[107th Congress Public Law 118]
[From the U.S. Government Printing Office]
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[DOCID: f:publ118.107]
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SMALL BUSINESS LIABILITY RELIEF AND BROWNFIELDS REVITALIZATION ACT
[[Page 115 STAT. 2356]]
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. <<NOTE: Jan. 11, 2002 - [H.R. 2869]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Small Business Liability
Relief and Brownfields Revitalization Act.>> assembled,
SECTION 1. <<NOTE: 42 USC 9601 note.>> SHORT TITLE.
This Act may be cited as the ``Small Business Liability Relief and
Brownfields Revitalization Act''.
TITLE I-- <<NOTE: Small Business Liability Protection Act.>> SMALL
BUSINESS LIABILITY PROTECTION
SEC. 101. <<NOTE: 42 USC 9601 note.>> SHORT TITLE.
This title may be cited as the ``Small Business Liability Protection
Act''.
SEC. 102. SMALL BUSINESS LIABILITY RELIEF.
(a) Exemptions.--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 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
hazardous 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--
[[Page 115 STAT. 2357]]
``(A) the President determines that--
``(i) the materials containing hazardous
substances referred to in paragraph (1) have
contributed significantly or could contribute
significantly, either individually 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 performance of a response action or
natural resource restoration 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 otherwise.
``(3) No judicial review.--A determination by the President
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 government, 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
property 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 section, 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 notification 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
[[Page 115 STAT. 2358]]
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
business concern' in regulations promulgated by the Small
Business Administration in accordance with the Small Business
Act (15 U.S.C. 631 et seq.).
``(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 significantly, 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
information 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 President
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 material
generated by a typical 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
processing operations (including pollution control
operations) that is not essentially the same as
waste normally 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--
[[Page 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 paragraph (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 circumstances
described in paragraph (1)(A).
``(7) Costs and fees.--A nongovernmental entity that
commences, 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) <<NOTE: President.>> 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 demonstrable
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) <<NOTE: President.>> Alternative payment
methods.--If the President 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 settlements.--
``(A) <<NOTE: President.>> 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.
[[Page 115 STAT. 2360]]
``(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) <<NOTE: President.>> 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) <<NOTE: President.>> 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 President
under paragraph (7), (8), (9), or (10) shall not be subject to
judicial review.
``(12) <<NOTE: President.>> 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 <<NOTE: 42 USC 9607 note.>> 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.
TITLE II-- <<NOTE: Brownfields Revitalization and Environmental
Restoration Act of 2001.>> BROWNFIELDS REVITALIZATION AND ENVIRONMENTAL
RESTORATION
SEC. 201. <<NOTE: 42 USC 9601 note.>> 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 Comprehensive
Environmental Response, Compensation, and Liability
[[Page 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
contaminant.
``(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 Priorities 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 polychlorinated 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, 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
[[Page 115 STAT. 2362]]
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 development or
enable the creation of, preservation of, or addition to
parks, greenways, undeveloped property, other
recreational 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 (21 U.S.C. 802));
``(II)(aa) is contaminated by petroleum or a
petroleum 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 responsible party and which will
be assessed, investigated, 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 section 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-
governmental 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
otherwise 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
[[Page 115 STAT. 2363]]
U.S.C. 1601 and following) and the Metlakatla Indian
community.
``(2) Brownfield site characterization and assessment grant
program.--
``(A) <<NOTE: Grants.>> Establishment of program.--
The Administrator 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 conduct 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
entities.--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 subparagraph (C), to
remediate sites owned by the eligible entity or
nonprofit organization that receives the grant.
``(C) <<NOTE: President.>> Considerations.--In
determining whether a 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;
[[Page 115 STAT. 2364]]
``(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
remediation 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
availability 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 subsection 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 communities that are addressed by the
revolving loan fund;
``(II) the demand for funding by
eligible entities 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;
[[Page 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 potentially
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 government
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
institutional 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) Application.--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 information
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 Federal resources.
[[Page 115 STAT. 2366]]
``(iii) <<NOTE: Publication.>> 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
applications for grants that are received from
eligible entities under this subsection; and
``(ii) <<NOTE: Grants.>> 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
contaminants.
``(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 property, 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
remediation 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.
[[Page 115 STAT. 2367]]
``(6) Implementation of brownfields programs.--
``(A) Establishment of program.--The Administrator
may provide, or fund eligible entities or nonprofit
organizations to provide, training, research, and
technical assistance to individuals and organizations,
as appropriate, to facilitate 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
appropriated 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
procedures 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 Administrator 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) <<NOTE: Deadline.>> Report to congress.--Not
later than 3 years after 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 description of the management
of the program (including a description 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;
[[Page 115 STAT. 2368]]
``(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 subsection
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
percent 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
[[Page 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 business 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,
assistance, and access to persons that are
authorized to conduct response actions or natural
resource restoration 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
restoration at the vessel or facility);
``(v) the person--
``(I) is in compliance with any land
use restrictions established or relied
on in connection with the response
action at the facility; and
``(II) does not impede the
effectiveness or integrity 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.
[[Page 115 STAT. 2370]]
``(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
paragraph 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 person 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
person solely as a result of subsurface migration in an
aquifer, subparagraph (A)(iii) shall not require the
person to conduct 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
available to the person under any other provision of
law; or
``(B) imposes liability on the person that is not
otherwise 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)
protection 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.--Section 101 of
the Comprehensive Environmental Response, Compensation, 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).
[[Page 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 purchase 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
person 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 affiliation.--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 conveyed 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:
[[Page 115 STAT. 2372]]
``(r) Prospective Purchaser and Windfall Lien.--
``(1) Limitation on liability.--Notwithstanding subsection
(a)(1), a bona fide prospective purchaser whose potential
liability 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
prospective 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 lien 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 (l)(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
[[Page 115 STAT. 2373]]
response actions at the facility (including the
cooperation 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 connection with a response action.'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Reason to know.--
``(i) All appropriate 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 defendant 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 standards 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, environmental, or natural
resource exposure to any
previously released hazardous
substance.
``(ii) <<NOTE: Deadline. Regulations.>>
Standards and practices.--Not later than 2 years
after the date of the enactment of the Brownfields
Revitalization and Environmental Restoration 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 environmental 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.
``(III) 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 developed.
``(IV) Searches for recorded
environmental cleanup liens against the
facility that are filed under Federal,
State, or local law.
[[Page 115 STAT. 2374]]
``(V) Reviews of Federal, State, and
local government records, waste disposal
records, underground 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
31, 1997.-- <<NOTE: Courts.>> 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 experience 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
property; 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.''.
[[Page 115 STAT. 2375]]
Subtitle C--State Response Programs
SEC. 231. STATE RESPONSE PROGRAMS.
(a) Definitions.--Section 101 of the Comprehensive Environmental
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 `eligible response site'
includes--
``(i) notwithstanding paragraph (39)(B)(ix), a
portion 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) <<NOTE: President.>> a site for which,
notwithstanding the exclusions provided in
subparagraph (C) or paragraph (39)(B), the
President determines, on a site-by-site basis and
after consultation with the State, that
limitations on enforcement under section 128 at
sites specified in clause (iv), (v), (vi) or
(viii) of paragraph (39)(B) would be appropriate
and will--
``(I) protect human health and the
environment; and
``(II) promote economic development
or facilitate the creation of,
preservation of, or addition to a park,
a greenway, undeveloped property,
recreational property, or other property
used for nonprofit 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, determines or has determined that
the site obtains a preliminary score
sufficient for possible listing on the
National Priorities List, or that the
site otherwise qualifies for listing on
the National Priorities List; unless the
President has made a determination that
no further Federal action will be taken;
or
``(ii) facilities that the President
determines warrant particular consideration as
identified by regulation, 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:
[[Page 115 STAT. 2376]]
``SEC. 128. <<NOTE: 42 USC 9628.>> 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
programs.
``(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 (1)(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
environment; 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 conducting 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
[[Page 115 STAT. 2377]]
the person works or resides may request
the conduct of a site assessment; and
``(II) an appropriate State official
shall consider 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 if--
``(i) the State requests that the President
provide assistance in the performance of a
response action;
``(ii) the Administrator determines that
contamination 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 President determines that
contamination has migrated or is likely to migrate
onto property subject to the jurisdiction,
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
[[Page 115 STAT. 2378]]
``(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 completed, was not known by the State,
as recorded in documents prepared or relied on in
selecting or conducting 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) <<NOTE: Applicability.>> 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 provided in this paragraph.
``(D) EPA 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 contaminant 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 Administrator 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 notification or if the
Administrator makes a determination
under clause (iii), take immediate
action under that clause.
``(ii) <<NOTE: Deadline.>> State reply.--Not
later than 48 hours after a State receives notice
from the Administrator under clause (i), the State
shall notify the Administrator if--
``(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
Administrator may take action immediately after
giving
[[Page 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) <<NOTE: Deadline. President.>> 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 enforcement 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 President 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) <<NOTE: Applicability.>> 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 Solid 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) <<NOTE: President.>> 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--
[[Page 115 STAT. 2380]]
``(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 President
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 President
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 President
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
[[Page 115 STAT. 2381]]
``(C) the conditions in paragraphs (1) through (3),
as applicable, are no longer being met.''.
Approved January 11, 2002.
LEGISLATIVE HISTORY--H.R. 2869:
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CONGRESSIONAL RECORD, Vol. 147 (2001):
Dec. 19, considered and passed House.
Dec. 20, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Jan. 11, Presidential remarks.
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