1.This Act may be cited as the
National Public Notification of
Environmental Hazards Act of 2009
.
2.Requirement for
public notice of removal of environmental hazardsTitle 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:
129.Requirement for
public notice of removal of environmental hazards
(a)Revision of
national contingency planNot 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)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)The head of the lead agency shall designate a
spokesperson for the response action.
(B)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)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)The head of the lead agency shall establish a public
information office for the response action.
(B)The
public information office shall be located at or near the response site and may
be housed in a trailer or other facility.
(C)The
public information office shall be staffed by individuals selected by the head
of the agency.
(D)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)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)
(A)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)The head of the lead
agency shall inform the public of the establishment of the information
repository.
(C)The head of the lead
agency shall ensure that all items in the information repository are available
for public inspection and copying.
(D)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)The head of the lead
agency shall make available for public inspection the administrative record
file for the response action.
(B)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)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)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)
(A)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)The head of the lead
agency shall prepare a written response to significant comments submitted
during the comment period.
(C)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)
(A)The head of the lead agency for a response action shall
conduct public meetings concerning the response action.
(B)The
meetings shall be held in a location in close proximity to the response
site.
(C)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)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)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)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)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)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)The head of the lead agency shall update
the information on the Web site (or comparable facility) frequently.
(C)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)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)The head of the lead agency shall ensure that each
residence and business located within a ½ mile radius of the response site is
visited by a representative of the lead agency.
(B)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)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)
(A)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 ½ mile radius of the response
site.
(B)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)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)The head of the lead
agency shall make the engineering evaluation and cost analysis prepared for the
response action available to the public.
(B)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)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)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)
(A)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)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)
(A)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)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)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)In
this section, the following definitions apply:
(1)Engineering
evaluation and cost analysisThe 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)The term lead agency means the agency
responsible for planning and implementing a response action under the national
contingency plan.
(3)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)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)The term response site means the location of a
response.
.