, grant, or other agreement to
perform work pursuant to this section) shall be avail-
able to the public, except as follows:
‘‘(i) Upon a showing satisfactory to the
President (or the State, as the case may be) by
any person that records, reports, documents, or
information, or any particular part thereof
(other than health or safety effects data), to
which the President (or the State, as the case
may be) or any officer, employee, or representa-
tive has access under this section if made public
would divulge information entitled to protection
under section 1905 of title 18, United States
Code, such information or particular portion
thereof shall be considered confidential in accord-
ance with the purposes of that section, except
that such record, report, document, or informa-
tion may be disclosed to other officers, employees,
or authorized representatives of the United
States carrying out this Act, or when relevant in
any proceeding under this Act, or, if such
records, reports, documents, or information are
obtained or submitted to the United States (or
the State, as the case may be) pursuant to a con-
tract, grant, or other agreement to perform work
pursuant to this section, to persons from whom
the President seeks to recover costs pursuant to
this Act.
‘‘(ii) This section does not require that in-
formation which is exempt from disclosure pur-
suant to section 552(a) of title 5, United States
Code, by reason of subsection (b)(5), subsection
(b)(6), or subsection (b)(7) of such section, be
available to the public, nor shall the disclosure of
any such information pursuant to this section
authorize disclosure to other parties or be deemed
to waive any confidentiality privilege available
to the President under any Federal or State
law.’’.
(e) CONFIDENTIALITY REQUIREMENTS FOR CONTRAC-
TORS.—Paragraph (8) of section 104(e) (as redesignated by
subsection (b)) is amended by adding at the end the follow-
ing new subparagraph:
‘‘(G)(i) No person described in clause (ii) may
disclose such record, report, document, or other infor-
mation without the permission of the President.
‘‘(ii) A person referred to in clause (i) is any
person—
‘‘(I) who is not an employee of the United
States Government; and
‘‘(II) who, by virtue of the person’s duties
under a contract or cooperative agreement with
the United States under this section to perform
work for the United States Government or imple-
ment the requirements of this Act, has received
information obtained under this section (or any
record, report, or document containing such in-
formation) which, if requested from the United
States Government pursuant to section 552 of
title 5, United States Code, would be exempt
from disclosure by reason of subsection (b) of
such section.’’.
(f) AVAILABILITY OF INFORMATION TO CONGRESS.—
Subsection 104(e) is further amended by adding after para-
graph (9) the following new paragraph:
‘‘(10) AVAILABILITY OF INFORMATION TO CON-
GRESS.—Nothing in this subsection shall be construed
to authorize any person, including the allocator, to
withhold any documents or information from Con-
gress, or any duly authorized Committee thereof, or
limit in any manner the right of Congress, or any
duly authorized Committee thereof, to obtain such
documents or information.’’.
SEC. 402. COMPLIANCE WITH ADMINISTRATIVE ORDERS.
(a) ADDITIONAL AUTHORITY TO ISSUE ORDERS.—
Section 106(a) (42 U.S.C. 9606(a)) is amended by adding
at the end the following: ‘‘The President may amend such
orders and issue additional orders relating to the facility,
as appropriate, without a subsequent finding of an immi-
nent and substantial endangerment, to complete all re-
sponse actions necessary to respond to an actual or threat-
ened release or to require additional response actions that
are necessary or appropriate to respond to the actual or
threatened release that was the subject of the original
order.’’.
(b) SUFFICIENT CAUSE.—Section 106(b)(1) (42 U.S.C.
9606(b)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’;
(2) by striking ‘‘to enforce such order’’;
(3) by inserting before the period ‘‘, or be re-
quired to comply with such order, or both, even if an-
other person has complied, or is complying, with the
terms of the same order or another order pertaining
to the same facility and release or threatened release’’;
and
(4) by inserting at the end the following:
‘‘(B) For purposes of this subsection, a ‘sufficient
cause’ requires—
‘‘(i) an objectively reasonable belief by the person
to whom the order is issued that the person is not lia-
ble for any response costs under section 107; or
‘‘(ii) that the action to be performed pursuant to
the order is inconsistent with the national contin-
gency plan, as determined by a Federal court that has
jurisdiction over such order.
‘‘(C) The existence or results of an allocation process
pursuant to section 130 shall not affect or constitute a basis
for a determination of ‘sufficient cause’ under this para-
graph or under section 107(c)(3).’’.
(c) REIMBURSEMENT.—Subsection (b) of section 106
(42 U.S.C. 9606(b)) is further amended in the first sentence
of paragraph (2)(A) by striking ‘‘completion of’’ and insert-
ing ‘‘the President determines that such person has com-
pleted’’.
SEC. 403. LIMITATIONS TO LIABILITY FOR RESPONSE
COSTS.
(a) LIMITATIONS ON LIABILITY.—Section 107(a) (42
U.S.C. 9607(a)) is amended as follows:
(1) In paragraph (1), by striking ‘‘and’’ and in-
serting ‘‘or’’.
(2) In paragraph (3), by striking ‘‘person,’’ and
inserting ‘‘person or’’.
(3) In paragraph (4)(A), by inserting ‘‘, includ-
ing the costs of overseeing response actions conducted
by potentially responsible parties,’’ before ‘‘incurred
by the United States’’.
(4) In paragraph (4)(B)—
(A) by striking ‘‘other’’ both places it ap-
pears; and
(B) by inserting ‘‘, other than the United
States, a State, or an Indian tribe,’’ before the
phrase ‘‘consistent with the national contingency
plan’’.
(5) In paragraph (4), by striking ‘‘by such per-
son,’’ and all that follows through ‘‘shall be liable
for—’’ and inserting in lieu thereof the following: ‘‘by
such person—
from which there is a release, or a threatened release, that
causes the incurrence of response costs, of a hazardous sub-
stance, shall be liable for—’’.
(6) By designating the text beginning with ‘‘The
amounts recoverable’’ and ending with ‘‘this sub-
section commences.’’ as paragraph (5) and aligning
the margin of such text with paragraph (4).
(7) By adding the following new paragraphs
after paragraph (5):
‘‘(6) Notwithstanding paragraphs (1) through
(4) of this subsection, a person who does not impede
the performance of response actions or natural re-
source restoration shall not be liable:
‘‘(A)(i) To the extent liability is based solely
on paragraph (3) or (4) of this subsection, and
the person arranged for disposal, treatment, or
transport for disposal or treatment, or accepted
for transport for disposal or treatment of only
municipal solid waste or sewage sludge owned or
possessed by such person, and the person is—
‘‘(I) the owner, operator, or lessee of
residential property;
‘‘(II) a small business; or
‘‘(III) a small non-profit organization.
‘‘(ii) This subparagraph shall have no effect
on the liability of any other person.
‘‘(B) To the extent liability is based solely
on paragraph (3) or (4) of this subsection, and
the person can demonstrate that it arranged for
disposal or treatment, or transport for disposal
or treatment or accepted for transport for dis-
posal or treatment, 55 gallons or less of liquid
materials containing hazardous substances or
pollutants or contaminants or less than 100
pounds of solid materials containing hazardous
substances or pollutants or contaminants, or
such greater or lesser amount as the Adminis-
trator may determine by regulation, except in a
case in which—
‘‘(i) the Administrator has determined
that such material contributed or could con-
tribute significantly to the costs of response
at the facility, or
‘‘(ii) the person has failed to respond
fully and completely to information requests
or administrative subpoenas by the United
States.
‘‘(C) To the extent liability is based solely
on paragraph (1) of this subsection for a release
or threat of release from a facility, and the per-
son is a bona fide prospective purchaser of the
facility.
‘‘(D) To the extent liability is based solely
on the person’s status as owner under paragraph
(1) for a release or threat of release from a facil-
ity, and the person acquired the facility by in-
heritance or bequest if the person—
‘‘(i) acquired the real property on
which the facility concerned is located after
disposal or placement of the hazardous sub-
stance took place;
‘‘(ii) did not cause or contribute to the
release or threat of release; and
‘‘(iii) exercised due care with respect to
the hazardous substance concerned, includ-
ing precautions against foreseeable acts of
third parties, taking into consideration the
characteristics of such hazardous substance,
in light of all relevant facts and cir-
cumstances.
‘‘(E) To the extent the liability of a Federal
or State governmental entity or municipality is
based solely on its—
‘‘(i) ownership of a road, street, or
other right of way or public transportation
route (other than railroad rights of way
and railroad property) over which hazard-
ous substances are transported; or
‘‘(ii) granting of a license or permit to
conduct business.
‘‘(F) To the extent the liability of a depart-
ment, agency, or instrumentality of the United
States is based on actions of such department,
agency, or instrumentality taken in response to
a natural disaster pursuant to the Act of August
18, 1941 (33 U.S.C. 701n) or The Robert T.
Stafford Disaster Relief and Emergency Act (42
U.S.C. 5121 and following).
‘‘(7) Notwithstanding paragraphs (1) through
(4), a person shall not be liable for more than 10 per-
cent of total response costs at a facility, in aggregate,
to the extent the person’s liability is based solely on
paragraph (3) or (4) of this subsection, and the ar-
rangement for disposal, treatment, or transport for
disposal or treatment, or the acceptance for transport
for disposal or treatment, involved only municipal
solid waste or sewage sludge. In any case in which
more than one person at a facility comes within the
coverage of this paragraph, the 10 percent limitation
on liability shall apply to the aggregate liability of
all such persons. Such limitation on liability shall
apply only if either the acts or omissions giving rise
to liability occurred before the date occurring 36
months after enactment of this paragraph, or the per-
son asserting the limitation institutes or participates
in a qualified household hazardous waste collection
program within the meaning of section 101(43).’’.
(b) 
PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—Section 107 is amended by inserting after sub-
section (m) the following new subsection:
‘‘(n) PROSPECTIVE
PURCHASER
AND
WINDFALL
LIEN.—(1) In any case in which there are unrecovered re-
sponse costs at a facility for which an owner of the facility
is not liable by reason of subsection (a)(6)(C), and the con-
ditions described in paragraph (2) are met, the United
States shall have a lien upon such facility for such unre-
covered costs. Such lien—
‘‘(A) shall not exceed the increase in fair market
value of the property attributable to the response ac-
tion at the time of a subsequent sale or other disposi-
tion of property;
‘‘(B) shall arise at the time costs are first in-
curred by the United States with respect to a response
action at the facility;
‘‘(C) shall be subject to the requirements for no-
tice and validity established in paragraph (3) of sub-
section (l); and
‘‘(D) shall continue until the earlier of satisfac-
tion of the lien or recovery of all response costs in-
curred at the facility.
‘‘(2) The conditions referred to in paragraph (1) are
the following:
‘‘(A) A response action for which there are unre-
covered costs is carried out at the facility.
‘‘(B) Such response action increases the fair
market value of the facility above the fair market
value of the facility that existed within six months be-
fore the response action was taken.
‘‘(C) A sale or other disposition of all or a por-
tion of the facility has occurred.’’.
‘‘(3) No lien under this section shall arise (A) with
respect to property for which the property owner preceding
the first bona fide prospective purchaser is not a liable
party or has resolved its liability under this Act, or (B)
where an audit or inquiry required under section
101(39)(B) by an environmental professional certified
under section 612 of the Superfund Reform Act of 1994
gives the bona fide prospective purchaser no knowledge or
reason to know of the release of hazardous substances.
SEC. 404. LIABILITY.
(a) LIABILITY.—Section 107(a) (42 U.S.C. 9607(a))
(as amended by section 403) is further amended by adding
the following new paragraph at the end thereof:
‘‘(8) The Administrator shall calculate the Envi-
ronmental Protection Agency response action over-
sight costs for which potentially responsible parties
are liable under this section (pursuant to paragraph
(4)(A)) on a national basis as a percentage of total
response costs incurred by potentially responsible par-
ties (in this paragraph referred to as the ‘national
oversight rate’). The calculation shall be based on
data comparing oversight expenditures of the Envi-
ronmental Protection Agency to estimated or actual
response costs incurred by potentially responsible par-
ties. The Administrator shall periodically review and
update the national oversight rate. In no case shall
the rate exceed 10 percent of total response costs in-
curred by potentially responsible parties. The na-
tional oversight rate shall be applied to all settlements
under section 130.’’.
(b) POLLUTANT AND CONTAMINANT LIABILITY.—(1)
Section 107(a) (42 U.S.C. 6907A(a)) (as amended by sub-
section (a)) is further amended by adding after paragraph
(8) the following new paragraph:
‘‘(9) When the President responds under the au-
thority of section 104(a)(1)(B), liability for response
costs under this section for pollutants and contami-
nants shall be identical to that for hazardous sub-
stances only if such pollutants and contaminants con-
stitute an imminent and substantial danger to
human health.’’.
(2) Such section is further amended by inserting ‘‘or
pollutant or contaminant’’ after ‘‘hazardous substance’’ and
‘‘hazardous substances’’ each place they appear in sub-
section (b), subsection (c), paragraphs (1) and (2) of sub-
section (d), subsection (i), subsection (j), and paragraph
(1)(B) of subsection (k).
(c) AMOUNT
OF LIABILITY.—Section 107(c)(3) (42
U.S.C. 9607(c)(3)) is amended in the first sentence—
(1) by inserting ‘‘, in addition to liability for
any response costs incurred by the United States as
a result of such failure to take proper action,’’ after
‘‘person’’ the second time it appears; and
(2) by striking ‘‘at least equal to,’’ and all that
follows through the end of the sentence and inserting
‘‘up to three times the amount of such response
costs.’’.
(d) CLARIFICATION
OF COMMON CARRIER LIABIL-
ITY.—Section 107(b)(3) is amended by striking out ‘‘from
a published tariff and acceptance for’’ and inserting ‘‘exclu-
sively from a contract for’’.
SEC. 405. CIVIL PROCEEDINGS.
(a) PETITIONS.—Section 113(a) (42 U.S.C. 9613(a))
is amended—
(1) by striking ‘‘upon application by any inter-
ested person’’ and inserting ‘‘by any interested person
through the filing of a petition for review’’; and
(2) by striking ‘‘application shall be made’’, and
inserting ‘‘petition shall be filed’’.
(b) PERIOD IN WHICH ACTION MAY BE BROUGHT.—
Section 113(g) (42 U.S.C. 9613(g)) is amended by striking
paragraphs (2) and (3) and inserting in lieu thereof the
following:
‘‘(2) ACTIONS FOR RECOVERY OF COSTS.—(A)
Except as provided in subparagraph (C), an initial
action for recovery of costs referred to in section 107
must be commenced—
‘‘(i) for a removal action, within 3 years
after completion of all removal action taken with
respect to the facility, including off-site disposal
of any removed materials, except that if physical
on-site construction of the remedial action is ini-
tiated within 3 years after the completion of all
removal action taken with respect to the facility,
costs incurred for removal action may be recov-
ered in a cost recovery action brought under
clause (ii); and
‘‘(ii) for a remedial action, within 6 years
after initiation of physical on-site construction
of the remedial action.
‘‘(B) In any such action described in this para-
graph, the court shall enter a declaratory judgment
on liability for response costs or damages that will be
binding in such action or in any subsequent action
or actions to recover further response costs or dam-
ages. A subsequent action or actions under section 107
for further response costs at the vessel or facility may
be maintained at any time during the response ac-
tion, but must be commenced no later than 3 years
after the date of completion of all response action. Ex-
cept as otherwise provided in this paragraph, an ac-
tion may be commenced under section 107 for recov-
ery of costs at any time after such costs have been in-
curred.
‘‘(C) An action by any potentially responsible
party against another potentially responsible party
for recovery of any response costs or damages must be
commenced within the later of—
‘‘(i) the time limitations set forth in sub-
paragraph (A); or
‘‘(ii) where recovery is sought for costs or
damages paid pursuant to a judgment or settle-
ment, 3 years after—
‘‘(I) the date of judgment in any ac-
tion under this Act for recovery of such
costs or damages, or
‘‘(II) the date of any administrative
order or judicial settlement for recovery of
the costs or damages paid or incurred pur-
suant to such a settlement.
‘‘(3) CLAIMS
BY
THE
UNITED
STATES
OR
STATES.—Claims by the United States under section
106 and claims by the United States or a State under
section 107(a) shall not be deemed compulsory coun-
terclaims in an action against the United States or
a State seeking response costs, contribution, damages,
or any other claim by any person under this Act.’’.
(c) JUDICIAL REVIEW.—Section 113(j)(1) (42 U.S.C.
9613(j)(1)) is amended by striking ‘‘or ordered by the Presi-
dent’’ and inserting ‘‘or selected by the President pursuant
to this Act, or ordered or sought by the President,’’.
SEC. 406. LIMITATIONS ON CONTRIBUTION ACTIONS.
Section 113(f) (42 U.S.C. 9613(f)) is amended as fol-
lows:
(1) Paragraph (1) is amended—
(A) by striking ‘‘Any person’’ in the first
sentence and inserting ‘‘Except as provided in
paragraph (4), any person who is liable or po-
tentially liable under section 107(a)’’;
(B) by striking ‘‘, during or following any
civil action under section 106 or under section
107(a).’’ and inserting ‘‘in a claim asserted
under section 107(a).’’;
(C) in the second sentence, by striking ‘‘this
section’’ and inserting ‘‘section 107(a), this sec-
tion,’’; and
(D) by striking the sentence beginning with
‘‘Nothing in this subsection’’.
(2) Paragraph (2) is amended to read as follows:
‘‘(2) SETTLEMENTS.—A person who has resolved
its liability to the United States in an administrative
or judicially approved settlement shall not be liable
for contribution or any other claims by any person
other than a State acting under section 107(a)(4)(A)
(and not as a potentially responsible party) regarding
response actions, response costs, or damages addressed
in the settlement. A person who has resolved its liabil-
ity to a State or an Indian tribe in an administra-
tive or judicially approved settlement shall not be lia-
ble for contribution or any other claims by persons
other than the United States Government acting
under section 107(a)(4)(A) (and not as a potentially
responsible party) regarding response costs or dam-
ages addressed in the settlement for which the State
or Indian tribe has a claim under this title. Such set-
tlement does not discharge any other potentially re-
sponsible persons unless its terms so provide, but it
reduces the potential liability of such other persons by
the amount of the settlement. The protection afforded
by this subsection shall include protection against
claims, under Federal or State law, that may be as-
serted against the settling party for recovery of re-
sponse costs or damages incurred or paid by another
person, if such costs or damages are addressed in the
settlement, but shall not include protection against
claims based on contractual indemnification or other
express contractual agreements to pay such costs or
damages.’’.
(3) Such section is amended by adding at the
end the following new paragraph:
‘‘(4) 
LIMITATIONS
ON
CONTRIBUTION
AC-
TIONS.—(A) There shall be no right of contribution
under this subsection in any of the following cir-
cumstances:
‘‘(i) The person asserting the right of con-
tribution has waived the right in a settlement
pursuant to this Act.
‘‘(ii) The person from whom contribution is
sought is not liable under this Act.
‘‘(iii) The person from whom contribution
is sought has entered into a settlement with the
United States pursuant to section 122(g), with
respect to matters addressed in that settlement.
‘‘(B) Any person who commences an action for
contribution shall be liable to the person against
whom the claim of contribution is brought for all rea-
sonable costs of defending against the claim, including
all reasonable attorneys’ and expert witness fees, if—
‘‘(i) the action is barred by subparagraph
(A);
‘‘(ii) the action is brought against a person
who is not liable under this Act;
‘‘(iii) the action is brought against a person
who is protected from such suits pursuant to sec-
tion 113(f)(2) by reason of a settlement with the
United States; or
‘‘(iv) the action is brought during the mora-
torium pursuant to section 130.’’.
SEC. 407. SCOPE OF RULEMAKING AUTHORITY.
(a) IN GENERAL.—Section 115 (42 U.S.C. 9615) is
amended to read as follows:
‘‘SEC. 115. PRESIDENTIAL DELEGATION AND ASSIGNMENT
OF DUTIES OR POWERS AND PROMULGATION
OF REGULATIONS.
‘‘The President (or the Administrator where applica-
ble) is authorized to promulgate such regulations as the
President (or the Administrator where applicable) deems
necessary to carry out the provisions of this Act, and to
delegate and assign any duties or powers imposed upon or
assigned to him by this Act, including the authority to pro-
mulgate regulations. The preceding sentence includes au-
thority to clarify or interpret all terms and to implement
any provision of this Act.’’.
(b) LENDER LIABILITY RULE.—(1) Effective on the
date of enactment of this section, the final rule issued by
the Administrator of the Environmental Protection Agency
on April 29, 1992 (57 Fed. Reg. 18344), shall be deemed
to have been validly issued pursuant to the authority of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, and to have been effective accord-
ing to the final rule’s terms. No additional administrative
or judicial proceedings shall be necessary with respect to
such final rule.
(2) Notwithstanding section 113(a) of the Comprehen-
sive Environmental Response, Compensation and Liability
Act of 1980, no court shall have jurisdiction to review the
final rule issued by the Administrator of the Environmental
Protection Agency on April 29, 1992 (57 Fed. Reg. 18344).
(3) Nothing in this subsection shall be construed to
limit the authority of the President or his delegate to amend
the final rule issued by the Administrator of the Environ-
mental Protection Agency on April 29, 1992 (57 Fed. Reg.
18344), in accordance with applicable provisions of law.
SEC. 408. ENHANCEMENT OF SETTLEMENT AUTHORITIES.
Section 122 (42 U.S.C. 9622) is amended as follows:
(1) Subsection (b) is amended by striking para-
graph (3) and redesignating paragraph (4) as para-
graph (3).
(2) Section 122(d)(1) is amended by adding at
the end the following new subparagraph:
‘‘(D) COMPLIANCE.—Any consent decree
shall require the parties to attempt expeditiously
to resolve disagreements concerning implementa-
tion of the remedial action informally with the
appropriate Federal and State agencies. Where
the parties agree, the consent decree may provide
for administrative enforcement. Each consent de-
cree shall also contain stipulated penalties for
violations of the decree in an amount not to ex-
ceed $25,000 per day, which may be enforced by
either the President or the State. Such stipulated
penalties shall not be construed to impair or af-
fect the authority of the court to order compli-
ance with the specific terms of any such decree.’’.
(3) Subsection (e) is amended—
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively.
(4) The section is amended—
(A) by transferring paragraph (6) to the
end of the section and redesignating such para-
graph as subsection (o);
(B) in such subsection (o) (as so transferred
and redesignated), by striking ‘‘remedial action’’
and inserting ‘‘response action’’, and by insert-
ing ‘‘or the State under applicable law’’ before
the period at the end; and
(C) by adding after such subsection (o) (as
so transferred and redesignated) the following
new subsections:
‘‘(p) RETENTION OF FUNDS.—(1) If, as part of any
settlement agreement under this Act, the potentially respon-
sible parties will be paying amounts to the President for
carrying out any response action, the President may retain
such amounts in interest bearing accounts, and use such
amounts, together with accrued interest, to conduct or en-
able other persons to conduct such response action.
‘‘(2) If, as part of any settlement agreement for carry-
ing out a response action under this Act, a potentially re-
sponsible party or parties will be paying amounts to the
United States, the Administrator is authorized to accept
ownership of a financial instrument running irrevocably
to the benefit of the United States to conduct, or enable other
persons to conduct, such response actions. For the purposes
of this paragraph, the term ‘financial instrument’ means
an annuity contract, funding agreement, or similar instru-
ment acceptable to the Secretary of the Treasury, that is
purchased by one or more potentially responsible parties,
and has a defined schedule of periodic payments which co-
incides with the obligations set forth in the settlement agree-
ment. Periodic payments under such a financial instrument
will be made to the owner, or as the owner directs, for re-
sponse costs at the facility which is the subject of the settle-
ment agreement.
‘‘(q) CHALLENGE TO COST RECOVERY COMPONENT OF
SETTLEMENT.—Notwithstanding the limitations on review
in section 113(h), and except as provided in subsection (g)
of this section, a person whose potential claim for response
costs or contribution is limited as a result of contribution
protection afforded by an administrative settlement under
this section may challenge the cost recovery component of
such settlement. Such a challenge may be made only by fil-
ing a complaint against the Administrator in the United
States District Court within 60 days after such settlement
becomes final. Venue shall lie in the district in which the
principal office of the appropriate region of the Environ-
mental Protection Agency is located. Any review of an ad-
ministrative settlement shall be limited to the administra-
tive record, and the settlement shall be upheld unless the
objecting party can demonstrate on that record that the de-
cision of the President to enter into the administrative set-
tlement was arbitrary, capricious, or otherwise not in ac-
cordance with law.
‘‘(r) UNSUCCESSFUL CHALLENGERS LIABLE FOR AT-
TORNEY’S FEES.—Any party who challenges any settlement
entered into between the President and any potentially re-
sponsible party under this Act, and who is not successful
in overturning or modifying the settlement, shall be liable
to the United States and any settling party for all reason-
able attorneys’ fees and costs incurred in defending the set-
tlement.’’.
SEC. 409. PROFESSIONAL SERVICES.
Section 122 is amended by adding after subsection (r),
as added by section 408, the following new subsection:
‘‘(s) PROFESSIONAL SERVICES.—The Administrator
has the authority to use the procedures set forth in section
109(e) to obtain the services of neutral professionals to as-
sist in the conduct of settlement negotiations under this sec-
tion, whether or not the neutral professional actually par-
ticipates in such negotiations.’’.
SEC. 410. FINAL CONVENANTS.
Section 122(f) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
‘‘(1) FINAL
COVENANTS.—The President shall
offer potentially responsible parties who enter into
settlement agreements that are in the public interest
a final covenant not to sue concerning any liability
to the United States under this Act, including a cov-
enant with respect to future liability, for response ac-
tions or response costs addressed in the settlement, if
all of the following conditions are met:
‘‘(A) The settling party agrees to perform,
or there are other adequate assurances of the per-
formance of, a final remedial action authorized
by the Administrator for the release or threat of
release that is the subject of the settlement.
‘‘(B) The remedial action does not provide
that any hazardous substances will remain at
the facility at concentrations above the protective
concentration levels established pursuant to sec-
tion 121(d) after the final remedial action is
completed.
‘‘(C) The settlement agreement has been
reached prior to the commencement of litigation
against the settling party under section 106 or
107 of this Act with respect to this facility.
‘‘(D) The settling party waives all contribu-
tion rights against other potentially responsible
parties at the facility.
‘‘(E) The settling party pays a premium
that compensates for the risks of remedy failure;
future liability resulting from unknown condi-
tions; unanticipated increases in the cost of any
uncompleted response action, unless the settling
party is performing the response action; and the
United States litigation risk as provided in sec-
tion 130 with respect to persons who have not re-
solved their liability to the United States under
this Act, unless all parties have settled their li-
ability to the United States, or the settlement
covers 100 percent of the United States response
costs. The President shall have sole discretion to
determine the appropriate amount of any such
premium, and such determinations are commit-
ted to the President’s discretion. The President
has discretion to waive or reduce the premium
payment for persons who demonstrate an inabil-
ity to pay such a premium.
‘‘(F) The settlement is otherwise acceptable
to the United States.’’.
(2) Paragraph (3) is amended to read as follows:
‘‘(3) DISCRETIONARY
COVENANTS.—For settle-
ments under this title for which covenants under sec-
tion 122(f)(1) are not available, the President may,
in his discretion, provide any person with a covenant
not to sue concerning any liability to the United
States under this title, if the covenant not to sue is
in the public interest. Such covenants shall be subject
to the requirements of section 122(f)(5). The President
may include any conditions in such covenant not to
sue, including the additional condition referred to in
paragraph (5). In determining whether such condi-
tions or covenants are in the public interest, the
President shall consider the nature and scope of the
commitment by the settling party under the settle-
ment, the effectiveness and reliability of the response
action, the nature of the risks remaining at the facil-
ity, the strength of evidence, the likelihood of cost re-
covery, the reliability of any response action or ac-
tions to restore, replace, or acquire the equivalent of
injured natural resources, the extent to which per-
formance standards are included in the order or de-
cree, the extent to which the technology used in the re-
sponse action is demonstrated to be effective, and any
other factors relevant to the protection of human
health and the environment.’’.
(3) Such subsection (f) is amended by striking
paragraph (4) and redesignating paragraphs (5) and
(6) as paragraphs (4) and (5), respectively.
(4) Paragraph (2) is amended by striking ‘‘reme-
dial’’ each place it appears and inserting ‘‘response’’.
(5) Subparagraph (A) of paragraph (5) (as so
redesignated) is amended—
(A) by striking ‘‘remedial’’ and inserting
‘‘response’’;
(B) by striking ‘‘paragraph (2)’’ in the first
sentence and inserting ‘‘paragraph (1) or (2)’’;
(C) by striking ‘‘de minimis settlements’’
and inserting ‘‘de minimis and other expedited
settlements pursuant to subsection (g) of this sec-
tion’’; and
(D) by striking ‘‘the President certifies
under paragraph (3) that remedial action has
been completed at the facility concerned’’, and
inserting ‘‘that the response action that is the
subject of the settlement agreement is selected’’.
(6) Subparagraph (B) of paragraph (5) (as so
redesignated) is amended—
(i) by striking ‘‘In extraordinary cir-
cumstances, the’’ and inserting ‘‘The’’;
(ii) by striking ‘‘those referred to in
paragraph (4) and’’;
(iii) by striking ‘‘if other terms,’’ and
inserting ‘‘, if the agreement containing the
covenant not to sue provides for payment of
a premium to address possible remedy fail-
ure or any releases that may result from
unknown conditions, and if other terms,’’;
and
(iv) by inserting at the end the follow-
ing: ‘‘The President may, in his discretion,
waive or reduce the premium payment for
persons who demonstrate an inability to
pay such a premium.’’.
SEC. 411. EXPEDITED FINAL SETTLEMENTS.
Section 122 is amended as follows:
(1) Subsection (g) is amended by striking ‘‘(g)’’
and all that follows through the end of subparagraph
(A) of paragraph (1) and inserting in lieu thereof the
following:
‘‘(g) EXPEDITED FINAL SETTLEMENT.—
‘‘(1) PARTIES ELIGIBLE FOR EXPEDITED SET-
TLEMENT.—Whenever practicable and in the public
interest as determined by the President, the President
shall, as promptly as possible, offer to reach a final
administrative or judicial settlement with potentially
responsible parties who, in the judgment of the Presi-
dent, meet one or more of the following conditions for
eligibility for an expedited settlement—
‘‘(A) The potentially responsible party’s in-
dividual contribution of hazardous substances at
the facility is de minimis. The contribution of
hazardous substance to a facility by a poten-
tially responsible party is de minimis if both of
the following conditions are met:
‘‘(i) The potentially responsible party’s
volumetric contribution of materials con-
taining hazardous substances is minimal in
comparison to the total volumetric contribu-
tions of materials containing hazardous
substances at the facility; such individual
contribution is presumed to be minimal if
it is one percent or less of the total volu-
metric contribution at the facility, unless
the Administrator identifies a different
threshold based on site-specific factors.
‘‘(ii) The potentially responsible par-
ty’s hazardous substances do not present
toxic or other hazardous effects that are sig-
nificantly greater than those of other haz-
ardous substances at the facility.’’.
(2) Subsection (g) is further amended by insert-
ing after subparagraph (B) of paragraph (1) the fol-
lowing:
‘‘(C) The potentially responsible party’s li-
ability is based solely on paragraph (3) or (4)
100
of section 107(a), and the arrangement for dis-
posal, treatment, or transport for disposal or
treatment, or the acceptance for transport for
disposal or treatment, involved only municipal
solid waste or sewage sludge. The Administrator
may offer to settle the liability of generators and
transporters of municipal solid waste or sewage
sludge whose liability is limited pursuant to
paragraph (7) of section 107(a) for up to 10 per-
cent of the total response costs at the facility.
‘‘(D)(i) The potentially responsible party is
a natural person, a small business, or a munici-
pality and can demonstrate to the United States
a limited ability to pay response costs.
‘‘(ii) For purposes of this subparagraph, the
following provisions apply:
‘‘(I) In the case of a small business, the
President shall take into consideration the
ability to pay of the business, if requested
by the business. The term ‘ability to pay’
means the President’s reasonable expecta-
tion of the ability of the small business to
pay its total settlement amount and still
maintain its basic business operations.
Such 
consideration 
shall 
include 
the
101
business’s overall financial condition and
demonstrable constraints on its ability to
raise revenues.
‘‘(II) Any business requesting such con-
sideration shall promptly provide the Presi-
dent with all relevant information needed to
determine the business’s ability to pay.
‘‘(III) The business shall demonstrate
the amount of its ability to pay. If the busi-
ness employs fewer than 20 employees, and
has annual gross revenues of less than
$1,800,000 or a net profit margin of less
than 2 percent, the President shall perform
any analysis that may be required to dem-
onstrate the business’s ability to pay. The
President, in his discretion, may perform
such analysis for any other party or require
such other party to perform the analysis.
‘‘(IV) If the President determines that
a small business is unable to pay its total
settlement amount immediately, the Presi-
dent shall consider alternative payment
methods as may be necessary or appro-
priate. The methods to be considered may
102
include installment payments and the pro-
vision of in-kind services.
‘‘(iii) For purposes of this subparagraph, in
the case of a municipal owner or operator, the
President shall consider, to the extent that infor-
mation is provided by the municipality, the fol-
lowing factors:
‘‘(I) the municipality’s general obliga-
tion bond rating and information about the
most recent bond issue for which the rating
was prepared;
‘‘(II) the amount of total available
funds (other than dedicated funds);
‘‘(III) the amount of total operating
revenues (other than obligated or encum-
bered revenues);
‘‘(IV) the amount of total expenses;
‘‘(V) the amounts of total debt and debt
service;
‘‘(VI) per capita income;
‘‘(VII) real property values;
‘‘(VIII) 
unemployment 
information;
and
‘‘(IX) population information.
103
‘‘(iv) A municipality may also submit for
consideration by the President an evaluation of
the potential impact of the settlement on essen-
tial services that the municipality must provide,
and the feasibility of making delayed payments
or payments over time. If a municipality asserts
that it has additional environmental obligations
besides its potential liability under this Act, then
the municipality may create a list of the obliga-
tions, including an estimate of the costs of com-
plying with such obligations.
‘‘(v) A municipality may establish an in-
ability to pay through an affirmative showing
that such payment of its liability under this Act
would either—
‘‘(I) create a substantial demonstrable
risk that the municipality would default on
existing debt obligations, be forced into
bankruptcy, be forced to dissolve, or be
forced to make budgetary cutbacks that
would substantially reduce current levels of
protection of public health and safety; or
‘‘(II) necessitate a violation of legal re-
quirements or limitations of general appli-
104
cability concerning the assumption and
maintenance of fiscal municipal obligations.
‘‘(vi) This subparagraph does not limit or
affect the President’s authority to evaluate any
person’s ability to pay or to enter into settle-
ments with any person based on that person’s in-
ability to pay.’’.
(3) Paragraphs (2) and (3) of subsection (g) are
amended to read as follows:
‘‘(2) BASIS
OF
DETERMINATION.—Any person
who enters into a settlement pursuant to this sub-
section shall provide any information requested by the
President or by an allocator in accordance with sec-
tion 130(d)(2) or section 104(e) of this Act. The deter-
mination of whether a person is eligible for an expe-
dited settlement shall be made on the basis of all in-
formation available to the President at the time the
determination is made. Such determination, and the
settlement, are committed to the President’s discre-
tion. If the President determines not to apply these
provisions for expedited settlements at a facility, the
President shall explain the basis for that determina-
tion in writing to any person who requests such a set-
tlement.
105
‘‘(3) ADDITIONAL FACTORS RELEVANT TO SET-
TLEMENTS WITH MUNICIPALITIES.—In any settlement
with a municipality pursuant to this title, the Presi-
dent may take additional equitable factors into ac-
count in determining an appropriate settlement
amount, including the limited resources available to
that party, and any in-kind services that the party
may provide to support the response action at the fa-
cility. In considering the value of in-kind services, the
President shall consider the fair market value of those
services.’’.
(4) Subsection (g) is further amended—
(A) 
in 
paragraph 
(4), 
by 
striking
‘‘$500,000’’ and inserting ‘‘$2,000,000’’; and
(B) by striking paragraph (5).
(5) Subsection (h) is amended—
(A) by amending the heading to read as fol-
lows: ‘‘AUTHORITY
TO SETTLE CLAIMS FOR
FINES, CIVIL PENALTIES, PUNITIVE DAMAGES,
AND COST RECOVERY.—’’;
(B) in paragraph (1)—
(i) in the first sentence, by striking
‘‘costs incurred’’ and inserting ‘‘past and
future costs incurred or that may be in-
curred’’;
106
(ii) in the first sentence, by inserting
after ‘‘if the claim has not been referred to
the Department of Justice for further ac-
tion.’’ the following: ‘‘The head of any de-
partment or agency with the authority to
seek fines, civil penalties, or punitive dam-
ages under this Act may consider, com-
promise, and settle claims for any such
fines, civil penalties, or punitive damages
which may otherwise be assessed in civil ad-
ministrative or judicial proceedings if the
claim has not been referred to the Depart-
ment of Justice for further action. If the
total claim for fines, civil penalties, or pu-
nitive damages exceeds $300,000, such claim
may be compromised and settled only with
the prior written approval of the Attorney
General.’’; and
(iii) in the second sentence, by striking
‘‘$500,000 (excluding interest), any claim
referred to in the preceding sentence’’ and
inserting ‘‘$2,000,000 (excluding interest),
any claim for response costs referred to in
this subsection’’; and
(C) by striking paragraph (4).
107
SEC. 412. ALLOCATION PROCEDURES.
Insert after section 129 the following new section:
‘‘SEC. 130. ALLOCATION AT MULTIPARTY FACILITIES.
‘‘(a) SCOPE.—
‘‘(1) POST-INTRODUCTION RODS.—For each non-
federally owned facility listed on the National Prior-
ities List involving 2 or more potentially responsible
parties for which the President selects a remedial ac-
tion on or after February 3, 1994, the Administrator
shall initiate the allocation process under this section.
This paragraph shall not apply to response actions
selected prior to such date.
‘‘(2) PRE-INTRODUCTION RODS.—For each non-
federally owned facility listed on the National Prior-
ities List involving 2 or more potentially responsible
parties, for any remedial action selected by the Presi-
dent before February 3, 1994, the Administrator shall
initiate the allocation process under this section, if re-
quested to do so by a potentially responsible party
which has resolved its liability to the United States
with respect to the remedial action or which is per-
forming the remedial action pursuant to an order is-
sued under section 106(a).
‘‘(3) OTHER FACILITIES.—The Administrator, as
the Administrator deems appropriate, may initiate
the allocation process under this section for any facil-
108
ity other than a facility referred to in paragraph (1)
or (2) involving 2 or more potentially responsible
parties.
‘‘(4) EXCLUDED
FACILITIES.—The allocation
process under this section shall not apply to any of
the following:
‘‘(A) A facility for which there has been a
final settlement, decree, or order that determines
all liability or allocated shares of all potentially
responsible parties.
‘‘(B) A facility at which all of the poten-
tially responsible parties are liable or potentially
liable as facility owners or operators pursuant to
section 107(a)(1) or (2).
‘‘(5) MULTIPLE REMEDIAL ACTIONS.—An alloca-
tion under this section, shall apply to all remedial ac-
tions selected by the President on or after February
3, 1994, for a facility (but not to those remedial ac-
tions described in paragraph (2)), unless the allocator
determines that the allocation should address only one
or more of such remedial actions.
‘‘(6) 
MULTIPLE
FACILITIES.—Where 
appro-
priate, the Administrator may initiate a single allo-
cation process under this section for more than 1 fa-
cility.
109
‘‘(7) EFFECT
OF
ALLOCATION.—An allocation
performed pursuant to paragraph (2) or (3) of this
section shall not be construed to require—
‘‘(A) payment of an orphan share pursuant
to this section; or
‘‘(B) the conferral of reimbursement rights
pursuant to this section.
‘‘(8) SETTLEMENT
OFFERS
AFTER
COMMENCE-
MENT OF LITIGATION.—The provisions of this section
shall not apply to any offer of settlement made after
expiration of the moratorium period under subsection
(b).
‘‘(b) MORATORIUM ON COMMENCEMENT OR CONTINU-
ATION OF SUITS.—
‘‘(1) MORATORIUM.—No person may assert any
claim for response costs pursuant to section 107 of
this Act or commence any civil action seeking recov-
ery of any response costs in connection with a re-
sponse action for which an allocation is required
under subsection (a)(1) or (2), or for which the Ad-
ministrator has initiated an allocation under sub-
section (a)(3), until 90 days after issuance of the
allocator’s report under subsection (h) or (m), which-
ever is later.
110
‘‘(2) STAY OF EXISTING ACTIONS.—If a claim for
response costs pursuant to section 107 of this Act or
an action seeking recovery of response costs in connec-
tion with a response action for which an allocation
is to be performed under this section is pending—
‘‘(A) upon the date of enactment of the
Superfund Reform Act of 1994, or
‘‘(B) upon initiation of an allocation,
the action or claim shall be stayed until 90 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 applicable
limitations period with respect to a cause of action
subject to paragraph (1) shall be tolled from the ear-
lier of the following until 180 days after the issuance
of the allocator’s report under subsection (h) or (m)
has been issued by the allocator:
‘‘(A) The date of listing of the facility on
the National Priorities List.
‘‘(B) The commencement of the allocation
process pursuant to this section.
‘‘(c) COMMENCEMENT OF ALLOCATION.—
‘‘(1) RESPONSIBLE PARTY SEARCH.—At all fa-
cilities subject to this section, the Administrator shall,
111
as soon as practicable, but not later than 60 days
after the commencement of the remedial investigation,
initiate a thorough investigation and search for all
potentially responsible parties, using his authorities
under section 104. Any person may submit informa-
tion to the Administrator concerning any potentially
responsible party at the facility, and the Adminis-
trator shall consider such information in carrying out
the responsible party search.
‘‘(2) NOTIFICATION OF DE MINIMIS PARTIES.—As
soon as practicable after receipt of sufficient informa-
tion, but not more than 12 months after the com-
mencement of the remedial investigation, the Admin-
istrator shall take each of the following actions:
‘‘(A) The Administrator shall notify any
potentially responsible party who the Adminis-
trator determines is eligible for an expedited
final settlement in accordance with section
122(g)(1)(A) of its eligibility, based on informa-
tion available to the Administrator at the time
the determination is made. Any such informa-
tion that is not confidential shall, to the extent
practicable, be made available by the Adminis-
trator to the party at the time of the settlement
offer.