[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3843 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3843

To require the Administrator of the Environmental Protection Agency to 
 establish a program under which States may be certified to carry out 
 voluntary environmental cleanup programs for low and medium priority 
                                 sites.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1994

  Mr. Visclosky (for himself, Mr. Regula, Ms. Kaptur, Mr. Gallo, Mr. 
 Lipinski, and Mr. Fingerhut) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
 establish a program under which States may be certified to carry out 
 voluntary environmental cleanup programs for low and medium priority 
                                 sites.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfield Cleanup and Redevelopment 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Hundreds of thousands of obsolete industrial sites 
        nationwide are polluted with medium to low amounts of 
        environmental contamination.
            (2) Reusing these sites requires cleanup of the 
        contamination, adding costs and uncertainties to the 
        redevelopment process.
            (3) Left unused, these contaminated sites mean loss of tax 
        revenues and job opportunities for the community and pose 
        potential risks to nearby residents or people who venture onto 
        the site.
            (4) State efforts to encourage voluntary cleanup and 
        redevelopment of such sites are hindered by Federal 
        requirements for environmental permits to conduct the cleanups 
        and by the lack of Federal certification of such State efforts.
    (b) Purpose.--The purpose of this Act is to encourage cleanup and 
redevelopment of contaminated industrial facilities (known as 
``brownfields'') as economically viable alternatives to previously 
undeveloped ``greenfield'' sites.

SEC. 3. CERTIFICATION OF STATE VOLUNTARY CLEANUP PROGRAMS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency (hereinafter in this Act referred to as the 
``Administrator'') shall establish certification criteria for State 
voluntary cleanup programs at eligible facilities. If a State meets the 
criteria for certification, the Administrator shall certify the State 
to carry out the cleanup program in such State at eligible facilities 
in lieu of any Federal program that addresses the cleanup of such 
facilities under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 or the Solid Waste Disposal 
Act.
    (b) Biennial Audits and Revocation of State Certification.--The 
Administrator shall ensure that State programs continue to meet the 
terms of the certification issued pursuant to subsection (a) by 
conducting biennial audits of State voluntary cleanup programs. If the 
Administrator finds that the State is not administering the program in 
accordance with the terms of the certification, the Administrator shall 
notify the State of deficiencies and of the Administrator's intention 
to withdraw the State's certification if the deficiencies are not 
resolved within 6 months. Withdrawal of State certification shall not 
affect any cleanup completed and approved by the State as of the date 
of such withdrawal.
    (c) Specific Criteria.--The Administrator shall require that, in 
order for a State voluntary cleanup program to be certified under 
subsection (a), the program shall, at a minimum, contain each of the 
following provisions--
            (1) The program shall provide that only eligible 
        facilities, as described in subsection (d), may participate in 
        the program.
            (2) The program shall provide adequate opportunities for 
        public participation in the development and implementation of 
        cleanup plans for eligible facilities. Public participation 
        requirements shall include but not be limited to providing 
        opportunity for affected parties to review and comment on 
        cleanup documents and plans, and providing opportunity for 
        public input to the remedy selection process. Affected parties 
        shall include but not be limited to local work force 
        representatives, adjacent community residents, and local 
        environmental and other public interest organizations.
            (3) The program shall provide technical assistance 
        throughout each voluntary cleanup.
            (4) The program shall provide adequate oversight and 
        enforcement authority to ensure that the voluntary cleanups 
        comply with Federal and State laws (except permit requirements 
        as provided in subsection (e)).
            (5) provide for a certification from the State to the owner 
        or prospective purchaser of an eligible facility that the 
        cleanup is complete.
    (d) Eligible Facilities.--For purposes of this Act, the term 
``eligible facility'' means a facility or property in a State that is 
determined by the State to have environmental contamination that--
            (1) could prevent the timely use, development, or reuse of 
        the facility or property; and
            (2) is limited in scope and can be comprehensively and 
        readily evaluated.
Such term shall not include any of the following:
            (A) A facility that is eligible for abatement action under 
        section 106 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980.
            (B) A facility that, as of the date of the enactment of 
        this Act, is subject to Federal enforcement action under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.).
            (C) A facility included, or proposed for inclusion, on the 
        National Priorities List or on the comprehensive environmental 
        response, compensation, and liability inventory system 
        (``CERCLIS'') that has been evaluated as high priority under 
        the hazard ranking system.
            (D) A facility required to have a permit under section 3005 
        of the Solid Waste Disposal Act that does not have a permit 
        under that section and does not qualify for authorization to 
        operate in interim status under subsection (e) of that section.
            (E) A land disposal unit with respect to which a closure 
        notification under subtitle C of the Solid Waste Disposal Act 
        (42 U.S.C. 6921 et seq.) is submitted and closure requirements 
        are specified in a closure plan or permit.
            (F) A facility subject to corrective action under section 
        3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 
        5924(u) or 6928(h)) that is evaluated as high priority under 
        the Environmental Protection Agency's National Corrective 
        Action Priority System as set forth in regulations under 
        subtitle C of the Solid Waste Disposal Act.
            (G) A facility at which assistance for response activities 
        may be obtained pursuant to 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.
            (H) A facility owned or operated by a department, agency, 
        or instrumentality of the United States.
    (e) Relationship to Permit Requirements.--No Federal, State, or 
local permit shall be required for any cleanup conducted under a State 
voluntary cleanup program certified under this section, if the cleanup 
is carried out in compliance with the certified program.

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