103
‘‘(C) the person did not melt the scrap
metal prior to the transaction.
‘‘(2) For purposes of paragraph (1)(C), melting
of scrap metal does not include the thermal separa-
tion of 2 or more materials due to differences in
their melting points (referred to as ‘sweating’).
‘‘(3) For the purposes of this subsection, the
term ‘scrap metal’ means bits and pieces of metal
parts (e.g. bars, turnings, rods, sheets, wire) or
metal pieces that may be combined together with
bolts or soldering (e.g. radiators, scrap automobiles,
railroad box cars), which when worn or superfluous
can be recycled, except for scrap metals that the Ad-
ministrator excludes from this definition by regula-
tion and steel shipping containers of a capacity from
30 liters to and including 3,000 liters, whether in-
tact or not, having any hazardous substance (but
not metal bits or pieces) contained in or adhering
thereto.
‘‘(e) TRANSACTIONS INVOLVING BATTERIES.—(1)
Transactions involving spent lead-acid batteries, spent
nickel-cadmium batteries or other spent batteries shall be
deemed to be arranging for recycling if the person who
arranged for the transaction (by selling recyclable material
or otherwise arranging for the recycling of recyclable ma-
104
terial) can demonstrate by a preponderance of the evi-
dence that at the time of the transaction—
‘‘(A) the person met the criteria set forth in
subsection (c) with respect to the spent lead-acid
batteries, spent nickel-cadmium batteries, or other
spent batteries but did not recover the valuable com-
ponents of such batteries; and
‘‘(B)(i) with respect to transactions involving
lead-acid batteries, the person was in compliance
with applicable Federal environmental regulations or
standards, and any amendments thereto, regarding
the storage, transport, management, or other activi-
ties associated with the recycling of spent lead-acid
batteries;
‘‘(ii) with respect to transactions involving nick-
el-cadmium batteries, Federal environmental regula-
tions or standards are in effect regarding the stor-
age, transport, management, or other activities asso-
ciated with the recycling of spent nickel-cadmium
batteries, and the person was in compliance with ap-
plicable regulations or standards or any amendments
thereto; or
‘‘(iii) with respect to transactions involving
other spent batteries, Federal environmental regula-
tions or standards are in effect regarding the stor-
105
age, transport, management, or other activities asso-
ciated with the recycling of such batteries, and the
person was in compliance with applicable regulations
or standards or any amendments thereto.
‘‘(2) For purposes of paragraph (1)(A) of this sub-
section, a person who, by contract, arranges or pays for
processing of batteries by an unrelated third person and
receives from such third person materials reclaimed from
such batteries shall not thereby be deemed to recover the
valuable components of such batteries, provided, however,
that (A) for transactions occurring more than 90 days
after the date of enactment of the Superfund Cleanup Ac-
celeration and Liability Equity Act, such person exercised
due diligence in determining that such third person was
in compliance with all Federal, State, and local environ-
mental laws and regulations applicable to the storage,
transport, management, or other activities associated with
the recycling of spent batteries; and (B) such person had
no knowledge or reason to know of the release or threat-
ened release.
‘‘(f) EXCLUSIONS.—(1) The exemptions set forth in
subsections (c), (d), and (e) shall not apply if—
‘‘(A) the person had an objectively reasonable
basis to believe at the time of the recycling trans-
action—
106
‘‘(i) that the recyclable material would not
be recycled,
‘‘(ii) that the recyclable material would be
burned as fuel, or for energy recovery or incin-
eration, or
‘‘(iii) for transactions occurring before 90
days after the date of the enactment of this sec-
tion, that the consuming facility was not in
compliance with a substantive (not a procedural
or administrative) provision of any Federal,
State, or local environmental law or regulation,
or compliance order or decree issued pursuant
thereto, applicable to the handling, processing,
reclamation, or other management activities as-
sociated with the recyclable material; or
‘‘(B) the person added hazardous substances to
the recyclable material for purposes other than proc-
essing for recycling; or
‘‘(C) the person failed to exercise reasonable
care with respect to the management and handling
of the recyclable material.
‘‘(2) For purposes of this subsection, an objectively
reasonable basis for belief shall be determined using cri-
teria that include (but are not limited to) the size of the
person’s business, customary industry practices, the price
107
paid in the recycling transaction, and the ability of the
person to detect the nature of the consuming facility’s op-
erations concerning its handling, processing, reclamation
or other management activities associated with the recy-
clable material.
‘‘(3) For purposes of this subsection, a requirement
to obtain a permit applicable to the handling, processing,
reclamation, or other management activities associated
with recyclable material shall be deemed to be a sub-
stantive provision.
‘‘(g) EFFECT
ON OTHER LIABILITY.—Nothing in
this section shall be deemed to affect the liability of a per-
son under paragraph (1) or (2) of section 107(a).
‘‘(h) PCBS.—An exemption under this section does
not apply if the recyclable material contained poly-
chlorinated biphenyls in excess of 50 parts per million or
any new standard promulgated pursuant to applicable
Federal laws.
‘‘(i) REGULATIONS.—The Administrator has the au-
thority, under section 115, to promulgate additional regu-
lations concerning this section.
‘‘(j) EFFECT
ON PENDING
OR CONCLUDED AC-
TIONS.—The exemptions provided in this section shall not
affect any concluded judicial or administrative action or
108
any pending judicial action initiated by the United States
prior to enactment of this section.
‘‘(k) LIABILITY FOR ATTORNEY’S FEES FOR CER-
TAIN ACTIONS.—Any person who commences an action for
contribution against a person who is not liable by oper-
ation of this section shall be liable to that person for all
reasonable costs of defending that action, including all
reasonable attorney’s and expert witness fees.
‘‘(l) RELATIONSHIP TO LIABILITY UNDER OTHER
LAWS.—Nothing in this section shall affect—
‘‘(1) liability under any other Federal, State, or
local statute or regulation promulgated pursuant to
any such statute, including any requirements pro-
mulgated by the Administrator under the Solid
Waste Disposal Act; or
‘‘(2) the ability of the Administrator to promul-
gate regulations under any other statute, including
the Solid Waste Disposal Act.’’.
SEC. 205. RESPONSE ACTION CONTRACTORS INDEMNIFICA-
TION.
(a) CLARIFICATION OF RESPONSE ACTION CONTRAC-
TOR LIABILITY.—Section 119(a) (42 U.S.C. 9619(a)) is
amended by inserting after paragraph (4) the following
new paragraph:
109
‘‘(5) LIABILITY.—Any liability of a person
under this Act as a response action contractor aris-
ing solely from the performance by such person of
a response action contract at any facility shall be de-
termined solely in accordance with this section with
respect to such facility.’’.
(b) IMPLEMENTATION OF ALTERNATIVE OR INNOVA-
TIVE
TECHNOLOGIES.—Section 
119(a) 
(42 
U.S.C.
9619(a)) is further amended by adding at the end the fol-
lowing:
‘‘(6) IMPLEMENTATION
OF
ALTERNATIVE
OR
INNOVATIVE
TECHNOLOGIES.—No response action
contractor shall be liable under this Act solely as a
result of such contractor’s testing or implementation
of alternative or innovative treatment technologies
(as defined in section 311(b)) or alternative or inno-
vative containment technologies with respect to a re-
sponse action if use of the technology in connection
with the response action has been approved by the
authorized Federal regulatory agency or State regu-
latory agency acting under a contract or cooperative
agreement with the Administrator pursuant to sec-
tion 127. This paragraph shall not apply in the case
of negligence, gross negligence, or intentional mis-
conduct by such contractor in implementing the ap-
110
proved technology, including any noncompliance with
the approved process for implementing the tech-
nology.’’.
(c) 
INDEMNIFICATION
CLARIFICATION.—Section
119(c)(1) (42 U.S.C. 9619(c)(1)) is amended by inserting
‘‘under Federal, State, or common law’’ after ‘‘any liabil-
ity’’.
(d) INDEMNIFICATION
FOR
THREATENED
RE-
LEASES.—Section 
119(c)(5)(A) 
(42 
U.S.C.
9619(c)(5)(A)) is amended by inserting ‘‘or threatened re-
lease’’ after ‘‘release’’ each place it appears.
(e) CONSIDERATIONS.—Section 119(c) (42 U.S.C.
9619(c)) is amended by redesignating paragraphs (5), (6),
(7), and (8) as paragraphs (6), (7), (8), and (9), respec-
tively, and by inserting after paragraph (4) the following
new paragraph:
‘‘(5) 
CONSIDERATIONS.—In 
exercising 
the
President’s discretion under this subsection whether
to provide an indemnification agreement, the Presi-
dent should consider the adequacy of competition in
response to solicitations, the availability of adequate
insurance at a fair and reasonable price (including
consideration of premium, policy terms, deductibles,
policy coverage, limits, and renewal terms), applica-
ble statutes of limitation that may apply to actions
111
against response action contractors, and any other
factors the President considers relevant.’’.
(f) EXTENSION.—Section 119 (42 U.S.C. 9619) is
amended—
(1) in subsection (e)(2)(C) by striking ‘‘1996’’
and inserting ‘‘2000’’; and
(2) in subsection (g)(5) by striking ‘‘1995’’ and
inserting ‘‘1999’’.
TITLE III—COMMUNITY PARTICI-
PATION AND HUMAN HEALTH
Subtitle A—Community
Participation
SEC. 301. DEFINITIONS.
Section 117 (42 U.S.C. 9617) is amended by adding
the following at the end thereof:
‘‘(f) DEFINITIONS.—
‘‘(1) COVERED FACILITY.—The term ‘covered
facility’ means a facility—
‘‘(A) that has been listed or proposed for
listing on the National Priorities List; or
‘‘(B) at which the Administrator is under-
taking an action anticipated to exceed 1 year or
the funding limit under section 104 of this Act
is anticipated to be reached.
112
‘‘(2) AFFECTED
COMMUNITY.—The term ‘af-
fected community’ means any group of 2 or more in-
dividuals (including representatives of Indian tribes)
which may be affected by the release or threatened
release of hazardous substances, pollutants, or con-
taminants at a covered facility.’’.
SEC. 302. PUBLIC PARTICIPATION.
(a) TAG GRANTS.—Section 117(e) (42 U.S.C.
9617(e)) is amended to read as follows:
‘‘(e) GRANTS FOR TECHNICAL ASSISTANCE.—
‘‘(1) AUTHORITY.—In accordance with the rules
promulgated by the Administrator, the Adminis-
trator may make grants available to any Community
Advisory Group or affected community. Such grants
shall be known as Technical Assistance Grants
(‘TAGs’).
‘‘(2) SPECIAL RULES.—No matching contribu-
tion shall be required for a Technical Assistance
Grant. The Administrator may make the lesser of
$5,000 or 10 percent of the total grant amount
available to the grant recipient, in advance of the ex-
penditures to be covered by the grant.
‘‘(3) GRANT AVAILABILITY.—The Administrator
shall promptly notify residents and Indian tribes liv-
113
ing near a covered facility that a technical assistance
grant is available under this section.
‘‘(4) NUMBER OF TAGS PER FACILITY.—Except
as provided in this paragraph, not more than one
grant may be made at a time under this subsection
with respect to a single covered facility, but the
grant may be renewed to facilitate public participa-
tion 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 dura-
tion, type, and extent of response activity at a facil-
ity. The Administrator may provide more than one
grant under this subsection with respect to a single
covered facility, considering such factors as the area
affected by the facility and the distances between af-
fected communities.
‘‘(5) FUNDING AMOUNT.—The initial amount of
any grant under this subsection may not exceed
$50,000 for a single grant recipient. Except that,
the Administrator may increase the amount of the
grant if the grant recipient demonstrates that the
covered facility’s characteristics indicate additional
funds are necessary due to the complexity of the re-
sponse action, including the size and complexity of
the facility, or nature or volume of site-related infor-
114
mation. In addition, the Administrator must find
that the grant recipient’s management of a previous
grant award, if any, was satisfactory, and the costs
incurred under the award are allowable and reason-
able.
‘‘(6) SIMPLIFICATION.—To ensure that the ap-
plication process is accessible to all affected citizens,
the Administrator shall review the existing guide-
lines and application procedures for the TAG grants
and, within 180 days after the enactment of this
section, revise, as appropriate, such guidelines and
procedures to simplify the process of obtaining such
grants.
‘‘(7) AUTHORIZED GRANT ACTIVITIES.—
‘‘(A) 
INTERPRETATION
OF
INFORMA-
TION.—Grants awarded under this subsection
may be used to obtain technical assistance in
interpreting information and providing input
with regard to (i) the nature of the hazard at
a facility; (ii) sampling and monitoring plans,
(iii) the remedial investigation and feasibility
study; (iv) the record of decision; (v) the selec-
tion, design, and construction of the remedial
action; (vi) operation and maintenance; (vii) re-
115
moval activities at such facility; or (viii) health
assessment or related health activity.
‘‘(B) 
ADDITIONAL
ACTIVITIES.—Grants
awarded under this section also may be used (i)
to obtain technical assistance in interpreting in-
formation used to rank facilities according to
the Hazard Ranking System, (ii) to hire health
experts to advise affected residents on health
assessment and data gathering efforts and re-
sponse activities, and on the design of any
health studies that a government agency per-
forms, (iii) to hire technical experts to file com-
ments with governmental agencies and generate
other documents as necessary to ensure full
participation by the grant recipient, (iv) to pub-
lish newsletters or otherwise finance the dis-
semination of information to other members of
the community, and (v) to evaluate the reliabil-
ity of long-term operation and maintenance and
institutional controls. In addition, not more
than 10 percent of the amount of a technical
assistance grant under this section may be used
for training, hiring of neutral professionals to
facilitate deliberations and consensus efforts or
116
hiring community liaisons to potentially respon-
sible parties and government agencies.
‘‘(8) NON-SITE-SPECIFIC GRANTS.—In accord-
ance with the rules promulgated by the Adminis-
trator, the Administrator may make Technical As-
sistance Grant funds available to Indian tribes, non-
profit organizations, and citizens groups to enhance
their participation in rulemaking processes carried
out in accordance with this Act. Total funding for
all such grants shall not exceed $100,000.’’.
(b) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION.—(1) Such section 117 is amended by redesignat-
ing paragraphs (1) and (2) of subsection (a) as subpara-
graphs (A) and (B), by striking ‘‘under paragraph (1)’’
in such subsection (a) and inserting ‘‘under subparagraph
(A)’’, by redesignating such subsection (a) as paragraph
(4), by redesignating subsections (b) and (c) as para-
graphs (6) and (7) of subsection (a), and by inserting the
following immediately after the section heading:
‘‘(a) IMPROVING CITIZEN AND COMMUNITY PARTICI-
PATION IN DECISIONMAKING.—
‘‘(1) IN GENERAL.—In order to provide an op-
portunity for meaningful public participation in
every significant phase of response activities under
this Act, the President shall take the actions speci-
117
fied in this subsection. Public meetings required
under this subsection shall be designed to obtain in-
formation from the community and disseminate in-
formation to the community concerning the Presi-
dent’s facility activities and pending decisions.
‘‘(2) HEALTH ASSESSMENT AND PRELIMINARY
ASSESSMENT AND SITE INSPECTION.—The President
shall provide the opportunity for public meetings and
publish a notice of such meetings before or during
performance of the health assessment or related
health activity and the preliminary assessment and
site inspection, as appropriate. Where the President
determines a meeting is not appropriate at the pre-
liminary assessment and site inspection stage, the
President shall provide adequate public notice of
that decision. To the extent practicable, before or
during the health assessment or related health activ-
ity and site inspection, the President shall solicit and
evaluate concerns, interests, and information from
the Community Advisory Group, if any, affected In-
dian Tribes, the affected community, local govern-
ment officials and local health officials. The evalua-
tion shall include, as appropriate, face-to-face com-
munity surveys to identify the location of private
drinking water wells, potential exposure pathways,
118
including 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.
‘‘(3) REMEDIAL INVESTIGATION AND FEASIBIL-
ITY STUDY.—The President shall provide the oppor-
tunity for public meetings and publish a notice of
such meetings before or during the Remedial Inves-
tigation and Feasibility Study (RI/FS). During the
remedial investigation and feasibility study, the
President shall solicit the views and preferences of
the Community Advisory Group, if any, affected In-
dian Tribes, the affected community, local govern-
ment officials and local health officials on the reme-
diation and disposition of hazardous substances, pol-
lutants, or contaminants at the facility. Such views
and preferences shall be described in the remedial
investigation and feasibility study and considered in
the screening of remedial alternatives for the facil-
ity.’’.
(2) Such section 117, as amended by this subsection,
is amended by adding the following new paragraph after
paragraph (4) of subsection (a):
119
‘‘(5) COMPLETION OF WORK PLAN.—The Presi-
dent shall provide the opportunity for public meet-
ings and publish a notice of such meetings before or
during the completion of the work plan for the Re-
medial Design and Remedial Action.’’.
(3) Such section 117, as amended by this subsection,
is amended by adding the following new paragraphs after
paragraphs (6) and (7):
‘‘(8) ALTERNATIVES.—Pursuant to paragraph
(4), members of the Community Advisory Group, if
any, affected Indian Tribes, the affected community,
local government officials and local health officials
may propose remedial alternatives to the President,
and the President shall consider such alternatives in
the same manner as the President considers alter-
natives proposed by other parties.
‘‘(9) SELECTING APPROPRIATE PROCEDURES.—
In determining which of the procedures set forth in
paragraph (2) may be appropriate, the Adminis-
trator may consult with the Community Advisory
Group, if any, affected Indian Tribe, the affected
community, local government officials and local
health officials.
‘‘(10) PROVIDING
INFORMATION.—The Presi-
dent shall provide information to the Community
121
(5) Such section 117 is amended by adding the fol-
lowing new subsection after subsection (a), as amended
by this section:
‘‘(b) ADDITIONAL PUBLIC INVOLVEMENT REQUIRE-
MENTS.—(1) The President shall make records relating to
the facility available to the public throughout all phases
of response 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. This paragraph shall
not apply to a record that is exempt from disclosure under
section 552 of title 5, United States Code, or to any record
that is exchanged between parties to a dispute under this
Act for the purposes of settling the dispute.
‘‘(2) The President, in carrying out responsibilities
under this Act, shall ensure that the presentation of infor-
mation on risk is unbiased and informative and clearly dis-
closes any uncertainties and data gaps.
‘‘(3) Notwithstanding any other provision of this sub-
section, in the case of a removal action taken in accord-
ance with section 104 which is expected to extend beyond
180 days, the President shall comply with the require-
ments of this section unless the President determines that
such compliance presents an imminent and substantial
endangerment to human health or the environment.
122
Whenever the planning period for a removal action is ex-
pected to be greater than 180 days, the Administrator
shall provide the Community Advisory Group, if any, af-
fected Indian Tribes, the affected community, local gov-
ernment officials and local health officials with notice of
the anticipated removal action and a public comment pe-
riod of no less than 30 days.’’.
(6) Such section 117 is amended by adding the fol-
lowing new subsection after subsection (e):
‘‘(f) UNDERSTANDABLE PRESENTATION OF MATE-
RIALS.—The President shall ensure that information pre-
pared for distribution to the public under this section shall
be provided or summarized in a manner that may be easily
understood by the community, considering any unique cul-
tural needs of the community, including presentation of
information orally and distribution of information in lan-
guages other than English, as appropriate.’’.
SEC. 303. COMMUNITY ADVISORY GROUPS.
Section 117 (42 U.S.C. 9617) is amended by adding
after subsection (h) the following:
‘‘(i) COMMUNITY ADVISORY GROUPS.—
‘‘(1) CREATION AND RESPONSIBILITIES.—The
President shall provide the opportunity for the es-
tablishment of a representative public forum, known
as a Community Advisory Group (CAG), to achieve
123
direct, 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) 10 individuals residing in or at the
area in which the facility is located, or 10 per-
cent of the population of a locality in which the
National Priorities List facility is located,
whichever is less, petition for a Community Ad-
visory Group to be established.
‘‘(2) 
DUTIES.—Each 
Community 
Advisory
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 Dis-
ease Registry, State regulatory agencies, Federal
agencies, Federal, State, and tribal natural resource
trustees, and potentially responsible parties conduct-
ing response actions. The information and views re-
ported shall include the various subjects related to
facility remediation, including facility health studies,
potential remedial alternatives, and selection and im-
plementation of remedial and removal actions. The
Community Advisory Group shall attempt to achieve
consensus among its members before reporting posi-
124
tions to agencies or potentially responsible parties.
In cases in which consensus cannot be reached, the
Community Advisory Group shall allow the presen-
tation of divergent views.
‘‘(3) LAND USE RECOMMENDATIONS.—To ob-
tain greater community input into and support for
remedial decisions affecting future land use, the Ad-
ministrator shall consult with the Community Advi-
sory Group, if any, affected Indian Tribes, the af-
fected community, local government officials and
local health officials on a regular basis throughout
the remedy selection process regarding the reason-
ably anticipated future use of land at the facility
and any institutional controls required to assure that
land use restrictions remain in effect. The Commu-
nity Advisory Group may offer recommendations on
the reasonably anticipated future use of land at the
facility to the Administrator at any time prior to the
selection of a remedy at the facility. The land use
recommendation shall consider at a minimum, appli-
cable comprehensive land use plans and the other
factors for determining future land use set forth in
section 121(b)(2)(B).
‘‘(4) COMMUNITY
ADVISORY
GROUP
MEM-
BERS.—Members shall serve on the Community Ad-
125
visory Group without pay. The President shall pro-
vide notice and opportunity to participate on a Com-
munity Advisory Group to the affected community,
including to persons who are or historically have
been disproportionately affected by facility contami-
nation in their community. The President shall en-
sure that each Community Advisory Group, to the
extent practicable, reflects the composition of the
community near the facility and the diversity of in-
terests. Local residents shall comprise a majority of
the total membership of the CAG. At least one per-
son in this group shall represent the Technical As-
sistance Grant recipient if such a grant has been
awarded under subsection (e). To the extent pos-
sible, the President shall ensure that members of the
following groups are represented on a CAG:
‘‘(A) Persons residing or owning residen-
tial property near the facility or persons who
may be directly affected by the releases from
the facility.
‘‘(B) Persons who, although not residing
or owning property near the facility, may be po-
tentially affected by releases from the facility.
‘‘(C) Local medical community practicing
in the community.
126
‘‘(D) Members of local Indian tribes or In-
dian communities.
‘‘(E) Local citizen, civic, environmental, or
public interest groups with members residing in
the community.
‘‘(F) Current and former employees of the
facility during facility operation.
‘‘(G) Local business community.
‘‘(5) FACA.—The Federal Advisory Committee
Act shall not apply to a CAG established under this
Act or ATSDR Community Advisory Panels.
‘‘(6) TECHNICAL
AND
ADMINISTRATIVE
SUP-
PORT
FOR
COMMUNITY
ADVISORY
GROUPS.—The
President may provide administrative support for
Community Advisory Groups.
‘‘(7) ADDITIONAL PARTICIPANTS.—The Admin-
istrator of Environmental Protection Agency, the
Administrator of the Agency for Toxic Substances
and Disease Registry and the State, representatives
chosen by the governing body of local Indian tribes
or Indian community local governments (which may
include pertinent city or county governments, or
both), and any other governmental unit which di-
rectly regulates land use in the immediate vicinity of
the facility, as appropriate; and facility owners and
127
local representatives of the Potentially Responsible
Parties (PRPs), who represent, wherever practicable,
a balance of PRP interests, may participate in Com-
munity Advisory Group meetings to provide informa-
tion and technical expertise, but shall not be mem-
bers of the Community Advisory Group.
‘‘(8) OTHER PUBLIC INVOLVEMENT.—The ex-
istence of a Community Advisory Group shall not di-
minish any other obligation of the President to con-
sider the views of any person in selecting response
actions under this Act. Nothing in this section shall
affect the status of any Citizen Advisory Group
formed before the enactment of this subsection.
Nothing in this section shall affect the status, deci-
sions, or future formation of any Department of De-
fense Restoration Advisory Board, Department of
Energy Site Specific Advisory Board, and no Citizen
Advisory Group must be established for a facility if
any such Board has been established for the facility.
‘‘(j) COMMUNITY STUDY.—
‘‘(1) REPORT
BY
THE
ADMINISTRATOR.—The
Administrator shall prepare and submit to Congress
a Community Study two years after the date of en-
actment of the Superfund Cleanup Acceleration and
Liability Equity Act, shall periodically update the
128
study. The Administrator shall ensure that copies of
such studies are made available to the public.
‘‘(2) CONTENT OF THE REPORT.—The Admin-
istrator’s report shall include an analysis of the
speed of listing; the speed and nature of response
action; the degree to which public views are reflected
in response actions; future land use determinations
and use of institutional controls; and the population,
race, ethnicity, and income characteristics of each
community affected by each facility listed or pro-
posed for listing on the National Priorities List.
‘‘(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
Administrator shall institute the necessary improve-
ments or modifications to address any deficiencies
identified by the study prepared under this section.’’.
SEC. 304. TECHNICAL OUTREACH SERVICES FOR COMMU-
NITIES.
Section 311(d)(2) (42 U.S.C. 9660(d)(2)) is amended
to read as follows:
129
‘‘(2) RESPONSIBILITIES OF CENTERS.—The re-
sponsibilities of a hazardous substance research cen-
ter under this subsection shall include—
‘‘(A) the conduct of research and training
relating to the disposal and management of
hazardous substances and publication and dis-
semination of the results of the research; and
‘‘(B) the conduct of a program to provide
educational and technical assistance to commu-
nities affected by contamination.’’.
SEC. 305. RECRUITMENT AND TRAINING PROGRAM.
Section 117 (42 U.S.C. 9617) is amended by adding
after subsection (j) the following:
‘‘(k) RECRUITMENT AND TRAINING PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the National Institute of Environ-
mental Health Studies, shall conduct a program to
assist in the recruitment and training of individuals
in an affected community for employment in re-
sponse activities conducted at the facility concerned.
‘‘(2) RECRUITMENT, TRAINING, AND EMPLOY-
MENT.—The Administrator shall encourage a person
conducting a response action under this Act to train
and employ persons from the affected community in
remediation skills.’’.
130
SEC. 306. FACILITY SCORING.
Section 105 (42 U.S.C. 9605) is amended by adding
the following at the end thereof:
‘‘(h) FACILITY SCORING.—The Administrator shall
evaluate areas, such as Indian country or poor rural com-
munities that warrant special attention and identify up to
5 facilities in each region of the Environmental Protection
Agency that are likely to warrant inclusion on the Na-
tional Priorities List. These facilities shall be accorded a
priority in evaluation for NPL listing and scoring, and
shall be evaluated for listing within 2 years after the date
of enactment of this subsection.’’.
SEC. 307. GRANT PROGRAM.
(a) GRANT PROGRAM.—Title III (42 U.S.C. 9651 et
seq.) is amended by inserting after section 311 the follow-
ing new section:
‘‘SEC. 311A. GRANT PROGRAM.
‘‘(a) GRANT PURPOSES.—Grants from the Fund for
the training and education of workers who are or may be
engaged in activities related to hazardous waste removal
or containment or emergency response may be made under
this section.
‘‘(b) ADMINISTRATION.—Grants from the Fund
under this section shall be administered by the National
Institute of Environmental Health Sciences.
131
‘‘(c) GRANT RECIPIENTS.—Grants from the Fund
shall be awarded to nonprofit organizations which dem-
onstrate experience in implementing and operating worker
health and safety training and education programs and
demonstrate the ability to reach and involve in training
programs target populations of workers who are or may
be engaged in hazardous waste removal or containment
or emergency response operations. Of the amount author-
ized in section 111, 20 percent of the funds shall be allo-
cated to such nonprofit organizations for training of mi-
nority and other community-based workers who are or
may be directly engaged in hazardous waste removal or
containment or emergency response operations.’’.
(b) AUTHORIZATION OF FUNDS FOR GRANTS.—Sec-
tion 111(c)(12) (42 U.S.C. 9611(c)(12)) is amended by
striking out ‘‘do not exceed’’ and all that follows through
the end of the paragraph and inserting in lieu thereof the
following: ‘‘do not exceed $40,000,000 for each of the fis-
cal years 1999, 2000, 2001, 2002, and 2003.’’.
Subtitle B—Human Health
SEC. 311. DISEASE REGISTRY AND HEALTH CARE PRO-
VIDERS.
Section 104 (42 U.S.C. 9604) is amended as follows:
(1) In subsection (b), by adding the following
new paragraph at the end thereof:
132
‘‘(3) NOTICE TO HEALTH AUTHORITIES.—The Presi-
dent shall notify State and local public health authorities
and Tribal health officials whenever the President has rea-
son to believe that a release of a hazardous substance, pol-
lutant, or contaminant has occurred, is occurring, or is
about to occur or that there is a threat of such a release.’’.
(2) In subparagraph (E) of paragraph (1) of
subsection (i), by striking ‘‘admission to hospitals
and other facilities and services operated or provided
by the Public Health Service’’ and inserting ‘‘refer-
ral to health care providers’’.
(3) Paragraph (6)(A) of subsection (i) is
amended to read as follows:
‘‘(A)(i) The Administrator of ATSDR shall perform
a health assessment or related health activity (including
biomedical testing, clinical evaluations, medical monitor-
ing, and referral to accredited health care providers) at
a minimum, for each facility listed or proposed for listing
on the National Priorities List established under section
105, including a facility owned or operated by a depart-
ment, agency, or instrumentality of the United States.
Such health assessment or related health activity shall be
completed for each facility listed or proposed for listing
on the National Priorities List not later than 1 year after
133
the date of proposal for inclusion on such list for each
facility.
‘‘(ii) The Administrator of the Environmental Protec-
tion Agency and the Administrator of ATSDR shall de-
velop strategies, in consultation with State, Tribal, and
local health officials, to obtain relevant on-site and off-
site characterization data, taking into account the needs
and conditions of the affected community.
‘‘(iii) The Administrator of the Environmental Pro-
tection Agency shall, to the maximum extent practicable,
provide the Administrator of ATSDR with the data and
information necessary to make a public health determina-
tion in a timely manner to allow the Administrator of
ATSDR to complete the assessment.
‘‘(iv)(I) If appropriate, the Administrator of ATSDR
shall provide recommendations for sampling environ-
mental media to the Administrator of the Environmental
Protection Agency as soon as practicable after discovering
a release or threat of release of a hazardous substance
or pollutant or contaminant at a facility.
‘‘(II) To the maximum extent practicable, the Admin-
istrator of the Environmental Protection Agency shall in-
corporate the recommendations into the facility investiga-
tion activities.’’.
134
(4) Subparagraph (F) of paragraph (6) of sub-
section (i) is amended to read as follows:
‘‘(F) For the purposes of this subsection and section
111(c)(4), the term ‘health assessments’ shall include pre-
liminary assessments of the potential risk to human
health, including children and other highly susceptible
populations, posed by individual sites and facilities, based
on such factors as the nature and extent of contamination,
the past, present, or future existence of potential pathways
of human exposure and the community’s historic exposure
to site-related and non-site-related sources (including
ground or surface water contamination, air emissions, and
food chain contamination), the size and potential suscepti-
bility of the community within the likely pathways of expo-
sure, the comparison of expected human exposure levels
to the short-term and long-term health effects associated
with identified hazardous substances and any available
recommended exposure or tolerance limits for such haz-
ardous substances, and the comparison of existing morbid-
ity and mortality data on diseases that may be associated
with the observed levels of exposure.’’.
(5) In paragraph (14) of subsection (i), by
striking ‘‘distribute to the States, and upon request
to medical colleges, physicians, and’’ and inserting
the following: ‘‘distribute to the States, including
135
State health departments, Tribal health officials,
and upon request to medical colleges, local health
departments, medical centers, physicians, nursing in-
stitutions, nurses, and’’, by inserting ‘‘(A)’’ after
‘‘(14)’’, and by adding the following at the end
thereof:
‘‘(B) The Administrator of ATSDR shall also assem-
ble, develop, as necessary, and distribute to the general
public and to at-risk populations appropriate educational
materials and other information on human health effects
of hazardous substances.’’.
SEC. 312. 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
relevant toxicological testing which has been peer re-
viewed. The profiles prepared under this paragraph shall
136
be for those substances highest on the list of priorities
under paragraph (2) for which profiles have not previously
been prepared or for substances not on the listing but
which have been found at National Priorities List facilities
and non-National Priorities List facilities and which have
been determined by ATSDR to be of health concern. Pro-
files required under this paragraph shall be revised and
republished as appropriate, based on scientific develop-
ment. Such profiles shall be provided to the States, includ-
ing State health departments, Tribal health officials, and
local health departments, and made available to other in-
terested parties.’’.
SEC. 313. HEALTH STUDIES.
(a) HUMAN HEALTH STUDY.—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 appropriate on the basis
of the results of a health assessment or related health ac-
tivity indicating a threat of exposure to a hazardous sub-
stance at levels exceeding the protective level under the
hazard ranking system, 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 conducting full scale epi-
137
demiologic or other health studies of the entire exposed
population.’’.
(b) RESEARCH PROGRAM.—Section 104(i)(5)(A) (42
U.S.C. 9604(i)(5)(A)) is amended as follows:
(1) By inserting after ‘‘program of research’’
the following: ‘‘conducted directly or by such means
as cooperative agreements and grants with appro-
priate public and nonprofit institutions. The pro-
gram shall be’’.
(2) In the last sentence—
(A) in clause (iii), by striking ‘‘and’’ at the
end;
(B) by redesignating clause (iv) as clause
(v); and
(C) by inserting after clause (iii) the fol-
lowing:
‘‘(iv) laboratory and other studies that
can lead to the development of innovative
techniques for predicting organ-specific,
tissue-specific, and system-specific acute
and chronic toxicity; and’’.
SEC. 314. GRANT AWARDS, CONTRACTS, AND COMMUNITY
ASSISTANCE ACTIVITIES.
Section 104(i)(15) (42 U.S.C. 6904(i)(15)) is amend-
ed as follows:
138
(1) By inserting ‘‘(A)’’ before ‘‘The activities’’.
(2) In the first sentence, by striking ‘‘coopera-
tive agreements with States (or political subdivisions
thereof)’’ and inserting ‘‘grants, cooperative agree-
ments, or contracts with States (or political subdivi-
sions thereof), Indian Tribes, other appropriate pub-
lic authorities, public or private institutions, colleges,
universities (including historically black colleges and
universities)’’.
(3) By adding at the end the following new sub-
paragraph:
‘‘(B) The Administrator of the Agency for Toxic Sub-
stances and Disease Registry, pursuant to the grants, co-
operative agreements and contracts referred to in this
paragraph, is authorized to facilitate, where appropriate,
the provision of health services to communities affected
by the release of hazardous substances. Such health serv-
ices may include diagnostic services, testing, health data
registries, and preventative public health education.’’.
SEC. 315. INDIAN HEALTH PROVISIONS.
Section 104(i) (42 U.S.C. 9406(i)) is amended as fol-
lows:
(1) In paragraph (1)—
(A) by inserting ‘‘the Indian Health Serv-
ice’’ after ‘‘the Secretary of Transportation’’;
139
(B) by inserting ‘‘and tribal’’ after ‘‘and
local’’;
(C) in subparagraph (A) by inserting ‘‘and
Indian tribes’’ after ‘‘the States’’; and
(D) in subparagraph (C) by inserting ‘‘In-
dian tribes’’ after ‘‘States,’’.
(2) In paragraph (4) by—
(A) striking ‘‘State officials and local offi-
cials’’ and inserting ‘‘State, tribal, and local of-
ficials’’; and
(B) inserting in the second sentence ‘‘or
Indian tribes’’ after ‘‘States’’.
(3) In paragraph (5)(A) by inserting ‘‘and the
Indian Health Service’’ after ‘‘Public Health Serv-
ice’’.
(4) In paragraph (6)(C) by inserting ‘‘where
low population density is not used as an excluding
risk factor’’ after ‘‘health appears highest’’.
(5) In paragraph (6)(E)—
(A) by inserting ‘‘Indian tribe’’ after
‘‘Any’’; and
(B) by inserting at the end of the subpara-
graph the following: ‘‘If the ATSDR or the Ad-
ministrator of the Environmental Protection
Agency does not act on the recommendations of
140
the State or Indian tribe, then the Administra-
tors must respond in writing to the State or
tribe why they have not acted on the rec-
ommendations.’’.
(6) In paragraph (6)(F) by striking ‘‘and’’ after
‘‘emissions,’’ and inserting ‘‘and any other pathways
resulting from subsistence activities’’ after ‘‘contami-
nation’’.
(7) In paragraph (6)(G) by striking the period
at the end of the last sentence and inserting the fol-
lowing: ‘‘and give special consideration, where appro-
priate, to any practices of the affected community
that may result in increased exposure to hazardous
substances, pollutants, or contaminants, such as
subsistence hunting, fishing, and gathering.’’.
(8) In paragraph (10)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (D);
(B) by striking the period at the end of
subparagraph (E) and inserting ‘‘; and’’; and
(C) by inserting after revised subpara-
graph (E) the following new subparagraph:
‘‘(F) and the health impacts from pollut-
ants, contaminants, and hazardous substances
on Indian tribes from covered facilities.’’.
141
SEC. 316. 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 ac-
tivities under section 104(i),’’.
Subtitle C—General Provisions
SEC. 321. TRANSITION.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this title and the amendments made by this
title shall become effective upon the date of enactment of
this Act.
(b) SPECIAL RULE.—The requirements of para-
graphs (2), (3), (5), and (8) of section 117(a) and para-
graph (1) of section 117(f) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, as added by sections 301 and 302, shall become ef-
fective 180 days after the date of enactment of this Act.
TITLE IV—NATURAL RESOURCE
DAMAGES
SEC. 401. USE OF NATURAL RESOURCE DAMAGES FUNDS.
Section 107(f) (42 U.S.C. 9607(f)) is amended—
(1) by striking ‘‘(f)(1)’’ and all that follows
through the end of paragraph (1) and inserting the
following:
142
‘‘(f) USE
OF
NATURAL
RESOURCE
DAMAGES
FUNDS.—
‘‘(1) IN
GENERAL.—Sums recovered by the
United States Government as trustee under this sub-
section shall be retained by the trustee, without fur-
ther appropriation, for use only for reasonable res-
toration measures for such natural resources. Sums
recovered by a State or Indian tribe as trustee under
this subsection shall be available for use only for
reasonable restoration measures for such natural re-
sources by the State or Indian tribe.’’; and
(2) by indenting the left margins of paragraph
(2) so as to be appropriately aligned under para-
graph (1).
SEC. 402. LEAD TRUSTEE; BUNDLING OF CLAIMS; POTEN-
TIALLY RESPONSIBLE PARTY STATUS.
Section 107(f)(2) (42 U.S.C. 9607(f)(2)) is amended
by adding at the end the following new subparagraph:
‘‘(D) LEAD
TRUSTEE.—(i) In a case where
more than one Federal, State, or tribal trustee has
cause to conduct a natural resource damage assess-
ment, the trustees shall designate a lead administra-
tive trustee at the site. Such designation shall be
done not later than 180 days after first notice to the
responsible parties that a natural resource damage
143
assessment will be made. Failure by a trustee to
participate in the designation of a lead trustee shall
preclude the trustee from seeking costs for natural
resource damages from a responsible party.
‘‘(ii) The lead administrative trustee shall bear
the responsibility of coordinating input of other
trustees in assessing damages to the natural re-
sources and developing and implementing any res-
toration plan.
‘‘(iii) In the event that a natural resource dam-
age assessment results in the filing of a claim under
this subsection, such claim will represent the inter-
ests of all trustees associated with the assessment.
Each trustee shall act as plaintiff for resources iden-
tified in the assessment where exclusive ownership or
management of such resources can be demonstrated.
‘‘(iv) Where a Federal, State, or tribal trustee
is a liable party under this section where natural re-
sources have been injured, destroyed, or lost, such
trustee shall not be designated the lead administra-
tive trustee under this subsection.’’.
SEC. 403. USE OF MEDIATION.
Section 122(f) (42 U.S.C. 9622(f)) is amended by
adding at the end the following new paragraph:
144
‘‘(7) USE OF MEDIATION.—Any Federal natural
resource trustee, State natural resource trustee, or
Indian tribe seeking damages for injury to, destruc-
tion of, or loss of natural resources in accordance
with subsections (a) and (f) of section 107 shall ini-
tiate mediation for such claim with any potentially
responsible parties by means of the mediation proce-
dure or other alternative dispute resolution method
recognized by the district court in which the action
is filed. Such mediation shall be initiated not later
than 120 days after the filing of such action. Such
120-day period may be extended upon agreement of
all parties.’’.
SEC. 404. TRANSITION RULES.
The amendments made by this title shall not apply
to any action to recover natural resource damages under
section 107(f) that was filed in the appropriate district
court before October 28, 1997.
SEC. 405. LOST-USE AND NONUSE DAMAGES AND CONTIN-
GENT VALUATION METHODOLOGY.
Section 107(f) (42 U.S.C. 9607(f)) is amended by
adding at the end the following new paragraph:
‘‘(3) DAMAGES.—
‘‘(A) MEASURE OF DAMAGES.—The meas-
ure of damages in any action under this sub-
145
section shall be limited to the reasonable costs
of—
‘‘(i) assessing such damages;
‘‘(ii) restoring such resources; and
‘‘(iii) the lost-use of such resources
occurring after December 11, 1980.
‘‘(B) NONUSE VALUES.—There shall be no
recovery under this Act for any impairment of
nonuse values as a separate compensable dam-
age.
‘‘(C) CONTINGENT VALUATION METHODOL-
OGY.—Contingent valuation methodology and
other economic polling techniques shall not be
used to value either lost natural resource serv-
ices or any particular restoration alternative.’’.
SEC. 406. RESTORATION GOAL AND ALTERNATIVES.
Section 107(f) (42 U.S.C. 9607(f)) is further amend-
ed by adding at the end the following new paragraph:
‘‘(4) RESTORATION ALTERNATIVES.—
‘‘(A) GOAL.—An injury to, destruction of,
or loss of natural resources, for the purposes of
evaluating damages and identifying restoration
alternatives under this subsection or section
106, shall mean a measurable adverse change in
a population or community of organisms that
146
exceeds the natural variability of the population
or community of organisms to an ecologically
significant degree, as a result of a release of a
hazardous substance. The goal of any restora-
tion shall be to restore injured natural re-
sources to their baseline condition for the rea-
sonably anticipated use of the natural resources
as measured by the consumptive and non-
consumptive services provided by such re-
sources.
‘‘(B) 
RESTORATION
OF
SPECIAL
RE-
SOURCES.—(i) The goal of restoration of a
damaged biological resource that is located
within a federally designated national park, wil-
derness area, or marine sanctuary shall be to
return populations of such resource to the base-
line condition.
‘‘(ii) If a species is listed as threatened or
endangered under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), impacts to
individual plants or animals shall be considered
to be impacts to populations or communities of
organisms.
‘‘(C) SELECTION OF ALTERNATIVES.—Any
Federal natural resource trustee, State natural
147
resource trustee, or Indian tribe selecting a res-
toration alternative to attain the goal of this
paragraph shall select measures that—
‘‘(i) are technically feasible;
‘‘(ii) are cost-effective;
‘‘(iii) are consistent with response ac-
tions; and
‘‘(iv) are timely, to the extent consist-
ent with clauses (i), (ii), and (iii).
‘‘(D) NATURAL
RECOVERY.—Natural re-
covery shall be considered as a restoration al-
ternative on an equal basis with other meas-
ures, where natural recovery will result in the
restoration of services within a time frame that
is reasonable compared to the time by which
more active measures would result in attain-
ment of the restoration goal in subparagraph
(A).
‘‘(E) REPLACEMENT.—With the concur-
rence of the affected trustees, any restoration
alternative selected in accordance with subpara-
graph (B) may include temporary or permanent
replacement of the services, or some portion
thereof, which would otherwise have been pro-
vided by the injured natural resources.’’.
148
SEC. 407. DOUBLE RECOVERY.
Section 107(f)(4), as added by section 406, is amend-
ed by adding at the end the following new subparagraph:
‘‘(F) DOUBLE RECOVERY.—There shall be
no double recovery by a Federal, State, or tribal
trustee or trustees under this Act or any other
law for natural resource damages, including the
costs of damage assessment or restoration, re-
placement or acquisition for the same injury,
destruction, or loss of a natural resource.’’.
SEC. 408. CAUSATION.
Section 107(f) (42 U.S.C. 9607(f)) is further amend-
ed by adding at the end the following new paragraph:
‘‘(5) CAUSATION.—A trustee may recover natu-
ral resource damages from a defendant only if the
damage assessment demonstrates that the hazardous
substance release or releases for which the defendant
is legally responsible were a cause of any alleged
natural resource injuries that deviate from the base-
line condition. For purposes of this paragraph, the
term ‘cause’ shall be construed in accordance with
the Restatement Second of Torts as in effect on the
date of the enactment of this paragraph.’’.
SEC. 409. DEFINITIONS.
Section 101 (42 U.S.C. 9601) is amended—
149
(1) in paragraph (21), by striking ‘‘or any
interstate body’’ and inserting ‘‘Indian tribe, or any
interstate body, except that no Indian tribe shall be
required to share payment of future operation and
maintenance costs associated with a site under sec-
tion 104’’; and
(2) by adding at the end the following new
paragraphs:
‘‘(39) The term ‘baseline’ means the condition
or conditions that would have existed at a natural
resource had a release of hazardous substances not
occurred.
‘‘(40) The term ‘consumptive services’ means
the use of a natural resource by the public that in-
cludes activities such as fishing and trapping in
which resources are harvested.
‘‘(41) The term ‘nonconsumptive services’
means the physical use of the resource by the public
in a manner that does not reduce the stock of the
resource. Such uses include activities related to visi-
tation, such as hiking, wildlife viewing, and photog-
raphy, as well as ecological services such as flood
control and filtration.’’.
150
TITLE V—STATE ROLE
SEC. 501. CONTRACTS OR COOPERATIVE AGREEMENTS
WITH STATES.
Title I is amended by adding after section 129 the
following new section:
‘‘SEC. 130. 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
RESPONSE
ACTION
AT
NPL
FACILITIES.—A State
may apply to the Administrator to take or require
response actions, including selection and enforce-
ment of remedial actions and use of allocation proce-
dures under section 128, under a contract or cooper-
ative agreement as provided in this section at any
non-federally owned or operated facility within the
151
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 Admin-
istrator shall enter into a contract or cooperative
agreement under this section if the Administrator
determines 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 con-
sultation with the States, shall promulgate regulations to
implement this section. The regulations shall provide such
additional qualifications for a contract or cooperative
agreement under this section as the Administrator consid-
ers reasonable, including qualifications applicable to par-
ticular types of preremedial or response actions. The regu-
lations shall include 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
152
not be a major potentially responsible party with respect
to that facility.
‘‘(c) QUALIFICATION
REQUIREMENTS
WITH
RE-
SPECT TO SELECTION OF REMEDIAL ACTION AND USE
OF ALLOCATION PROCEDURES.—For purposes of sub-
section (a)(3)(B), with respect to a contract or cooperative
agreement under this section for authority to select reme-
dial action or to use the allocation procedures under sec-
tion 128, the Administrator also shall make each of the
following determinations:
‘‘(1) The State has the capability to select re-
medial actions or to use the allocation procedures
under section 128, including adequate legal author-
ity, financial and personnel resources, organization,
and expertise.
‘‘(2) The State meets any other qualifications
set forth in the regulations promulgated under sub-
section (b) for selecting remedial actions or using
the allocation 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
allows a State to select remedial actions, the State shall
agree to select such remedial actions in accordance with
153
all of the procedures and requirements set forth in sec-
tions 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 se-
lects a remedial action pursuant to a contract or coopera-
tive agreement entered into under subsection (a) shall
have the authority to enforce the requirements of such re-
medial action pursuant to section 121(f)(4).
‘‘(2) Such State also shall have the authority to en-
force compliance with any standard, regulation, condition,
requirement, order, or final determination of the State
with respect to the remedial action. Such State also may
seek civil penalties not to exceed $25,000 per day for any
violation of such standard, regulation, condition, require-
ment, order, or final determination. Such State may com-
mence an action seeking such relief unless the standard,
regulation, condition, requirement, order, or final deter-
mination 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
154
requirement applicable to the remedial action in accord-
ance with section 121.
‘‘(f) REQUIREMENTS FOR ENFORCEMENT AND ALLO-
CATION.—
‘‘(1) ENFORCEMENT.—In the case of a contract
or cooperative agreement providing for a State to
initiate an enforcement action with respect to a facil-
ity for purposes of recovering costs or compelling
performance of a remedy at the facility, the contract
or cooperative agreement shall require the State to
provide for expedited settlements under section 122.
‘‘(2) USE OF ALLOCATION PROCEDURES.—(A)
In the case of a contract or cooperative agreement
providing for a State to initiate an enforcement ac-
tion with respect to a facility subject to mandatory
allocation pursuant to section 128(a)(1), the con-
tract or cooperative agreement shall require the
State to use allocation procedures with respect to
the facility. The contract or cooperative agreement
shall require the State to initiate the allocation proc-
ess by certifying each of the following:
‘‘(i) The State has completed a potentially
responsible party search substantially consistent
with subsection (c) of section 128 and will make
155
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 128(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 128. The Administrator may assign to the
State, by cooperative agreement or otherwise, any
responsibilities 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 128, 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
128(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
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allocation pursuant to State law or the provisions of
this Act.
‘‘(D) The President, through either the Admin-
istrator or the Attorney General, or both, may par-
ticipate in any phase of an allocation proceeding
where an orphan share is identified according to the
factors set forth in section 128.
‘‘(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 Attorney 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 128.
‘‘(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 128. Such determination shall be made in
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the same manner, and shall be subject to the same
limitations, as set forth in section 128.
‘‘(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
128.
‘‘(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 recov-
eries shall be returned to the Fund. The remaining
25 percent shall be used for any other response ac-
tion by the recovering State.
‘‘(3) COVENANTS.—(A) In a case in which ei-
ther the President, acting under the authority of this
Act, or a State, acting pursuant to a contract or co-
operative agreement under this section, has respon-
158
sibility for selecting a response action at a facility
listed or proposed for listing on the National Prior-
ities List and enters an administrative or judicial
settlement to resolve the liability of responsible par-
ties at the facility, the President or the State may
confer, in accordance with requirements relating to
covenants of sections 122 and 128, a covenant that
will preclude some or all administrative or judicial
action by both the President and the State to re-
cover 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 governmental entity that did not con-
fer 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
participate 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
signature for the record of decision or receipt of
notice of the settlement, whichever is later.
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‘‘(B) The covenants described by this para-
graph may be conferred by either the Administrator
or the State with respect to a facility owned or oper-
ated by any department, agency, or instrumentality
of the United States (including the executive, legisla-
tive, and judicial branches of government). The Ad-
ministrator may confer a covenant in an administra-
tive order, consent decree, or an interagency agree-
ment. The State may confer a covenant in an ad-
ministrative 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 recover any funds advanced or any costs in-
curred because of the breach.
‘‘(2) SPECIFIC TERMS.—A contract or coopera-
tive agreement under this section shall include the
following requirements:
160
‘‘(A) A requirement that the State shall
exercise any authority conferred by this section
or the contract or cooperative agreement on be-
half of the State, and not on behalf of or in the
name of the Administrator, the President, or
the United States.
‘‘(B) A requirement that the State have
and maintain sufficient legal authority under
applicable State law to enter into the contract
or cooperative agreement.
‘‘(C) A requirement that the Administrator
retain authority to terminate and recoup fund-
ing, and to terminate the contract or coopera-
tive agreement, if the State fails to perform the
contract or cooperative agreement in a manner
consistent with this Act. At least 90 days before
terminating any contract or cooperative agree-
ment with a State, the Administrator shall pro-
vide to the State a written explanation of the
reasons for the proposed termination and afford
an opportunity to the State to discuss the ter-
mination and to propose actions to correct any
deficiencies.
‘‘(D) A requirement imposing a non-
discretionary duty on the Administrator to per-
161
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. 502. 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
Cleanup Acceleration and Liability Equity Act.
‘‘(11) STATE COST SHARE.—After the date of enact-
ment of the Superfund Cleanup Acceleration and Liability
Equity Act, the Administrator shall not provide any fund-
ing under this subsection or section 127, or any response
action pursuant to this section, except for emergency re-
moval 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 sec-
162
tion 127 that provides assurances, deemed adequate by
the Administrator, that—
‘‘(A) the State will pay or assure payment of 10
percent of the cost of such response action or fund-
ing, including 10 percent of orphan share funding
and operation and maintenance costs; and
‘‘(B) the State will assure oversight of any op-
eration and maintenance of funded response ac-
tions.’’.
TITLE VI—GENERAL
PROVISIONS
SEC. 601. DEFINITIONS.
Section 101 (42 U.S.C. 9601), as amended by section
409, is further amended by adding at the end the follow-
ing:
‘‘(41) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
generated by households, including single and multi-
family residences, and hotels and motels. The term
also includes waste materials generated by commer-
cial, institutional, and industrial sources, to the ex-
tent such wastes (A) are essentially the same as
waste normally generated by households, or (B) are
collected and disposed of with other municipal solid
waste or sewage sludge as part of normal municipal
163
solid waste collection services, and, regardless of
when generated, would be considered conditionally
exempt small quantity generator waste under regula-
tion issued pursuant to section 3001(d) of the Solid
Waste Disposal Act (42 U.S.C. 6921(d)). Examples
of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies, cos-
metics, glass and metal food containers, elementary
or secondary school science laboratory waste, and
household hazardous waste. The term does not in-
clude combustion ash generated by resource recovery
facilities or municipal incinerators, or waste from
manufacturing or processing (including pollution
control) operations not essentially the same as waste
normally generated by households.’’.
SEC. 602. APPROVAL OF GOVERNOR NOT REQUIRED BE-
FORE LISTING OF FACILITY ON NATIONAL
PRIORITIES LIST.
Section 105(a)(8)(B) (42 U.S.C. 9605(a)(8)(B)) is
amended by inserting after ‘‘consider any priorities estab-
lished by the States’’ the following: ‘‘, but the approval
of a Governor of a State is not necessary before the Presi-
164
dent lists a facility in that State on the National Priorities
List’’.
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