I
106TH CONGRESS
1ST SESSION
H. R. 2580
To encourage the creation, development, and enhancement of State response
programs for contaminated sites, removing existing Federal barriers to
the cleanup of brownfield sites, and cleaning up and returning contami-
nated sites to economically productive or other beneficial uses.
IN THE HOUSE OF REPRESENTATIVES
JULY 21, 1999
Mr. GREENWOOD (for himself, Mr. HALL of Texas, Mr. GANSKE, Mr.
HASTINGS of Florida, Mr. MORAN of Virginia, Mr. ROEMER, Mr. MAR-
TINEZ, Mr. TRAFICANT, Mr. CLAY, Mr. SHOWS, Mr. PETERSON of Min-
nesota, Mr. EHRLICH, Mr. GILLMOR, Mr. PICKERING, Mr. UPTON, Mr.
SHIMKUS, and Mr. BURR of North Carolina) introduced the following bill;
which was referred to the Committee on Commerce, and in addition to
the Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To encourage the creation, development, and enhancement
of State response programs for contaminated sites, re-
moving existing Federal barriers to the cleanup of
brownfield sites, and cleaning up and returning contami-
nated sites to economically productive or other beneficial
uses.
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 ‘‘Land Recycling Act
of 1999’’.
SEC. 2. FINDINGS.
(a) FINDINGS.—Congress finds the following:
(1) Brownfields are parcels of land that contain
or contained abandoned or under used commercial
or industrial facilities, the expansion or redevelop-
ment of which is complicated by the actual or poten-
tial presence of hazardous substances, pollutants, or
contaminants.
(2) Brownfields, which may number in the hun-
dreds of thousands nationwide, threaten the environ-
ment, devalue surrounding property, erode State and
local tax bases, and prevent job growth.
(3) The primary environmental reason that cur-
rent owners and prospective developers do not rede-
velop brownfields is their fear about the potential li-
ability under environmental laws associated with the
cleanup and redevelopment of these sites.
(4) Current Federal law poses a barrier to the
cleanup and redevelopment of brownfields, leading
instead to the development of so-called greenfields,
contributing to urban sprawl, creating infrastructure
problems, and reducing recreational and agricultural
opportunities.
nated sites to economically productive or other bene-
ficial uses.
SEC. 3. CLEANUPS PURSUANT TO STATE RESPONSE PRO-
GRAMS.
(a) PROHIBITION
ON ENFORCEMENT.—Except as
otherwise provided in this section, neither the President
nor any other person (other than a State) may use any
authority of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) or section 7002(a)(1)(B) or section 7003 of the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) to com-
mence an administrative or judicial action under either of
those Acts with respect to any release or threatened re-
lease at a facility that is, or has been, the subject of a
response action pursuant to a State program that meets
the requirements of subsection (b).
(b) STATE REQUIREMENTS.—The prohibition in sub-
section (a) applies with respect to a facility that is, or has
been, the subject of a response action pursuant to a State
program for undertaking response actions at facilities
where there is a release or threatened release of hazardous
substances if such program has been submitted to the Ad-
ministrator of the Environmental Protection Agency to-
gether with a certification by the State that—
(1) the State has enacted such program into
law,
(2) the State has committed the financial and
personnel resources necessary to carry out such pro-
gram, and
(3) such program will be implemented in a
manner protective of human health and the environ-
ment.
(c) LIMITATION ON PROHIBITION.—The prohibition
under subsection (a) and the exemption under subsection
(f) shall not apply with respect to any of the following:
(1) Any facility listed on the National Priorities
List, unless the Administrator, on a facility-by-facil-
ity basis and pursuant to an agreement with the
State concerned, makes a finding that a facility list-
ed on the National Priorities List is eligible to par-
ticipate in a State cleanup program meeting the re-
quirements of subsection (b).
(2) Any facility for which the Governor of a
State has requested Environmental Protection Agen-
cy assistance to perform a response action.
(3) Any facility owned or operated by a depart-
ment, agency, or instrumentality of the United
States.
(4) A release or threatened release to the extent
that a response action has been required pursuant to
an administrative order or judicial order or decree
entered into by the United States under any of the
following laws before the commencement of a re-
sponse action pursuant to a State program described
in subsection (a):
(A) The Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 and following).
(B) The Solid Waste Disposal Act (42
U.S.C. 6901 and following).
(C) The Federal Water Pollution Control
Act (33 U.S.C. 1251 and following).
(D) The Toxic Substances Control Act (15
U.S.C. 2601 and following).
(E) Title XIV of the Public Health Service
Act (commonly known as the Safe Drinking
Water Act) (42 U.S.C. 300f and following).
(5) A release or threatened release for which re-
sponse actions are immediately required to prevent
or mitigate a public health emergency and for which
the State is not responding in a timely manner.
(d) PRIOR ACTIONS.—Nothing in this section shall
affect administrative or judicial action commenced prior
to the date of enactment of this section.
(e) PERMITS AND OTHER REQUIREMENTS.—(1) 18
months after enactment of this Act, Federal permit or per-
mit revisions shall not be required for the on-site portion
of response actions that are subject to the prohibition
under subsection (a). Nothing in this paragraph dimin-
ishes the application of substantive standards required by
law.
(2) Within 12 months after enactment of this Act and
after public notice and comment and consultation with
State Governors, the Administrator shall promulgate regu-
lations which streamline any reporting requirements con-
nected with implementation of substantive requirements of
Federal law and consistent with paragraph (1).
(f) ASSISTANCE
TO STATES.—The Administrator
shall provide technical, financial, and other assistance to
States to establish and enhance State response programs.
The Administrator shall encourage the States to develop
risk sharing pools, indemnity pools, or insurance mecha-
nisms to provide financing for response actions under their
response programs.
(g) EFFECT OF RESPONSE.—Performance of a re-
sponse action pursuant to a State program under this sec-
tion 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.
SEC. 4. ADDITIONS TO NATIONAL PRIORITIES LIST.
(a) ADDITIONS TO NPL.—Section 105 of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 and following) is
amended by adding at the end the following new sub-
section:
‘‘(h) ADDITIONS TO NPL.—The President may add
a facility to the National Priorities List only after request-
ing and obtaining the concurrence of the Governor of the
State in which the facility is located. If the Governor
assures the President that the State is addressing, or will
address, the site under State authority, and the Governor
does not concur in the listing of the site, the President
shall not list the site.’’.
(b) CROSS REFERENCE.—Subparagraph (B) of sec-
tion 105(a)(8) of such Act is amended by inserting after
‘‘shall revise the list’’ the following: ‘‘, subject to sub-
section (h),’’.
SEC. 5. INNOCENT LANDOWNERS.
(a) IN GENERAL.—Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 and following) is further amend-
ed by adding at the end the following new subsection:
‘‘(q) INNOCENT LANDOWNERS.—
‘‘(1) CONDUCT
OF
ENVIRONMENTAL
ASSESS-
MENT.—A person who has acquired real property
shall have made all appropriate inquiry within the
meaning of subparagraph (B) of section 101(35) if
he establishes that, within 180 days prior to the
time of acquisition, an environmental site assess-
ment of the real property was conducted that meets
the requirements of this subsection.
‘‘(2) DEFINITION OF ENVIRONMENTAL SITE AS-
SESSMENT.—For purposes of this subsection, the
term ‘environmental site assessment’ means an as-
sessment conducted in accordance with the stand-
ards set forth in the American Society for Testing
and Materials (ASTM) Standard E1527–94, titled
‘Standard Practice for Environmental Site Assess-
ments: Phase I Environmental Site Assessment
Process’ or with alternative standards issued by rule
by the Administrator or promulgated or developed
by others and designated by rule by the Adminis-
trator. Before issuing or designating alternative
standards, the Administrator shall first conduct a
study of commercial and industrial practices con-