(b) REQUIREMENTS.—After a city submits a petition
under subsection (a) with respect to a site, the Adminis-
trator shall require the owner or other potentially respon-
sible party at the site concerned to prepare, in consultation
with the Environmental Protection Agency, a preliminary
assessment and evaluation of the site. Not later than 12
months after such assessment and evaluation are com-
pleted, the Administrator shall review the assessment and
evaluation and determine whether the site should be
placed on the National Priorities List. If the Adminis-
trator determines the site should not be placed on the List,
the Administrator shall issue a certificate stating that the
site is not a Superfund site.
SEC. 6. AMENDMENTS TO SUPERFUND PERTAINING TO IN-
NOCENT LANDOWNER DEFENSE.
Section 101(35) of the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C.
9601 et seq.) is amended by redesignating subparagraphs
(C) and (D) as subparagraphs (D) and (E), respectively
and inserting after subparagraph (B), the following:
‘‘(C)(i) The Administrator shall establish guidelines
defining the actions that are necessary to fulfill the re-
quirement to undertake all appropriate inquiry for pur-
poses of subparagraph (B). At a minimum, ‘all appro-
priate inquiry’ means an investigation of the real property,
conducted by environmental professionals, to determine or
discover the obviousness of the presence or likely presence
of a release or threatened release of hazardous substances
on the real property and which consists of a review of each
of the following sources of information concerning the pre-
vious ownership and uses of the real property:
‘‘(I) Recorded chain of title documents regard-
ing the real property, including all deeds, easements,
leases, restrictions, and covenants for a period of 50
years.
‘‘(II) Aerial photographs which may reflect
prior uses of the real property and which are reason-
ably obtainable through State or local government
agencies.
‘‘(III) Determination of the existence of re-
corded environmental cleanup liens against the real
property which have arisen pursuant to Federal,
State, and local statutes.
‘‘(IV) Reasonably obtainable Federal, State,
and local government records of sites or facilities
where there has been a release of hazardous sub-
stances and which are likely to cause or contribute
to a release or threatened release of hazardous sub-
stances on the real property, including investigation
reports for such sites or facilities; reasonably obtain-
able Federal, State, and local government environ-
mental records of activities likely to cause or con-
tribute to a release or a threatened release of haz-
ardous substances on the real property, including
landfill and other disposal location records, under-
ground storage tank records, hazardous waste han-
dler and generator records and spill reporting
records; and such other reasonably obtainable Fed-
eral, State, and local government environmental
records which report incidents or activities which are
likely to cause or contribute to a release or threat-
ened release of hazardous substances on the real
property. In order to be deemed ‘reasonably obtain-
able’ within the meaning of this subclause, a copy or
reasonable facsimile of the record must be obtainable
from the government agency by request.
‘‘(V) A visual site inspection of the real prop-
erty and all facilities and improvements on the real
property, and a visual inspection of immediately ad-
jacent properties from the real property, including
an investigation of any chemical use, storage, treat-
ment and disposal practices on the property.
‘‘(ii) For purposes of this subparagraph, the term
‘environmental professional’ means an individual, or an
entity managed or controlled by such individual who,
through academic training, occupational experience and
reputation (such as engineers, environmental consultants
and attorneys), can objectively conduct one or more as-
pects of the investigation described in clause (i).
‘‘(iii) In establishing the guidelines under this sub-
paragraph, the Administrator shall consider any discus-
sions of the American Society for Testing and Materials.’’.
SEC. 7. ASSISTANCE TO STATES.
The Administrator may provide technical and finan-
cial assistance to States for carrying out activities associ-
ated with the implementation of the provisions of this Act
and the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions
apply:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
(2) The term ‘‘hazardous substance’’ has the
meaning given that term by section 101(14) of the
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980.
(3) The term ‘‘release’’ has the meaning given
that term by section 101(22) of the Comprehensive
Environmental Response, Compensation, and Liabil-
ity Act of 1980.
SEC. 9. AUTHORIZATION.
There is authorized to be appropriated to the Admin-
istrator the sum of $5,000,000 for fiscal year 1993,
$10,000,000 for fiscal year 1994, and $20,000,000 for
each of fiscal years 1995, 1996, and 1997 to carry out
the requirements of this Act and the amendments made
by this Act, including assistance to States under section
7.
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