[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2742 Introduced in House (IH)]


104th CONGRESS
  1st Session
                                H. R. 2742

 To set aside a portion of the funds available under the Comprehensive 
 Environmental Response, Compensation, and Liability Act of 1980 to be 
 used to encourage the redevelopment of marginal brownfield sites, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 1995

 Mr. English of Pennsylvania introduced the following bill; which was 
referred to the Committee on Commerce, and in addition to the Committee 
 on Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To set aside a portion of the funds available under the Comprehensive 
 Environmental Response, Compensation, and Liability Act of 1980 to be 
 used to encourage the redevelopment of marginal brownfield sites, and 
                          for other purposes.

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

SECTION. 1. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``brownfield site'' means a parcel of land 
        that was previously used for industrial purposes but is 
        contaminated with hazardous or toxic waste and not currently 
        used for any purpose. Such term shall not include any of the 
        following:
                    (A) Any facility that is the subject of a planned 
                or an ongoing response action under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.).
                    (B) Any facility included, or proposed for 
                inclusion, in the National Priorities List maintained 
                by the Administrator under such Act.
                    (C) Any facility with respect to which a record of 
                decision has been issued by the President under section 
                104 of such Act (42 U.S.C. 9604).
                    (D) Any facility that is subject to corrective 
                action under section 3004(u) or 3008(h) of the Solid 
                Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h)) at 
                the time that an application for a grant or loan 
                concerning the facility is submitted under this Act.
                    (E) Any 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.) has been 
                submitted and closure requirements have been specified 
                in a closure plan or permit.
                    (F) Any facility that contains polychlorinated 
                biphenyls subject to response under section 6(e) of the 
                Toxic Substances Control Act (15 U.S.C. 2605(e)).
                    (G) Any facility with respect to which an 
                administrative order on consent or judicial consent 
                decree requiring cleanup has been entered into by the 
                President under the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.), the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), the Toxic 
                Substances Control Act (15 U.S.C. 2601 et seq.) or 
                title XIV of the Public Health Service Act, commonly 
                known as the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.).
                    (H) Any facility controlled by, or to be remediated 
                by, a department, agency, or instrumentality of the 
                executive branch of the Federal Government.
                    (I) Any 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.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.

SEC. 2. SET-ASIDE FOR BROWNFIELD CLEANUPS.

    (a) Amount of Set-Aside.--Notwithstanding section 111 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (Superfund) or any other provision of law, from the amounts 
available in the Hazardous Substance Superfund established under 
subchapter A of chapter 98 of the Internal Revenue Code of 1986, in 
each fiscal year commencing after the enactment of this Act a fraction 
equal to 1/365 of the total amount available in the fund in that fiscal 
year shall be available to the Administrator for obligation or 
expenditure for the purpose of making grants under section 3 of this 
Act.
    (b) Assistance Amount.--The amount of any grants provided under 
this Act to a single applicant shall not exceed $10,000,000. No funds 
made available under this Act may be used for any brownfield site which 
has previously received Federal funds for used for decontamination or 
remediation. No grant funds shall be available under this Act for any 
project unless the State provides at least 20 percent of the total 
costs of the project from nonfederal funds.

SEC. 3. BROWNFIELD REDEVELOPMENT PROGRAM.

    (a) Grants.--Upon the approval of an application made by any State 
under this section, the Administrator may approve a State brownfield 
program and make grants to State to be used for purposes of 
decontamination and remediation of brownfield sites to make such sites 
available for proposed new uses. Grants under the section may also be 
used for technical assistance.
    (b) Applications.--Any State may submit an application to the 
Administrator for approval of a State program under this section. An 
application shall be in such form as the Administrator determines 
appropriate. At a minimum, the application shall include each of the 
following:
            (1) Assurance that adequate oversight and enforcement 
        authorities will be available.
            (2) Evidence of active State brownfields cleanup programs.
            (3) Opportunity for public participation.
            (4) Sufficient technical assistance.
            (5) Adequate oversight to ensure that remediation complies 
        with State laws.
            (6) Certification to owners and prospective purchaser that 
        cleanup is completed.
            (7) Evidence of a proposed use for the site after the 
        remediation has been completed.
            (8) Streamlined procedures to ensure expeditious brownfield 
        remediation.
The Administrator shall approve the program if he determines that it 
meets the requirements of paragraphs (1) through (8).
    (c) Grants.--The Administrator may make grants under this section 
to any State for the purposes of decontamination and remediation of 
brownfield sites pursuant to an approved State program.
    (d) Cleanup Standards.--All decontamination and remediation 
activities carried out under an approved State brownfields cleanup 
program shall comply with applicable provisions of State law. No action 
may be taken by the United States under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.) or under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
for the decontamination or remediation of any brownfield site at which 
decontamination or remediation is being carried out under an approved 
State brownfield cleanup program, and no action for recovery of costs 
or damages arising from a release or threatened release of hazardous 
substances at any brownfield site may be brought under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 against any person who is, or who has, engaged in the cleanup 
of such site under a State program approved under this section.
    (e) Withdrawal of Approval.--Whenever the Administrator determines 
after public hearing that a State is not administering and enforcing a 
qualified program in accordance with the requirements of this section, 
the Administrator shall notify the State in writing of such 
determination. If appropriate corrective action is not taken by the 
State within 120 days after receipt of the notice, the Administrator 
shall withdraw the approval of the program and publish a notice of this 
action in the Federal Register, after which the State program shall 
cease to be an approved program and shall not be eligible to receive 
further Federal funds under this Act.
    (f) Status Reports.--States with programs approved under this 
section shall report to the Administrator at the end of each calendar 
year with regard to whether or not the program continues to meet the 
requirements of this section.
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