[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1005 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1005

 To amend the Comprehensive Environmental Response, Compensation, and 
  Liability Act of 1980 to improve public notification and community 
 relations concerning actions for the removal of environmental hazards.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2009

   Mr. Smith of New Jersey introduced the following bill; which was 
 referred to the Committee on Energy and 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 amend the Comprehensive Environmental Response, Compensation, and 
  Liability Act of 1980 to improve public notification and community 
 relations concerning actions for the removal of environmental hazards.

    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 ``National Public Notification of 
Environmental Hazards Act of 2009''.

SEC. 2. REQUIREMENT FOR PUBLIC NOTICE OF REMOVAL OF ENVIRONMENTAL 
              HAZARDS.

    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. 129. REQUIREMENT FOR PUBLIC NOTICE OF REMOVAL OF ENVIRONMENTAL 
              HAZARDS.

    ``(a) Revision of National Contingency Plan.--Not later than 12 
months after the date of enactment of this section, the President shall 
revise the national contingency plan in accordance with the 
requirements of this section to provide for improved public 
notification and community relations in the case of a response action.
    ``(b) Requirements for All Response Actions.--
            ``(1) Applicability.--The head of the lead agency for a 
        response action shall take the actions specified in this 
        subsection for each response action conducted by the lead 
        agency.
            ``(2) Designation of spokesperson; press releases.--
                    ``(A) In general.--The head of the lead agency 
                shall designate a spokesperson for the response action.
                    ``(B) Duties.--The spokesperson shall--
                            ``(i) provide notice of the response action 
                        to--
                                    ``(I) civil defense and emergency 
                                management agencies, as the head of the 
                                lead agency determines appropriate;
                                    ``(II) immediately affected 
                                residents;
                                    ``(III) other members of the 
                                community surrounding the response 
                                site; and
                                    ``(IV) State and local officials;
                            ``(ii) respond to inquiries from the public 
                        concerning the response action; and
                            ``(iii) provide information to the public 
                        concerning the release resulting in the 
                        response action.
                    ``(C) Press release.--The head of the lead agency 
                shall--
                            ``(i) issue a press release containing 
                        information about the response action not later 
                        than 10 days after the President determines 
                        that the response action is appropriate; and
                            ``(ii) ensure the coordination of all press 
                        releases and other statements made by agencies 
                        participating in the response action with the 
                        on-scene coordinator or remedial project 
                        manager appointed for the response action under 
                        the national contingency plan.
            ``(3) Establishment of public information office.--
                    ``(A) In general.--The head of the lead agency 
                shall establish a public information office for the 
                response action.
                    ``(B) Location.--The public information office 
                shall be located at or near the response site and may 
                be housed in a trailer or other facility.
                    ``(C) Staffing.--The public information office 
                shall be staffed by individuals selected by the head of 
                the agency.
                    ``(D) Duties.--Individuals staffing the public 
                information office shall--
                            ``(i) provide information to the public on 
                        the actions taken with regard to the response 
                        action;
                            ``(ii) respond to inquiries from the public 
                        concerning the response action; and
                            ``(iii) provide information to the public 
                        concerning the release resulting in the 
                        response action.
                    ``(E) Deadline.--The head of the lead agency shall 
                establish the public information office not later than 
                the date of initiation of on-site activities for the 
                response action. The public information office shall 
                remain available to the public for the duration of the 
                response action.
            ``(4) Information repository.--
                    ``(A) In general.--The head of the lead agency 
                shall establish, at or near the response site, at least 
                one local information repository that contains items 
                made available for public information.
                    ``(B) Public notice.--The head of the lead agency 
                shall inform the public of the establishment of the 
                information repository.
                    ``(C) Public access.--The head of the lead agency 
                shall ensure that all items in the information 
                repository are available for public inspection and 
                copying.
                    ``(D) Deadline.--The head of the lead agency shall 
                complete all actions required by this paragraph on or 
                before the last day of the 60-day period beginning on 
                the date of initiation of on-site activities for the 
                response action.
            ``(5) Administrative record file.--
                    ``(A) In general.--The head of the lead agency 
                shall make available for public inspection the 
                administrative record file for the response action.
                    ``(B) Public notice.--The head of the lead agency 
                shall publish a prominent notice of availability of the 
                administrative record file for public inspection and 
                comment in a newspaper of general circulation in the 
                area including the response site. The notice shall also 
                include the following:
                            ``(i) Information about the response site, 
                        including the location of the site and the 
                        hazardous substance present at the site.
                            ``(ii) The location of the information 
                        repository established under paragraph (4) and 
                        the hours that the repository is open to the 
                        public.
                            ``(iii) The time, date, and location of the 
                        next scheduled public meeting to be conducted 
                        under paragraph (7).
                            ``(iv) The dates of the public comment 
                        period established under paragraph (6).
                            ``(v) The name of the agency contact to 
                        whom individuals may submit written comments 
                        concerning the response action.
                    ``(C) Location.--The head of the lead agency shall 
                place the administrative record file in at least one of 
                the information repositories established under 
                paragraph (4).
                    ``(D) Deadline.--The head of the lead agency shall 
                publish the notice required by subparagraph (A) on or 
                before the last day of the 60-day period beginning on 
                the date of initiation of on-site activities for the 
                response action.
            ``(6) Public comment period.--
                    ``(A) In general.--The head of the lead agency 
                shall provide a public comment period that allows for 
                the submission of written and oral comments concerning 
                the response action.
                    ``(B) Response to comments.--The head of the lead 
                agency shall prepare a written response to significant 
                comments submitted during the comment period.
                    ``(C) Length of period.--The public comment period 
                shall begin on the date the administrative record file 
                is made available for public inspection and continue 
                for at least 30 days. Upon timely request, the head of 
                the lead agency shall extend the public comment period 
                by a minimum of 15 days.
            ``(7) Public meetings.--
                    ``(A) In general.--The head of the lead agency for 
                a response action shall conduct public meetings 
                concerning the response action.
                    ``(B) Location.--The meetings shall be held in a 
                location in close proximity to the response site.
                    ``(C) Public notice.--The head of the lead agency 
                shall publish a prominent notice that informs the 
                public about the public meeting. The notice shall 
                include the following:
                            ``(i) Information about the response site, 
                        including the location of the site and the 
                        hazardous substance present at the site.
                            ``(ii) The time, date, location, and 
                        purpose of the public meeting.
                    ``(D) Deadline.--The head of the lead agency 
                shall--
                            ``(i) conduct an initial meeting under 
                        subparagraph (A) not later than 30 days after 
                        the President determines that the response 
                        action is appropriate; and
                            ``(ii) conduct additional meetings under 
                        subparagraph (A) quarterly throughout the 
                        duration of the response action.
            ``(8) Establishment of toll-free telephone number.--
                    ``(A) In general.--The head of the lead agency for 
                a response action shall establish a toll-free telephone 
                number to provide information to the public about the 
                response action.
                    ``(B) Automation.--If the provision of information 
                through the telephone number is automated, the 
                information shall include a telephone number for 
                contacting a representative of the lead agency who can 
                answer further questions about the response action.
                    ``(C) Deadlines.--The head of the lead agency 
                shall--
                            ``(i) establish such telephone number not 
                        later than 30 days after the date on which the 
                        President determines that the response action 
                        is appropriate; and
                            ``(ii) update information provided through 
                        such telephone number at least weekly.
            ``(9) Establishment of web site.--
                    ``(A) In general.--The head of the lead agency 
                shall establish a public Internet Web site (or 
                comparable facility using a successor protocol or 
                technology) to provide information to the public about 
                the response action.
                    ``(B) Updates.--The head of the lead agency shall 
                update the information on the Web site (or comparable 
                facility) frequently.
                    ``(C) Link from epa web site.--The head of the lead 
                agency shall ensure that a link to the Web site (or 
                comparable facility) is provided on the public Internet 
                Web site (or comparable facility) of the Environmental 
                Protection Agency.
                    ``(D) Deadline.--The head of the lead agency shall 
                make the Web site (or comparable facility) required by 
                subparagraph (A) available to the public not later than 
                30 days after the date on which the President 
                determines that the response action is appropriate.
            ``(10) Visits to residences and businesses.--
                    ``(A) In general.--The head of the lead agency 
                shall ensure that each residence and business located 
                within a \1/2\ mile radius of the response site is 
                visited by a representative of the lead agency.
                    ``(B) Duties.--A representative conducting a visit 
                under subparagraph (A) shall--
                            ``(i) provide the residence or business 
                        with information, including printed materials, 
                        on actions taken at the response site;
                            ``(ii) respond to inquiries from the 
                        residence or business concerning the response 
                        action; and
                            ``(iii) provide information to the 
                        residence or business concerning the release 
                        resulting in the response action.
                    ``(C) Deadlines.--The head of the lead agency shall 
                ensure that--
                            ``(i) the visits required by subparagraph 
                        (A) occur not later than 30 days after the 
                        President determines that the response action 
                        is appropriate; and
                            ``(ii) such visits reoccur quarterly 
                        throughout the duration of the response action.
            ``(11) Printed information.--
                    ``(A) In general.--The head of the lead agency for 
                a response action shall mail printed materials 
                containing information about the removal action to all 
                residences and businesses located within a \1/2\ mile 
                radius of the response site.
                    ``(B) Deadlines.--The head of the lead agency 
                shall--
                            ``(i) mail the materials required by 
                        subparagraph (A) not later than 30 days after 
                        the President determines that response action 
                        is appropriate; and
                            ``(ii) update and mail the materials 
                        quarterly throughout the duration of the 
                        response action.
    ``(c) Requirement for Response Actions With Planning Periods of at 
Least 180 Days.--
            ``(1) Applicability.--The head of the lead agency for a 
        response action shall take the actions specified in this 
        subsection, in addition to the actions specified in subsection 
        (b), if the President determines, based on a site evaluation, 
        that a response action is appropriate and the head of the lead 
        agency determines that a planning period of at least 180 days 
        exists prior to the date of initiation of on-site activities 
        for the response action. If subsection (d) applies to the 
        response action, the head of the lead agency shall also take 
        the actions specified in that subsection.
            ``(2) Engineering evaluation and cost analysis.--
                    ``(A) In general.--The head of the lead agency 
                shall make the engineering evaluation and cost analysis 
                prepared for the response action available to the 
                public.
                    ``(B) Notice.--The head of the lead agency shall 
                publish a prominent notice of availability of the 
                engineering evaluation and cost analysis in a local 
                newspaper of general circulation in the community where 
                the response site is located. Such notice shall contain 
                a brief description of the contents of the engineering 
                evaluation and cost analysis and a description of the 
                location where the evaluation and analysis is located.
                    ``(C) Deadline.--The head of the lead agency shall 
                complete the actions required under subparagraphs (A) 
                and (B) not later than the date on which an engineering 
                evaluation and cost analysis approval memorandum for 
                the response action is signed.
    ``(d) Requirements for Response Actions Lasting More Than 120 
Days.--
            ``(1) Applicability.--The head of the lead agency for a 
        response action shall take the actions specified in this 
        subsection, in addition to the actions specified in subsection 
        (b), for a response action that the head of the lead agency 
        determines will continue after the end of the 120-day period 
        beginning on the date of initiation of on-site activities for 
        the response action. If subsection (c) applies to the response 
        action, the head of the lead agency shall also take the actions 
        specified in that subsection.
            ``(2) Interviews.--
                    ``(A) In general.--The head of the lead agency 
                shall conduct interviews with local officials, 
                community residents, public interest groups, and other 
                interested or affected persons, as appropriate, to 
                solicit their concerns, information needs, and how and 
                when such persons would like to be involved in the 
                response action.
                    ``(B) Deadline.--The head of the lead agency shall 
                complete the interviews required by subparagraph (A) on 
                or before the last day of the 90-day period beginning 
                on the date of initiation of on-site activities for the 
                response action.
            ``(3) Community relations plan.--
                    ``(A) In general.--The head of the lead agency 
                shall prepare a formal community relations plan based 
                on the interviews conducted under paragraph (2) and 
                other relevant information.
                    ``(B) Contents.--The community relations plan shall 
                specify the community relations activities that the 
                head of the lead agency expects to undertake during the 
                response action.
                    ``(C) Deadline.--The head of the lead agency shall 
                develop the community relations plan on or before last 
                day of the 120-day period beginning on the date of 
                initiation of on-site activities for the response 
                action.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Engineering evaluation and cost analysis.--The term 
        `engineering evaluation and cost analysis' means an engineering 
        evaluation and cost analysis required by section 
        300.415(a)(4)(i) of title 40, Code of Federal Regulations, as 
        in effect on October 1, 2007.
            ``(2) Lead agency.--The term `lead agency' means the agency 
        responsible for planning and implementing a response action 
        under the national contingency plan.
            ``(3) Significant comment.--The term `significant comment' 
        means a public comment determined to be significant by the head 
        of the lead agency responsible for the response action.
            ``(4) Response action.--The term `response action' means a 
        response carried out under the national contingency plan, 
        including a response as defined by section 101 of this Act and 
        a removal as defined by section 311(a) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321(a)).
            ``(5) Response site.--The term `response site' means the 
        location of a response.''.
                                 <all>