[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2869 Enrolled Bill (ENR)]
H.R.2869
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
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,

da0fde5851a2f446545431b472ee3d058cc2ed15d450906c926c8d2bc7fe5d49

This Act may be cited as the ``Small Business Liability Relief and
Brownfields Revitalization Act''.

059d87cc6d715d22c7a0ec5288de0ebdf0792dbe6895138f4709579d73ce9c11

This title may be cited as the ``Small Business Liability
Protection Act''.

72a76c9a684884b98321e074353613f5214288dc50a4a63e3e759fa00bb2cb59

TITLE I

-SMALL BUSINESS LIABILITY PROTECTION

(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--
``(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 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--
``(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) 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) 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) 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.
``(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 President
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.''.

17d621ea8c9bef51f4356cdb890e6d3f88c95dc3661917ebceedb4a577cd7b64

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.

e5c261d30baf3e42f3fbe500c1c0b7a630cd0caa47a316fdd49c3d02e81a879c

This title may be cited as the ``Brownfields Revitalization and
Environmental Restoration Act of 2001''.
Subtitle A--Brownfields Revitalization Funding

211b31fe4ae57f6e45248f64afbfe0a4d95028c5fef3b27672835fb5eee48315

TITLE II

-BROWNFIELDS REVITALIZATION AND ENVIRONMENTAL RESTORATION

(a) Definition of Brownfield Site.--Section 101 of the
Comprehensive Environmental Response, Compensation, and Liability 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 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 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 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) 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;
``(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;
``(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.
``(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
applications 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 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.
``(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) 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;
``(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

f527b4ff20f7f7261b67876324a2cc609883929cabee8cbcd0b49bd317594be9

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 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.
``(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).''.

2141d0a6912535c466b72059c0e30c08ac6bcb2368b7b626eb21a7474dce0d8a

(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).
``(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:
``(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.''.

b797a0e45660823eb896eaae9015759952de944ce86bf21b57fbb811bf1c4110

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
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) 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.
``(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.--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.''.
Subtitle C--State Response Programs

909a82934331d7b770894746c431d236581519f892a1d8baddc234c1b9220b27

(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) 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:
``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 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 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
``(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) 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) 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 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 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) 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.).''.

69de5413ac4cd77eea5ddc941b11317261655d3dd3debdc1f50a007b16638817

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--
``(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
``(C) the conditions in paragraphs (1) through (3), as
applicable, are no longer being met.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Small Business Liability Relief and Brownfields Revitalization Act

Other Sections

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