Small Business Liability Relief and Brownfields Revitalization Act
PL 107-118 (H.R.2869), enacted 01/11/2002

115 STAT. 2356 
PUBLIC LAW 107-118^JAN. 11, 2002 
Jan. 11, 2002 
[H.R. 2869] 
Small Business 
Liability Relief 
and Brownfields 
Revitalization 
Act. 
42 ilSC 9601 
note. 
Small Business 
Liability 
Protection Act. 
Public Law 107-118 
107th Congress 
An Act 
To provide certain relief for small businesses from liability under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, and to amend 
such Act to promote the cleanup and reuse of brownfields, to provide financial 
assistance for brownfields revitalization, to enhance State response programs, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Small Business Liability Relief 
and Brownfields Revitalization Act". 
TITLE I—SMALL BUSINESS LIABILITY 
PROTECTION 
42 u s e 9601 
note. 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Small Business Liability Protec-
tion Act". 
SEC. 102. SMALL BUSINESS LIABILITY RELIEF. 
(a) EXEMPTIONS.—Section 107 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607) is amended by adding at the end the following new 
subsections: 
"(o) DE MICROMIS EXEMPTION.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
a person shall not be liable, with respect to response costs 
at a facility on the National Priorities List, under this Act 
if liability is based solely on paragraph (3) or (4) of subsection 
(a), and the person, except as provided in paragraph (4) of 
this subsection, can demonstrate that— 
"(A) the total amount of the material containing haz-
ardous substances that the person arranged for disposal 
or treatment of, arranged with a transporter for transport 
for disposal or treatment of, or accepted for transport for 
disposal or treatment, at the facility was less than 110 
gallons of liquid materials or less than 200 pounds of 
solid materials (or such greater or lesser amounts as the 
Administrator may determine by regulation); and 
"(B) all or part of the disposal, treatment, or transport 
concerned occurred before April 1, 2001. 
"(2) EXCEPTIONS.—Paragraph (1) shall not apply in a case 
in which— 
PUBLIC LAW 107-118-^AN. 11, 2002 
115 STAT. 2357 
"(A) the President determines that— 
"(i) the materials containing hazardous substances 
referred to in paragraph (1) have contributed signifi-
cantly or could contribute significantly, either individ-
ually or in the aggregate, to the cost of the response 
action or natural resource restoration with respect to 
the facility; or 
"(ii) the person has failed to comply with an 
information request or administrative subpoena issued 
by the President under this Act or has impeded or 
is impeding, through action or inaction, the perform-
ance of a response action or natural resource restora-
tion with respect to the facility; or 
"(B) a person has been convicted of a criminal violation 
for the conduct to which the exemption would apply, and 
that conviction has not been vitiated on appeal or other-
wise. 
"(3) No JUDICIAL REVIEW.—^A determination by the Presi-
dent under paragraph (2)(A) shall not be subject to judicial 
review. 
"(4) 
NONGOVERNMENTAL 
THIRD-PARTY 
CONTRIBUTION 
ACTIONS.—In the case of a contribution action, with respect 
to response costs at a facility on the National Priorities List, 
brought by a party, other than a Federal, State, or local govern-
ment, under this Act, the burden of proof shall be on the 
party bringing the action to demonstrate that the conditions 
described in paragraph (1)(A) and (B) of this subsection are 
not met. 
"(p) MUNICIPAL SOLID WASTE EXEMPTION.— 
"(1) IN GENERAL.—Except as provided in paragraph (2) 
of this subsection, a person shall not be liable, with respect 
to response costs at a facility on the National Priorities List, 
under paragraph (3) of subsection (a) for municipal solid waste 
disposed of at a facility if the person, except as provided in 
paragraph (5) of this subsection, can demonstrate that the 
person is— 
"(A) an owner, operator, or lessee of residential prop-
erty from which all of the person's municipal solid waste 
was generated with respect to the facility; 
"(B) a business entity (including a parent, subsidiary, 
or affiliate of the entity) that, during its 3 taxable years 
preceding the date of transmittal of written notification 
from the President of its potential liability under this sec-
tion, employed on average not more than 100 full-time 
individuals, or the equivalent thereof, and that is a small 
business concern (within the meaning of the Small Business 
Act (15 U.S.C. 631 et seq.)) from which was generated 
all of the municipal solid waste attributable to the entity 
with respect to the facility; or 
"(C) an organization described in section 501(c)(3) of 
the Internal Revenue Code of 1986 and exempt from tax 
under section 501(a) of such Code that, during its taxable 
year preceding the date of transmittal of written notifica-
tion from the President of its potential liability under this 
section, employed not more than 100 paid individuals at 
the location from which was generated all of the municipal 
115 STAT. 2358 
PUBLIC LAW 107-118-^AN. 11, 2002 
solid waste attributable to the organization with respect 
to the facility. 
For purposes of this subsection, the term 'affiliate' has the 
meaning of that term provided in the definition of 'small busi-
ness concern' in regulations promulgated by the Small Business 
Administration in accordance with the Small Business Act (15 
U.S.C. 631etseq.). 
"(2) EXCEPTION.—Paragraph (1) shall not apply in a case 
in which the President determines that— 
"(A) the municipal solid waste referred to in paragraph 
(1) has contributed significantly or could contribute signifi-
cantly, either individually or in the aggregate, to the cost 
of the response action or natural resource restoration with 
respect to the facility; 
"(B) the person has failed to comply with an informa-
tion request or administrative subpoena issued by the 
President under this Act; or 
"(C) the person has impeded or is impeding, through 
action or inaction, the performance of a response action 
or natural resource restoration with respect to the facility. 
"(3) No JUDICIAL REVIEW.—^A determination by the Presi-
dent under paragraph (2) shall not be subject to judicial review. 
"(4) DEFINITION OF MUNICIPAL SOLID WASTE.— 
"(A) IN GENERAL.—For purposes of this subsection, the 
term 'municipal solid waste' means waste material— 
"(i) generated by a household (including a single 
or multifamily residence); and 
"(ii) generated by a commercial, industrial, or 
institutional entity, to the extent that the waste 
material— 
"(I) is essentially the same as waste normally 
generated by a household; 
"(II) is collected and disposed of with other 
municipal solid waste as part of normal municipal 
solid waste collection services; and 
"(III) contains a relative quantity of hazardous 
substances no greater than the relative quantity 
of hazardous substances contained in waste mate-
rial generated by a t3T)ical single-family household. 
"(B) EXAMPLES.—Examples of municipal solid waste 
under subparagraph (A) include food and yard waste, 
paper, clothing, appliances, consumer product packaging, 
disposable diapers, office supplies, cosmetics, glass and 
metal food containers, elementary or secondary school 
science laboratory waste, and household hazardous waste. 
"(C) EXCLUSIONS.—The term 'municipal solid waste' 
does not include— 
"(i) combustion ash generated by resource recovery 
facilities or municipal incinerators; or 
"(ii) waste material from manufacturing or proc-
essing operations (including pollution control oper-
ations) that is not essentially the same as waste nor-
mally generated by households. 
"(5) BURDEN OF PROOF.—In the case of an action, with 
respect to response costs at a facility on the National Priorities 
List, brought under section 107 or 113 by— 
PUBLIC LAW 107-118-JAN. 11, 2002 
115 STAT. 2359 
"(A) a party, other than a Federal, State, or local 
government, with respect to municipal solid waste disposed 
of on or after April 1, 2001; or 
"(B) any party with respect to municipal solid waste 
disposed of before April 1, 2001, the burden of proof shall 
be on the party bringing the action to demonstrate that 
the conditions described in paragraphs (1) and (4) for 
exemption for entities and organizations described in para-
graph (1)(B) and (C) are not met. 
"(6) CERTAIN ACTIONS NOT PERMITTED.—No contribution 
action may be brought by a party, other than a Federal, State, 
or local government, under this Act with respect to cir-
cumstances described in paragraph (1)(A). 
"(7) COSTS AND FEES.—^A nongovernmental entity that com-
mences, after the date of the enactment of this subsection, 
a contribution action under this Act shall be liable to the 
defendant for all reasonable costs of defending the action, 
including all reasonable attorney's fees and expert witness fees, 
if the defendant is not liable for contribution based on an 
exemption under this subsection or subsection (o).". 
(b) EXPEDITED SETTLEMENT.—Section 122(g) of such Act (42 
U.S.C. 9622(g)) is amended by adding at the end the following 
new paragraphs: 
"(7) REDUCTION IN SETTLEMENT AMOUNT BASED ON LIMITED 
ABILITY TO PAY.— 
"(A) IN GENERAL.—^The condition for settlement under 
this paragraph is that the potentially responsible party 
is a person who demonstrates to the President an inability 
or a limited ability to pay response costs. 
"(B) CONSIDERATIONS.—In determining whether or not 
a demonstration is made under subparagraph (A) by a 
person, the President shall take into consideration the 
ability of the person to pay response costs and still maintain 
its basic business operations, including consideration of 
the overall financial condition of the person and demon-
strable constraints on the ability of the person to raise 
revenues. 
"(C) INFORMATION.—^A person requesting settlement 
under this paragraph shall promptly provide the President 
with all relevant information needed to determine the 
ability of the person to pay response costs. 
"(D) ALTERNATIVE PAYMENT METHODS.—If the Presi-
dent determines that a person is unable to pay its total 
settlement amount at the time of settlement, the President 
shall consider such alternative payment methods as may 
be necessary or appropriate. 
"(8) 
ADDITIONAL 
CONDITIONS 
FOR 
EXPEDITED SETTLE-
MENTS.— 
"(A) WAIVER OF CLAIMS.—The President shall require, 
as a condition for settlement under this subsection, that 
a potentially responsible party waive all of the claims 
(including a claim for contribution under this Act) that 
the party may have against other potentially responsible 
parties for response costs incurred with respect to the 
facility, unless the President determines that requiring 
a waiver would be unjust. 
President. 
President. 
President. 
115 STAT. 2360 
PUBLIC LAW 107-118-^AN. 11, 2002 
President. 
President. 
President. 
42 use 9607 
note. 
"(B) FAILURE TO COMPLY.—The President may decline 
to offer a settlement to a potentially responsible party 
under this subsection if the President determines that the 
potentially responsible party has failed to comply with 
any request for access or information or an administrative 
subpoena issued by the President under this Act or has 
impeded or is impeding, through action or inaction, the 
performance of a response action with respect to the facility. 
"(C) RESPONSIBILITY TO PROVIDE INFORMATION AND 
ACCESS.—^A potentially responsible party that enters into 
a settlement under this subsection shall not be relieved 
of the responsibility to provide any information or access 
requested in accordance with subsection (e)(3)(B) or section 
104(e). 
"(9) BASIS OF DETERMINATION.—If the President determines 
that a potentially responsible party is not eligible for settlement 
under this subsection, the President shall provide the reasons 
for the determination in writing to the potentially responsible 
party that requested a settlement under this subsection. 
"(10) NOTIFICATION.—^As soon as practicable after receipt 
of sufficient information to make a determination, the President 
shall notify any person that the President determines is eligible 
under paragraph (1) of the person's eligibility for an expedited 
settlement. 
"(11) No JUDICIAL REVIEW.—^A determination by the Presi-
dent under paragraph (7), (8), (9), or (10) shall not be subject 
to judicial review. 
"(12) NOTICE OF SETTLEMENT.—^After a settlement under 
this subsection becomes final with respect to a facility, the 
President shall promptly notify potentially responsible parties 
at the facility that have not resolved their liability to the 
United States of the settlement.". 
SEC. 103. EFFECT ON CONCLUDED ACTIONS. 
The amendments made by this title shall not apply to or 
in any way affect any settlement lodged in, or judgment issued 
by, a United States District Court, or any administrative settlement 
or order entered into or issued by the United States or any State, 
before the date of the enactment of this Act. 
Brownfields 
Revitalization 
and 
Environmental 
Restoration Act 
of 2001. 
42 use 9601 
note. 
TITLE II—BROWNFIELDS REVITALIZA-
TION AND ENVIRONMENTAL RES-
TORATION 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Brownfields Revitalization and 
Environmental Restoration Act of 2001". 
Subtitle A—^Brownfields Revitalization 
Funding 
SEC. 211, BROWNFIELDS REVITALIZATION FUNDING. 
(a) DEFINITION OF BROWNFIELD SITE.—Section 101 of the Com-
prehensive Environmental Response, Compensation, and Liability 
PUBLIC LAW 107-118-^AN. 11, 2002 
115 STAT. 2361 
Act of 1980 (42 U.S.C. 9601) is amended by adding at the end 
the following: 
"(39) BROWNFIELD SITE.— 
"(A) IN GENERAL.—The term 'brownfield site' means 
real property, the expansion, redevelopment, or reuse of 
which may be complicated by the presence or potential 
presence of a hazardous substance, pollutant, or contami-
nant. 
"(B) EXCLUSIONS.—The term 'brownfield site' does not 
include— 
"(i) a facility that is the subject of a planned or 
ongoing removal action under this title; 
"(ii) a facility that is listed on the National Prior-
ities List or is proposed for listing; 
"(iii) a facility that is the subject of a unilateral 
administrative order, a court order, an administrative 
order on consent or judicial consent decree that has 
been issued to or entered into by the parties under 
this Act; 
"(iv) a facility that is the subject of a unilateral 
administrative order, a court order, an administrative 
order on consent or judicial consent decree that has 
been issued to or entered into by the parties, or a 
facility to which a permit has been issued by the United 
States or an authorized State under the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), the Federal 
Water Pollution Control Act (33 U.S.C. 1321), the Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.), or 
the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
"(v) a facility that— 
"(I) is subject to corrective action under section 
3004(u) or 3008(h) of the Solid Waste Disposal 
Act (42 U.S.C. 6924(u), 6928(h)); and 
"(II) to which a corrective action permit or 
order has been issued or modified to require the 
implementation of corrective measures; 
"(vi) a land disposal unit with respect to which— 
"(I) a closure notification under subtitle C of 
the Solid Waste Disposal Act (42 U.S.C. 6921 et 
seq.) has been submitted; and 
"(II) closure requirements have been specified 
in a closure plan or permit; 
"(vii) a facility that is subject to the jurisdiction, 
custody, or control of a department, agency, or 
instrumentality of the United States, except for land 
held in trust by the United States for an Indian tribe; 
"(viii) a portion of a facility— 
"(I) at which there has been a release of poly-
chlorinated biphenyls; and 
"(II) that is subject to remediation under the 
Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.); or 
"(ix) a portion of a facility, for which portion, assist-
ance for response activity has been obtained under 
subtitle I of the Solid Waste Disposal Act (42 U.S.C. 
6991 et seq.) from the Leaking Underground Storage 
115 STAT. 2362 
PUBLIC LAW 107-118—JAN. 11, 2002 
Tank Trust Fund established under section 9508 of 
the Internal Revenue Code of 1986. 
"(C) SiTE-BY-siTE DETERMINATIONS.—Notwithstanding 
subparagraph (B) and on a site-by-site basis, the President 
may authorize financial assistance under section 104(k) 
to an eligible entity at a site included in clause (i), (iv), 
(v), (vi), (viii), or (ix) of subparagraph (B) if the President 
finds that financial assistance will protect human health 
and the environment, and either promote economic develop-
ment or enable the creation of, preservation of, or addition 
to parks, greenways, undeveloped property, other rec-
reational property, or other property used for nonprofit 
purposes. 
"(D) ADDITIONAL AREAS.—For the purposes of section 
104(k), the term 'brownfield site' includes a site that— 
"(i) meets the definition of 'brownfield site' under 
subparagraphs (A) through (C); and 
"(ii)(I) is contaminated by a controlled substance 
(as defined in section 102 of the Controlled Substances 
Act(21U.S.C. 802)); 
"(II)(aa) is contaminated by petroleum or a petro-
leum product excluded from the definition of 'hazardous 
substance' under section 101; and 
"(bb) is a site determined by the Administrator 
or the State, as appropriate, to be— 
"(AA) of relatively low risk, as compared with 
other petroleum-only sites in the State; and 
"(BB) a site for which there is no viable respon-
sible party and which will be assessed, inves-
tigated, or cleaned up by a person that is not 
potentially liable for cleaning up the site; and 
"(cc) is not subject to any order issued under sec-
tion 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 
6991b(h)); or 
"(III) is mine-scarred land.", 
(b) BROWNFIELDS REVITALIZATION FUNDING.—Section 104 of the 
Comprehensive 
Environmental 
Response, 
Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604) is amended by adding at 
the end the following: 
"(k) BROWNFIELDS REVITALIZATION FUNDING.— 
"(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, 
the term 'eligible entity' means— 
"(A) a general purpose unit of local government; 
"(B) a land clearance authority or other quasi-govern-
mental entity that operates under the supervision and 
control of or as an agent of a general purpose unit of 
local government; 
"(C) a government entity created by a State legislature; 
"(D) a regional council or group of general purpose 
units of local government; 
"(E) a redevelopment agency that is chartered or other-
wise sanctioned by a State; 
"(F) a State; 
"(G) an Indian Tribe other than in Alaska; or 
"(H) an Alaska Native Regional Corporation and an 
Alaska Native Village Corporation as those terms are 
defined in the Alaska Native Claims Settlement Act (43 
PUBLIC LAW 107-118-JAN. 11, 2002 
115 STAT. 2363 
U.S.C. 1601 and following) and the Metlakatla Indian 
community. 
"(2) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT 
GRANT PROGRAM.— 
"(A) ESTABLISHMENT OF PROGRAM.—The Administrator 
Grants. 
shall establish a program to— 
"(i) provide grants to inventory, characterize, 
assess, and conduct planning related to brownfield sites 
under subparagraph (B); and 
"(ii) 
perform 
targeted 
site 
assessments 
at 
brownfield sites. 
"(B) ASSISTANCE FOR SITE 
CHARACTERIZATION AND 
ASSESSMENT.— 
"(i) IN GENERAL.—On approval of an application 
made by an eligible entity, the Administrator may 
make a grant to the eligible entity to be used for 
programs to inventory, characterize, assess, and con-
duct planning related to one or more brownfield sites, 
"(ii) SITE CHARACTERIZATION AND ASSESSMENT.— 
A site characterization and assessment carried out with 
the use of a grant under clause (i) shall be performed 
in accordance with section 101(35)(B). 
"(3) GRANTS AND LOANS FOR BROWNFIELD REMEDIATION.— 
"(A) GRANTS PROVIDED BY THE PRESIDENT.—Subject to 
paragraphs (4) and (5), the President shall establish a 
program to provide grants to— 
"(i) eligible entities, to be used for capitalization 
of revolving loan funds; and 
"(ii) eligible entities or nonprofit organizations, 
where warranted, as determined by the President 
based on considerations under subparagraph (C), to 
be used directly for remediation of one or more 
brownfield sites owned by the entity or organization 
that receives the grant and in amounts not to exceed 
$200,000 for each site to be remediated. 
"(B) LOANS AND GRANTS PROVIDED BY ELIGIBLE ENTI-
TIES.—^An eligible entity that receives a grant under 
subparagraph (A)(i) shall use the grant funds to provide 
assistance for the remediation of brownfield sites in the 
form of— 
"(i) one or more loans to an eligible entity, a site 
owner, a site developer, or another person; or 
"(ii) one or more grants to an eligible entity or 
other nonprofit organization, where warranted, as 
determined by the eligible entity that is providing the 
assistance, based on considerations under subpara-
graph (C), to remediate sites owned by the eligible 
entity or nonprofit organization that receives the grant. 
"(C) CONSIDERATIONS.—In determining whether a President, 
grant under subparagraph (A)(ii) or (B)(ii) is warranted, 
the President or the eligible entity, as the case may be, 
shall take into consideration— 
"(i) the extent to which a grant will facilitate the 
creation of, preservation of, or addition to a park, a 
greenway, undeveloped property, recreational property, 
or other property used for nonprofit purposes; 
89-194 O - 03 -10 QL 3 Part 3 
115 STAT. 2364 
PUBLIC LAW 107-118-^AN. 11, 2002 
"(ii) the extent to which a grant will meet the 
needs of a community that has an inability to draw 
on other sources of funding for environmental remedi-
ation and subsequent redevelopment of the area in 
which a brownfield site is located because of the small 
population or low income of the community; 
"(iii) the extent to which a grant will facilitate 
the use or reuse of existing infrastructure; 
"(iv) the benefit of promoting the long-term avail-
ability of funds from a revolving loan fund for 
brownfield remediation; and 
"(v) such other similar factors as the Administrator 
considers appropriate to consider for the purposes of 
this subsection. 
"(D) TRANSITION.—Revolving loan funds that have been 
established before the date of the enactment of this sub-
section may be used in accordance with this paragraph. 
"(4) GENERAL PROVISIONS.— 
"(A) MAXIMUM GRANT AMOUNT.— 
"(i) 
BROWNFIELD 
SITE 
CHARACTERIZATION AND 
ASSESSMENT.— 
"(I) IN GENERAL.—^A grant under paragraph 
(2) may be awarded to an eligible entity on a 
community-wide or site-by-site basis, and shall not 
exceed, for any individual brownfield site covered 
by the grant, $200,000. 
"(II) WAIVER.—The Administrator may waive 
the $200,000 limitation under subclause (I) to 
permit the brownfield site to receive a grant of 
not to exceed $350,000, based on the anticipated 
level of contamination, size, or status of ownership 
of the site. 
"(ii) BROWNFIELD REMEDIATION.—^A grant under 
paragraph (3)(A)(i) may be awarded to an eligible entity 
on a community-wide or site-by-site basis, not to exceed 
$1,000,000 per eligible entity. The Administrator may 
make an additional grant to an eligible entity described 
in the previous sentence for any year after the year 
for which the initial grant is made, taking into 
consideration— 
"(I) the number of sites and number of commu-
nities that are addressed by the revolving loan 
fund; 
"(II) the demand for funding by eligible enti-
ties that have not previously received a grant 
under this subsection; 
"(III) the demonstrated ability of the eligible 
entity to use the revolving loan fund to enhance 
remediation and provide funds on a continuing 
basis; and 
"(IV) such 
other 
similar 
factors 
as 
the 
Administrator considers appropriate to carry out 
this subsection. 
"(B) PROHIBITION.— 
"(i) IN GENERAL.—No part of a grant or loan under 
this subsection may be used for the payment of— 
"(I) a penalty or fine; 
PUBLIC LAW 107-118^JAN. 11, 2002 
115 STAT. 2365 
"(II) a Federal cost-share requirement; 
"(III) an administrative cost; 
"(IV) a response cost at a brownfield site for 
which the recipient of the grant or loan is poten-
tially liable under section 107; or 
"(V) a cost of compliance with any Federal 
law (including a Federal law specified in section 
101(39)(B)), excluding the cost of compliance with 
laws applicable to the cleanup. 
"(ii) EXCLUSIONS.—For the purposes of clause 
(i)(III), the term 'administrative cost' does not include 
the cost of— 
"(I) investigation and identification of the 
extent of contamination; 
"(II) design and performance of a response 
action; or 
"(III) monitoring of a natural resource. 
"(C) ASSISTANCE FOR DEVELOPMENT OF LOCAL GOVERN-
MENT SITE REMEDIATION PROGRAMS.—^A local government 
that receives a grant under this subsection may use not 
to exceed 10 percent of the grant funds to develop and 
implement a brownfields program that may include— 
"(i) monitoring the health of populations exposed 
to one or more hazardous substances from a brownfield 
site; and 
"(ii) monitoring and enforcement of any institu-
tional control used to prevent human exposure to any 
hazardous substance from a brownfield site. 
"(D) INSURANCE.—^A recipient of a grant or loan 
awarded under paragraph (2) or (3) that performs a 
characterization, 
assessment, 
or 
remediation 
of 
a 
brownfield site may use a portion of the grant or loan 
to purchase insurance for the characterization, assessment, 
or remediation of that site. 
"(5) GRANT APPLICATIONS.— 
"(A) SUBMISSION.— 
"(i) IN GENERAL.— 
"(I) AppLlCATiON.^An eligible entity may 
submit to the Administrator, through a regional 
office of the Environmental Protection Agency and 
in such form as the Administrator may require, 
an application for a grant under this subsection 
for one or more brownfield sites (including informa-
tion on the criteria used by the Administrator 
to rank applications under subparagraph (C), to 
the extent that the information is available). 
"(II) NCP REQUIREMENTS.—The Administrator 
may include in any requirement for submission 
of an application under subclause (I) a requirement 
of the National Contingency Plan only to the extent 
that the requirement is relevant and appropriate 
to the program under this subsection. 
"(ii) 
COORDINATION.—The 
Administrator 
shall 
coordinate with other Federal agencies to assist in 
making eligible entities aware of other available Fed-
eral resources. 
115 STAT. 2366 
Publication. 
Grants. 
PUBLIC LAW 107-118—JAN. 11, 2002 
"(iii) GUIDANCE.—The Administrator shall publish 
guidance to assist eligible entities in applying for 
grants under this subsection. 
"(B) APPROVAL.—The Administrator shall— 
"(i) at least annually, complete a review of applica-
tions for grants that are received from eligible entities 
under this subsection; and 
"(ii) award grants under this subsection to eligible 
entities that the Administrator determines have the 
highest rankings under the ranking criteria established 
under subparagraph (C). 
"(C) 
RANKING 
CRITERIA.—The Administrator 
shall 
establish a system for ranking grant applications received 
under this paragraph that includes the following criteria: 
"(i) The extent to which a grant will stimulate 
the availability of other funds for environmental 
assessment or remediation, and subsequent reuse, of 
an area in which one or more brownfield sites are 
located. 
"(ii) The potential of the proposed project or the 
development plan for an area in which one or more 
brownfield sites are located to stimulate economic 
development of the area on completion of the cleanup. 
"(iii) The extent to which a grant would address 
or facilitate the identification and reduction of threats 
to human health and the environment, including 
threats in areas in which there is a greater-than-
normal incidence of diseases or conditions (including 
cancer, asthma, or birth defects) that may be associated 
with exposure to hazardous substances, pollutants, or 
contEiminants. 
"(iv) The extent to which a grant would facilitate 
the use or reuse of existing infrastructure. 
"(v) The extent to which a grant would facilitate 
the creation of, preservation of, or addition to a park, 
a greenway, undeveloped property, recreational prop-
erty, or other property used for nonprofit purposes. 
"(vi) The extent to which a grant would meet the 
needs of a community that has an inability to draw 
on other sources of funding for environmental remedi-
ation and subsequent redevelopment of the area in 
which a brownfield site is located because of the small 
population or low income of the community. 
"(vii) The extent to which the applicant is eligible 
for funding from other sources. 
"(viii) The extent to which a grant will further 
the fair distribution of funding between urban and 
nonurban areas. 
"(ix) The extent to which the grant provides for 
involvement of the local community in the process of 
making decisions relating to cleanup and future use 
of a brownfield site. 
"(x) The extent to which a grant would address 
or facilitate the identification and reduction of threats 
to the health or welfare of children, pregnant women, 
minority or low-income communities, or other sensitive 
populations. 
PUBLIC LAW 107-118—JAN. 11, 2002 
115 STAT. 2367 
"(6) IMPLEMENTATION OF BROWNFIELDS PROGRAMS.— 
"(A) ESTABLISHMENT OF PROGRAM.—The Administrator 
may provide, or fund eligible entities or nonprofit organiza-
tions to provide, training, research, and technical assistance 
to individuals and organizations, as appropriate, to facili-
tate the inventory of brownfield sites, site assessments, 
remediation of brownfield sites, community involvement, 
or site preparation. 
"(B) FUNDING RESTRICTIONS.—The total Federal funds 
to be expended by the Administrator under this paragraph 
shall not exceed 15 percent of the total amount appro-
priated to carry out this subsection in any fiscal year. 
"(7) AUDITS.— 
"(A) IN GENERAL.—The Inspector General of the 
Environmental Protection Agency shall conduct 
such 
reviews or audits of grants and loans under this subsection 
as the Inspector General considers necessary to carry out 
this subsection. 
"(B) PROCEDURE.—^An audit under this subparagraph 
shall be conducted in accordance with the auditing proce-
dures of the General Accounting Office, including chapter 
75 of title 31, United States Code. 
"(C) VIOLATIONS.—If the Administrator determines 
that a person that receives a grant or loan under this 
subsection has violated or is in violation of a condition 
of the grant, loan, or applicable Federal law, the Adminis-
trator may— 
"(i) terminate the grant or loan; 
"(ii) require the person to repay any funds received; 
and 
"(iii) seek any other legal remedies available to 
the Administrator. 
"(D) REPORT TO CONGRESS.—Not later than 3 years DeadUne. 
aft;er the date of the enactment of this subsection, the 
Inspector General of the Environmental Protection Agency 
shall submit to Congress a report that provides a descrip-
tion of the management of the program (including a descrip-
tion of the allocation of funds under this subsection). 
"(8) LEVERAGING.—^An eligible entity that receives a grant 
under this subsection may use the grant funds for a portion 
of a project at a brownfield site for which funding is received 
from other sources if the grant funds are used only for the 
purposes described in paragraph (2) or (3). 
"(9) AGREEMENTS.—Each grant or loan made under this 
subsection shall— 
"(A) include a requirement of the National Contingency 
Plan only to the extent that the requirement is relevant 
and appropriate to the program under this subsection, as 
determined by the Administrator; and 
"(B) be subject to an agreement that— 
"(i) requires the recipient to— 
"(I) comply with all applicable Federal and 
State laws; and 
"(II) ensure that the cleanup protects human 
health and the environment; 
115 STAT. 2368 
PUBLIC LAW 107-118^JAN. 11, 2002 
"(ii) requires that the recipient use the grant or 
loan exclusively for purposes specified in paragraph 
(2) or (3), as applicable; 
"(iii) in the case of an application by an eligible 
entity under paragraph (3)(A), requires the eligible 
entity to pay a matching share (which may be in the 
form of a contribution of labor, material, or services) 
of at least 20 percent, from non-Federal sources of 
funding, unless the Administrator determines that the 
matching share would place an undue hardship on 
the eligible entity; and 
"(iv) contains such other terms and conditions as 
the Administrator determines to be necessary to carry 
out this subsection. 
"(10) FACILITY OTHER THAN BROWNFIELD SITE.—The fact 
that a facility may not be a brownfield site within the meaning 
of section 101(39)(A) has no effect on the eligibility of the 
facility for assistance under any other provision of Federal 
law. 
"(11) EFFECT ON FEDERAL LAWS.—Nothing in this sub-
section affects any liability or response authority under any 
Federal law, including— 
"(A) this Act (including the last sentence of section 
101(14)); 
"(B) the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.); 
"(C) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
"(D) the Toxic Substances Control Act (15 U.S.C. 2601 
et seq.); and 
"(E) the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.). 
"(12) FUNDING.— 
"(A) 
AUTHORIZATION OF APPROPRIATIONS.—There 
is 
authorized to be appropriated to carry out this subsection 
$200,000,000 for each of fiscal years 2002 through 2006. 
"(B) USE OF CERTAIN FUNDS.—Of the amount made 
available under subparagraph (A), $50,000,000, or, if the 
amount made available is less than $200,000,000, 25 per-
cent of the amount made available, shall be used for site 
characterization, assessment, and remediation of facilities 
described in section 101(39)(D)(ii)(II).". 
Subtitle B—Brownfields Liability 
Clarifications 
SEC. 221. CONTIGUOUS PROPERTIES. 
Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is 
amended by adding at the end the following: 
"(q) CONTIGUOUS PROPERTIES.— 
"(1) NOT CONSIDERED TO BE AN OWNER OR OPERATOR.— 
"(A) IN GENERAL.—A person that owns real property 
that is contiguous to or otherwise similarly situated with 
respect to, and that is or may be contaminated by a release 
or threatened release of a hazardous substance from, real 
PUBLIC LAW 107-118-^AN. 11, 2002 
115 STAT. 2369 
property that is not owned by that person shall not be 
considered to be an owner or operator of a vessel or facility 
under paragraph (1) or (2) of subsection (a) solely by reason 
of the contamination if— 
"(i) the person did not cause, contribute, or consent 
to the release or threatened release; 
"(ii) the person is not— 
"(I) potentially liable, or affiliated with any 
other person that is potentially liable, for response 
costs at a facility through any direct or indirect 
familial relationship or any contractual, corporate, 
or financial relationship (other than a contractual, 
corporate, or financial relationship that is created 
by a contract for the sale of goods or services); 
or 
"(II) the result of a reorganization of a busi-
ness entity that was potentially liable; 
"(iii) the person takes reasonable steps to— 
"(I) stop any continuing release; 
"(II) prevent any threatened future release; 
and 
"(III) prevent or limit human, environmental, 
or natural resource exposure to any hazardous 
substance released on or from property owned by 
that person; 
"(iv) the person provides full cooperation, assist-
ance, and access to persons that are authorized to 
conduct response actions or natural resource restora-
tion at the vessel or facility from which there has 
been a release or threatened release (including the 
cooperation and access necessary for the installation, 
integrity, operation, and maintenance of any complete 
or partial response action or natural resource restora-
tion at the vessel or facility); 
"(v) the person— 
"(I) is in compliance with any land use restric-
tions established or relied on in connection with 
the response action at the facility; and 
"(II) does not impede the effectiveness or integ-
rity of any institutional control employed in 
connection with a response action; 
"(vi) the person is in compliance with any request 
for information or administrative subpoena issued by 
the President under this Act; 
"(vii) the person provides all legally required 
notices with respect to the discovery or release of any 
hazardous substances at the facility; and 
"(viii) at the time at which the person acquired 
the property, the person— 
"(I) conducted all appropriate inquiry within 
the meaning of section 101(35)(B) with respect to 
the property; and 
"(II) did not know or have reason to know 
that the property was or could be contaminated 
by a release or threatened release of one or more 
hazardous substances from other real property not 
owned or operated by the person. 
115 STAT. 2370 
PUBLIC LAW 107-118^JAN. 11, 2002 
"(B) 
DEMONSTRATION.—To 
qualify 
as a 
person 
described in subparagraph (A), a person must establish 
by a preponderance of the evidence that the conditions 
in clauses (i) through (viii) of subparagraph (A) have been 
met. 
"(C) BONA FIDE PROSPECTIVE PURCHASER.—Any person 
that does not qualify as a person described in this para-
graph because the person had, or had reason to have, 
knowledge specified in subparagraph (A)(viii) at the time 
of acquisition of the real property may qualify as a bona 
fide prospective purchaser under section 101(40) if the per-
son is otherwise described in that section. 
"(D) GROUND WATER.—^With respect to a hazardous 
substance from one or more sources that are not on the 
property of a person that is a contiguous property owner 
that enters ground water beneath the property of the per-
son solely as a result of subsurface migration in an aquifer, 
subparagraph (A)(iii) shall not require the person to con-
duct ground water investigations or to install ground water 
remediation systems, except in accordance with the policy 
of the Environmental Protection Agency concerning owners 
of property containing contaminated aquifers, dated May 
24, 1995. 
"(2) EFFECT OF LAW.—^With respect to a person described 
in this subsection, nothing in this subsection— 
"(A) limits any defense to liability that may be avail-
able to the person under any other provision of law; or 
"(B) imposes liability on the person that is not other-
wise imposed by subsection (a). 
"(3) ASSURANCES.—The Administrator may— 
"(A) issue an assurance that no enforcement action 
under this Act will be initiated against a person described 
in paragraph (1); and 
"(B) grant a person described in paragraph (1) protec-
tion against a cost recovery or contribution action under 
section 113(f).". 
SEC. 222. PROSPECTIVE PURCHASERS AND WINDFALL LIENS. 
(a) DEFINITION OF BONA FIDE PROSPECTIVE PURCHASER.—Sec-
tion 101 of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by 
section 211(a) of this Act) is amended by adding at the end the 
following: 
"(40) BONA FIDE PROSPECTIVE PURCHASER.—The term 'bona 
fide prospective purchaser' means a person (or a tenant of 
a person) that acquires ownership of a facility after the date 
of the enactment of this paragraph and that establishes each 
of the following by a preponderance of the evidence: 
"(A) DISPOSAL PRIOR TO ACQUISITION.—^All disposal of 
hazardous substances at the facility occurred before the 
person acquired the facility. 
"(B) INQUIRIES.— 
"(i) IN GENERAL.—The person made all appropriate 
inquiries into the previous ownership and uses of the 
facility in accordance with generally accepted good 
commercial and customary standards and practices in 
accordance with clauses (ii) and (iii). 
PUBLIC LAW 107-118-^AN. 11, 2002 
115 STAT. 2371 
"(ii) STANDARDS AND PRACTICES.—The standards 
and practices referred to in clauses (ii) and (iv) of 
paragraph (35)(B) shall be considered to satisfy the 
requirements of this subparagraph. 
"(iii) RESIDENTIAL USE.—In the case of property 
in residential or other similar use at the time of pur-
chase by a nongovernmental or noncommercial entity, 
a facility inspection and title search that reveal no 
basis for further investigation shall be considered to 
satisfy the requirements of this subparagraph. 
"(C) NOTICES.—The person provides all legally required 
notices with respect to the discovery or release of any 
hazardous substances at the facility. 
"(D) CARE.—The person exercises appropriate care with 
respect to hazardous substances found at the facility by 
taking reasonable steps to— 
"(i) stop any continuing release; 
"(ii) prevent any threatened future release; and 
"(iii) prevent or limit human, environmental, or 
natural resource exposure to any previously released 
hazardous substance. 
"(E) COOPERATION, ASSISTANCE, AND ACCESS.—^The per-
son provides full cooperation, assistance, and access to 
persons that are authorized to conduct response actions 
or natural resource restoration at a vessel or facility 
(including the cooperation and access necessary for the 
installation, integrity, operation, and maintenance of any 
complete or partial response actions or natural resource 
restoration at the vessel or facility). 
"(F) INSTITUTIONAL CONTROL.—The person— 
"(i) is in compliance with any land use restrictions 
established or relied on in connection with the response 
action at a vessel or facility; and 
"(ii) does not impede the effectiveness or integrity 
of any institutional control employed at the vessel or 
facility in connection with a response action. 
"(G) REQUESTS; SUBPOENAS.—The person complies with 
any request for information or administrative subpoena 
issued by the President under this Act. 
"(H) No AFFILLVTION.—The person is not— 
"(i) potentially liable, or affiliated with any other 
person that is potentially liable, for response costs 
at a facility through— 
"(I) any direct or indirect familial relationship; 
or 
"(II) any contractual, corporate, or financial 
relationship (other than a contractual, corporate, 
or financial relationship that is created by the 
instruments by which title to the facility is con-
veyed or financed or by a contract for the sale 
of goods or services); or 
"(ii) the result of a reorganization of a business 
entity that was potentially liable.". 
(b) PROSPECTIVE PURCHASER AND WINDFALL LIEN.—Section 107 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9607) (as amended by this Act) 
is further amended by adding at the end the following: 
115 STAT. 2372 
PUBLIC LAW 107-118^JAN. 11, 2002 
"(r) PROSPECTIVE PURCHASER AND WINDFALL LIEN.— 
"(1) LIMITATION ON LLVBILITY.—Notwithstanding subsection 
(a)(1), a bona fide prospective purchaser whose potential 
Habihty for a release or threatened release is based solely 
on the purchaser's being considered to be an owner or operator 
of a facility shall not be liable as long as the bona fide prospec-
tive purchaser does not impede the performance of a response 
action or natural resource restoration. 
"(2) LIEN.—If there are unrecovered response costs incurred 
by the United States at a facility for which an owner of the 
facility is not liable by reason of paragraph (1), and if each 
of the conditions described in paragraph (3) is met, the United 
States shall have a lien on the facility, or may by agreement 
with the owner, obtain from the owner a lien on any other 
property or other assurance of payment satisfactory to the 
Administrator, for the unrecovered response costs. 
"(3) CONDITIONS.—The conditions referred to in paragraph 
(2) are the following: 
"(A) RESPONSE ACTION.—^A response action for which 
there are unrecovered costs of the United States is carried 
out at the facility. 
"(B) 
FAIR 
MARKET 
VALUE.—The 
response 
action 
increases the fair market value of the facility above the 
fair market value of the facility that existed before the 
response action was initiated. 
"(4) AMOUNT; DURATION.—^A hen under paragraph (2)— 
"(A) shall be in an amount not to exceed the increase 
in fair market value of the property attributable to the 
response action at the time of a sale or other disposition 
of the property; 
"(B) shall arise at the time at which costs are first 
incurred by the United States with respect to a response 
action at the facility; 
"(C) shall be subject to the requirements of subsection 
(1)(3); and 
"(D) shall continue until the earlier of— 
"(i) satisfaction of the lien by sale or other means; 
or 
"(ii) notwithstanding any statute of limitations 
under section 113, recovery of all response costs 
incurred at the facility.". 
SEC. 223. INNOCENT LANDOWNERS. 
Section 101(35) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) is 
amended— 
(1) in subparagraph (A)— 
(A) in the first sentence, in the matter preceding clause 
(i), by striking "deeds or" and inserting "deeds, easements, 
leases, or"; and 
(B) in the second sentence— 
(i) by striking "he" and inserting "the defendant"; 
and 
(ii) by striking the period at the end and inserting 
", provides full cooperation, assistance, and facility 
access to the persons that are authorized to conduct 
lowing: 
PUBLIC LAW 107-118^JAN. 11, 2002 
115 STAT. 2373 
response actions at the facility (including the coopera-
tion and access necessary for the installation, integrity, 
operation, and maintenance of any complete or partial 
response action at the facility), is in compliance with 
any land use restrictions established or relied on in 
connection with the response action at a facility, and 
does not impede the effectiveness or integrity of any 
institutional control employed at the facility in connec-
tion with a response action."; and 
(2) by striking subparagraph (B) and inserting the fol-
"(B) REASON TO KNOW.— 
"(i) ALL APPROPRL^TE INQUIRIES.—To establish that 
the defendant had no reason to know of the matter 
described in subparagraph (A)(i), the defendant must 
demonstrate to a court that— 
"(I) on or before the date on which the defend-
ant acquired the facility, the defendant carried 
out all appropriate inquiries, as provided in clauses 
(ii) and (iv), into the previous ownership and uses 
of the facility 
in accordance with 
generally 
accepted good commercial and customary stand-
ards and practices; and 
"(II) the defendant took reasonable steps to— 
"(aa) stop any continuing release; 
"(bb) 
prevent 
any 
threatened 
future 
release; and 
"(cc) prevent or limit any human, environ-
mental, or natural resource exposure to any 
previously released hazardous substance, 
"(ii) STANDARDS AND PRACTICES.—Not later than Deadline. 
2 years after the date of the enactment of the Regulations. 
Brownfields Revitalization and Environmental Restora-
tion Act of 2001, the Administrator shall by regulation 
establish standards and practices for the purpose of 
satisfying the requirement to carry out all appropriate 
inquiries under clause (i). 
"(iii) CRITERIA.—In promulgating regulations that 
establish the standards and practices referred to in 
clause (ii), the Administrator shall include each of the 
following: 
"(I) The results of an inquiry by an environ-
mental professional. 
"(II) Interviews with past and present owners, 
operators, and occupants of the facility for the 
purpose of gathering information regarding the 
potential for contamination at the facility. 
"(Ill) Reviews of historical sources, such as 
chain of title documents, aerial photographs, 
building department records, and land use records, 
to determine previous uses and occupancies of the 
real property since the property was first devel-
oped. 
"(IV) Searches for recorded environmental 
cleanup liens against the facility that are filed 
under Federal, State, or local law. 
115 STAT. 2374 
PUBLIC LAW 107-118-^AN. 11, 2002 
"(V) Reviews of Federal, State, and local 
government records, waste disposal records, under-
ground storage tank records, and hazardous waste 
handling, generation, treatment, disposal, and spill 
records, concerning contamination at or near the 
facility. 
"(VI) Visual inspections of the facility and of 
adjoining properties. 
"(VII) Specialized knowledge or experience on 
the part of the defendant. 
"(VIII) The relationship of the purchase price 
to the value of the property, if the property was 
not contaminated. 
"(IX) 
Commonly 
known 
or 
reasonably 
ascertainable information about the property. 
"(X) The degree of obviousness of the presence 
or likely presence of contamination at the property, 
and the ability to detect the contamination by 
appropriate investigation. 
"(iv) INTERIM STANDARDS AND PRACTICES.— 
"(I) 
PROPERTY PURCHASED BEFORE MAY 3I, 
Courts. 
1997.—^With respect to property purchased before 
May 31, 1997, in making a determination with 
respect to a defendant described in clause (i), a 
court shall take into account— 
"(aa) any specialized knowledge or experi-
ence on the part of the defendant; 
"(bb) the relationship of the purchase price 
to the value of the property, if the property 
was not contaminated; 
"(cc) commonly 
known 
or 
reasonably 
ascertainable information about the property; 
"(dd) the obviousness of the presence or 
likely presence of contamination at the prop-
erty; and 
"(ee) the ability of the defendant to detect 
the contamination by appropriate inspection. 
"(II) PROPERTY PURCHASED ON OR AFTER MAY 
31, 1997.—^With respect to property purchased on 
or after May 31, 1997, and until the Administrator 
promulgates the regulations described in clause 
(ii), the procedures of the American Society for 
Testing and Materials, including the document 
known as 'Standard E1527-97', entitled 'Standard 
Practice for Environmental Site Assessment: Phase 
1 Environmental Site Assessment Process', shall 
satisfy the requirements in clause (i). 
"(v) SITE INSPECTION AND TITLE SEARCH.—In 
the 
case of property for residential use or other similar 
use purchased by a nongovernmental or noncommercial 
entity, a facility inspection and title search that reveal 
no basis for further investigation shall be considered 
to satisfy the requirements of this subparagraph.". 
PUBLIC LAW 107-118-^AN. 11, 2002 
115 STAT. 2375 
Subtitle C—State Response Programs 
SEC. 231. STATE RESPONSE PROGRAMS. 
(a) DEFINITIONS.—Section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601) (as amended by this Act) is further amended by 
adding at the end the following: 
"(41) ELIGIBLE RESPONSE SITE.— 
"(A) IN GENERAL.—The term 'eligible response site' 
means a site that meets the definition of a brownfield 
site in subparagraphs (A) and (B) of paragraph (39), as 
modified by subparagraphs (B) and (C) of this paragraph. 
"(B) INCLUSIONS.—The term 'eHgible response site' 
includes— 
"(i) notwithstanding paragraph (39)(B)(ix), a por-
tion of a facility, for which portion assistance for 
response activity has been obtained under subtitle I 
of the Solid Waste Disposal Act (42 U.S.C. 6991 et 
seq.) from the Leaking Underground Storage Tank 
Trust Fund established under section 9508 of the 
Internal Revenue Code of 1986; or 
"(ii) a site for which, notwithstanding the exclu- President, 
sions provided in subparagraph (C) or paragraph 
(39)(B), the President determines, on a site-by-site 
basis and after consultation with the State, that limita-
tions on enforcement under section 128 at sites speci-
fied in clause (iv), (v), (vi) or (viii) of paragraph (39)(B) 
would be appropriate and will— 
"(I) protect human health and the environ-
ment; and 
"(II) promote economic development or facili-
tate the creation of, preservation of, or addition 
to a park, a greenway, undeveloped property, rec-
reational property, or other property used for non-
profit purposes. 
"(C) EXCLUSIONS.—The term 'eligible response site' 
does not include— 
"(i) a facility for which the President— 
"(I) conducts or has conducted a preliminary 
assessment or site inspection; and 
"(II) after consultation with the State, deter-
mines or has determined that the site obtains a 
preliminary score sufficient for possible listing on 
the National Priorities List, or that the site other-
wise qualifies for listing on the National Priorities 
List; unless the President has made a determina-
tion that no further Federal action will be taken; 
or 
"(ii) facilities that the President determines war-
rant particular consideration as identified by regula-
tion, such as sites posing a threat to a sole-source 
drinking water aquifer or a sensitive ecosystem.". 
(b) STATE RESPONSE PROGRAMS.—Title I of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) is amended by adding at the end the 
following: 
115 STAT. 2376 
PUBLIC LAW 107-118^TAN. 11, 2002 
42 use 9628. 
"SEC. 128. STATE RESPONSE PROGRAMS. 
"(a) ASSISTANCE TO STATES.— 
"(1) IN GENERAL.— 
"(A) STATES.—The Administrator may award a grant 
to a State or Indian tribe that— 
"(i) has a response program that includes each 
of the elements, or is taking reasonable steps to include 
each of the elements, listed in paragraph (2); or 
"(ii) is a party to a memorandum of agreement 
with the Administrator for voluntary response pro-
grams. 
"(B) USE OF GRANTS BY STATES.— 
"(i) IN GENERAL.—^A State or Indian tribe may 
use a grant under this subsection to establish or 
enhance the response program of the State or Indian 
tribe. 
"(ii) ADDITIONAL USES.—In addition to the uses 
under clause (i), a State or Indian tribe may use a 
grant under this subsection to— 
"(I) capitalize a revolving loan fund 
for 
brownfield remediation under section 104(k)(3); or 
"(II) purchase insurance or develop a risk 
sharing pool, an indemnity pool, or insurance 
mechanism to provide financing for response 
actions under a State response program. 
"(2) ELEMENTS.—The elements of a State or Indian tribe 
response program referred to in paragraph (l)(A)(i) are the 
following: 
"(A) Timely survey and inventory of brownfield sites 
in the State. 
"(B) Oversight and enforcement authorities or other 
mechanisms, and resources, that are adequate to ensure 
that— 
"(i) a response action will— 
"(I) protect human health and the environ-
ment; and 
"(II) 
be 
conducted 
in 
accordance 
with 
applicable Federal and State law; and 
"(ii) if the person conducting the response action 
fails to complete the necessary response activities, 
including operation and maintenance or long-term 
monitoring activities, the necessary response activities 
are completed. 
"(C) Mechanisms and resources to provide meaningful 
opportunities for public participation, including— 
"(i) public access to documents that the State, 
Indian tribe, or party conducting the cleanup is relying 
on or developing in making cleanup decisions or con-
ducting site activities; 
"(ii) prior notice and opportunity for comment on 
proposed cleanup plans and site activities; and 
"(iii) a mechanism by which— 
"(I) a person that is or may be affected by 
a release or threatened release of a hazardous 
substance, 
pollutant, 
or 
contaminant 
at 
a 
brownfield site located in the community in which 
PUBLIC LAW 107-118-^AN. 11, 2002 
115 STAT. 2377 
the person works or resides may request the con-
duct of a site assessment; and 
"(11) an appropriate State official shall con-
sider and appropriately respond to a request under 
subclause (I). 
"(D) Mechanisms for approval of a cleanup plan, and 
a requirement for verification by and certification or similar 
documentation from the State, an Indian tribe, or a licensed 
site professional to the person conducting a response action 
indicating that the response is complete. 
"(3) FUNDING.—^There is authorized to be appropriated to 
carry out this subsection $50,000,000 for each of fiscal years 
2002 through 2006. 
"(b) ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO STATE 
PROGRAM.— 
"(1) ENFORCEMENT.— 
"(A) IN GENERAL.— Except as provided in subparagraph 
(B) and subject to subparagraph (C), in the case of an 
eligible response site at which— 
"(i) there is a release or threatened release of 
a hazardous substance, pollutant, or contaminant; and 
"(ii) a person is conducting or has completed a 
response action regarding the specific release that is 
addressed by the response action that is in compliance 
with the State program that specifically governs 
response actions for the protection of public health 
and the environment, 
the President may not use authority under this Act to 
take an administrative or judicial enforcement action under 
section 106(a) or to take a judicial enforcement action to 
recover response costs under section 107(a) against the 
person regarding the specific release that is addressed by 
the response action. 
"(B) 
EXCEPTIONS.—The 
President 
may 
bring 
an 
administrative or judicial enforcement action under this 
Act during or after completion of a response action 
described in subparagraph (A) with respect to a release 
or threatened release at an eligible response site described 
in that subparagraph i
f
— 
"(i) the State requests that the President provide 
assistance in the performance of a response action; 
"(ii) the Administrator determines that contamina-
tion has migrated or will migrate across a State line, 
resulting in the need for further response action to 
protect human health or the environment, or the Presi-
dent determines that contamination has migrated or 
is likely to migrate onto property subject to the jurisdic-
tion, custody, or control of a department, agency, or 
instrumentality of the United States and may impact 
the authorized purposes of the Federal property; 
"(iii) after taking into consideration the response 
activities already taken, the Administrator determines 
that— 
"(I) a release or threatened release may 
present 
an 
imminent 
and 
substantial 
endangerment to public health or welfare or the 
environment; and 
115 STAT. 2378 
PUBLIC LAW 107-118^JAN. 11, 2002 
Applicability. 
Deadline. 
"(II) additional response actions are likely to 
be necessary to address, prevent, limit, or mitigate 
the release or threatened release; or 
"(iv) the Administrator, after consultation with the 
State, determines that information, that on the earlier 
of the date on which cleanup was approved or com-
pleted, was not known by the State, as recorded in 
documents prepared or relied on in selecting or con-
ducting the cleanup, has been discovered regarding 
the contamination or conditions at a facility such that 
the contamination or conditions at the facility present 
a threat requiring further remediation to protect public 
health or welfare or the environment. Consultation 
with the State shall not limit the ability of the 
Administrator to make this determination. 
"(C) PUBLIC RECORD.—The limitations on the authority 
of the President under subparagraph (A) apply only at 
sites in States that maintain, update not less than 
annually, and make available to the public a record of 
sites, by name and location, at which response actions 
have been completed in the previous year and are planned 
to be addressed under the State program that specifically 
governs response actions for the protection of public health 
and the environment in the upcoming year. The public 
record shall identify whether or not the site, on completion 
of the response action, will be suitable for unrestricted 
use and, if not, shall identify the institutional controls 
relied on in the remedy. Each State and tribe receiving 
financial assistance under subsection (a) shall maintain 
and make available to the public a record of sites as pro-
vided in this paragraph. 
"(D) E P A NOTIFICATION.— 
"(i) IN GENERAL.—In the case of an eligible 
response site at which there is a release or threatened 
release of a hazardous substance, pollutant, or contami-
nant and for which the Administrator intends to carry 
out an action that may be barred under subparagraph 
(A), the Administrator shall— 
"(I) notify the State of the action the Adminis-
trator intends to take; and 
"(II)(aa) wait 48 hours for a reply from the 
State under clause (ii); or 
"(bb) if the State fails to reply to the notifica-
tion or if the Administrator makes a determination 
under clause (iii), take immediate action under 
that clause. 
"(ii) STATE REPLY.—Not later than 48 hours after 
a State receives notice from the Administrator under 
clause (i), the State shall notify the Administrator i
f
— 
"(I) the release at the eligible response site 
is or has been subject to a cleanup conducted under 
a State program; and 
"(II) the State is planning to abate the release 
or threatened 
release, any actions that 
are 
planned. 
"(iii) IMMEDIATE FEDERAL ACTION.—The Adminis-
trator may take action immediately after giving 
PUBLIC LAW 107-118—JAN. 11, 2002 
115 STAT. 2379 
notification under clause (i) without waiting for a State 
reply under clause (ii) if the Administrator determines 
that one or more exceptions under subparagraph (B) 
are met. 
"(E) REPORT TO CONGRESS.—Not later than 90 days 
after the date of initiation of any enforcement action by 
the President under clause (ii), (iii), or (iv) of subparagraph 
(B), the President shall submit to Congress a report 
describing the basis for the enforcement action, including 
specific references to the facts demonstrating that enforce-
ment action is permitted under subparagraph (B). 
"(2) SAVINGS PROVISION.— 
"(A) COSTS INCURRED PRIOR TO LIMITATIONS.—Nothing 
in paragraph (1) precludes the President from seeking to 
recover costs incurred prior to the date of the enactment 
of this section or during a period in which the limitations 
of paragraph (1)(A) were not applicable. 
"(B) 
EFFECT ON AGREEMENTS BETWEEN STATES AND 
EPA.—Nothing in paragraph (1)— 
"(i) modifies or otherwise affects a memorandum 
of agreement, memorandum of understanding, or any 
similar agreement relating to this Act between a State 
agency or an Indian tribe and the Administrator that 
is in effect on or before the date of the enactment 
of this section (which agreement shall remain in effect, 
subject to the terms of the agreement); or 
"(ii) limits the discretionary authority of the Presi-
dent to enter into or modify an agreement with a 
State, an Indian tribe, or any other person relating 
to the implementation by the President of statutory 
authorities. 
"(3) EFFECTIVE DATE.—This subsection applies only to 
response actions conducted after February 15, 2001. 
"(c) EFFECT ON FEDERAL LAWS.—Nothing in this section affects 
any liability or response authority under any Federal law, 
including— 
"(1) this Act, except as provided in subsection (b); 
"(2) the Sohd Waste Disposal Act (42 U.S.C. 6901 et seq.); 
"(3) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
"(4) the Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.); and 
"(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).". 
SEC. 232. ADDITIONS TO NATIONAL PRIORITIES LIST. 
Section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is 
amended by adding at the end the following: 
"(h) NPL DEFERRAL.— 
"(1) 
DEFERRAL TO STATE VOLUNTARY CLEANUPS.—^At 
the 
request of a State and subject to paragraphs (2) and (3), the 
President generally shall defer final listing of an eligible 
response site on the National Priorities List if the President 
determines that— 
"(A) the State, or another party under an agreement 
with or order from the State, is conducting a response 
action at the eligible response site— 
Deadline. 
President. 
Applicability. 
President. 
115 STAT. 2380 
PUBLIC LAW 107-118-^AN. 11, 2002 
"(i) in compliance with a State program that 
specifically governs response actions for the protection 
of public health and the environment; and 
"(ii) that will provide long-term protection of 
human health and the environment; or 
"(B) the State is actively pursuing an agreement to 
perform a response action described in subparagraph (A) 
at the site with a person that the State has reason to 
believe is capable of conducting a response action that 
meets the requirements of subparagraph (A). 
"(2) PROGRESS TOWARD CLEANUP.—If, after the last day 
of the 1-year period beginning on the date on which the Presi-
dent proposes to list an eligible response site on the National 
Priorities List, the President determines that the State or other 
party is not making reasonable progress toward completing 
a response action at the eligible response site, the President 
may list the eligible response site on the National Priorities 
List. 
"(3) CLEANUP AGREEMENTS.—^With respect to an eligible 
response site under paragraph (1)(B), if, after the last day 
of the 1-year period beginning on the date on which the Presi-
dent proposes to list the eligible response site on the National 
Priorities List, an agreement described in paragraph (1)(B) 
has not been reached, the President may defer the listing 
of the eligible response site on the National Priorities List 
for an additional period of not to exceed 180 days if the Presi-
dent determines deferring the listing would be appropriate 
based on— 
"(A) the complexity of the site; 
"(B) substantial progress made in negotiations; and 
"(C) other appropriate factors, as determined by the 
President. 
"(4) EXCEPTIONS.—The President may decline to defer, or 
elect to discontinue a deferral of, a listing of an eligible response 
site on the National Priorities List if the President determines 
that— 
"(A) deferral would not be appropriate because the 
State, as an owner or operator or a significant contributor 
of hazardous substances to the facility, is a potentially 
responsible party; 
"(B) the criteria under the National Contingency Plan 
for issuance of a health advisory have been met; or 
PUBLIC LAW 107-118-JAN. 11, 2002 
115 STAT. 2381 
"(C) the conditions in paragraphs (1) through (3), as 
apphcable, are no longer being met.". 
Approved January 11, 2002. 
LEGISLATIVE HISTORY—H.R. 2869: 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
Dec. 19, considered and passed House. 
Dec. 20, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTL^L DOCUMENTS, Vol. 37 (2001): 
Jan. 11, Presidential remarks.