[Congressional Record Volume 145, Number 75 (Monday, May 24, 1999)]
[Senate]
[Pages S5837-S5849]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS (for himself, Mr. Lautenberg, Mrs. Lincoln, and Mr. 
        Daschle):
  S. 1105. A bill to assist local governments and States in assessing 
and remediating brownfield sites, increase fairness and reduce 
litigation, and for other purposes; to the Committee on Environment and 
Public Works.


   superfund litigation reduction and brownfield cleanup act of 1999

  Mr. BAUCUS. Mr. President, today, along with Senators Lautenberg, 
Lincoln, and Daschle, I am introducing legislation to reauthorize and 
reform the Superfund program, the Superfund Litigation Reduction and 
Brownfields Cleanup Act.
  The Environment and Public Works Committee has been working on 
Superfund reauthorization legislation for more than six years. It's 
time to finish the job. To my mind, the best way to accomplish this is 
to focus on a set of modest but important reforms about which we are 
likely to be able to achieve a broad bipartisan consensus.
  That is what our bill aims to do.
  Superfund has been criticized as creating disincentives for cleaning 
up ``brownfields''--generally, sites in older neighborhoods or 
industrial areas that are contaminated, but not to the extent that they 
are likely to be put on the National Priorities List. The main charge 
is that fear of Superfund liability makes some developers reluctant to 
invest.
  Title I of the bill addresses this concern. It eliminates Superfund 
liability for prospective purchasers of contaminated property who are 
not responsible for the contamination, and thereby removes a potential 
disincentive for brownfields cleanup. The bill also provides liability 
relief for current owners of contaminated property who are not 
responsible for and had no reason to know of the contamination when 
they acquired the property, and persons whose property is contaminated 
as a result of migration from neighboring property.
  In addition, the bill authorizes funding for three purposes:
  $35 million per year for five years for grants to local governments, 
States and Indian tribes to inventory and assess contamination at 
brownfield sites;
  $60 million per year for five years for grants to local governments, 
States and Indian tribes to capitalize revolving loan funds and for 
site cleanup; and
  $15 million per year for five years to States to develop and enhance 
voluntary cleanup programs.
  Perhaps the most well known criticism of Superfund relates to the 
toll it can take on small businesses that, despite their often minimal 
contribution of waste to a site, have been forced to incur significant 
sums in attorney fees and payments toward cleanup. A significant 
portion of small businesses that sent waste to a site sent only 
municipal waste or very small amounts of hazardous waste. In addition, 
many small businesses simply cannot afford to pay the costs associated 
with retaining an attorney and cleanup.
  To address these problems, the bill provides two liability 
exemptions.
  The first is an exemption for parties that sent a de micromis amount 
of hazardous waste--presumed to be less than 110 gallons of liquid 
material or 200 pounds of solid material. (Note that

[[Page S5838]]

this provision is not limited to small businesses: it also would exempt 
a large company that sends only de micromis amounts of waste.)
  The second is an exemption for small business and homeowners that 
sent municipal solid waste from their home or business. There is no 
limit on the amount of municipal waste these parties sent.
  In addition, the bill provides relief for those who sent a relatively 
small amount of hazardous waste, but more than allowed under the de 
micromis exemption, and for small businesses with a limited ability to 
pay. Specifically, the bill provides expedited settlements for 
contributors of de minimis amounts of waste and persons with a limited 
ability to pay. These provisions require EPA to make settlement offers 
as expeditiously as practicable to these parties. A party who 
contributed 1% or less of the waste to the site is presumed to be de 
minimis.
  Together, these provisions would provide relief for virtually every 
small business and homeowner that should get relief. The bill also 
requires that EPA establish a small business Superfund assistance 
section within the small business ombudsman office of EPA.
  Under Superfund, contributors of municipal solid waste and municipal 
sewage sludge have been sued, and in some instances, found liable, 
based on the fact that even municipal waste contains some small amount 
of hazardous substances. At sites with municipal waste (such as 
municipal landfills), frequently the majority of waste by volume is 
municipal waste, but the conditions that result in listing the site on 
the NPL were caused by the more toxic industrial waste. Hence, there 
has long been controversy as to whether contributors of municipal 
waste, and municipalities that own municipal landfills on the NPL, 
should be treated the same as contributors of other waste.
  Last year EPA published a policy for settlements with municipal 
owners and operators of NPL landfills, and for public and private 
contributors of municipal waste. The policy was developed through 
negotiations with several municipal organizations.
  Our bill codifies EPA's policy. Under the provision, municipalities 
that own or operate landfills that are on the NPL are entitled to 
settle for 20% of the cleanup costs at a site, and for 10% if they have 
a population below 100,000. Contributors of municipal waste, including 
municipalities and private parties, can settle for $5.30 a ton. This 
number was calculated based on the cost of cleaning up a municipal 
landfill that does not also have hazardous waste.
  Title IV provides exemptions for contributors of certain ``recyclable 
material''--paper, plastic, glass, textiles, rubber (other than whole 
tires), metal and batteries--that meet specified conditions. It is 
virtually identical to the Lott/Daschle bill in the 105th Congress. In 
particular, I appreciate the work of Senator Lincoln on this issue.
  Contributions of orphan funding from the Superfund can mitigate much 
of the perceived unfairness of the joint and several liability system. 
Allocation pilot studies conducted by EPA revealed that the most 
important tool for achieving settlements, and in the process reducing 
transaction costs, is for EPA to offer some contribution of funding to 
offset costs attributable to parties that are unable to pay.
  The bill authorizes $200 million per year for five years in mandatory 
spending to be used by EPA in cleanup settlements. It is so used to 
offset costs attributable to parties that are insolvent or defunct or 
otherwise unable to pay, or for other equitable purposes. This 
mandatory spending is conditional, however, on the Superfund cleanup 
program being appropriated at least $1.5 billion annually, exclusive of 
the $200 million for orphan funding. That so-called ``firewall'' is 
intended to ensure that cleanups are not sacrificed in order to pay 
orphan funding. Assuming the program is funded at the required level, 
EPA would be required to contribute $200 million per year to cleanup 
settlements. However, to maintain flexibility, EPA would have the 
discretion to determine how much of the $200 million to allocate to 
which sites.
  The bill authorizes appropriations of $7.5 billion over five years, 
or $1.5 billion a year. At this level, EPA would be able to maintain 
the current pace of cleanups, which is resulting in the completion of 
construction at 85 sites a year. Now that we finally are making good 
progress in cleaning up sites, its important to maintain this pace.
  On a related point, the bill continues to fund cleanups principally 
through the Superfund Trust Fund. In doing so, it assumes the 
reinstatement of the two Superfund taxes--the excise taxes on petroleum 
and chemical feedstocks and the corporate environmental tax of .12 
percent of corporate alternative minimum taxable income above $2 
million. By doing so, the bill would retain the current reliance on the 
trust fund to pay for the majority of cleanup costs, with a limited 
payment from general revenues.
  Mr. President, the chairmen of the Environment and Public Works 
Committee and its Superfund Subcommittee, Senators Chafee and Smith, 
also have introduced a Superfund reform bill, S. 1090. There are 
several areas of general agreement between the bill that we are 
introducing today and S. 1090. Some examples are the exemption for bona 
fide prospective purchasers and other exemptions intended to promote 
brownfields redevelopment; exemptions for contributors of recyclable 
material; and exemptions and expedited settlements for contributors of 
municipal waste or small amounts of hazardous waste, to protect 
municipalities and small businesses.
  There are, however, some significant differences between the 
approaches taken in the two bills, particularly with respect to 
providing an adequate federal safety net to protect public health and 
the environment, the allocation system, and, perhaps most 
significantly, providing adequate and assured funding to operate the 
program.
  I hope that we can work cooperatively and expeditiously to resolve 
these differences, so that we can pass a Superfund reauthorization bill 
with broad, bipartisan support.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the Superfund 
Litigation Reduction and Brownfield Cleanup Act along with Senators 
Daschle, Baucus, and Lincoln. This bill will strengthen and improve the 
current Superfund program by cleaning up urban and rural brownfields 
and removing small, innocent parties from unnecessary superfund 
litigation.
  Unlike the alternative Superfund proposal offered by the Republicans 
on Environment and Public Works Committee, this bill continues what is 
best about the Superfund program and makes the minor adjustments 
necessary to make it cost effective.
  Mr. President, way back in the 103rd Congress, the critics of 
Superfund raised a number of issues. They asserted that the program was 
too slow, that not enough cleanups were taking place, that there was 
too much litigation.
  At the time, we were seeking solutions which would make the program 
faster, streamline cleanups, treat parties more fairly and get the 
little guys out earlier, all while keeping those responsible for the 
problem also responsible for cleaning it up. This was all within the 
general goals of achieving more cleanups and therefore providing better 
protection of human health and the environment.
  I am proud of those proposals, and many of us still on the 
Environment and Public Works Committee, including Chairman Chafee, who 
voted for that bill way back in the 103rd Congress should also be 
proud. Many of those proposals, although never enacted into law, were 
adopted administratively by EPA and radically altered the Superfund 
Program as we know it.
  Others have been tested and been improved upon. In general, the 
thrust of this bill has resulted in many of the achievements of the 
current program.
  According to a report issued by the General Accounting Office, by the 
end of this fiscal year all cleanup remedies will have been selected 
for 95 percent of nonfederal NPL sites (1,109 of 1,169 sites).
  In addition, approximately 990 NPL sites have final cleanup plans 
approved, approximately 5,600 emergency removal actions have been taken 
at hazardous waste sites to stabilize dangerous situations and to 
reduce the threat to human health and the environment.
  More than 30,900 sites have been removed from the Superfund inventory 
of

[[Page S5839]]

potential waste sites, to help promote the economic redevelopment of 
these properties.
  During this same time, EPA has worked to improve the fairness and 
efficiency of the enforcement program, even while keeping up the 
participation of potentially responsible parties in cleaning up their 
sites.
  EPA has negotiated more than 400 deminimis settlements with over 
18,000 small parties, which gave protection for these parties against 
expensive contribution suits brought by other private parties. Sixty 
six percent of these have been in the last four years alone.
  Since fiscal year 1996, EPA has offered ``orphan share'' compensation 
of over $145 million at 72 sites to responsible parties who were 
willing to step up and negotiate settlements of their cases. EPA is now 
offering this at every single settlement, to reward settlors and reduce 
litigation, both with the government, and with other private parties.
  These are just a few highlights of the improvements made in the 
program, many drawn from our earlier legislative proposals. Other 
improvements, such as instituting the targeted review of complex and 
high-cost cleanups, prior to remedy selection, have reduced the cost of 
cleanups without delaying the pace of cleanups.
  EPA's administrative reforms have significantly improved the program, 
by speeding up cleanups and reducing senseless litigation, and making 
the program fairer, faster and more efficient overall.
  But despite the fact that this is a program that has finally really 
hit its stride, we are now faced with proposals from the majority which 
could undercut the progress in the program, and which are premised on a 
goal of closing down the program rather than a goal of cleaning up the 
sites. Indeed, the very title of their bill, the Superfund Program 
Completion Act, reflects this intent.
  I am deeply troubled by many of the provisions in the Republican 
bill, which would have the effect of ramping the program down without 
regard to the amount of site work left to be done. This bill provides 
for lowered funding levels, a cap on the NPL, waivers of the federal 
safety net, and some broad liability exemptions.
  At the same time, it creates a number of new, expensive obligations 
which would further reduce the amount of money available for cleanup. 
It also shifts the costs of the program to the taxpayers and would not 
include an extension of the Superfund tax.
  In short, while I am encouraged by the fact that the Republican bill 
drops some troubling provisions from prior bills, it introduces a whole 
set of new issues that are cause for great concern.
  I think it is very clear that what we need here is a better Superfund 
program, not a retreat from tackling our environmental problems.
  We need a bill that continues to accelerate the pace of cleanups, 
keeps cleanups protective, reduces litigation and transaction costs, is 
affordable and does not shift costs to the American taxpayer.
  That is why I am introducing the Superfund Litigation Reduction and 
Brownfield Cleanup Act of 1999. I believe that this bill, is in some 
areas very close to the provisions supported by my Republican 
colleagues, but differs in some critical areas.
  It would protect cleanups, reduce litigation and not shift costs to 
the American taxpayer.
  I hope that these are goals we can agree on. And I urge my colleagues 
to not throw the Superfund baby out with the bathwater.
  I look forward to working with my colleagues to strengthen the 
Superfund program in the 21st century not dismantle it.
  I ask unanimous consent that the bill and a summary of the 
Legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1105

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Superfund 
     Litigation Reduction and Brownfield Cleanup Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--BROWNFIELDS LIABILITY RELIEF

Sec. 101. Finality for buyers.
Sec. 102. Finality for owners and sellers.
Sec. 103. Regulatory authority.

               TITLE II--SMALL BUSINESS LIABILITY RELIEF

Sec. 201. Liability exemptions.
Sec. 202. Expedited settlement for de minimis contributions and limited 
              ability to pay.
Sec. 203. Small business ombudsman.

TITLE III--SETTLEMENTS FOR MUNICIPALITIES AND CONTRIBUTORS OF MUNICIPAL 
                                 WASTE

Sec. 301. Municipal owners and operators.
Sec. 302. Expedited settlements with contributors of municipal waste.

    TITLE IV--CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS

Sec. 401. Recycling transactions.

                      TITLE V--BROWNFIELDS CLEANUP

Sec. 501. Brownfields funding.
Sec. 502. Research, development, demonstration, and training.
Sec. 503. State voluntary cleanup programs.
Sec. 504. Audits.

                    TITLE VI--SETTLEMENT INCENTIVES

Sec. 601. Fairness in settlements.

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.
Sec. 702. Funding for cleanup settlements.
Sec. 703. Agency for Toxic Substances and Disease Registry.
Sec. 704. Brownfields.
Sec. 705. Authorization of appropriations from general revenues.
Sec. 706. Worker training and education grants.

                        TITLE VIII--DEFINITIONS

Sec. 801. Definitions.

                 TITLE I--BROWNFIELDS LIABILITY RELIEF

     SEC. 101. FINALITY FOR BUYERS.

       (a) Limitations on Liability.--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:
       ``(o) Limitation on Liability for Prospective Purchasers.--
     Notwithstanding paragraphs (1) through (4) of subsection (a), 
     to the extent the liability of a person, with respect to a 
     release or the threat of a release from a facility, is based 
     solely on subsection (a)(1), the person shall not be liable 
     under this Act if the person--
       ``(1) is a bona fide prospective purchaser of the facility; 
     and
       ``(2) does not impede the performance of any response 
     action or natural resource restoration at a facility.''.
       (b) Prospective Purchaser and Windfall Lien.--Section 107 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (as amended by subsection (a)) is 
     amended by adding at the end the following:
       ``(p) Prospective Purchaser and Windfall Lien.--
       ``(1) In general.--In any case in which the United States 
     has incurred unrecovered response costs at a facility for 
     which an owner of the facility is not liable by reason of 
     subsection (o), and the conditions described in paragraph (3) 
     are met, the United States shall--
       ``(A) have a lien on the facility; or
       ``(B) may obtain, from the appropriate responsible party or 
     parties, a lien on other property or other assurances of 
     payment satisfactory to the Administrator, for the 
     unrecovered costs.
       ``(2) Amount; duration.--The lien shall--
       ``(A) be for an amount not to exceed the lesser of the 
     amount of--
       ``(i) the response costs of the United States; or
       ``(ii) the increase in fair market value of the property 
     attributable to the response action at the time of a 
     subsequent sale or other disposition of the property;
       ``(B) arise at the time costs are first incurred by the 
     United States with respect to a response action at the 
     facility;
       ``(C) be subject to the requirements for notice and 
     validity specified in subsection (l)(3); and
       ``(D) continue until the earlier of satisfaction of the 
     lien or recovery of all response costs incurred at the 
     facility, notwithstanding any statute of limitations under 
     section 113.
       ``(3) Conditions.--The conditions referred to in paragraph 
     (1) are the following:
       ``(A) Response action.--A response action for which the 
     United States has incurred unrecovered costs of a response 
     not inconsistent with the National Contingency Plan 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 
     commenced.
       ``(4) Settlement.--Nothing in this subsection prevents the 
     United States and the purchaser from entering into a 
     settlement at any time that extinguishes a lien of the United 
     States.''.
       (c) Definition of Bona Fide Prospective Purchaser.--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) Bona fide prospective purchaser.--The term `bona 
     fide prospective purchaser'

[[Page S5840]]

     means a person or a tenant of a person that acquires 
     ownership of a facility after the date of enactment of this 
     paragraph that can establish each of the following by a 
     preponderance of the evidence:
       ``(A) Disposal prior to acquisition.--All active disposal 
     of hazardous substances at the facility occurred before the 
     person acquired the facility.
       ``(B) Inquiry.--
       ``(i) In general.--The person made all appropriate inquiry 
     into the previous ownership and uses of the facility in 
     accordance with generally accepted good commercial and 
     customary standards and practices.
       ``(ii) Standards.--The standards and practices referred to 
     in clause (ii) of paragraph (35)(B) or those issued or 
     designated by the Administrator under that clause shall 
     satisfy the requirements of this subparagraph.
       ``(iii) Residential property.--In the case of property in 
     residential or other similar use at the time of purchase by a 
     nongovernmental or noncommercial entity, a site inspection 
     and title search that reveal no basis for further 
     investigation shall satisfy the requirements of this 
     subparagraph.
       ``(C) Notices.--The person provided all legally required 
     notices with respect to the discovery or release of any 
     hazardous substances at the facility.
       ``(D) Care.--The person exercised appropriate care with 
     respect to hazardous substances found at the facility by 
     taking reasonable steps to--
       ``(i) stop ongoing releases;
       ``(ii) prevent threatened future releases of hazardous 
     substances; and
       ``(iii) prevent or limit human, environmental, or natural 
     resource exposure to hazardous substances previously released 
     into the environment.
       ``(E) Cooperation, assistance, and access.--The person--
       ``(i) provides full cooperation, assistance, and access to 
     the persons that are authorized to conduct the response and 
     restoration actions at the facility, including the 
     cooperation and access necessary for the assessment of 
     contamination, installation, preservation of integrity, 
     operation, and maintenance of any complete or partial 
     response action at the facility; and
       ``(ii) has fully complied and is in full compliance with 
     any land use or activity restrictions on the property 
     established or relied on in connection with a response action 
     at the facility, including informing any other party that the 
     person allows to occupy or use the property of the 
     restrictions and taking prompt action to correct any 
     noncompliance by the party.
       ``(F) Relationship.--
       ``(i) In general.--The person is not liable or affiliated 
     with any other person that is potentially liable for response 
     costs at the facility through any direct or indirect familial 
     relationship, or any contractual, corporate, or financial 
     relationship other than that created by the instruments by 
     which title to the facility is conveyed or financed.
       ``(ii) Reorganization.--An entity that results from the 
     reorganization of a business entity that is potentially 
     liable does not qualify as a bona fide prospective purchaser 
     with respect to a purchase or transfer of property directly 
     or indirectly from the potentially liable entity.''.

     SEC. 102. FINALITY FOR OWNERS AND SELLERS.

       (a) Knowledge of Inquiry Requirement for Innocent 
     Landowners.--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), by striking ``, unless'' and 
     inserting ``. An owner or operator of a facility may only 
     assert under section 107(b)(3) that an act or omission of a 
     previous owner or operator of that facility did not occur in 
     connection with a contractual relationship if''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Knowledge of inquiry requirement.--
       ``(i) Definition of contamination.--In this subparagraph, 
     the term `contamination' means an existing release, a past 
     release, or the threat of a release of a hazardous substance.
       ``(ii) Requirement.--

       ``(I) Inquiry.--To establish that the defendant had no 
     reason to know (under subparagraph (A)(i)), the defendant 
     must have made, at the time of the acquisition, all 
     appropriate inquiry (as well as comply with clause (vii)) 
     into the previous ownership and uses of the facility, 
     consistent with good commercial or customary practice in an 
     effort to minimize liability.
       ``(II) Considerations.--For the purpose of subclause (I) 
     and until the President issues or designates standards as 
     provided in clause (iv), the 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 uncontaminated;
       ``(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 to detect the contamination by 
     appropriate investigation.
       ``(iii) Conduct of site assessment.--A person who has 
     acquired real property shall be considered to have made all 
     appropriate inquiry within the meaning of clause (ii)(I) if--

       ``(I) the person establishes that, not later than 180 days 
     before the date of acquisition, a site assessment of the real 
     property was conducted that meets the requirements of clause 
     (iv); and

       ``(II) the person complies with clause (vii).

       ``(iv) Site assessment standards.--

       ``(I) In general.--A site assessment meets the requirements 
     of this clause if the assessment is conducted in accordance 
     with the standards set forth in the American Society for 
     Testing and Materials (ASTM) Standard E1527-94, entitled 
     `Standard Practice for Environmental Site Assessments: Phase 
     I Environmental Site Assessment Process' or with any 
     alternative standards issued by regulation by the President 
     or issued or developed by other entities and designated by 
     regulation by the President.
       ``(II) Study of practices.--Before issuing or designating 
     alternative standards under subclause (I), the President 
     shall conduct a study of commercial and industrial practices 
     concerning site assessments in the transfer of real property 
     in the United States.

       ``(v) Considerations in issuing standards.--In issuing or 
     designating any standards under clause (iv), the President 
     shall consider requirements governing each of the following:

       ``(I) Conduct of an inquiry by an environmental 
     professional.
       ``(II) Interviews of each owner, operator, and occupant of 
     the property to determine information regarding the potential 
     for contamination.
       ``(III) Review of historical sources as necessary to 
     determine each previous use and occupancy of the property 
     since the property was first developed. In this subclause, 
     the term `historical sources' means any of the following, if 
     reasonably ascertainable: each recorded chain of title 
     document regarding the real property, including each deed, 
     easement, lease, restriction, and covenant, any aerial 
     photograph, fire insurance map, property tax file, United 
     States Geological Survey 7.5 minutes topographic map, local 
     street directory, building department record, and zoning/land 
     use record, and any other source that identifies a past use 
     or occupancy of the property.
       ``(IV) Determination of the existence of any recorded 
     environmental cleanup lien against the real property that has 
     arisen under any Federal, State, or local law.
       ``(V) Review of reasonably ascertainable Federal, State, 
     and local government records of any facility that is likely 
     to cause or contribute to contamination at the real property, 
     including, as appropriate--

       ``(aa) any investigation report for the facility;
       ``(bb) any record of activities likely to cause or 
     contribute to contamination at the real property, including 
     any landfill or other disposal location record, underground 
     storage tank record, hazardous waste handler and generator 
     record, and spill reporting record; and
       ``(cc) any other reasonably ascertainable Federal, State, 
     and local government environmental record that could reflect 
     an incident or activity that is likely to cause or contribute 
     to contamination at the real property.

       ``(VI) A visual site inspection of the real property and 
     each facility and improvement on the real property and a 
     visual site inspection of each immediately adjacent property, 
     including an investigation of any hazardous substance use, 
     storage, treatment, or disposal practice on the property.
       ``(VII) Any specialized knowledge or experience on the part 
     of the person that acquired the property.
       ``(VIII) The relationship of the purchase price to the 
     value of the property if uncontaminated.

       ``(IX) Commonly known or reasonably ascertainable 
     information about the property.
       ``(X) The obviousness of the presence or likely presence of 
     contamination at the property, and the ability to detect the 
     contamination by appropriate investigation.

       ``(vi) Reasonably ascertainable.--A record shall be 
     considered to be reasonably ascertainable for purposes of 
     clause (v) if a copy or reasonable facsimile of the record is 
     publicly available by request (within reasonable time and 
     cost constraints) and the record is practicably reviewable.
       ``(vii) Appropriate inquiry.--A person shall not be treated 
     as having made all appropriate inquiry under clause (ii)(I) 
     unless--

       ``(I) the person has maintained a compilation of the 
     information reviewed and gathered in the course of any site 
     assessment;
       ``(II) with respect to hazardous substances found at the 
     facility, the person, at a minimum, takes reasonable steps 
     to--

       ``(aa) stop ongoing releases of hazardous substances;
       ``(bb) prevent threatened future releases of hazardous 
     substances; and
       ``(cc) prevent or limit human, environmental, or natural 
     resource exposure to hazardous substances previously released 
     into the environment;

       ``(III) the person provides full cooperation, assistance, 
     and facility access to such persons as 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; and
       ``(IV) the person has fully complied with and is in full 
     compliance with any land use or activity restrictions on the 
     property established or relied on in connection with a

[[Page S5841]]

     response action at the facility, including informing any 
     other party that the person allows to occupy or use the 
     property of such restrictions and taking prompt action to 
     correct any noncompliance by such parties.

       ``(viii) 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 site 
     inspection and title search that reveal no basis for further 
     investigation shall satisfy the requirements of clause 
     (ii).''.
       (b) Limitation on Liability for Contiguous Property 
     Owners.--Section 107 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607) (as amended by section 101(b)) is amended by adding at 
     the end the following:
       ``(q) Contiguous Properties.--
       ``(1) In general.--A person that owns or operates real 
     property that is contiguous to or otherwise similarly 
     situated with respect to other real property that is not 
     owned or operated by that person and that is or may be 
     contaminated by a release or threatened release of a 
     hazardous substance from the other real property 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 such person establishes by a 
     preponderance of the evidence that--
       ``(A) the person did not cause, contribute, or consent to 
     the release or threatened release;
       ``(B) the person is not affiliated with any other person 
     that is liable or potentially liable for any response costs 
     at the facility;
       ``(C) with respect to hazardous substances on or under the 
     person's property, the person, at a minimum, takes reasonable 
     steps to--
       ``(i) stop ongoing releases;
       ``(ii) prevent threatened future releases of hazardous 
     substances; and
       ``(iii) prevent or limit human, environmental, or natural 
     resource exposure to hazardous substances previously released 
     into the environment;
       ``(D) the person provides full cooperation, assistance, and 
     access to the persons that are authorized to conduct the 
     response and restoration actions at the facility, including 
     the cooperation and access necessary for the assessment of 
     contamination, or installation, preservation of integrity, 
     operation, and maintenance of any complete or partial 
     response action at the facility;
       ``(E) the person has fully complied and is in full 
     compliance with any land use or activity restrictions on the 
     property established or relied on in connection with a 
     response action at the facility, including informing any 
     other party that the person allows to occupy or use the 
     property of the restrictions and taking prompt action to 
     correct any noncompliance by the party;
       ``(F) the person provided all legally required notices with 
     respect to the discovery of the release; and
       ``(G) at the time the person acquired the property, the 
     person--
       ``(i) conducted all appropriate inquiry within the meaning 
     of subparagraph (B) of section 101(35); 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 hazardous substances from other real 
     property not owned or operated by that person.
       ``(2) Assurances.--The President may issue an assurance 
     that no enforcement action under this Act shall be initiated 
     against a person described in paragraph (1).
       ``(3) Groundwater.--With respect to hazardous substances in 
     groundwater beneath the person's property solely as a result 
     of subsurface migration in an aquifer from a source or 
     sources outside the property, paragraph (1)(C) shall not 
     require that the person conduct groundwater investigations or 
     install groundwater remediation systems, except in accordance 
     with the policy of the Environmental Protection Agency on 
     owners of property containing contaminated aquifers, dated 
     May 24, 1995.
       ``(4) Bona fide prospective purchaser.--Any person that 
     does not qualify as a person described in paragraph (1) 
     because the person had the knowledge specified paragraph 
     (1)(G) at the time of acquisition of the real property may 
     qualify as a bona fide prospective purchaser under section 
     101(39) if the person is otherwise described in that section.
       ``(5) No limitation on defenses.--Nothing in this 
     subsection--
       ``(A) limits defenses to liability that otherwise may be 
     available to persons described in this subsection; or
       ``(B) imposes liability not otherwise imposed by section 
     107(a) on such persons.''.

     SEC. 103. REGULATORY AUTHORITY.

       (a) In General.--The Administrator may--
       (1) issue such regulations as the Administrator considers 
     necessary to carry out the amendments made by this title; and
       (2) assign any duties or powers imposed on or assigned to 
     the Administrator by the amendments made by this title.
       (b) Authority to Clarify and Implement.--The authority 
     under subsection (a) includes authority to clarify or 
     interpret all terms, including the terms used in this title, 
     and to implement any provision of the amendments made by this 
     title.

               TITLE II--SMALL BUSINESS LIABILITY RELIEF

     SEC. 201. LIABILITY EXEMPTIONS.

       Section 107 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as 
     amended by section 102(b)) is amended by adding at the end 
     the following:
       ``(r) De Micromis Exemption.--
       ``(1) In general.--Notwithstanding paragraphs (1) through 
     (4) of subsection (a), and except as provided in paragraph 
     (2), a person shall not be liable under this Act to the 
     United States or any other person (including liability for 
     contribution) for any response costs incurred with respect to 
     a facility if--
       ``(A) liability is based solely on paragraph (3) or (4) of 
     subsection (a);
       ``(B) the total of materials containing a hazardous 
     substance 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 material, 
     or such greater quantity as the Administrator may determine 
     by regulation; and
       ``(C) the acts on which liability is based took place 
     before May 1, 1999.
       ``(2) Exception.--Paragraph (1) shall not apply in a case 
     in which the Administrator determines that--
       ``(A) the material containing a hazardous substance 
     referred to in paragraph (1) contributed or could contribute 
     significantly, individually or in the aggregate, to the cost 
     of the response action with respect to the facility; or
       ``(B) the person has failed to comply with any request for 
     information or administrative subpoena issued by the 
     President under this Act or has impeded or is impeding the 
     performance of a response action with respect to the 
     facility.
       ``(s) Municipal solid waste exemption.--
       ``(1) In general.--Notwithstanding paragraphs (1) through 
     (4) of subsection (a), and except as provided in paragraph 
     (2), a person shall not be liable under this Act to the 
     United States or any other person (including liability for 
     contribution) for response costs incurred with respect to a 
     facility to the extent that--
       ``(A) liability is based on paragraph (3) or (4) of 
     subsection (a);
       ``(B) liability is based on an arrangement for disposal or 
     treatment of, an arrangement with a transporter for transport 
     for disposal or treatment of, or an acceptance for transport 
     for disposal or treatment at a facility of, municipal solid 
     waste; and
       ``(C) the person is--
       ``(i) 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;
       ``(ii) a business entity (including any parent, subsidiary, 
     or other affiliate of the entity) that, during the taxable 
     year preceding the date of transmittal of written 
     notification that the business is potentially liable, 
     employed not more than 100 individuals, and from which was 
     generated all of the entity's municipal solid waste with 
     respect to the facility; or
       ``(iii) a small nonprofit organization that, during the 
     taxable year preceding the date of transmittal of written 
     notification that the organization is potentially liable, 
     employed not more than 100 individuals, if the particular 
     chapter, office, or department employing fewer than 100 
     individuals was the location from which was generated all 
     of the municipal solid waste attributable to the 
     organization with respect to the facility.
       ``(2) Exception.--Paragraph (1) shall not apply in a case 
     in which the President determines that the person has failed 
     to comply with any request for information or administrative 
     subpoena issued by the President under this Act or has 
     impeded or is impeding the performance of a response action 
     with respect to the facility.''.

     SEC. 202. EXPEDITED SETTLEMENT FOR DE MINIMIS CONTRIBUTIONS 
                   AND LIMITED ABILITY TO PAY.

       (a) Parties Eligible.--Section 122(g) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9622(g)) is amended--
       (1) in paragraph (1), by redesignating subparagraph (B) as 
     subparagraph (E);
       (2) by striking ``(g)'' and all that follows through the 
     end of paragraph (1)(A) and inserting the following:
       ``(g) Expedited Final Settlement.--
       ``(1) Parties eligible.--
       ``(A) In general.--The President shall, as expeditiously as 
     practicable, notify of eligibility for a settlement, and 
     offer to reach a final administrative or judicial settlement 
     with, each potentially responsible party that, in the 
     judgment of the President, meets 1 or more of the conditions 
     stated in subparagraphs (B), (C), (F), and (G).
       ``(B) De minimis contribution.--The condition stated in 
     this subparagraph is that the liability of the potentially 
     responsible party is for response costs based on paragraph 
     (3) or (4) of subsection (a) and the potentially responsible 
     party's contribution of hazardous substances at a facility is 
     de minimis. For the purposes of this subparagraph, a 
     potentially responsible party's contribution shall be 
     considered to be de minimis only if the President determines 
     that both of the following criteria are met:
       ``(i) The quantity of material containing a hazardous 
     substance contributed by the potentially responsible party to 
     the facility is minimal relative to the total quantity of 
     material containing hazardous substances at the facility. The 
     quantity of a potentially responsible party's contribution 
     shall be presumed to be minimal if the quantity is 1 percent 
     or less of the total quantity of materials containing 
     hazardous substances at the

[[Page S5842]]

     facility, unless the Administrator identifies a different 
     threshold based on site-specific factors.
       ``(ii) The material containing a hazardous substance 
     contributed by the potentially responsible party does not 
     present toxic or other hazardous effects that are 
     significantly greater than the toxic or other hazardous 
     effects of other material containing hazardous substances at 
     the facility.
       ``(C) Reduction in settlement amount based on limited 
     ability to pay.--
       ``(i) In general.--The conditions stated in this 
     subparagraph are that the potentially responsible party--

       ``(I) is--

       ``(aa) a natural person; or
       ``(bb) a small business; and

       ``(II) demonstrates to the President an inability or a 
     limited ability to pay response costs.

       ``(ii) Small businesses.--

       ``(I) Definition of small business.--In this subparagraph, 
     the term `small business' means a business entity that, 
     together with its parents, subsidiaries, and other 
     affiliates, had an average of not more than 75 full-time 
     equivalent employees and an average of not more than 
     $3,000,000 in annual gross revenues, as reported to the 
     Internal Revenue Service, during the 3 years preceding the 
     date on which the business entity first received notice from 
     the President of its potential liability under this Act.
       ``(II) Other businesses.--A business shall be eligible for 
     a settlement under this subparagraph if the business--

       ``(aa) has an average of not more than 75 employees or an 
     average of not more than $3,000,000 in annual gross revenue; 
     and
       ``(bb) meets all other requirements for a settlement under 
     this subparagraph.

       ``(III) Considerations.--At the request of a small 
     business, the President shall take into consideration the 
     ability of the small business to pay response costs and still 
     maintain its basic business operations, including 
     consideration of the overall financial condition of the small 
     business and demonstrable constraints on the ability of the 
     small business to raise revenues.
       ``(IV) Information.--A small business requesting settlement 
     under this paragraph shall promptly provide the President 
     with all relevant information needed to determine the ability 
     of the small business to pay response costs.
       ``(V) Determination.--To be eligible to be covered by this 
     subparagraph, the business shall demonstrate to the President 
     the inability of the small business to pay response costs. If 
     the small business employs fewer than 25 full-time equivalent 
     employees and has average gross income revenues of less than 
     $2,000,000, the President shall, on request, perform any 
     analysis that the President determines may assist in 
     demonstrating the impact of a settlement on the small 
     business' ability to maintain its basic operations. The 
     President may perform such analysis for any other party or 
     request such other party to perform the analysis.
       ``(VI) Alternative payment methods.--If the President 
     determines that a small business is unable to pay its total 
     settlement quantity immediately, the President shall consider 
     such alternative payment methods as may be necessary or 
     appropriate.

       ``(D) Additional conditions for expedited settlements.--
       ``(i) Waiver of claims.--The President shall require, as a 
     condition of settlement under this paragraph, that a 
     potentially responsible party waive some or all of the claims 
     (including a claim for contribution under section 113) 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.
       ``(ii) Exception.--The President may decline to offer a 
     settlement to a potentially responsible party under this 
     paragraph 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 
     the performance of a response action with respect to the 
     facility.
       ``(iii) Responsibility to provide information and access.--
     A potentially responsible party that enters into a settlement 
     under this paragraph shall not be relieved of the 
     responsibility to provide any information or access requested 
     by the President in accordance with subsection (e)(3)(B) or 
     section 104(e).
       ``(iv) Basis of determination.--If the President determines 
     that a potentially responsible party is not eligible for 
     settlement under this paragraph, the President shall state 
     the reasons for the determination in writing to any 
     potentially responsible party that requests a settlement 
     under this paragraph.
       ``(v) No judicial review.--A determination by the President 
     under this paragraph shall not be subject to judicial 
     review.''; and
       (3) in subparagraph (E) of paragraph (1) (as redesignated 
     by paragraph (1))--
       (A) by redesignating clauses (i) through (iii) as 
     subclauses (I) through (III), respectively, and adjusting the 
     margins appropriately;
       (B) by striking ``(E) The potentially responsible party'' 
     and inserting the following:
       ``(E) Owners of real property.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the potentially responsible party''; and
       (C) by striking ``This subparagraph (B)'' and inserting the 
     following:
       ``(ii) Applicability.--Clause (i)''.
       (b) Settlement Offers.--Section 122(g) of the Comprehensive 
     Environment Response, Liability, and Compensation Act of 1980 
     (42 U.S.C. 9622(g)) is amended--
       (1) by redesignating paragraph (6) as paragraph (9); and
       (2) by inserting after paragraph (5) the following:
       ``(6) Settlement offers.--
       ``(A) Notification.--As soon as practicable after receipt 
     of sufficient information to make a determination, the 
     Administrator shall notify any person that the Administrator 
     determines is eligible under paragraph (1) of the person's 
     eligibility for the expedited final settlement.
       ``(B) Offers.--As soon as practicable after receipt of 
     sufficient information, the Administrator shall submit a 
     written settlement offer to each person that the 
     Administrator determines, based on information available to 
     the Administrator at the time at which the determination is 
     made, to be eligible for a settlement under paragraph (1).
       ``(C) Information.--At the time at which the Administrator 
     submits an offer under paragraph (1), the Administrator 
     shall, at the request of the recipient of the offer, make 
     available to the recipient any information available under 
     section 552 of title 5, United States Code, on which the 
     Administrator bases the settlement offer, and if the 
     settlement offer is based in whole or in part on information 
     not available under that section, so inform the recipient.
       ``(7) Litigation moratorium.--
       ``(A) In general.--No person that has received notification 
     from the Administrator under paragraph (6) that the person is 
     eligible for an expedited settlement under paragraph (1) 
     shall be named as a defendant in any action under this Act 
     for recovery of response costs (including an action for 
     contribution) during the period--
       ``(i) beginning on the date on which the person receives 
     from the President written notice of the person's potential 
     liability and notice that the person is a party that may 
     qualify for an expedited settlement; and
       ``(ii) ending on the earlier of--

       ``(I) the date that is 90 days after the date on which the 
     President tenders a written settlement offer to the person; 
     or
       ``(II) the date that is 1 year after receipt of notice from 
     the President that the person may qualify for an expedited 
     settlement.

       ``(B) Suspension of period of limitation.--The period of 
     limitation under section 113(g) applicable to a claim against 
     a person described in subparagraph (A) for response costs, 
     natural resource damages, or contribution shall be suspended 
     during the period described in subparagraph (A).
       ``(8) 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.''.

     SEC. 203. SMALL BUSINESS OMBUDSMAN.

       Section 117 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9617) is 
     amended by adding at the end the following:
       ``(f) Small Business Ombudsman.--
       ``(1) Establishment.--The Administrator shall establish a 
     small business Superfund assistance section within the small 
     business ombudsman office of the Environmental Protection 
     Agency.
       ``(2) Functions.--The small business Superfund assistance 
     section shall--
       ``(A) act as a clearinghouse for the provision to small 
     businesses of information, in a form that is comprehensible 
     to a layperson, regarding this Act, including information 
     regarding--
       ``(i) requirements and procedures for expedited settlements 
     under section 122(g); and
       ``(ii) ability-to-pay procedures under section 122(g);
       ``(B) provide general advice and assistance to small 
     businesses regarding questions and problems concerning the 
     settlement processes (not including legal advice as to 
     liability or any other legal representation); and
       ``(C) develop proposals and make recommendations for 
     changes in policies and activities of the Environmental 
     Protection Agency that would better fulfill the goals of this 
     title and the amendments made by this title in ensuring 
     equitable, simplified, and expedited settlements for small 
     businesses.''.

TITLE III--SETTLEMENTS FOR MUNICIPALITIES AND CONTRIBUTORS OF MUNICIPAL 
                                 WASTE

     SEC. 301. MUNICIPAL OWNERS AND OPERATORS.

       Section 107 of the Comprehensive Environment Response, 
     Liability, and Compensation Act of 1980 (42 U.S.C. 9607) (as 
     amended by section 201) is amended by adding at the end the 
     following:
       ``(t) Municipal Owners and Operators.--
       ``(1) In general.--A municipality that is liable for 
     response costs under paragraph (1) or (2) of subsection (a) 
     on the basis of ownership or operation of a municipal 
     landfill that was listed on the National Priority List on or 
     before May 1, 1999, shall be eligible for a settlement of 
     that liability.
       ``(2) Settlement amount.--
       ``(A) Municipalities with a population of 100,000 or 
     more.--
       ``(i) In general.--Subject to clauses (ii) and (iii), the 
     President shall offer a settlement to a municipality with a 
     population of 100,000 (as measured by the 1990 census) or 
     more with respect to liability described in

[[Page S5843]]

     paragraph (1) on the basis of a payment or other obligation 
     equivalent in value to not more than 20 percent of the total 
     response costs incurred with respect to a facility.
       ``(ii) Decreased amount.--The President may decrease the 
     percentage under clause (i) with respect to a municipality to 
     not less than 10 percent if the President determines that the 
     municipality took specific acts of mitigation during the 
     operation of the facility to avoid environmental 
     contamination or exposure with respect to the facility.
       ``(iii) Increased amount.--The President may increase the 
     percentage under clause (i) to not more than 35 percent if 
     the President determines that--

       ``(I) the municipality committed specific acts that 
     exacerbated environmental contamination or exposure with 
     respect to the facility; or
       ``(II) the municipality, during the period of ownership or 
     operation of the facility, received operating revenues 
     substantially in excess of the sum of the waste system 
     operating costs plus 20 percent of total estimated response 
     costs incurred with respect to the facility.

       ``(B) Municipalities with a population of less than 
     100,000.--The President shall offer a settlement to a 
     municipality with a population of less than 100,000 (as 
     measured by the 1990 census) with respect to liability 
     described in paragraph (1) in an amount that does not exceed 
     10 percent of the total response costs incurred with respect 
     to the facility.
       ``(3) Performance of response actions.--As a condition of a 
     settlement with a municipality under this subsection, the 
     President may require that the municipality perform or 
     participate in the performance of the response actions at the 
     facility.
       ``(4) Ownership or operation by 2 or more municipalities.--
     A combination of 2 or more municipalities that jointly own or 
     operate (or owned or operated) a facility at the same time or 
     during continuous operations under municipal control shall be 
     considered to be a single owner or operator for the purpose 
     of calculating a settlement offer under this subsection.
       ``(5) Waiver of claims.--The President shall require, as a 
     condition of a settlement under this subsection, that a 
     municipality or combination of 2 or more municipalities waive 
     some or all of the claims (including a claim for contribution 
     under section 113) 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.
       ``(6) Exceptions.--The President may decline to offer a 
     settlement under this subsection with respect to a facility 
     if the President determines that the municipal owner or 
     operator has failed to comply with any request for 
     information or administrative subpoena issued by the United 
     States under this Act, has failed to provide facility access 
     to persons authorized to conduct response actions at the 
     facility, or has impeded or is impeding the performance of a 
     response action with respect to the facility.''.

     SEC. 302. EXPEDITED SETTLEMENTS WITH CONTRIBUTORS OF 
                   MUNICIPAL WASTE.

       Section 122(g)(1) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9622(g)(1)) (as amended by section 202(a)) is amended by 
     adding at the end the following:
       ``(F) Contribution of municipal solid waste and municipal 
     sewage sludge.--
       ``(i) In general.--The condition stated in this 
     subparagraph is that the liability of the potentially 
     responsible party is for response costs based on paragraph 
     (3) or (4) of section 107(a) and the potentially responsible 
     party 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 a 
     facility listed on the National Priorities List--

       ``(I) municipal solid waste; or
       ``(II) municipal sewage sludge.

       ``(ii) Settlement amount.--

       ``(I) In general.--The President shall offer a settlement 
     to a party referred to in clause (i) with respect to 
     liability under paragraph (3) or (4) of section 107(a) on the 
     basis of a payment of $5.30 per ton of municipal solid waste 
     or municipal sewage sludge that the President estimates is 
     attributable to the party.
       ``(II) Revision.--

       ``(aa) In general.--The President, after consulting with 
     local government officials, may revise the per-ton rate by 
     regulation.
       ``(bb) Basis.--A revised settlement amount under item (aa) 
     shall reflect the estimated per-ton cost of closure and post-
     closure activities at a representative facility containing 
     only municipal solid waste or municipal sewage sludge.
       ``(iii) Adjustment for inflation.--The Administrator may by 
     guidance periodically adjust the settlement amounts under 
     clause (ii) to reflect changes in the Consumer Price Index 
     (or other appropriate index, as determined by the 
     Administrator).
       ``(iv) Other material.--

       ``(I) In general.--Notwithstanding clause (i), a 
     potentially responsible party that 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, municipal solid waste or municipal 
     sewage sludge and other material containing hazardous 
     substances shall be eligible for the per-ton settlement rate 
     provided in this subparagraph as to the municipal solid waste 
     or municipal sewage sludge only, if the potentially 
     responsible party demonstrates to the President's 
     satisfaction the quantity of the municipal solid waste and 
     municipal sewage sludge contributed by the party and the 
     quantity and composition of the other material containing 
     hazardous substances contributed by the party.
       ``(II) Parties eligible for de micromis exemption.--If a 
     potentially responsible party demonstrates to the President's 
     satisfaction that, with respect to the material other than 
     municipal solid waste or municipal sewage sludge contributed 
     by the party, the party qualifies for the de micromis 
     exemption under section 107(r), the party shall qualify for 
     the per-ton settlement rate under clause (ii) with respect to 
     its municipal solid waste and municipal sewage sludge in an 
     expedited settlement under this paragraph.
       ``(III) Parties eligible for expedited de minimis 
     settlement.--If a potentially responsible party demonstrates 
     to the satisfaction of the President that, with respect to 
     the material other than a municipal solid waste or municipal 
     sewage sludge contributed by the party, the party qualifies 
     for a de minimis settlement under subparagraph (B), the party 
     shall qualify for the per-ton settlement rate under clause 
     (ii) with respect to its municipal solid waste and municipal 
     sewage sludge at the time that the party agrees to an 
     expedited settlement under this paragraph with respect to its 
     de minimis contribution of other material containing 
     hazardous substances.
       ``(IV) Other parties.--If a party does not make the 
     demonstration under subclauses (II) and (III), the President 
     shall offer to resolve the party's liability with respect to 
     the municipal solid waste or municipal sewage sludge at the 
     per-ton settlement rate under clause (ii) at such time as the 
     party agrees to a settlement with respect to other material 
     containing hazardous substances on terms and conditions 
     acceptable to the President.

       ``(G) Municipality with limited ability to pay.--
       ``(i) In general.--The conditions stated in this 
     subparagraph are that the potentially responsible party is a 
     municipality and demonstrates to the President an inability 
     or a limited ability to pay response costs.
       ``(ii) Factors.--The President shall consider the inability 
     or limited ability to pay of a municipality to the extent 
     that the municipality provides necessary information with 
     respect to--

       ``(I) the general obligation bond rating and information 
     about the most recent bond issue for which the rating was 
     prepared;
       ``(II) the amount of total available funds (other than 
     dedicated funds or State assistance payments for remediation 
     of inactive hazardous waste sites);
       ``(III) the amount of total operating revenues (other than 
     obligated or encumbered revenues);
       ``(IV) the amount of total expenses;
       ``(V) the amount of total debt and debt service;
       ``(VI) per capita income and cost of living;
       ``(VII) real property values;
       ``(VIII) unemployment information; and
       ``(IX) population information.

       ``(iii) Evaluation of impact.--A municipality may also 
     submit for consideration by the President an evaluation of 
     the potential impact of the settlement on the provision of 
     municipal services and the feasibility of making delayed 
     payments or payments over a certain period of time.
       ``(iv) Risk of default or violation.--A municipality may 
     establish an inability to pay for purposes of this 
     subparagraph through an affirmative showing that payment of 
     its liability under this Act would--

       ``(I) create a substantial demonstrable risk that the 
     municipality would default on debt obligations existing as of 
     the time of the showing, be forced into bankruptcy, be forced 
     to dissolve, or be forced to make budgetary cutbacks that 
     would substantially reduce the level of protection of public 
     health and safety; or
       ``(II) necessitate a violation of legal requirements or 
     limitations of general applicability concerning the 
     assumption and maintenance of fiscal municipal obligations.

       ``(v) Other factors relevant to settlements with 
     municipalities.--In determining an appropriate settlement 
     amount with a municipality under this subparagraph, the 
     President may consider other relevant factors, including the 
     fair market value of any in-kind services that the 
     municipality may provide to support the response action at 
     the facility.
       ``(H) Applicability of expedited settlement requirements.--
       ``(i) In general.--The requirements set forth in 
     subparagraph (D) shall apply to settlements described in 
     subparagraphs (F) and (G).
       ``(ii) Other requirements.--The requirements set forth in 
     subparagraph (B)(ii) shall apply to settlements described in 
     subparagraph (F)(i)(II).''.

    TITLE IV--CLARIFICATION OF LIABILITY FOR RECYCLING TRANSACTIONS

     SEC. 401. RECYCLING TRANSACTIONS.

       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. 127. RECYCLING TRANSACTIONS.

       ``(a) Liability Clarification.--A person who arranged for 
     recycling of recyclable material in accordance with this 
     section shall not be liable under paragraph (3) or (4) of 
     section 107(a) with respect to the material.

[[Page S5844]]

       ``(b) Definition of Recyclable Material.--
       ``(1) In general.--In this section, the term `recyclable 
     material' means scrap paper, scrap plastic, scrap glass, 
     scrap textile, scrap rubber (other than whole tires), scrap 
     metal, or spent lead-acid, spent nickel-cadmium, and other 
     spent battery, as well as minor quantities of material 
     incident to or adhering to the scrap material as a result of 
     its normal and customary use prior to becoming scrap.
       ``(2) Exclusions.--The term `recyclable material` does not 
     include shipping containers of a capacity from 30 liters to 
     3,000 liters, whether intact or not, having any hazardous 
     substance (but not metal bits and pieces or hazardous 
     substances that form an integral part of the container) 
     contained in or adhering to the containers.
       ``(c) Transactions Involving Scrap Paper, Plastic, Glass, 
     Textiles, or Rubber.--A transaction involving scrap paper, 
     scrap plastic, scrap glass, scrap textile, or scrap rubber 
     (other than whole tires) shall be considered to be arranging 
     for recycling if the person who arranged for the transaction 
     (by selling recyclable material or otherwise arranging for 
     the recycling of recyclable material) demonstrates by a 
     preponderance of the evidence that all of the following 
     criteria were met at the time of the transaction:
       ``(1) The recyclable material met a commercial 
     specification grade.
       ``(2) A market existed for the recyclable material.
       ``(3) A substantial portion of the recyclable material was 
     made available for use as feedstock for the manufacture of a 
     new saleable product.
       ``(4) The recyclable material is a replacement or 
     substitute for a virgin raw material, or the product to be 
     made from the recyclable material is a replacement or 
     substitute for a product made, in whole or in part, from a 
     virgin raw material.
       ``(5) In the case of a transaction occurring 90 days or 
     more after the date of enactment of this section, the person 
     exercised reasonable care to determine that the facility 
     where the recyclable material was handled, processed, 
     reclaimed, or otherwise managed by another person (referred 
     to in this section as a `consuming facility') was in 
     compliance with substantive provisions of any Federal, State, 
     or local environmental law (including a regulation, 
     compliance order, or decree issued pursuant to the law) 
     applicable to the handling, processing, reclamation, storage, 
     or other management activities associated with recyclable 
     material.
       ``(6) For purposes of this subsection, reasonable care 
     shall be determined using criteria that include the 
     following:
       ``(A) The price paid in the recycling transaction.
       ``(B) The ability of the person to detect the nature of the 
     consuming facility's operations concerning its handling, 
     processing, reclamation, or other management activities 
     associated with recyclable material.
       ``(C) The result of inquiries made to appropriate Federal, 
     State, or local environmental agencies regarding the 
     consuming facility's past and current compliance with 
     substantive provisions of any Federal, State, or local 
     environmental law (including a regulation, compliance order, 
     or decree issued pursuant to the law) applicable to the 
     handling, processing, reclamation, storage, or other 
     management activities associated with the recyclable 
     material. For the purposes of this paragraph, a requirement 
     to obtain a permit applicable to the handling, processing, 
     reclamation, or other management activity associated with the 
     recyclable materials shall be considered to be a substantive 
     provision.
       ``(d) Transactions Involving Scrap Metal.--
       ``(1) In general.--A transaction involving scrap metal 
     shall be considered to be arranging for recycling if the 
     person who arranged for the transaction (by selling 
     recyclable material or otherwise arranging for the recycling 
     of recyclable material) demonstrates by a preponderance of 
     the evidence that (at the time of the transaction) the 
     person--
       ``(A) met the criteria set forth in subsection (c) with 
     respect to the scrap metal;
       ``(B) was in compliance with any applicable regulations or 
     standards regarding the storage, transport, management, or 
     other activities associated with the recycling of scrap metal 
     that the Administrator promulgates under the Solid Waste 
     Disposal Act (42 U.S.C. 6901 et seq.) subsequent to the date 
     of enactment of this section and with regard to transactions 
     occurring after the effective date of the regulations or 
     standards; and
       ``(C) did not melt the scrap metal prior to the 
     transaction.
       ``(2) Thermal separation.--For purposes of paragraph 
     (1)(C), melting of scrap metal does not include the thermal 
     separation of 2 or more materials due to differences in their 
     melting points.
       ``(3) Definition of scrap metal.--In this subsection, the 
     term `scrap metal' means bits and pieces of a metal part 
     (such as a bar, a turning, a rod, a sheet, and a wire) or a 
     metal piece that may be combined together with bolts or 
     soldering (resulting in items such as a radiator, scrap 
     automobile, or railroad box car), which when worn or 
     superfluous can be recycled, other than scrap metals that the 
     Administrator excludes from this paragraph by regulation.
       ``(e) Transactions Involving Batteries.--A transaction 
     involving a spent lead-acid battery, a spent nickel-cadmium 
     battery, or other spent battery shall be considered to be 
     arranging for recycling if the person who arranged for the 
     transaction (by selling recyclable material or otherwise 
     arranging for the recycling of recyclable material) 
     demonstrates by a preponderance of the evidence that at the 
     time of the transaction--
       ``(1) the person met the criteria set forth in subsection 
     (c) with respect to the spent lead-acid battery, spent 
     nickel-cadmium battery, or other spent battery, but the 
     person did not recover the valuable components of such 
     battery; and
       ``(2)(A) with respect to a transaction involving a lead-
     acid battery, the person was in compliance with applicable 
     Federal environmental law (including regulations and 
     standards), regarding the storage, transport, management, or 
     other activities associated with the recycling of the 
     battery;
       ``(B) with respect to a transaction involving a nickel-
     cadmium battery, the person was in compliance with applicable 
     Federal environmental law (including regulations and 
     standards) regarding the storage, transport, management, or 
     other activities associated with the recycling of the 
     battery; or
       ``(C) with respect to a transaction involving any other 
     spent battery, the person was in compliance with applicable 
     Federal environmental law (including regulations and 
     standards) regarding the storage, transport, management, or 
     other activities associated with the recycling of the 
     battery.
       ``(f) Exclusions.--
       ``(1) In general.--The exemptions set forth in subsections 
     (c), (d), and (e) shall not apply if--
       ``(A) the person had an objectively reasonable basis to 
     believe at the time of the recycling transaction that--
       ``(i) the recyclable material would not be recycled;
       ``(ii) the recyclable material would be burned as fuel, or 
     for energy recovery or incineration; or
       ``(iii) for a transaction occurring before the date that is 
     90 days after the date of the enactment of this section, the 
     consuming facility was not in compliance with a substantive 
     provision of any Federal, State, or local environmental law 
     (including a regulation, compliance order, or decree issued 
     pursuant to the law), applicable to the handling, processing, 
     reclamation, or other management activities associated with 
     the recyclable material;
       ``(B) the person had reason to believe that hazardous 
     substances had been added to the recyclable material for 
     purposes other than processing for recycling;
       ``(C) the person failed to exercise reasonable care with 
     respect to the management and handling of the recyclable 
     material (including adhering to customary industry practices 
     current at the time of the recycling transaction designed to 
     minimize, through source control, contamination of the 
     recyclable material by hazardous substances); or
       ``(D) with respect to any item of a recyclable material, 
     the item contained polychlorinated biphenyls at a 
     concentration in excess of 50 parts per million or any new 
     standard promulgated pursuant to applicable Federal law.
       ``(2) Objectively reasonable basis.--For purposes of this 
     subsection, an objectively reasonable basis for belief shall 
     be determined using criteria that include--
       ``(A) the size of the person's business;
       ``(B) customary industry practices (including customary 
     industry practices current at the time of the recycling 
     transaction designed to minimize, through source control, 
     contamination of the recyclable material by hazardous 
     substances);
       ``(C) the price paid in the recycling transaction; and
       ``(D) the ability of the person to detect the nature of the 
     consuming facility's operations concerning its handling, 
     processing, reclamation, or other management activities 
     associated with the recyclable material.
       ``(3) Permit.--For purposes of this subsection, a 
     requirement to obtain a permit applicable to the handling, 
     processing, reclamation, or other management activities 
     associated with recyclable material shall be considered to be 
     a substantive provision.
       ``(g) Effect on Other Liability.--Nothing in this section 
     affects the liability of a person with respect to materials 
     that are not recyclable materials (as defined in subsection 
     (b)) under paragraph (1), (2), (3), or (4).
       ``(h) Regulations.--The Administrator has the authority, 
     under section 115, to promulgate additional regulations 
     concerning this section.
       ``(i) Effect on Pending or Concluded Actions.--The 
     exemptions provided under this section shall not affect any 
     concluded judicial or administrative action or any pending 
     judicial action initiated by the United States prior to the 
     date of enactment of this section.
       ``(j) Liability for Attorney's Fees for Certain Actions.--
     Any person who commences an action in contribution against a 
     person who is not liable by operation of this section shall 
     be liable to that person for all reasonable costs of 
     defending that action, including all reasonable attorneys and 
     expert witness fees.
       ``(k) Relationship to Liability Under Other Laws.--Nothing 
     in this section affects--
       ``(1) liability under any other Federal, State, or local 
     law (including a regulation), including any requirements 
     promulgated by

[[Page S5845]]

     the Administrator under the Solid Waste Disposal Act (42 
     U.S.C. 6901 et seq.); or
       ``(2) the ability of the Administrator to promulgate 
     regulations under any other law, including the Solid Waste 
     Disposal Act.''.

                      TITLE V--BROWNFIELDS CLEANUP

     SEC. 501. BROWNFIELDS FUNDING.

       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. BROWNFIELDS FUNDING FOR STATE AND LOCAL 
                   GOVERNMENTS.

       ``(a) Brownfields Inventory and Assessment Grant Program.--
       ``(1) Establishment.--The Administrator shall establish a 
     program to award grants to States or local governments to 
     inventory brownfield sites and to conduct site assessments of 
     brownfield sites.
       ``(2) Scope of program.--
       ``(A) Grant awards.--To carry out this subsection, the 
     Administrator may, on approval of an application, provide 
     financial assistance to a State or local government.
       ``(B) Grant application procedure.--
       ``(i) In general.--The Administrator shall establish a 
     grant application procedure for this section.
       ``(ii) National contingency plan.--The Administrator may 
     include in the procedure established under clause (i) 
     requirements of the National Contingency Plan, to the extent 
     that those requirements are relevant and appropriate to the 
     program under this subsection.
       ``(C) Grant application.--An application for a grant under 
     this subsection shall include, to the extent practicable, 
     each of the following:
       ``(i) An identification of the brownfield sites for which 
     assistance is sought and a description of the effect of the 
     brownfield sites on the community, including a description of 
     the nature and extent of any known or suspected environmental 
     contamination within the areas in which eligible brownfield 
     sites are situated.
       ``(ii) A description of the need of the applicant for 
     financial assistance to inventory brownfield sites and 
     conduct site assessments.
       ``(iii) A demonstration of the potential of the grant 
     assistance to stimulate economic development, including the 
     extent to which the assistance would stimulate the 
     availability of other funds for site assessment, site 
     identification, or environmental remediation and subsequent 
     redevelopment of the areas in which eligible brownfield sites 
     are situated.
       ``(iv) A description of the local commitment as of the date 
     of the application, which shall include a community 
     involvement plan that demonstrates meaningful community 
     involvement.
       ``(v) A plan that demonstrates how the site assessment, 
     site identification, or environmental remediation and 
     subsequent development will be implemented, including--

       ``(I) an environmental plan that ensures the use of sound 
     environmental procedures;
       ``(II) an explanation of the appropriate government 
     authority and support for the project as in existence on the 
     date of the application;
       ``(III) proposed funding mechanisms for any additional 
     work; and
       ``(IV) a proposed land ownership plan.

       ``(vi) A statement describing the long-term benefits and 
     the sustainability of the proposed project that includes--

       ``(I) the ability of the project to be replicated 
     nationally and measures of success of the project; and
       ``(II) to the extent known, the potential of the plan for 
     each area in which an eligible brownfield site is situated to 
     stimulate economic development of the area on completion of 
     the environmental remediation.

       ``(vii) Such other factors as the Administrator considers 
     relevant to carry out this title.
       ``(D) Approval of application.--
       ``(i) In general.--In making a decision on whether to 
     approve an application under subparagraph (A), the 
     Administrator shall--

       ``(I) consider the need of the State or local government 
     for financial assistance to carry out this subsection;
       ``(II) consider the ability of the applicant to carry out 
     an inventory and site assessment under this subsection;
       ``(III) ensure a fair distribution of grant funds between 
     urban and nonurban areas; and
       ``(IV) consider such other factors as the Administrator 
     considers relevant to carry out this subsection.

       ``(ii) Grant conditions.--As a condition of awarding a 
     grant under this subsection, the Administrator may, on the 
     basis of the criteria considered under clause (i), attach 
     such conditions to the grant as the Administrator determines 
     appropriate.
       ``(E) Grant amount.--Subject to subparagraph (E), the 
     amount of a grant awarded to any State or local government 
     under this subsection for inventory and site assessment of 1 
     or more brownfield sites shall not exceed $200,000.
       ``(F) Waiver.--The Administrator may waive the limitation 
     on the amount of a grant under subparagraph (E) on the basis 
     of the anticipated level of contamination, size, status of 
     ownership, number of brownfield sites, or any other factor 
     relating to the facility that the Administrator considers 
     appropriate, taking into consideration the impact of the 
     increase on the Administrator's ability to provide grants at 
     other facilities.
       ``(G) Termination of grants.--If the Administrator 
     determines that a State or local government that receives a 
     grant under this subsection is in violation of a condition of 
     a grant referred to in subparagraph (D)(ii), the 
     Administrator may terminate the grant made to the State or 
     local government and require full or partial repayment of the 
     grant.
       ``(b) Grants and Loans for Cleanup of Brownfield Sites.--
       ``(1) Establishment.--The Administrator shall establish a 
     program to award grants to--
       ``(A) State or local governments to capitalize revolving 
     loan funds for the cleanup of brownfield sites; and
       ``(B) local governments that are not liable under section 
     107, in accordance with paragraph (3), for the purpose of 
     cleaning up brownfield sites.
       ``(2) Loans.--The loans may be provided by the State or 
     local government to finance cleanups of brownfield sites by 
     the State or local government, or by an owner or operator or 
     a prospective purchaser of a brownfield site (including a 
     local government) at which a cleanup is being conducted or is 
     proposed to be conducted.
       ``(3) Determination.--In determining whether to award a 
     grant under paragraph (1)(B), the Administrator shall 
     consider, in addition to other requirements of this 
     subsection--
       ``(A) the demonstrated financial need of the applicant for 
     a grant, including whether the applicant would be financially 
     able to repay a loan;
       ``(B) the extent to which the funds from the grant would be 
     used for the creation or preservation of undeveloped space or 
     for other nonprofit purposes; and
       ``(C) the benefits of a revolving loan program described in 
     paragraph (1)(A) in promoting the long-term availability of 
     funding for brownfields cleanups.
       ``(4) Scope of program.--
       ``(A) In general.--
       ``(i) Grants.--In carrying out this subsection, the 
     Administrator may award a grant to a State or local 
     government that submits an application to the Administrator 
     that is approved by the Administrator.
       ``(ii) Use of grant.--The grant shall be used--

       ``(I) by the State or local government to capitalize a 
     revolving loan fund to be used for cleanup of 1 or more 
     brownfield sites; or
       ``(II) in the case of a grant under paragraph (1)(B), by 
     the local government for cleanup of brownfield sites.

       ``(B) Grant application procedure.--
       ``(i) In general.--The Administrator shall establish a 
     grant application procedure for this subsection.
       ``(ii) Inclusions.--The procedure established under clause 
     (i)--

       ``(I) shall include criteria for grants under paragraph 
     (1)(B); and
       ``(II) may include requirements of the National Contingency 
     Plan, to the extent that those requirements are relevant and 
     appropriate to the program under this subsection.

       ``(C) Grant application for revolving loan funds.--An 
     application for a grant under this subsection to establish a 
     revolving loan fund, shall be in such form as the 
     Administrator determines appropriate, and shall include, at a 
     minimum, the following:
       ``(i) Evidence that the grant applicant has the financial 
     controls and resources to administer a revolving loan fund in 
     accordance with this subsection.
       ``(ii) Provisions that--

       ``(I) ensure that the grant applicant has the ability to 
     monitor the use of funds provided to loan recipients under 
     this subsection; and
       ``(II) ensure that any cleanup conducted by the applicant 
     is protective of human health and the environment.

       ``(iii) Identification of the criteria to be used by the 
     State or local government in providing for loans under the 
     program. The criteria shall include the financial standing of 
     the applicants for the loans, the use to which the loans will 
     be put, the provisions to be used to ensure repayment of the 
     loan funds.
       ``(iv) A complete description of the financial standing of 
     the applicant that includes a description of the assets, cash 
     flow, and liabilities of the applicant.
       ``(v) A written statement that attests that the cleanup of 
     the site would not occur without access to the revolving loan 
     fund.
       ``(vi) The proposed method, and anticipated period of time 
     required, to clean up the environmental contamination at the 
     brownfield site.
       ``(vii) An estimate of the proposed total cost of the 
     cleanup to be conducted at the brownfield site.
       ``(viii) An analysis that demonstrates the potential of the 
     brownfield site for stimulating economic development or other 
     beneficial use on completion of the cleanup of the brownfield 
     site.
       ``(5) Grant approval.--In determining whether to award a 
     grant under this subsection, the Administrator shall 
     consider, as applicable--
       ``(A) the need of the State or local government for 
     financial assistance to clean up brownfield sites that are 
     the subject of the application, taking into consideration the 
     financial resources available to the State or local 
     government;
       ``(B) the ability of the State or local government to 
     ensure that the applicants repay the loans in a timely 
     manner;

[[Page S5846]]

       ``(C) the extent to which the cleanup of the brownfield 
     site or sites would reduce health and environmental risks 
     caused by the release of contaminants at, or from, the 
     brownfield site or sites;
       ``(D) the demonstrable potential of the brownfield site or 
     sites for stimulating economic development on completion of 
     the cleanup;
       ``(E) the demonstrated ability of the State or local 
     government to administer such a loan program;
       ``(F) the demonstrated experience of the State or local 
     government regarding brownfield sites and the reuse of 
     contaminated land, including whether the government has 
     received any grant under this Act to assess brownfield sites, 
     except that applicants who have not previously received such 
     a grant may be considered for awards under this subsection;
       ``(G) the efficiency of having the loan administered by the 
     level of government represented by the applicant entity;
       ``(H) the experience of administering any loan programs by 
     the entity, including the loan repayment rates;
       ``(I) the demonstrations made regarding the ability of the 
     State or local government to ensure a fair distribution of 
     grant funds among brownfield sites within the jurisdiction of 
     the State or local government; and
       ``(J) such other factors as the Administrator considers 
     relevant to carry out this subsection.
       ``(6) Grant amount to capitalize revolving loan funds.--
       ``(A) In general.--Subject to subparagraph (B), the amount 
     of a grant to capitalize a revolving loan fund made to a 
     State or local applicant under this subsection shall not 
     exceed $500,000.
       ``(B) Waiver.--The Administrator may waive the limitation 
     on the amount of a grant under subparagraph (A) on the basis 
     of the anticipated level of contamination, size, status of 
     ownership, number of brownfield sites, or any other factor 
     relating to the facility that the Administrator considers 
     appropriate, taking into consideration the impact of the 
     increase on the Administrator's ability to provide grants at 
     other facilities.
       ``(7) Cleanup grant amount.--The amount of a grant made to 
     a local applicant under paragraph (1)(B) shall not exceed 
     $200,000.
       ``(8) Grant approval.--Each application for a grant to 
     capitalize a revolving loan fund under this subsection shall, 
     as a condition of approval by the Administrator, include a 
     written statement by the State or local government that 
     cleanups to be funded under this subsection shall be 
     conducted under the auspices of, and in compliance with--
       ``(A) the State voluntary cleanup program;
       ``(B) the State Superfund program; or
       ``(C) Federal law.
       ``(9) Grant agreements.--Each grant under this subsection 
     shall be made under a grant agreement that shall include, at 
     a minimum, provisions that ensure the following:
       ``(A) Compliance with law.--The grant recipient shall 
     include in all loan agreements a requirement that the loan 
     recipient shall comply with all laws applicable to the 
     cleanup and shall ensure that the cleanup is protective of 
     human health and the environment.
       ``(B) Repayment.--For grants made under paragraph (1)(A), 
     the State or local government shall require repayment of the 
     loan consistent with this subsection.
       ``(C) Use of funds.--
       ``(i) Revolving grants.--For grants made under paragraph 
     (1)(A), the State or local government shall use the funds, 
     including repayment of the principal and interest, solely for 
     purposes of establishing and capitalizing a loan program in 
     accordance with this subsection and of cleaning up the 
     environmental contamination at the brownfield site or sites.
       ``(ii) Cleanup grants.--For grants made under paragraph 
     (1)(B), the local government shall use the funds solely for 
     the purpose of cleaning up the environmental contamination at 
     the brownfield site or sites.
       ``(D) Repayment of funds.--For grants made under paragraph 
     (1)(A), the State or local government shall require in each 
     loan agreement, and take necessary steps to ensure, that the 
     loan recipient shall use the loan funds solely for the 
     purposes stated in subparagraph (C), and shall require the 
     return of any excess funds immediately on a determination by 
     the appropriate State or local official that the cleanup has 
     been completed.
       ``(E) Nontransferability.--For grants under paragraph 
     (1)(A) or (1)(B), the loan funds shall not be transferable, 
     unless the Administrator agrees to the transfer in writing.
       ``(F) Liens.--
       ``(i) Definitions.--In this subparagraph, the terms 
     `security interest' and `purchaser' have the meanings given 
     the terms in section 6323(h) of the Internal Revenue Code of 
     1986.
       ``(ii) Liens.--A lien in favor of the grant recipient shall 
     arise on the contaminated property subject to a loan under 
     this subsection.
       ``(iii) Coverage.--The lien shall cover all real property 
     included in the legal description of the property at the time 
     the loan agreement provided for in this subsection is signed, 
     and all rights to the property, and shall continue until the 
     terms and conditions of the loan agreement have been fully 
     satisfied.
       ``(iv) Timing.--The lien shall--

       ``(I) arise at the time a security interest is 
     appropriately recorded in the real property records of the 
     appropriate office of the State, county, or other 
     governmental subdivision, as designated by State law, in 
     which the real property subject to the lien is located; and
       ``(II) be subject to the rights of any purchaser, holder of 
     a security interest, or judgment lien creditor whose interest 
     is or has been perfected under applicable State law before 
     the notice has been filed in the appropriate office of the 
     State, county, or other governmental subdivision, as 
     designated by State law, in which the real property subject 
     to the lien is located.

       ``(G) Other conditions.--The State or local government 
     shall comply with such other terms and conditions as the 
     Administrator determines are necessary to protect the 
     financial interests of the United States and to protect human 
     health and the environment.
       ``(c) Reports.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and not later than January 31 of each 
     of the 3 calendar years thereafter, the Administrator shall 
     prepare and submit a report describing the results of each 
     program established under this title to--
       ``(A) the Committee on Environment and Public Works of the 
     Senate; and
       ``(B) the Committee on Commerce of the House of 
     Representatives.
       ``(2) Contents of Report.--Each report shall, with respect 
     to each of the programs established under this title, include 
     a description of--
       ``(A) the number of applications received by the 
     Administrator during the preceding calendar year;
       ``(B) the number of applications approved by the 
     Administrator during the preceding calendar year; and
       ``(C) the allocation of assistance under subsections (a) 
     and (b) among the States and local governments.
       ``(d) Limitations on Use of Funds.--
       ``(1) Excluded Facilities.--A grant for site inventory and 
     assessment under subsection (a) or to capitalize a revolving 
     loan fund or conduct a cleanup under subsection (b) may not 
     be used for any activity involving--
       ``(A) a facility that is the subject of a planned or an 
     ongoing response action under this Act, except for a facility 
     for which a preliminary assessment, site investigation, or 
     removal action has been completed and with respect to which 
     the Administrator has decided not to take further response 
     action, including cost recovery action;
       ``(B) a facility included, or proposed for inclusion, on 
     the National Priorities List maintained by the Administrator 
     under this Act;
       ``(C) a facility with respect to which a record of 
     decision, other than a no-action record of decision, has been 
     issued by the President under section 104 with respect to the 
     facility;
       ``(D) a 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), 6928(h)) to which a corrective action 
     permit or order has been issued or modified to require the 
     implementation of corrective measures;
       ``(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) a facility at which there has been a release of a 
     polychlorinated biphenyl and that is subject to the Toxic 
     Substances Control Act (15 U.S.C. 2601 et seq.);
       ``(G) a facility with respect to which an administrative or 
     judicial order or a consent decree requiring cleanup has been 
     issued or entered into by the President and is in effect 
     under--
       ``(i) this Act;
       ``(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.);
       ``(iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       ``(iv) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.); or
       ``(v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       ``(H) a facility at which assistance for response 
     activities may be 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 by section 
     9508 of the Internal Revenue Code of 1986; and
       ``(I) a facility owned or operated by a department, agency, 
     or instrumentality of the United States, except for land held 
     in trust by the United States for an Indian tribe.
       ``(2) Facility grants.--Notwithstanding paragraph (1), the 
     President may, on a facility-by-facility basis, allow a grant 
     under subsection (a) or (b) to be used for an activity 
     involving any facility or portion of a facility listed in 
     subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), 
     (G)(v), or (H) of paragraph (1).
       ``(3) Fines and cost-sharing.--A grant made under this 
     title may not be used to pay any fine or penalty owed to a 
     State or the Federal Government, or to meet any Federal cost-
     sharing requirement.
       ``(4) Other Limitations.--
       ``(A) In general.--Funds made available to a State or local 
     government under the grant programs established under 
     subsections (a) and (b) shall be used only to inventory and 
     assess brownfield sites as authorized by this title and for 
     capitalizing a revolving loan

[[Page S5847]]

     fund or cleanup of a brownfield site as authorized by this 
     title, respectively.
       ``(B) Responsibility for cleanup action.--Funds made 
     available under this title may not be used to relieve a local 
     government or State of the commitment or responsibilities of 
     the local government or State under State law to assist or 
     carry out cleanup actions at brownfield sites.
       ``(e) Regulations.--
       ``(1) In general.--The Administrator may issue such 
     regulations as are necessary to carry out this section.
       ``(2) Procedures and standards.--The regulations shall 
     include such procedures and standards as the Administrator 
     considers necessary, including procedures and standards for 
     evaluating an application for a grant or loan submitted under 
     this section.
       ``(f) Effect on Other Laws.--Nothing in this title affects 
     the liability or response authorities for environmental 
     contamination under any other law (including any regulation), 
     including--
       ``(1) this Act;
       ``(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.).''.

     SEC. 502. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING.

       (a) Research, Development, Demonstration, and Training.--
     Section 311 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9660) is 
     amended by striking subsection (c) and inserting the 
     following:
       ``(c) Hazardous Substance Research, Development, 
     Demonstration, and Training.--
       ``(1) In general.--The Administrator may conduct and, 
     through grants, cooperative agreements, contracts, and the 
     provision of technical assistance, may support, research, 
     development, demonstration, and training relating to the 
     detection, assessment, remediation, and evaluation of the 
     effects on and risks to human health and the environment from 
     hazardous substances.
       ``(2) Eligibility.--The Administrator may award grants and 
     cooperative agreements, or contracts or provide technical 
     assistance under this subsection to a State, Indian tribe, 
     consortium of Indian tribes, interstate agency, political 
     subdivision of a State, educational institution, or other 
     agency or organization for the development and implementation 
     of training, technology transfer, and information 
     dissemination programs to strengthen environmental response 
     activities, including enforcement, at the Federal, State, 
     tribal and local levels.
       ``(3) Requirements.--The Administrator may establish such 
     requirements for grants and cooperative agreements under this 
     subsection as the Administrator considers to be 
     appropriate.''.
       (b) Training and Technical Assistance.--Section 117 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9617) (as amended by section 
     203) is amended by adding at the end the following:
       ``(g) Financial Assistance for Training.--The Administrator 
     may provide training and technical assistance to individuals 
     and organizations, as appropriate to--
       ``(1) inventory and conduct assessments and cleanups of 
     brownfield sites; and
       ``(2) conduct response actions under this Act.''.

     SEC. 503. STATE VOLUNTARY CLEANUP PROGRAMS.

       Title I of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) (as amended by section 501) is amended by adding at the 
     end the following:

     ``SEC. 129. SUPPORT FOR STATE VOLUNTARY CLEANUP PROGRAMS.

       ``(a) EPA Assistance for States for State Voluntary 
     Response Programs.--The Administrator shall assist States to 
     establish and administer State voluntary response programs 
     that provide--
       ``(1) voluntary response actions that ensure adequate site 
     assessment and are protective of human health and the 
     environment;
       ``(2) opportunities for technical assistance (including 
     grants) for voluntary response actions;
       ``(3) meaningful opportunities for public participation on 
     issues that affect the community, which shall include prior 
     notice and opportunity for comment in the selection of 
     response actions and which may include involvement of State 
     and local health officials during site assessment;
       ``(4) streamlined procedures to ensure expeditious 
     voluntary response actions;
       ``(5) adequate oversight, enforcement authorities, 
     resources, and practices to--
       ``(A) ensure that voluntary response actions are protective 
     of human health and the environment, as provided in paragraph 
     (1), and are conducted in a timely manner in accordance with 
     a State-approved response action plan; and
       ``(B) ensure completion of response actions if the person 
     conducting the response action fails or refuses to complete 
     the necessary response activities that are protective of 
     human health and the environment, including operation and 
     maintenance or long-term monitoring activities;
       ``(6) mechanisms for the approval of a response action 
     plan; and
       ``(7) mechanisms for a certification or similar 
     documentation to the person that conducted the response 
     action indicating that the response is complete.
       ``(b) Grants for Development and Enhancement of State 
     Voluntary Response Programs and Reporting Requirement.--
       ``(1) Grants to states.--The Administrator shall provide 
     grants to States to develop or enhance State voluntary 
     response programs described in subsection (a).
       ``(2) Public record.--To assist the Administrator in 
     determining the needs of States for assistance under this 
     section, the Administrator shall encourage the States to 
     maintain a public record of facilities, by name and location, 
     that have been or are planned to be addressed under a State 
     voluntary response program.
       ``(3) Reporting requirement.--Not later than the end of the 
     first calendar year after the date of enactment of this 
     section, and annually thereafter, each State that receives 
     financial assistance under this section shall submit to the 
     Administrator a report describing the progress of the 
     voluntary response program of the State, including 
     information, with respect to that calendar year, on--
       ``(A) the number of sites, if any, undergoing voluntary 
     cleanup, including a separate description of the number of 
     sites in each stage of voluntary cleanup;
       ``(B) the number of sites, if any, entering voluntary 
     cleanup; and
       ``(C) the number of sites, if any, that received a 
     certification from the State indicating that a response 
     action is complete.''.

     SEC. 504. AUDITS.

       Section 111 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
     amended by adding at the end the following:
       ``(q) Audits.--
       ``(1) In General.--The Inspector General of the 
     Environmental Protection Agency shall audit a portion of the 
     grants awarded under section 129 to ensure that all funds are 
     used in a manner that is consistent with that section.
       ``(2) Future Grants.--The result of the audit shall be 
     taken into account in awarding any future grants to the State 
     or local government under that section.''.

                    TITLE VI--SETTLEMENT INCENTIVES

     SEC. 601. FAIRNESS IN SETTLEMENTS.

       Section 122 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9622) is 
     amended by adding at the end the following:
       ``(n) Fairness in Settlements.--
       ``(1) Assistance for cleanup settlements.--An agreement 
     under subsection (a) may, in the discretion of the President, 
     provide for payment of sums appropriated under section 111(s) 
     to pay a portion of the response costs at a facility in 
     accordance with section 122(b) where the President determines 
     there are parties that are insolvent, defunct, or otherwise 
     have a limited ability to pay, or based on other equitable 
     considerations.
       ``(2) Application toward cleanup settlement of sums 
     recovered in other settlements.--The President may enter into 
     settlements under paragraphs (3), subparagraphs (B), (C), 
     (F), and (G) of section 122(g)(1), and section 107(t) that 
     include terms providing for the disposition of the proceeds 
     of the settlements in a manner that is fair and reasonable, 
     including, as appropriate, the placement of settlement 
     proceeds in interest-bearing accounts to conduct or enable 
     other persons to conduct response actions at the facility.
       ``(3) Additional settlements based on ability to pay.--The 
     President shall have the authority to evaluate the ability to 
     pay of any potentially responsible party, and to enter into a 
     settlement with the party based on that party's ability to 
     pay.''.

                           TITLE VII--FUNDING

     SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       Section 111(a) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611(a)) 
     is amended in the first sentence by striking ``$8,500,000,000 
     for the 5-year period beginning on the date of enactment of 
     the Superfund Amendments and Reauthorization Act of 1986, and 
     not more than $5,100,000,000 for the period commencing 
     October 1, 1991, and ending September 30, 1994'' and 
     inserting ``$7,500,000,000 for the period beginning October 
     1, 1999, and ending September 30, 2004''.

     SEC. 702. FUNDING FOR CLEANUP SETTLEMENTS.

       Section 111 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
     amended--
       (1) in subsection (a), by inserting after paragraph (6) the 
     following:
       ``(7) Funding for cleanup settlements.--Payments toward 
     cleanup settlements under subsection (r) and section 
     122(n)(1).''; and
       (2) by adding at the end the following:
       ``(r) Mandatory Funding.--
       ``(1) In general.--Subject to paragraph (4), for the 
     purpose of contributing under section 122(n)(1) to a cleanup 
     settlement, there is made available for obligation from 
     amounts in the Hazardous Substance Superfund for each of 
     fiscal years 2000 through 2004, $200,000,000, to remain 
     available until expended
       ``(2) Effect on authority.--Nothing in this paragraph 
     affects the authority of the Administrator to forego recovery 
     of past costs.
       ``(3) Fiscal year funds.--Except in fiscal year 2000, if 
     the amounts made available under paragraph (1) available for 
     a fiscal year have been obligated, up to \1/2\ of the

[[Page S5848]]

     amounts made available under paragraph (1) for the next 
     fiscal year may be obligated.
       ``(4) Condition on availability.--An amount under paragraph 
     (1) may be made available for obligation for a fiscal year 
     only if the total amount appropriated for the fiscal year 
     under section 111(a) equals or exceeds $1,500,000,000.''.

     SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

       Section 111 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is 
     amended by striking subsection (m) and inserting the 
     following:
       ``(m) Agency for Toxic Substances and Disease Registry.--
     There shall be directly available to the Agency for Toxic 
     Substances and Disease Registry to be used for the purpose of 
     carrying out activities described in subsection (c)(4) and 
     section 104(i) not less than $75,000,000 for each of fiscal 
     years 2000 through 2004.''.

     SEC. 704. BROWNFIELDS.

       Section 111 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611) (as 
     amended by section 702) is amended by adding at the end the 
     following:
       ``(s) Authorization of Appropriations.--
       ``(1) Inventory and assessment program.--There is 
     authorized to be appropriated to carry out section 128(a) 
     $35,000,000 for each of fiscal years 2000 through 2004.
       ``(2) Grants for cleanup.--There is authorized to be 
     appropriated to carry out section 128(b) $60,000,000 for each 
     of fiscal years 2000 through 2004.
       ``(3) Voluntary Response Programs.--There is authorized to 
     be appropriated for assistance to States for voluntary 
     response programs under section 129(b) $15,000,000 for each 
     of the first 5 fiscal years beginning after the date of 
     enactment of this section.
       ``(4) Availability of funds.--The amounts appropriated 
     under this subsection shall remain available until 
     expended.''.

     SEC. 705. AUTHORIZATION OF APPROPRIATIONS FROM GENERAL 
                   REVENUES.

       Section 111(p) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9611(p)) 
     is amended by striking paragraph (1) and inserting the 
     following:
       ``(1) In general.--
       ``(A) Authorization.--There are authorized to be 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, to the Hazardous Substance Superfund, 
     $250,000,000 for each of fiscal years 2000 through 2004.
       ``(B) Appropriation in subsequent years.--In addition to 
     funds appropriated under subparagraph (A), there is 
     authorized to be appropriated to the Hazardous Substance 
     Superfund for each fiscal year described in subparagraph (A) 
     an amount equal to so much of the aggregate amount authorized 
     to be appropriated under subparagraph (A) as has not been 
     appropriated for any previous fiscal year.''.

     SEC. 706. WORKER TRAINING AND EDUCATION GRANTS.

       Section 111(c)(12) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9611(c)(12)) is amended--
       (1) by striking ``$10,000,000'' and inserting 
     ``$40,000,000''; and
       (2) by striking ``each of fiscal years 1987,'' and all that 
     follows through ``1994'' and inserting ``each of fiscal years 
     2000 through 2004''.

                        TITLE VIII--DEFINITIONS

     SEC. 801. DEFINITIONS.

       Section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as 
     amended by section 101(c)) is amended by adding at the end 
     the following:
       ``(40) Brownfield site.--The term `brownfield site' means a 
     facility that has or is suspected of having environmental 
     contamination that--
       ``(A) could prevent the timely use, development, reuse, or 
     redevelopment of the facility; and
       ``(B) is relatively limited in scope or severity and can be 
     comprehensively assessed and readily analyzed.
       ``(41) Contaminant.--The term ``contaminant'', for purposes 
     of section 128 and paragraph (44), includes any hazardous 
     substance.
       ``(42) Grant.--The term ``grant'' includes a cooperative 
     agreement.
       ``(43) Local government.--The term ``local government'' has 
     the meaning given the term ``unit of general local 
     government'' in section 102(a) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5302(a)), except that the 
     term includes an Indian tribe.
       ``(44) Site assessment.--
       ``(A) In general.--The term ``site assessment'', for 
     purposes of sections 128 and 129 and paragraph (35) means an 
     investigation that determines the nature and extent of a 
     release or potential release of a hazardous substance at a 
     brownfield site and meets the requirements of subparagraph 
     (B).
       ``(B) Investigation.--For the purposes of this paragraph, 
     an investigation that meets the requirements of this 
     subparagraph--
       ``(i) shall include--

       ``(I) an onsite evaluation; and
       ``(II) sufficient testing, sampling, and other field-data-
     gathering activities to accurately determine whether the 
     brownfield site is contaminated and the threats to human 
     health and the environment posed by the release of 
     contaminants at the brownfield site; and

       ``(ii) may include--

       ``(I) review of such information regarding the brownfield 
     site and previous uses as is available at the time of the 
     review; and
       ``(II) an offsite evaluation, if appropriate.

       ``(45) Municipal solid waste.--
       ``(A) In general.--The term `municipal solid waste' means--
       ``(i) waste material generated by a household (including a 
     single or multifamily residence); and
       ``(ii) waste material generated by a commercial, 
     institutional, or industrial source, to the extent that the 
     waste material--

       ``(I) is essentially the same as waste normally generated 
     by a household; or
       ``(II) is collected and disposed of with other municipal 
     solid waste or municipal sewage sludge as part of normal 
     municipal solid waste collection services, and, with respect 
     to each source from which the waste material is collected, 
     qualifies for a de micromis exemption under section 107(r).

       ``(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 
     (including pollution control) operations that is not 
     essentially the same as waste normally generated by 
     households.
       ``(46) Municipality.--
       ``(A) In general.--The term `municipality' means a 
     political subdivision of a State.
       ``(B) Inclusions.--The term `municipality' includes--
       ``(i) a city, county, village, town, township, borough, 
     parish, school, school district, sanitation district, water 
     district, or other public entity performing local 
     governmental functions; and
       ``(ii) a natural person acting in the capacity of an 
     official, employee, or agent of a political subdivision of a 
     State or an entity described in clause (i) in the performance 
     of governmental functions.
       ``(47) Owner, operator, or lessee of residential 
     property.--
       ``(A) In general.--The term `owner, operator, or lessee of 
     residential property' means a person that--
       ``(i) owns, operates, manages, or leases residential 
     property; and
       ``(ii) uses or allows the use of the residential property 
     exclusively for residential purposes.
       ``(B) Residential property.--For the purposes of 
     subparagraph (A) the term `residential property' means a 
     single or multifamily residence (including incidental 
     accessory land, buildings, or improvements) that is used 
     exclusively for residential purposes.
       ``(48) Small nonprofit organization.--The term `small 
     nonprofit organization' means an organization that, at the 
     time of disposal--
       ``(A) did not distribute any part of its income or profit 
     to its members, directors, or officers;
       ``(B) employed not more than 100 paid individuals at the 
     chapter, office, or department disposing of the waste; and
       ``(C) was an organization described in section 501(c) of 
     the Internal Revenue Code of 1986 that is exempt from 
     taxation under section 501(a) of the Internal Revenue Code of 
     1986.
       ``(49) Affiliate; affiliated.--The terms `affiliate' and 
     `affiliated' have the meanings that those terms have in 
     section 121.103 of title 13, Code of Federal Regulations (or 
     any successor regulation).
       ``(50) Municipal sewage sludge.--The term `municipal sewage 
     sludge' means solid, semisolid, or liquid residue removed 
     during the treatment of municipal wastewater, domestic 
     sewage, or other wastewater at or by publicly owned or 
     federally owned treatment works.''.

                            S. 1105--Summary


                    1. brownfields liability relief

       Finality for Buyers (limitation on liability for 
     prospective purchasers).
       Finality for Owners and Sellers (liability relief for 
     innocent landowners and contiguous property owners).


                         2. brownfields funding

       Grants to municipalities, states and tribes to assess 
     conditions at brownfields sites.
       Grants to municipalities, states and tribes to capitalize 
     revolving loan funds for cleanup of brownfields sites.
       Grants to states to develop and enhance state voluntary 
     cleanup programs.


                   3. small business liability relief

       Liability exemptions:
       De micromis (generators and transporters that send less 
     than 110 gallons of liquid material or less than 200 pounds 
     of solid material, or different amount determined by the 
     Administrator on a site-specific basis).
       Generators and transporters of municipal solid waste who 
     are small businesses, residential homeowners or small non-
     profits.
       Expedited settlement:
       De Minimis (presumed to be 1% or less of waste at site).
       Limited ability to pay.

[[Page S5849]]

        4. clarification of liability for recycling transactions

       Exemption for generators and transporters of recyclable 
     material, as provided in the Lott/Daschle bill in the 105th, 
     and endorsed buy ISRI, environmental groups, the 
     Administration and others.


 5. relief for generators and transporters of municipal waste and for 
                     municipal owners of landfills

       Cap on liability of generators and transporters of 
     municipal solid waste and sewage sludge, and of 
     municipalities that own or operate municipal landfills on the 
     NPL, per EPA 1998 policy that was negotiated with and has the 
     support of several municipal representatives (including 
     National Association of Counties, National League of Cities): 
     expedited settlement based on dollar per ton limits, for 
     generators and transporters; percentage of total costs cap 
     for owners and operators.


                               6. funding

       Authorization levels consistent with recent years and, 
     consistent with past, majority of funding from the Superfund 
     trust fund, with $250 million from general revenues.
       EPA continue to provide orphan funding as incentive for 
     parties to enter into cleanup settlements.
                                 ______