US (United States) Code. Title 42: Chapter 103: Comprehensive environmental. Subchapter I: Hazardous substances

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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publicidad

-CITE-

42 USC Sec. 9612 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9612. Claims procedure

-STATUTE-

(a) Claims against Fund for response costs

No claim may be asserted against the Fund pursuant to section

9611(a) of this title unless such claim is presented in the first

instance to the owner, operator, or guarantor of the vessel or

facility from which a hazardous substance has been released, if

known to the claimant, and to any other person known to the

claimant who may be liable under section 9607 of this title. In any

case where the claim has not been satisfied within 60 days of

presentation in accordance with this subsection, the claimant may

present the claim to the Fund for payment. No claim against the

Fund may be approved or certified during the pendency of an action

by the claimant in court to recover costs which are the subject of

the claim.

(b) Forms and procedures applicable

(1) Prescribing forms and procedures

The President shall prescribe appropriate forms and procedures

for claims filed hereunder, which shall include a provision

requiring the claimant to make a sworn verification of the claim

to the best of his knowledge. Any person who knowingly gives or

causes to be given any false information as a part of any such

claim shall, upon conviction, be fined in accordance with the

applicable provisions of title 18 or imprisoned for not more than

3 years (or not more than 5 years in the case of a second or

subsequent conviction), or both.

(2) Payment or request for hearing

The President may, if satisfied that the information developed

during the processing of the claim warrants it, make and pay an

award of the claim, except that no claim may be awarded to the

extent that a judicial judgment has been made on the costs that

are the subject of the claim. If the President declines to pay

all or part of the claim, the claimant may, within 30 days after

receiving notice of the President's decision, request an

administrative hearing.

(3) Burden of proof

In any proceeding under this subsection, the claimant shall

bear the burden of proving his claim.

(4) Decisions

All administrative decisions made hereunder shall be in

writing, with notification to all appropriate parties, and shall

be rendered within 90 days of submission of a claim to an

administrative law judge, unless all the parties to the claim

agree in writing to an extension or unless the President, in his

discretion, extends the time limit for a period not to exceed

sixty days.

(5) Finality and appeal

All administrative decisions hereunder shall be final, and any

party to the proceeding may appeal a decision within 30 days of

notification of the award or decision. Any such appeal shall be

made to the Federal district court for the district where the

release or threat of release took place. In any such appeal, the

decision shall be considered binding and conclusive, and shall

not be overturned except for arbitrary or capricious abuse of

discretion.

(6) Payment

Within 20 days after the expiration of the appeal period for

any administrative decision concerning an award, or within 20

days after the final judicial determination of any appeal taken

pursuant to this subsection, the President shall pay any such

award from the Fund. The President shall determine the method,

terms, and time of payment.

(c) Subrogation rights; actions maintainable

(1) Payment of any claim by the Fund under this section shall be

subject to the United States Government acquiring by subrogation

the rights of the claimant to recover those costs of removal or

damages for which it has compensated the claimant from the person

responsible or liable for such release.

(2) Any person, including the Fund, who pays compensation

pursuant to this chapter to any claimant for damages or costs

resulting from a release of a hazardous substance shall be

subrogated to all rights, claims, and causes of action for such

damages and costs of removal that the claimant has under this

chapter or any other law.

(3) Upon request of the President, the Attorney General shall

commence an action on behalf of the Fund to recover any

compensation paid by the Fund to any claimant pursuant to this

subchapter, and, without regard to any limitation of liability, all

interest, administrative and adjudicative costs, and attorney's

fees incurred by the Fund by reason of the claim. Such an action

may be commenced against any owner, operator, or guarantor, or

against any other person who is liable, pursuant to any law, to the

compensated claimant or to the Fund, for the damages or costs for

which compensation was paid.

(d) Statute of limitations

(1) Claims for recovery of costs

No claim may be presented under this section for recovery of

the costs referred to in section 9607(a) of this title after the

date 6 years after the date of completion of all response action.

(2) Claims for recovery of damages

No claim may be presented under this section for recovery of

the damages referred to in section 9607(a) of this title unless

the claim is presented within 3 years after the later of the

following:

(A) The date of the discovery of the loss and its connection

with the release in question.

(B) The date on which final regulations are promulgated under

section 9651(c) of this title.

(3) Minors and incompetents

The time limitations contained herein shall not begin to run -

(A) against a minor until the earlier of the date when such

minor reaches 18 years of age or the date on which a legal

representative is duly appointed for the minor, or

(B) against an incompetent person until the earlier of the

date on which such person's incompetency ends or the date on

which a legal representative is duly appointed for such

incompetent person.

(e) Other statutory or common law claims not waived, etc.

Regardless of any State statutory or common law to the contrary,

no person who asserts a claim against the Fund pursuant to this

subchapter shall be deemed or held to have waived any other claim

not covered or assertable against the Fund under this subchapter

arising from the same incident, transaction, or set of

circumstances, nor to have split a cause of action. Further, no

person asserting a claim against the Fund pursuant to this

subchapter shall as a result of any determination of a question of

fact or law made in connection with that claim be deemed or held to

be collaterally estopped from raising such question in connection

with any other claim not covered or assertable against the Fund

under this subchapter arising from the same incident, transaction,

or set of circumstances.

(f) Double recovery prohibited

Where the President has paid out of the Fund for any response

costs or any costs specified under section 9611(c)(1) or (2) of

this title, no other claim may be paid out of the Fund for the same

costs.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 112, Dec. 11, 1980, 94 Stat. 2792;

Pub. L. 99-499, title I, Secs. 109(a)(3), 112, Oct. 17, 1986, 100

Stat. 1633, 1646.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-499, Sec. 112(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"All claims which may be asserted against the Fund pursuant to

section 9611 of this title shall be presented in the first instance

to the owner, operator, or guarantor of the vessel or facility from

which a hazardous substance has been released, if known to the

claimant, and to any other person known to the claimant who may be

liable under section 9607 of this title. In any case where the

claim has not been satisfied within sixty days of presentation in

accordance with this subsection, the claimant may elect to commence

an action in court against such owner, operator, guarantor, or

other person or to present the claim to the Fund for payment."

Subsec. (b)(1). Pub. L. 99-499, Sec. 112(b), added heading.

Pub. L. 99-499, Sec. 109(a)(3), substituted "in accordance with

the applicable provisions of title 18 or imprisoned for not more

than 3 years (or not more than 5 years in the case of a second or

subsequent conviction), or both" for "up to $5,000 or imprisoned

for not more than one year, or both".

Subsec. (b)(2) to (6). Pub. L. 99-499, Sec. 112(b), added pars.

(2) to (6) and struck out former pars. (2) to (4) which related to

the settlement and arbitration of claims against liable persons and

against the Fund.

Subsec. (d). Pub. L. 99-499, Sec. 112(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "No

claim may be presented, nor may an action be commenced for damages

under this subchapter, unless that claim is presented or action

commenced within three years from the date of the discovery of the

loss or December 11, 1980, whichever is later: Provided, however,

That the time limitations contained herein shall not begin to run

against a minor until he reaches eighteen years of age or a legal

representative is duly appointed for him, nor against an

incompetent person until his incompetency ends or a legal

representative is duly appointed for him."

Subsec. (f). Pub. L. 99-499, Sec. 112(d), added subsec. (f).

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9607, 9611 of this title.

-End-

-CITE-

42 USC Sec. 9613 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9613. Civil proceedings

-STATUTE-

(a) Review of regulations in Circuit Court of Appeals of the United

States for the District of Columbia

Review of any regulation promulgated under this chapter may be

had upon application by any interested person only in the Circuit

Court of Appeals of the United States for the District of Columbia.

Any such application shall be made within ninety days from the date

of promulgation of such regulations. Any matter with respect to

which review could have been obtained under this subsection shall

not be subject to judicial review in any civil or criminal

proceeding for enforcement or to obtain damages or recovery of

response costs.

(b) Jurisdiction; venue

Except as provided in subsections (a) and (h) of this section,

the United States district courts shall have exclusive original

jurisdiction over all controversies arising under this chapter,

without regard to the citizenship of the parties or the amount in

controversy. Venue shall lie in any district in which the release

or damages occurred, or in which the defendant resides, may be

found, or has his principal office. For the purposes of this

section, the Fund shall reside in the District of Columbia.

(c) Controversies or other matters resulting from tax collection or

tax regulation review

The provisions of subsections (a) and (b) of this section shall

not apply to any controversy or other matter resulting from the

assessment of collection of any tax, as provided by subchapter II

(!1) of this chapter, or to the review of any regulation

promulgated under title 26.

(d) Litigation commenced prior to December 11, 1980

No provision of this chapter shall be deemed or held to moot any

litigation concerning any release of any hazardous substance, or

any damages associated therewith, commenced prior to December 11,

1980.

(e) Nationwide service of process

In any action by the United States under this chapter, process

may be served in any district where the defendant is found,

resides, transacts business, or has appointed an agent for the

service of process.

(f) Contribution

(1) Contribution

Any person may seek contribution from any other person who is

liable or potentially liable under section 9607(a) of this title,

during or following any civil action under section 9606 of this

title or under section 9607(a) of this title. Such claims shall

be brought in accordance with this section and the Federal Rules

of Civil Procedure, and shall be governed by Federal law. In

resolving contribution claims, the court may allocate response

costs among liable parties using such equitable factors as the

court determines are appropriate. Nothing in this subsection

shall diminish the right of any person to bring an action for

contribution in the absence of a civil action under section 9606

of this title or section 9607 of this title.

(2) Settlement

A person who has resolved its liability to the United States or

a State in an administrative or judicially approved settlement

shall not be liable for claims for contribution regarding matters

addressed in the settlement. Such settlement does not discharge

any of the other potentially liable persons unless its terms so

provide, but it reduces the potential liability of the others by

the amount of the settlement.

(3) Persons not party to settlement

(A) If the United States or a State has obtained less than

complete relief from a person who has resolved its liability to

the United States or the State in an administrative or judicially

approved settlement, the United States or the State may bring an

action against any person who has not so resolved its liability.

(B) A person who has resolved its liability to the United

States or a State for some or all of a response action or for

some or all of the costs of such action in an administrative or

judicially approved settlement may seek contribution from any

person who is not party to a settlement referred to in paragraph

(2).

(C) In any action under this paragraph, the rights of any

person who has resolved its liability to the United States or a

State shall be subordinate to the rights of the United States or

the State. Any contribution action brought under this paragraph

shall be governed by Federal law.

(g) Period in which action may be brought

(1) Actions for natural resource damages

Except as provided in paragraphs (3) and (4), no action may be

commenced for damages (as defined in section 9601(6) of this

title) under this chapter, unless that action is commenced within

3 years after the later of the following:

(A) The date of the discovery of the loss and its connection

with the release in question.

(B) The date on which regulations are promulgated under

section 9651(c) of this title.

With respect to any facility listed on the National Priorities

List (NPL), any Federal facility identified under section 9620 of

this title (relating to Federal facilities), or any vessel or

facility at which a remedial action under this chapter is

otherwise scheduled, an action for damages under this chapter

must be commenced within 3 years after the completion of the

remedial action (excluding operation and maintenance activities)

in lieu of the dates referred to in subparagraph (A) or (B). In

no event may an action for damages under this chapter with

respect to such a vessel or facility be commenced (i) prior to 60

days after the Federal or State natural resource trustee provides

to the President and the potentially responsible party a notice

of intent to file suit, or (ii) before selection of the remedial

action if the President is diligently proceeding with a remedial

investigation and feasibility study under section 9604(b) of this

title or section 9620 of this title (relating to Federal

facilities). The limitation in the preceding sentence on

commencing an action before giving notice or before selection of

the remedial action does not apply to actions filed on or before

October 17, 1986.

(2) Actions for recovery of costs

An initial action for recovery of the costs referred to in

section 9607 of this title must be commenced -

(A) for a removal action, within 3 years after completion of

the removal action, except that such cost recovery action must

be brought within 6 years after a determination to grant a

waiver under section 9604(c)(1)(C) of this title for continued

response action; and

(B) for a remedial action, within 6 years after initiation of

physical on-site construction of the remedial action, except

that, if the remedial action is initiated within 3 years after

the completion of the removal action, costs incurred in the

removal action may be recovered in the cost recovery action

brought under this subparagraph.

In any such action described in this subsection, the court shall

enter a declaratory judgment on liability for response costs or

damages that will be binding on any subsequent action or actions

to recover further response costs or damages. A subsequent action

or actions under section 9607 of this title for further response

costs at the vessel or facility may be maintained at any time

during the response action, but must be commenced no later than 3

years after the date of completion of all response action. Except

as otherwise provided in this paragraph, an action may be

commenced under section 9607 of this title for recovery of costs

at any time after such costs have been incurred.

(3) Contribution

No action for contribution for any response costs or damages

may be commenced more than 3 years after -

(A) the date of judgment in any action under this chapter for

recovery of such costs or damages, or

(B) the date of an administrative order under section 9622(g)

of this title (relating to de minimis settlements) or 9622(h)

of this title (relating to cost recovery settlements) or entry

of a judicially approved settlement with respect to such costs

or damages.

(4) Subrogation

No action based on rights subrogated pursuant to this section

by reason of payment of a claim may be commenced under this

subchapter more than 3 years after the date of payment of such

claim.

(5) Actions to recover indemnification payments

Notwithstanding any other provision of this subsection, where a

payment pursuant to an indemnification agreement with a response

action contractor is made under section 9619 of this title, an

action under section 9607 of this title for recovery of such

indemnification payment from a potentially responsible party may

be brought at any time before the expiration of 3 years from the

date on which such payment is made.

(6) Minors and incompetents

The time limitations contained herein shall not begin to run -

(A) against a minor until the earlier of the date when such

minor reaches 18 years of age or the date on which a legal

representative is duly appointed for such minor, or

(B) against an incompetent person until the earlier of the

date on which such incompetent's incompetency ends or the date

on which a legal representative is duly appointed for such

incompetent.

(h) Timing of review

No Federal court shall have jurisdiction under Federal law other

than under section 1332 of title 28 (relating to diversity of

citizenship jurisdiction) or under State law which is applicable or

relevant and appropriate under section 9621 of this title (relating

to cleanup standards) to review any challenges to removal or

remedial action selected under section 9604 of this title, or to

review any order issued under section 9606(a) of this title, in any

action except one of the following:

(1) An action under section 9607 of this title to recover

response costs or damages or for contribution.

(2) An action to enforce an order issued under section 9606(a)

of this title or to recover a penalty for violation of such

order.

(3) An action for reimbursement under section 9606(b)(2) of

this title.

(4) An action under section 9659 of this title (relating to

citizens suits) alleging that the removal or remedial action

taken under section 9604 of this title or secured under section

9606 of this title was in violation of any requirement of this

chapter. Such an action may not be brought with regard to a

removal where a remedial action is to be undertaken at the site.

(5) An action under section 9606 of this title in which the

United States has moved to compel a remedial action.

(i) Intervention

In any action commenced under this chapter or under the Solid

Waste Disposal Act [42 U.S.C. 6901 et seq.] in a court of the

United States, any person may intervene as a matter of right when

such person claims an interest relating to the subject of the

action and is so situated that the disposition of the action may,

as a practical matter, impair or impede the person's ability to

protect that interest, unless the President or the State shows that

the person's interest is adequately represented by existing

parties.

(j) Judicial review

(1) Limitation

In any judicial action under this chapter, judicial review of

any issues concerning the adequacy of any response action taken

or ordered by the President shall be limited to the

administrative record. Otherwise applicable principles of

administrative law shall govern whether any supplemental

materials may be considered by the court.

(2) Standard

In considering objections raised in any judicial action under

this chapter, the court shall uphold the President's decision in

selecting the response action unless the objecting party can

demonstrate, on the administrative record, that the decision was

arbitrary and capricious or otherwise not in accordance with law.

(3) Remedy

If the court finds that the selection of the response action

was arbitrary and capricious or otherwise not in accordance with

law, the court shall award (A) only the response costs or damages

that are not inconsistent with the national contingency plan, and

(B) such other relief as is consistent with the National

Contingency Plan.

(4) Procedural errors

In reviewing alleged procedural errors, the court may disallow

costs or damages only if the errors were so serious and related

to matters of such central relevance to the action that the

action would have been significantly changed had such errors not

been made.

(k) Administrative record and participation procedures

(1) Administrative record

The President shall establish an administrative record upon

which the President shall base the selection of a response

action. The administrative record shall be available to the

public at or near the facility at issue. The President also may

place duplicates of the administrative record at any other

location.

(2) Participation procedures

(A) Removal action

The President shall promulgate regulations in accordance with

chapter 5 of title 5 establishing procedures for the

appropriate participation of interested persons in the

development of the administrative record on which the President

will base the selection of removal actions and on which

judicial review of removal actions will be based.

(B) Remedial action

The President shall provide for the participation of

interested persons, including potentially responsible parties,

in the development of the administrative record on which the

President will base the selection of remedial actions and on

which judicial review of remedial actions will be based. The

procedures developed under this subparagraph shall include, at

a minimum, each of the following:

(i) Notice to potentially affected persons and the public,

which shall be accompanied by a brief analysis of the plan

and alternative plans that were considered.

(ii) A reasonable opportunity to comment and provide

information regarding the plan.

(iii) An opportunity for a public meeting in the affected

area, in accordance with section 9617(a)(2) of this title

(relating to public participation).

(iv) A response to each of the significant comments,

criticisms, and new data submitted in written or oral

presentations.

(v) A statement of the basis and purpose of the selected

action.

For purposes of this subparagraph, the administrative record

shall include all items developed and received under this

subparagraph and all items described in the second sentence of

section 9617(d) of this title. The President shall promulgate

regulations in accordance with chapter 5 of title 5 to carry

out the requirements of this subparagraph.

(C) Interim record

Until such regulations under subparagraphs (A) and (B) are

promulgated, the administrative record shall consist of all

items developed and received pursuant to current procedures for

selection of the response action, including procedures for the

participation of interested parties and the public. The

development of an administrative record and the selection of

response action under this chapter shall not include an

adjudicatory hearing.

(D) Potentially responsible parties

The President shall make reasonable efforts to identify and

notify potentially responsible parties as early as possible

before selection of a response action. Nothing in this

paragraph shall be construed to be a defense to liability.

(l) Notice of actions

Whenever any action is brought under this chapter in a court of

the United States by a plaintiff other than the United States, the

plaintiff shall provide a copy of the complaint to the Attorney

General of the United States and to the Administrator of the

Environmental Protection Agency.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 113, Dec. 11, 1980, 94 Stat. 2795;

Pub. L. 99-499, title I, Sec. 113, Oct. 17, 1986, 100 Stat. 1647;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of this chapter, referred to in subsec. (c), was in

the original "title II of this Act", meaning title II of Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous

Substance Response Revenue Act of 1980, which enacted subchapter II

of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682

of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of

Pub. L. 96-510, which were classified to sections 9631 to 9633 and

9641 of this title, comprising subchapter II of this chapter, were

repealed by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct.

17, 1986, 100 Stat. 1767, 1774. For complete classification of

title II to the Code, see Short Title of 1980 Amendment note set

out under section 1 of Title 26 and Tables.

The Federal Rules of Civil Procedure, referred to in subsec.

(f)(1), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

The Solid Waste Disposal Act, referred to in subsec. (i), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-499, Sec. 113(c)(1), substituted

"subsections (a) and (h)" for "subsection (a)".

Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue Code of

1986" for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

Subsecs. (e) to (l). Pub. L. 99-499, Sec. 113(a), (b), (c)(2),

added subsecs. (e) to (l).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9607, 9659 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9614 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9614. Relationship to other law

-STATUTE-

(a) Additional State liability or requirements with respect to

release of substances within State

Nothing in this chapter shall be construed or interpreted as

preempting any State from imposing any additional liability or

requirements with respect to the release of hazardous substances

within such State.

(b) Recovery under other State or Federal law of compensation for

removal costs or damages, or payment of claims

Any person who receives compensation for removal costs or damages

or claims pursuant to this chapter shall be precluded from

recovering compensation for the same removal costs or damages or

claims pursuant to any other State or Federal law. Any person who

receives compensation for removal costs or damages or claims

pursuant to any other Federal or State law shall be precluded from

receiving compensation for the same removal costs or damages or

claims as provided in this chapter.

(c) Recycled oil

(1) Service station dealers, etc.

No person (including the United States or any State) may

recover, under the authority of subsection (a)(3) or (a)(4) of

section 9607 of this title, from a service station dealer for any

response costs or damages resulting from a release or threatened

release of recycled oil, or use the authority of section 9606 of

this title against a service station dealer other than a person

described in subsection (a)(1) or (a)(2) of section 9607 of this

title, if such recycled oil -

(A) is not mixed with any other hazardous substance, and

(B) is stored, treated, transported, or otherwise managed in

compliance with regulations or standards promulgated pursuant

to section 3014 of the Solid Waste Disposal Act [42 U.S.C.

6935] and other applicable authorities.

Nothing in this paragraph shall affect or modify in any way the

obligations or liability of any person under any other provision

of State or Federal law, including common law, for damages,

injury, or loss resulting from a release or threatened release of

any hazardous substance or for removal or remedial action or the

costs of removal or remedial action.

(2) Presumption

Solely for the purposes of this subsection, a service station

dealer may presume that a small quantity of used oil is not mixed

with other hazardous substances if it -

(A) has been removed from the engine of a light duty motor

vehicle or household appliances by the owner of such vehicle or

appliances, and

(B) is presented, by such owner, to the dealer for

collection, accumulation, and delivery to an oil recycling

facility.

(3) Definition

For purposes of this subsection, the terms "used oil" and

"recycled oil" have the same meanings as set forth in sections

1004(36) and 1004(37) of the Solid Waste Disposal Act [42 U.S.C.

6903(36), (37)] and regulations promulgated pursuant to that Act

[42 U.S.C. 6901 et seq.].

(4) Effective date

The effective date of paragraphs (1) and (2) of this subsection

shall be the effective date of regulations or standards

promulgated under section 3014 of the Solid Waste Disposal Act

[42 U.S.C. 6935] that include, among other provisions, a

requirement to conduct corrective action to respond to any

releases of recycled oil under subtitle C or subtitle I of such

Act [42 U.S.C. 6921 et seq., 6991 et seq.].

(d) Financial responsibility of owner or operator of vessel or

facility under State or local law, rule, or regulation

Except as provided in this subchapter, no owner or operator of a

vessel or facility who establishes and maintains evidence of

financial responsibility in accordance with this subchapter shall

be required under any State or local law, rule, or regulation to

establish or maintain any other evidence of financial

responsibility in connection with liability for the release of a

hazardous substance from such vessel or facility. Evidence of

compliance with the financial responsibility requirements of this

subchapter shall be accepted by a State in lieu of any other

requirement of financial responsibility imposed by such State in

connection with liability for the release of a hazardous substance

from such vessel or facility.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 114, Dec. 11, 1980, 94 Stat. 2795;

Pub. L. 99-499, title I, Sec. 114(a), Oct. 17, 1986, 100 Stat.

1652.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c)(3), (4),

is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as

amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90

Stat. 2795, which is classified generally to chapter 82 (Sec. 6901

et seq.) of this title. Subtitles C and I of the Solid Waste

Disposal Act are classified generally to subchapters III (Sec. 6921

et seq.) and IX (Sec. 6991 et seq.), respectively, of chapter 82 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-499 amended subsec. (c) generally.

Prior to amendment, subsec. (c) read as follows: "Except as

provided in this chapter, no person may be required to contribute

to any fund, the purpose of which is to pay compensation for claims

for any costs of response or damages or claims which may be

compensated under this subchapter. Nothing in this section shall

preclude any State from using general revenues for such a fund, or

from imposing a tax or fee upon any person or upon any substance in

order to finance the purchase or prepositioning of hazardous

substance response equipment or other preparations for the response

to a release of hazardous substances which affects such State."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9601, 9607 of this title.

-End-

-CITE-

42 USC Sec. 9615 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9615. Presidential delegation and assignment of duties or

powers and promulgation of regulations

-STATUTE-

The President is authorized to delegate and assign any duties or

powers imposed upon or assigned to him and to promulgate any

regulations necessary to carry out the provisions of this

subchapter.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 115, Dec. 11, 1980, 94 Stat. 2796.)

-EXEC-

EX. ORD. NO. 12580. SUPERFUND IMPLEMENTATION

Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as amended by

Ex. Ord. No. 12777, Sec. 1(a), Oct. 18, 1991, 56 F.R. 54757; Ex.

Ord. No. 13016, Aug. 28, 1996, 61 F.R. 45871; Ex. Ord. No. 13286,

Sec. 43, Feb. 28, 2003, 68 F.R. 10627, provided:

By the authority vested in me as President of the United States

of America by Section 115 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, as amended (42

U.S.C. 9615 et seq.) ("the Act"), and by Section 301 of Title 3 of

the United States Code, it is hereby ordered as follows:

Section 1. National Contingency Plan. (a)(1) The National

Contingency Plan ("the NCP"), shall provide for a National Response

Team ("the NRT") composed of representatives of appropriate Federal

departments and agencies for national planning and coordination of

preparedness and response actions, and Regional Response Teams as

the regional counterparts to the NRT for planning and coordination

of regional preparedness and response actions.

(2) The following agencies (in addition to other appropriate

agencies) shall provide representatives to the National and

Regional Response Teams to carry out their responsibilities under

the NCP: Department of State, Department of Defense, Department of

Justice, Department of the Interior, Department of Agriculture,

Department of Commerce, Department of Labor, Department of Health

and Human Services, Department of Transportation, Department of

Energy, Department of Homeland Security, Environmental Protection

Agency,, [sic] United States Coast Guard, and the Nuclear

Regulatory Commission.

(3) Except for periods of activation because of response action,

the representative of the Environmental Protection Agency ("EPA")

shall be the chairman, and the representative of the United States

Coast Guard shall be the vice chairman, of the NRT and these

agencies' representatives shall be co-chairs of the Regional

Response Teams ("the RRTs"). When the NRT or an RRT is activated

for a response action, the EPA representative shall be the chairman

when the release or threatened release or discharge or threatened

discharge occurs in the inland zone, and the United States Coast

Guard representative shall be the chairman when the release or

threatened release or discharge or threatened discharge occurs in

the coastal zone, unless otherwise agreed upon by the EPA and the

United States Coast Guard representatives (inland and coastal zones

are defined in the NCP).

(4) The RRTs may include representatives from State governments,

local governments (as agreed upon by the States), and Indian tribal

governments. Subject to the functions and authorities delegated to

Executive departments and agencies in other sections of this order,

the NRT shall provide policy and program direction to the RRTs.

(b)(1) The responsibility for the revision of the NCP and all the

other functions vested in the President by Sections 105(a), (b),

(c), and (g), 125, and 301(f) of the Act [42 U.S.C. 9605(a), (b),

(c), (g), 9625, 9651(f)], by Section 311(d)(1) of the Federal Water

Pollution Control Act [33 U.S.C. 1321(d)(1)], and by Section

4201(c) of the Oil Pollution Act of 1990 [Pub. L. 101-380, 33

U.S.C. 1321 note] is delegated to the Administrator of the

Environmental Protection Agency ("the Administrator").

(2) The function vested in the President by Section 118(p) of the

Superfund Amendments and Reauthorization Act of 1986 (Pub. L.

99-499) ("SARA") [100 Stat. 1662] is delegated to the

Administrator.

(c) In accord with Section 107(f)(2)(A) of the Act [42 U.S.C.

9607(f)(2)(A)], Section 311(f)(5) of the Federal Water Pollution

Control Act, as amended (33 U.S.C. 1321(f)(5)), and Section

1006(b)(1) and (2) of the Oil Pollution Act of 1990 [33 U.S.C.

2706(b)(1), (2)], the following shall be among those designated in

the NCP as Federal trustees for natural resources:

(1) Secretary of Defense;

(2) Secretary of the Interior;

(3) Secretary of Agriculture;

(4) Secretary of Commerce;

(5) Secretary of Energy.

In the event of a spill, the above named Federal trustees for

natural resources shall designate one trustee to act as Lead

Administrative Trustee, the duties of which shall be defined in the

regulations promulgated pursuant to Section 1006(e)(1) of OPA. If

there are natural resource trustees other than those designated

above which are acting in the event of a spill, those other

trustees may join with the Federal trustees to name a Lead

Administrative Trustee which shall exercise the duties defined in

the regulations promulgated pursuant to Section 1006(e)(1) of OPA.

(d) Revisions to the NCP shall be made in consultation with

members of the NRT prior to publication for notice and comment.

(e) All revisions to the NCP, whether in proposed or final form,

shall be subject to review and approval by the Director of the

Office of Management and Budget ("OMB").

Sec. 2. Response and Related Authorities. (a) The functions

vested in the President by the first sentence of Section 104(b)(1)

of the Act [42 U.S.C. 9604(b)(1)] relating to "illness, disease, or

complaints thereof" are delegated to the Secretary of Health and

Human Services who shall, in accord with Section 104(i) of the Act,

perform those functions through the Public Health Service.

(b) The functions vested in the President by Sections

104(e)(7)(C), 113(k)(2), 119(c)(7), and 121(f)(1) of the Act [42

U.S.C. 9604(e)(7)(C), 9613(k)(2), 9619(c)(7), 9621(f)(1)], relating

to promulgation of regulations and guidelines, are delegated to the

Administrator, to be exercised in consultation with the NRT.

(c)(1) The functions vested in the President by Sections 104(a)

and the second sentence of 126(b) of the Act [42 U.S.C. 9604(a),

9626(b)], to the extent they require permanent relocation of

residents, businesses, and community facilities or temporary

evacuation and housing of threatened individuals not otherwise

provided for, are delegated to the Director of the Federal

Emergency Management Agency.

(2) Subject to subsection (b) of this Section, the functions

vested in the President by Sections 117(a) and (c), and 119 of the

Act [42 U.S.C. 9617(a), (c), 9619], to the extent such authority is

needed to carry out the functions delegated under paragraph (1) of

this subsection, are delegated to the Director of the Federal

Emergency Management Agency.

(d) Subject to subsections (a), (b) and (c) of this Section, the

functions vested in the President by Sections 104(a), (b) and

(c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act [42 U.S.C.

9604(a), (b), (c)(4), 9613(k), 9617(a), (c), 9619, 9621] are

delegated to the Secretaries of Defense and Energy, with respect to

releases or threatened releases where either the release is on or

the sole source of the release is from any facility or vessel under

the jurisdiction, custody or control of their departments,

respectively, including vessels bare-boat chartered and operated.

These functions must be exercised consistent with the requirements

of Section 120 of the Act [42 U.S.C. 9620].

(e)(1) Subject to subsections (a), (b), (c), and (d) of this

Section, the functions vested in the President by Sections 104(a),

(b), and (c)(4), and 121 of the Act [42 U.S.C. 9604(a), (b),

(c)(4), 9621] are delegated to the heads of Executive departments

and agencies, with respect to remedial actions for releases or

threatened releases which are not on the National Priorities List

("the NPL") and removal actions other than emergencies, where

either the release is on or the sole source of the release is from

any facility or vessel under the jurisdiction, custody or control

of those departments and agencies, including vessels bare-boat

chartered and operated. The Administrator shall define the term

"emergency", solely for the purposes of this subsection, either by

regulation or by a memorandum of understanding with the head of an

Executive department or agency.

(2) Subject to subsections (b), (c), and (d) of this Section, the

functions vested in the President by Sections 104(b)(2), 113(k),

117(a) and (c), and 119 of the Act [42 U.S.C. 9604(b)(2), 9613(k),

9617(a), (c), 9619] are delegated to the heads of Executive

departments and agencies, with respect to releases or threatened

releases where either the release is on or the sole source of the

release is from any facility or vessel under the jurisdiction,

custody or control of those departments and agencies, including

vessels bare-boat chartered and operated.

(f) Subject to subsections (a), (b), (c), (d), and (e) of this

Section, the functions vested in the President by Sections 104(a),

(b) and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act [42

U.S.C. 9604(a), (b), (c)(4), 9613(k), 9617(a), (c), 9619, 9621] are

delegated to the Secretary of the Department in which the Coast

Guard is operating ("the Coast Guard"), with respect to any release

or threatened release involving the coastal zone, Great Lakes

waters, ports, and harbors.

(g) Subject to subsections (a), (b), (c), (d), (e), and (f) of

this Section, the functions vested in the President by Sections

101(24), 104(a), (b), (c)(4) and (c)(9), 113(k), 117(a) and (c),

119, 121, and 126(b) of the Act [42 U.S.C. 9601(24), 9604(a), (b),

(c)(4), (9), 9613(k), 9617(a), (c), 9619, 9621, 9626(b)] are

delegated to the Administrator. The Administrator's authority under

Section 119 of the Act is retroactive to the date of enactment of

SARA [Oct. 17, 1986].

(h) The functions vested in the President by Section 104(c)(3) of

the Act [42 U.S.C. 9604(c)(3)] are delegated to the Administrator,

with respect to providing assurances for Indian tribes, to be

exercised in consultation with the Secretary of the Interior.

(i) Subject to subsections (d), (e), (f), (g) and (h) of this

Section, the functions vested in the President by Section 104(c)

and (d) of the Act are delegated to the Coast Guard, the Secretary

of Health and Human Services, the Director of the Federal Emergency

Management Agency, and the Administrator in order to carry out the

functions delegated to them by this Section.

(j)(1) The functions vested in the President by Section

104(e)(5)(A) are delegated to the heads of Executive departments

and agencies, with respect to releases or threatened releases where

either the release is on or the sole source of the release is from

any facility or vessel under the jurisdiction, custody or control

of those departments and agencies, to be exercised with the

concurrence of the Attorney General.

(2) Subject to subsection (b) of this Section and paragraph (1)

of this subsection, the functions vested in the President by

Section 104(e) are delegated to the heads of Executive departments

and agencies in order to carry out their functions under this Order

or the Act.

(k) The functions vested in the President by Section 104(f), (g),

(h), (i)(11), and (j) of the Act are delegated to the heads of

Executive departments and agencies in order to carry out the

functions delegated to them by this Section. The exercise of

authority under Section 104(h) of the Act shall be subject to the

approval of the Administrator of the Office of Federal Procurement

Policy.

Sec. 3. Cleanup Schedules. (a) The functions vested in the

President by Sections 116(a) and the first two sentences of 105(d)

of the Act [42 U.S.C. 9616(a), 9605(d)] are delegated to the heads

of Executive departments and agencies with respect to facilities

under the jurisdiction, custody or control of those departments and

agencies.

(b) Subject to subsection (a) of this Section, the functions

vested in the President by Sections 116 and 105(d) are delegated to

the Administrator.

Sec. 4. Enforcement. (a) The functions vested in the President by

Sections 109(d) and 122(e)(3)(A) of the Act [42 U.S.C. 9609(d),

9622(e)(3)(A)], relating to development of regulations and

guidelines, are delegated to the Administrator, to be exercised in

consultation with the Attorney General.

(b)(1) Subject to subsection (a) of this Section, the functions

vested in the President by Section 122 [42 U.S.C. 9622] (except

subsection (b)(1)) are delegated to the heads of Executive

departments and agencies, with respect to releases or threatened

releases not on the NPL where either the release is on or the sole

source of the release is from any facility under the jurisdiction,

custody or control of those Executive departments and agencies.

These functions may be exercised only with the concurrence of the

Attorney General.

(2) Subject to subsection (a) of this Section, the functions

vested in the President by Section 109 of the Act [42 U.S.C. 9609],

relating to violations of Section 122 of the Act, are delegated to

the heads of Executive departments and agencies, with respect to

releases or threatened releases not on the NPL where either the

release is on or the sole source of the release is from any

facility under the jurisdiction, custody or control of those

Executive departments and agencies. These functions may be

exercised only with the concurrence of the Attorney General.

(c)(1) Subject to subsection[s] (a) and (b)(1) of this Section,

the functions vested in the President by Sections 106(a) and 122 of

the Act [42 U.S.C. 9606(a), 9622] are delegated to the Coast Guard

with respect to any release or threatened release involving the

coastal zone, Great Lakes waters, ports, and harbors.

(2) Subject to subsection[s] (a) and (b)(2) of this Section, the

functions vested in the President by Section 109 of the Act [42

U.S.C. 9609], relating to violations of Sections 103(a) and (b),

and 122 of the Act [42 U.S.C. 9603(a), (b), 9622], are delegated to

the Coast Guard with respect to any release or threatened release

involving the coastal zone, Great Lakes waters, ports, and harbors.

(3) Subject to subsections (a) and (b)(1) of this section, the

functions vested in the President by sections 106(a) [42 U.S.C.

9606(a)] and 122 [42 U.S.C. 9622] (except subsection (b)(1)) of the

Act are delegated to the Secretary of the Interior, the Secretary

of Commerce, the Secretary of Agriculture, the Secretary of

Defense, and the Secretary of Energy, to be exercised only with the

concurrence of the Coast Guard, with respect to any release or

threatened release in the coastal zone, Great Lakes waters, ports,

and harbors, affecting (1) natural resources under their

trusteeship, or (2) a vessel or facility subject to their custody,

jurisdiction, or control. Such authority shall not be exercised at

any vessel or facility at which the Coast Guard is the lead Federal

agency for the conduct or oversight of a response action. Such

authority shall not be construed to authorize or permit use of the

Hazardous Substance Superfund to implement section 106 or to fund

performance of any response action in lieu of the payment by a

person who receives but does not comply with an order pursuant to

section 106(a), where such order has been issued by the Secretary

of the Interior, the Secretary of Commerce, the Secretary of

Agriculture, the Secretary of Defense, or the Secretary of Energy.

This subsection shall not be construed to limit any authority

delegated by any other section of this order. Authority granted

under this subsection shall be exercised in a manner to ensure

interagency coordination that enhances efficiency and

effectiveness.

(d)(1) Subject to subsections (a), (b)(1), and (c)(1) of this

Section, the functions vested in the President by Sections 106 and

122 of the Act [42 U.S.C. 9606, 9622] are delegated to the

Administrator.

(2) Subject to subsections (a), (b)(2), and (c)(2) of this

Section, the functions vested in the President by Section 109 of

the Act [42 U.S.C. 9609], relating to violations of Sections 103

and 122 of the Act [42 U.S.C. 9603, 9622], are delegated to the

Administrator.

(3) Subject to subsections (a), (b)(1), and (c)(1) of this

section, the functions vested in the President by sections 106(a)

[42 U.S.C. 9606(a)] and 122 [42 U.S.C. 9622] (except subsection

(b)(1)) of the Act are delegated to the Secretary of the Interior,

the Secretary of Commerce, the Secretary of Agriculture, the

Secretary of Defense, and the Department of Energy, to be exercised

only with the concurrence of the Administrator, with respect to any

release or threatened release affecting (1) natural resources under

their trusteeship, or (2) a vessel or facility subject to their

custody, jurisdiction, or control. Such authority shall not be

exercised at any vessel or facility at which the Administrator is

the lead Federal official for the conduct or oversight of a

response action. Such authority shall not be construed to authorize

or permit use of the Hazardous Substance Superfund to implement

section 106 or to fund performance of any response action in lieu

of the payment by a person who receives but does not comply with an

order pursuant to section 106(a), where such order has been issued

by the Secretary of the Interior, the Secretary of Commerce, the

Secretary of Agriculture, the Secretary of Defense, or the

Secretary of Energy. This subsection shall not be construed to

limit any authority delegated by any other section of this order.

Authority granted under this subsection shall be exercised in a

manner to ensure interagency coordination that enhances efficiency

and effectiveness.

(e) Notwithstanding any other provision of this Order, the

authority under Sections 104(e)(5)(A) and 106(a) of the Act [42

U.S.C. 9604(e)(5)(A), 9606(a)] to seek information, entry,

inspection, samples, or response actions from Executive departments

and agencies may be exercised only with the concurrence of the

Attorney General.

Sec. 5. Liability. (a) The function vested in the President by

Section 107(c)(1)(C) of the Act [42 U.S.C. 9607(c)(1)(C)] is

delegated to the Secretary of Transportation.

(b) The functions vested in the President by Section 107(c)(3) of

the Act are delegated to the Coast Guard with respect to any

release or threatened release involving the coastal zone, Great

Lakes waters, ports and harbors.

(c) Subject to subsection (b) of this Section, the functions

vested in the President by Section 107(c)(3) of the Act are

delegated to the Administrator.

(d) The functions vested in the President by Section 107(f)(1) of

the Act are delegated to each of the Federal trustees for natural

resources designated in the NCP for resources under their

trusteeship.

(e) The functions vested in the President by Section 107(f)(2)(B)

of the Act, to receive notification of the state natural resource

trustee designations, are delegated to the Administrator.

Sec. 6. Litigation. (a) Notwithstanding any other provision of

this Order, any representation pursuant to or under this Order in

any judicial proceedings shall be by or through the Attorney

General. The conduct and control of all litigation arising under

the Act shall be the responsibility of the Attorney General.

(b) Notwithstanding any other provision of this Order, the

authority under the Act to require the Attorney General to commence

litigation is retained by the President.

(c) The functions vested in the President by Section 113(g) of

the Act [42 U.S.C. 9613(g)], to receive notification of a natural

resource trustee's intent to file suit, are delegated to the heads

of Executive departments and agencies with respect to response

actions for which they have been delegated authority under Section

2 of this Order. The Administrator shall promulgate procedural

regulations for providing such notification.

(d) The functions vested in the President by Sections [sic]

310(d) and (e) of the Act [42 U.S.C. 9659(d), (e)], relating to

promulgation of regulations, are delegated to the Administrator.

Sec. 7. Financial Responsibility. (a) The functions vested in the

President by Section 107(k)(4)(B) of the Act [42 U.S.C.

9607(k)(4)(B)] are delegated to the Secretary of the Treasury. The

Administrator will provide the Secretary with such technical

information and assistance as the Administrator may have available.

(b)(1) The functions vested in the President by Section 108(a)(1)

of the Act [42 U.S.C. 9608(a)(1)] are delegated to the Coast Guard.

(2) Subject to Section 4(a) of this Order, the functions vested

in the President by Section 109 of the Act [42 U.S.C. 9609],

relating to violations of Section 108(a)(1) of the Act, are

delegated to the Coast Guard.

(c)(1) The functions vested in the President by Section 108(b) of

the Act are delegated to the Secretary of Transportation with

respect to all transportation related facilities, including any

pipeline, motor vehicle, rolling stock, or aircraft.

(2) Subject to Section 4(a) of this Order, the functions vested

in the President by Section 109 of the Act, relating to violations

of Section 108(a)(3) of the Act, are delegated to the Secretary of

Transportation.

(3) Subject to Section 4(a) of this Order, the functions vested

in the President by Section 109 of the Act, relating to violations

of Section 108(b) of the Act, are delegated to the Secretary of

Transportation with respect to all transportation related

facilities, including any pipeline, motor vehicle, rolling stock,

or aircraft.

(d)(1) Subject to subsection (c)(1) of this Section, the

functions vested in the President by Section 108(a)(4) and (b) of

the Act are delegated to the Administrator.

(2) Subject to Section 4(a) of this Order and subsection (c)(3)

of this Section, the functions vested in the President by Section

109 of the Act, relating to violations of Section 108(a)(4) and (b)

of the Act, are delegated to the Administrator.

Sec. 8. Employee Protection and Notice to Injured. (a) The

functions vested in the President by Section 110(e) of the Act [42

U.S.C. 9610(e)] are delegated to the Administrator.

(b) The functions vested in the President by Section 111(g) of

the Act [42 U.S.C. 9611(g)] are delegated to the Secretaries of

Defense and Energy with respect to releases from facilities or

vessels under the jurisdiction, custody or control of their

departments, respectively, including vessels bare-boat chartered

and operated.

(c) Subject to subsection (b) of this Section, the functions

vested in the President by Section 111(g) of the Act are delegated

to the Administrator.

Sec. 9. Management of the Hazardous Substance Superfund and

Claims. (a) The functions vested in the President by Section 111(a)

of the Act [42 U.S.C. 9611(a)] are delegated to the Administrator,

subject to the provisions of this Section and other applicable

provisions of this Order.

(b) The Administrator shall transfer to other agencies, from the

Hazardous Substance Superfund out of sums appropriated, such

amounts as the Administrator may determine necessary to carry out

the purposes of the Act. These amounts shall be consistent with the

President's Budget, within the total approved by the Congress,

unless a revised amount is approved by OMB. Funds appropriated

specifically for the Agency for Toxic Substances and Disease

Registry ("ATSDR"), shall be directly transferred to ATSDR,

consistent with fiscally responsible investment of trust fund

money.

(c) The Administrator shall chair a budget task force composed of

representatives of Executive departments and agencies having

responsibilities under this Order or the Act. The Administrator

shall also, as part of the budget request for the Environmental

Protection Agency, submit to OMB a budget for the Hazardous

Substance Superfund which is based on recommended levels developed

by the budget task force. The Administrator may prescribe reporting

and other forms, procedures, and guidelines to be used by the

agencies of the Task Force in preparing the budget request,

consistent with budgetary reporting requirements issued by OMB. The

Administrator shall prescribe forms to agency task force members

for reporting the expenditure of funds on a site specific basis.

(d) The Administrator and each department and agency head to whom

funds are provided pursuant to this Section, with respect to funds

provided to them, are authorized in accordance with Section 111(f)

of the Act [42 U.S.C. 9611(f)] to designate Federal officials who

may obligate such funds.

(e) The functions vested in the President by Section 112 of the

Act [42 U.S.C. 9612] are delegated to the Administrator for all

claims presented pursuant to Section 111 of the Act.

(f) The functions vested in the President by Section 111(o) of

the Act are delegated to the Administrator.

(g) The functions vested in the President by Section 117(e) of

the Act [42 U.S.C. 9617(e)] are delegated to the Administrator, to

be exercised in consultation with the Attorney General.

(h) The functions vested in the President by Section 123 of the

Act [42 U.S.C. 9623] are delegated to the Administrator.

(i) Funds from the Hazardous Substance Superfund may be used, at

the discretion of the Administrator or the Coast Guard, to pay for

removal actions for releases or threatened releases from facilities

or vessels under the jurisdiction, custody or control of Executive

departments and agencies but must be reimbursed to the Hazardous

Substance Superfund by such Executive department or agency.

Sec. 10. Federal Facilities. (a) When necessary, prior to

selection of a remedial action by the Administrator under Section

120(e)(4)(A) of the Act [42 U.S.C. 9620(e)(4)(A)], Executive

agencies shall have the opportunity to present their views to the

Administrator after using the procedures under Section 1-6 of

Executive Order No. 12088 of October 13, 1978 [set out as a note

under section 4321 of this title], or any other mutually acceptable

process. Notwithstanding subsection 1-602 of Executive Order No.

12088, the Director of the Office of Management and Budget shall

facilitate resolution of any issues.

(b) Executive Order No. 12088 of October 13, 1978, is amended by

renumbering the current Section 1-802 as Section 1-803 and

inserting the following new Section 1-802.

"1-802. Nothing in this Order shall create any right or benefit,

substantive or procedural, enforceable at law by a party against

the United States, its agencies, its officers, or any person."

Sec. 11. General Provisions. (a) The function vested in the

President by Section 101(37) of the Act [42 U.S.C. 9601(37)] is

delegated to the Administrator.

(b)(1) The function vested in the President by Section 105(f) of

the Act [42 U.S.C. 9605(f)], relating to reporting on minority

participation in contracts, is delegated to the Administrator.

(2) Subject to paragraph 1 of this subsection, the functions

vested in the President by Section 105(f) of the Act are delegated

to the heads of Executive departments and agencies in order to

carry out the functions delegated to them by this Order. Each

Executive department and agency shall provide to the Administrator

any requested information on minority contracting for inclusion in

the Section 105(f) annual report.

(c) The functions vested in the President by Section 126(c) of

the Act [42 U.S.C. 9626(c)] are delegated to the Administrator, to

be exercised in consultation with the Secretary of the Interior.

(d) The functions vested in the President by Section 301(c) of

the Act [42 U.S.C. 9651(c)] are delegated to the Secretary of the

Interior.

(e) Each agency shall have authority to issue such regulations as

may be necessary to carry out the functions delegated to them by

this Order.

(f) The performance of any function under this Order shall be

done in consultation with interested Federal departments and

agencies represented on the NRT, as well as with any other

interested Federal agency.

(g) The following functions vested in the President by the Act

which have been delegated or assigned by this Order may be

redelegated to the head of any Executive department or agency with

his consent: functions set forth in Sections 2 (except subsection

(b)), 3, 4(b), 4(c), 4(d), 5(b), 5(c), and 8(c) of this Order.

(h) Executive Order No. 12316 of August 14, 1981, is revoked.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9627 of this title.

-End-

-CITE-

42 USC Sec. 9616 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9616. Schedules

-STATUTE-

(a) Assessment and listing of facilities

It shall be a goal of this chapter that, to the maximum extent

practicable -

(1) not later than January 1, 1988, the President shall

complete preliminary assessments of all facilities that are

contained (as of October 17, 1986) on the Comprehensive

Environmental Response, Compensation, and Liability Information

System (CERCLIS) including in each assessment a statement as to

whether a site inspection is necessary and by whom it should be

carried out; and

(2) not later than January 1, 1989, the President shall assure

the completion of site inspections at all facilities for which

the President has stated a site inspection is necessary pursuant

to paragraph (1).

(b) Evaluation

Within 4 years after October 17, 1986, each facility listed (as

of October 17, 1986) in the CERCLIS shall be evaluated if the

President determines that such evaluation is warranted on the basis

of a site inspection or preliminary assessment. The evaluation

shall be in accordance with the criteria established in section

9605 of this title under the National Contingency Plan for

determining priorities among release for inclusion on the National

Priorities List. In the case of a facility listed in the CERCLIS

after October 17, 1986, the facility shall be evaluated within 4

years after the date of such listing if the President determines

that such evaluation is warranted on the basis of a site inspection

or preliminary assessment.

(c) Explanations

If any of the goals established by subsection (a) or (b) of this

section are not achieved, the President shall publish an

explanation of why such action could not be completed by the

specified date.

(d) Commencement of RI/FS

The President shall assure that remedial investigations and

feasibility studies (RI/FS) are commenced for facilities listed on

the National Priorities List, in addition to those commenced prior

to October 17, 1986, in accordance with the following schedule:

(1) not fewer than 275 by the date 36 months after October 17,

1986, and

(2) if the requirement of paragraph (1) is not met, not fewer

than an additional 175 by the date 4 years after October 17,

1986, an additional 200 by the date 5 years after October 17,

1986, and a total of 650 by the date 5 years after October 17,

1986.

(e) Commencement of remedial action

The President shall assure that substantial and continuous

physical on-site remedial action commences at facilities on the

National Priorities List, in addition to those facilities on which

remedial action has commenced prior to October 17, 1986, at a rate

not fewer than:

(1) 175 facilities during the first 36-month period after

October 17, 1986; and

(2) 200 additional facilities during the following 24 months

after such 36-month period.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 116, as added Pub. L. 99-499, title

I, Sec. 116, Oct. 17, 1986, 100 Stat. 1653.)

-End-

-CITE-

42 USC Sec. 9617 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9617. Public participation

-STATUTE-

(a) Proposed plan

Before adoption of any plan for remedial action to be undertaken

by the President, by a State, or by any other person, under section

9604, 9606, 9620, or 9622 of this title, the President or State, as

appropriate, shall take both of the following actions:

(1) Publish a notice and brief analysis of the proposed plan

and make such plan available to the public.

(2) Provide a reasonable opportunity for submission of written

and oral comments and an opportunity for a public meeting at or

near the facility at issue regarding the proposed plan and

regarding any proposed findings under section 9621(d)(4) of this

title (relating to cleanup standards). The President or the State

shall keep a transcript of the meeting and make such transcript

available to the public.

The notice and analysis published under paragraph (1) shall include

sufficient information as may be necessary to provide a reasonable

explanation of the proposed plan and alternative proposals

considered.

(b) Final plan

Notice of the final remedial action plan adopted shall be

published and the plan shall be made available to the public before

commencement of any remedial action. Such final plan shall be

accompanied by a discussion of any significant changes (and the

reasons for such changes) in the proposed plan and a response to

each of the significant comments, criticisms, and new data

submitted in written or oral presentations under subsection (a) of

this section.

(c) Explanation of differences

After adoption of a final remedial action plan -

(1) if any remedial action is taken,

(2) if any enforcement action under section 9606 of this title

is taken, or

(3) if any settlement or consent decree under section 9606 of

this title or section 9622 of this title is entered into,

and if such action, settlement, or decree differs in any

significant respects from the final plan, the President or the

State shall publish an explanation of the significant differences

and the reasons such changes were made.

(d) Publication

For the purposes of this section, publication shall include, at a

minimum, publication in a major local newspaper of general

circulation. In addition, each item developed, received, published,

or made available to the public under this section shall be

available for public inspection and copying at or near the facility

at issue.

(e) Grants for technical assistance

(1) Authority

Subject to such amounts as are provided in appropriations Acts

and in accordance with rules promulgated by the President, the

President may make grants available to any group of individuals

which may be affected by a release or threatened release at any

facility which is listed on the National Priorities List under

the National Contingency Plan. Such grants may be used to obtain

technical assistance in interpreting information with regard to

the nature of the hazard, remedial investigation and feasibility

study, record of decision, remedial design, selection and

construction of remedial action, operation and maintenance, or

removal action at such facility.

(2) Amount

The amount of any grant under this subsection may not exceed

$50,000 for a single grant recipient. The President may waive the

$50,000 limitation in any case where such waiver is necessary to

carry out the purposes of this subsection. Each grant recipient

shall be required, as a condition of the grant, to contribute at

least 20 percent of the total of costs of the technical

assistance for which such grant is made. The President may waive

the 20 percent contribution requirement if the grant recipient

demonstrates financial need and such waiver is necessary to

facilitate public participation in the selection of remedial

action at the facility. Not more than one grant may be made under

this subsection with respect to a single facility, but the grant

may be renewed to facilitate public participation at all stages

of remedial action.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 117, as added Pub. L. 99-499, title

I, Sec. 117, Oct. 17, 1986, 100 Stat. 1654.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9611, 9613, 9620 of this

title.

-End-

-CITE-

42 USC Sec. 9618 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9618. High priority for drinking water supplies

-STATUTE-

For purposes of taking action under section 9604 or 9606 of this

title and listing facilities on the National Priorities List, the

President shall give a high priority to facilities where the

release of hazardous substances or pollutants or contaminants has

resulted in the closing of drinking water wells or has contaminated

a principal drinking water supply.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 118, as added Pub. L. 99-499, title

I, Sec. 118(a), Oct. 17, 1986, 100 Stat. 1655.)

-End-

-CITE-

42 USC Sec. 9619 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9619. Response action contractors

-STATUTE-

(a) Liability of response action contractors

(1) Response action contractors

A person who is a response action contractor with respect to

any release or threatened release of a hazardous substance or

pollutant or contaminant from a vessel or facility shall not be

liable under this subchapter or under any other Federal law to

any person for injuries, costs, damages, expenses, or other

liability (including but not limited to claims for

indemnification or contribution and claims by third parties for

death, personal injury, illness or loss of or damage to property

or economic loss) which results from such release or threatened

release.

(2) Negligence, etc.

Paragraph (1) shall not apply in the case of a release that is

caused by conduct of the response action contractor which is

negligent, grossly negligent, or which constitutes intentional

misconduct.

(3) Effect on warranties; employer liability

Nothing in this subsection shall affect the liability of any

person under any warranty under Federal, State, or common law.

Nothing in this subsection shall affect the liability of an

employer who is a response action contractor to any employee of

such employer under any provision of law, including any provision

of any law relating to worker's compensation.

(4) Governmental employees

A state employee or an employee of a political subdivision who

provides services relating to response action while acting within

the scope of his authority as a governmental employee shall have

the same exemption from liability (subject to the other

provisions of this section) as is provided to the response action

contractor under this section.

(b) Savings provisions

(1) Liability of other persons

The defense provided by section 9607(b)(3) of this title shall

not be available to any potentially responsible party with

respect to any costs or damages caused by any act or omission of

a response action contractor. Except as provided in subsection

(a)(4) of this section and the preceding sentence, nothing in

this section shall affect the liability under this chapter or

under any other Federal or State law of any person, other than a

response action contractor.

(2) Burden of plaintiff

Nothing in this section shall affect the plaintiff's burden of

establishing liability under this subchapter.

(c) Indemnification

(1) In general

The President may agree to hold harmless and indemnify any

response action contractor meeting the requirements of this

subsection against any liability (including the expenses of

litigation or settlement) for negligence arising out of the

contractor's performance in carrying out response action

activities under this subchapter, unless such liability was

caused by conduct of the contractor which was grossly negligent

or which constituted intentional misconduct.

(2) Applicability

This subsection shall apply only with respect to a response

action carried out under written agreement with -

(A) the President;

(B) any Federal agency;

(C) a State or political subdivision which has entered into a

contract or cooperative agreement in accordance with section

9604(d)(1) of this title; or

(D) any potentially responsible party carrying out any

agreement under section 9622 of this title (relating to

settlements) or section 9606 of this title (relating to

abatement).

(3) Source of funding

This subsection shall not be subject to section 1301 or 1341 of

title 31 or section 11 of title 41 or to section 9662 of this

title. For purposes of section 9611 of this title, amounts

expended pursuant to this subsection for indemnification of any

response action contractor (except with respect to federally

owned or operated facilities) shall be considered governmental

response costs incurred pursuant to section 9604 of this title.

If sufficient funds are unavailable in the Hazardous Substance

Superfund established under subchapter A of chapter 98 of title

26 to make payments pursuant to such indemnification or if the

Fund is repealed, there are authorized to be appropriated such

amounts as may be necessary to make such payments.

(4) Requirements

An indemnification agreement may be provided under this

subsection only if the President determines that each of the

following requirements are met:

(A) The liability covered by the indemnification agreement

exceeds or is not covered by insurance available, at a fair and

reasonable price, to the contractor at the time the contractor

enters into the contract to provide response action, and

adequate insurance to cover such liability is not generally

available at the time the response action contract is entered

into.

(B) The response action contractor has made diligent efforts

to obtain insurance coverage from non-Federal sources to cover

such liability.

(C) In the case of a response action contract covering more

than one facility, the response action contractor agrees to

continue to make such diligent efforts each time the contractor

begins work under the contract at a new facility.

(5) Limitations

(A) Liability covered

Indemnification under this subsection shall apply only to

response action contractor liability which results from a

release of any hazardous substance or pollutant or contaminant

if such release arises out of response action activities.

(B) Deductibles and limits

An indemnification agreement under this subsection shall

include deductibles and shall place limits on the amount of

indemnification to be made available.

(C) Contracts with potentially responsible parties

(i) Decision to indemnify

In deciding whether to enter into an indemnification

agreement with a response action contractor carrying out a

written contract or agreement with any potentially

responsible party, the President shall determine an amount

which the potentially responsible party is able to indemnify

the contractor. The President may enter into such an

indemnification agreement only if the President determines

that such amount of indemnification is inadequate to cover

any reasonable potential liability of the contractor arising

out of the contractor's negligence in performing the contract

or agreement with such party. The President shall make the

determinations in the preceding sentences (with respect to

the amount and the adequacy of the amount) taking into

account the total net assets and resources of potentially

responsible parties with respect to the facility at the time

of such determinations.

(ii) Conditions

The President may pay a claim under an indemnification

agreement referred to in clause (i) for the amount determined

under clause (i) only if the contractor has exhausted all

administrative, judicial, and common law claims for

indemnification against all potentially responsible parties

participating in the clean-up of the facility with respect to

the liability of the contractor arising out of the

contractor's negligence in performing the contract or

agreement with such party. Such indemnification agreement

shall require such contractor to pay any deductible

established under subparagraph (B) before the contractor may

recover any amount from the potentially responsible party or

under the indemnification agreement.

(D) RCRA facilities

No owner or operator of a facility regulated under the Solid

Waste Disposal Act [42 U.S.C. 6901 et seq.] may be indemnified

under this subsection with respect to such facility.

(E) Persons retained or hired

A person retained or hired by a person described in

subsection (e)(2)(B) of this section shall be eligible for

indemnification under this subsection only if the President

specifically approves of the retaining or hiring of such

person.

(6) Cost recovery

For purposes of section 9607 of this title, amounts expended

pursuant to this subsection for indemnification of any person who

is a response action contractor with respect to any release or

threatened release shall be considered a cost of response

incurred by the United States Government with respect to such

release.

(7) Regulations

The President shall promulgate regulations for carrying out the

provisions of this subsection. Before promulgation of the

regulations, the President shall develop guidelines to carry out

this section. Development of such guidelines shall include

reasonable opportunity for public comment.

(8) Study

The Comptroller General shall conduct a study in the fiscal

year ending September 30, 1989, on the application of this

subsection, including whether indemnification agreements under

this subsection are being used, the number of claims that have

been filed under such agreements, and the need for this

subsection. The Comptroller General shall report the findings of

the study to Congress no later than September 30, 1989.

(d) Exception

The exemption provided under subsection (a) of this section and

the authority of the President to offer indemnification under

subsection (c) of this section shall not apply to any person

covered by the provisions of paragraph (1), (2), (3), or (4) of

section 9607(a) of this title with respect to the release or

threatened release concerned if such person would be covered by

such provisions even if such person had not carried out any actions

referred to in subsection (e) of this section.

(e) Definitions

For purposes of this section -

(1) Response action contract

The term "response action contract" means any written contract

or agreement entered into by a response action contractor (as

defined in paragraph (2)(A) of this subsection) with -

(A) the President;

(B) any Federal agency;

(C) a State or political subdivision which has entered into a

contract or cooperative agreement in accordance with section

9604(d)(1) of this title; or

(D) any potentially responsible party carrying out an

agreement under section 9606 or 9622 of this title;

to provide any remedial action under this chapter at a facility

listed on the National Priorities List, or any removal under this

chapter, with respect to any release or threatened release of a

hazardous substance or pollutant or contaminant from the facility

or to provide any evaluation, planning, engineering, surveying

and mapping, design, construction, equipment, or any ancillary

services thereto for such facility.

(2) Response action contractor

The term "response action contractor" means -

(A) any -

(i) person who enters into a response action contract with

respect to any release or threatened release of a hazardous

substance or pollutant or contaminant from a facility and is

carrying out such contract; and (!1)

(ii) person, public or nonprofit private entity, conducting

a field demonstration pursuant to section 9660(b) of this

title; and

(iii) Recipients (!2) of grants (including sub-grantees)

under section 9660a (!3) of this title for the training and

education of workers who are or may be engaged in activities

related to hazardous waste removal, containment, or emergency

response under this chapter; and (!1)

(B) any person who is retained or hired by a person described

in subparagraph (A) to provide any services relating to a

response action; and

(C) any surety who after October 16, 1990, provides a bid,

performance or payment bond to a response action contractor,

and begins activities to meet its obligations under such bond,

but only in connection with such activities or obligations.

(3) Insurance

The term "insurance" means liability insurance which is fair

and reasonably priced, as determined by the President, and which

is made available at the time the contractor enters into the

response action contract to provide response action.

(f) Competition

Response action contractors and subcontractors for program

management, construction management, architectural and engineering,

surveying and mapping, and related services shall be selected in

accordance with title IX of the Federal Property and Administrative

Services Act of 1949.(!3) The Federal selection procedures shall

apply to appropriate contracts negotiated by all Federal

governmental agencies involved in carrying out this chapter. Such

procedures shall be followed by response action contractors and

subcontractors.

(g) Surety bonds

(1) If under sections 3131 and 3133 of title 40, surety bonds are

required for any direct Federal procurement of any response action

contract and are not waived pursuant to section 3134 of title 40,

they shall be issued in accordance with sections 3131 and 3133 of

title 40.

(2) If under applicable Federal law surety bonds are required for

any direct Federal procurement of any response action contract, no

right of action shall accrue on the performance bond issued on such

response action contract to or for the use of any person other than

the obligee named in the bond.

(3) If under applicable Federal law surety bonds are required for

any direct Federal procurement of any response action contract,

unless otherwise provided for by the procuring agency in the bond,

in the event of a default, the surety's liability on a performance

bond shall be only for the cost of completion of the contract work

in accordance with the plans and specifications less the balance of

funds remaining to be paid under the contract, up to the penal sum

of the bond. The surety shall in no event be liable on bonds to

indemnify or compensate the obligee for loss or liability arising

from personal injury or property damage whether or not caused by a

breach of the bonded contract.

(4) Nothing in this subsection shall be construed as preempting,

limiting, superseding, affecting, applying to, or modifying any

State laws, regulations, requirements, rules, practices or

procedures. Nothing in this subsection shall be construed as

affecting, applying to, modifying, limiting, superseding, or

preempting any rights, authorities, liabilities, demands, actions,

causes of action, losses, judgments, claims, statutes of

limitation, or obligations under Federal or State law, which do not

arise on or under the bond.

(5) This subsection shall not apply to bonds executed before

October 17, 1990.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 119, as added Pub. L. 99-499, title

I, Sec. 119, Oct. 17, 1986, 100 Stat. 1662; amended Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-202, Sec. 101(f)

[title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-187, 1329-198;

Pub. L. 101-584, Sec. 1, Nov. 15, 1990, 104 Stat. 2872; Pub. L.

102-484, div. A, title III, Sec. 331(a), Oct. 23, 1992, 106 Stat.

2373; Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2497.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c)(5)(D),

is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as

amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90

Stat. 2795, which is classified generally to chapter 82 (Sec. 6901

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6901 of this

title and Tables.

Section 9660a of this title, referred to in subsec.

(e)(2)(A)(iii), was in the original "section 126" probably meaning

section 126 of Pub. L. 99-499, title I, Oct. 17, 1986, 100 Stat.

1690. Subsecs. (a) to (f) of section 126, which relate to worker

protection standards, are set out as a note under section 655 of

Title 29, Labor. Subsec. (g) of section 126, which relates grants

for training and education of workers who are or may be engaged in

activities related to hazardous waste removal, etc., is classified

to section 9660a of this title.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (f), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Title IX of the Act, which was classified

generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of

former Title 40, Public Buildings, Property, and Works, was

repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,

2002, 116 Stat. 1062, 1304, as chapter 11 (Sec. 1101 et seq.) of

Title 40, Public Buildings, Property, and Works. For disposition of

sections of former Title 40 to revised Title 40, see Table

preceding section 101 of Title 40. For complete classification of

this Act to the Code, see Tables.

-COD-

CODIFICATION

In subsec. (g)(1), "sections 3131 and 3133 of title 40"

substituted for "the Act of August 24, 1935 (40 U.S.C. 270a-270d),

commonly referred to as the 'Miller Act' " and for "such Act of

August 24, 1935" and "section 3134 of title 40" substituted for

"the Act of April 29, 1941 (40 U.S.C. 270e-270f)", on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(2)(C). Pub. L. 105-276 struck out "and before

January 1, 1996," after "1990,".

Subsec. (g)(5). Pub. L. 105-276 struck out ", or after December

31, 1995" before period at end.

1992 - Subsec. (e)(2)(C). Pub. L. 102-484, Sec. 321(a)(1)(A),

substituted "January 1, 1996," for "January 1, 1993".

Subsec. (g)(1). Pub. L. 102-484, Sec. 331(a)(2), substituted "the

Act of August 24, 1935 (40 U.S.C. 270a-270d), commonly referred to

as the 'Miller Act'," for "the Miller Act, 40 U.S.C. sections

270a-270f,", inserted "and are not waived pursuant to the Act of

April 29, 1941 (40 U.S.C. 270e-270f)", and substituted "in

accordance with such Act of August 24, 1935." for "in accordance

with 40 U.S.C. sections 270a-270d."

Subsec. (g)(5). Pub. L. 102-484, Sec. 331(a)(1)(B), substituted

"December 31, 1995" for "December 31, 1992".

1990 - Subsec. (e)(2)(C). Pub. L. 101-584, Sec. 1(1), (2), added

subpar. (C).

Subsec. (g). Pub. L. 101-584, Sec. 1(3), added subsec. (g).

1987 - Subsec. (e)(2)(A)(iii). Pub. L. 100-202 added cl. (iii).

1986 - Subsec. (c)(3). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9613 of this title; title

10 section 2701; title 14 section 691.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

(!2) So in original. Probably should not be capitalized.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9620 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9620. Federal facilities

-STATUTE-

(a) Application of chapter to Federal Government

(1) In general

Each department, agency, and instrumentality of the United

States (including the executive, legislative, and judicial

branches of government) shall be subject to, and comply with,

this chapter in the same manner and to the same extent, both

procedurally and substantively, as any nongovernmental entity,

including liability under section 9607 of this title. Nothing in

this section shall be construed to affect the liability of any

person or entity under sections 9606 and 9607 of this title.

(2) Application of requirements to Federal facilities

All guidelines, rules, regulations, and criteria which are

applicable to preliminary assessments carried out under this

chapter for facilities at which hazardous substances are located,

applicable to evaluations of such facilities under the National

Contingency Plan, applicable to inclusion on the National

Priorities List, or applicable to remedial actions at such

facilities shall also be applicable to facilities which are owned

or operated by a department, agency, or instrumentality of the

United States in the same manner and to the extent as such

guidelines, rules, regulations, and criteria are applicable to

other facilities. No department, agency, or instrumentality of

the United States may adopt or utilize any such guidelines,

rules, regulations, or criteria which are inconsistent with the

guidelines, rules, regulations, and criteria established by the

Administrator under this chapter.

(3) Exceptions

This subsection shall not apply to the extent otherwise

provided in this section with respect to applicable time periods.

This subsection shall also not apply to any requirements relating

to bonding, insurance, or financial responsibility. Nothing in

this chapter shall be construed to require a State to comply with

section 9604(c)(3) of this title in the case of a facility which

is owned or operated by any department, agency, or

instrumentality of the United States.

(4) State laws

State laws concerning removal and remedial action, including

State laws regarding enforcement, shall apply to removal and

remedial action at facilities owned or operated by a department,

agency, or instrumentality of the United States or facilities

that are the subject of a deferral under subsection (h)(3)(C) of

this section when such facilities are not included on the

National Priorities List. The preceding sentence shall not apply

to the extent a State law would apply any standard or requirement

to such facilities which is more stringent than the standards and

requirements applicable to facilities which are not owned or

operated by any such department, agency, or instrumentality.

(b) Notice

Each department, agency, and instrumentality of the United States

shall add to the inventory of Federal agency hazardous waste

facilities required to be submitted under section 3016 of the Solid

Waste Disposal Act [42 U.S.C. 6937] (in addition to the information

required under section 3016(a)(3) of such Act [42 U.S.C.

6937(a)(3)]) information on contamination from each facility owned

or operated by the department, agency, or instrumentality if such

contamination affects contiguous or adjacent property owned by the

department, agency, or instrumentality or by any other person,

including a description of the monitoring data obtained.

(c) Federal Agency Hazardous Waste Compliance Docket

The Administrator shall establish a special Federal Agency

Hazardous Waste Compliance Docket (hereinafter in this section

referred to as the "docket") which shall contain each of the

following:

(1) All information submitted under section 3016 of the Solid

Waste Disposal Act [42 U.S.C. 6937] and subsection (b) of this

section regarding any Federal facility and notice of each

subsequent action taken under this chapter with respect to the

facility.

(2) Information submitted by each department, agency, or

instrumentality of the United States under section 3005 or 3010

of such Act [42 U.S.C. 6925, 6930].

(3) Information submitted by the department, agency, or

instrumentality under section 9603 of this title.

The docket shall be available for public inspection at reasonable

times. Six months after establishment of the docket and every 6

months thereafter, the Administrator shall publish in the Federal

Register a list of the Federal facilities which have been included

in the docket during the immediately preceding 6-month period. Such

publication shall also indicate where in the appropriate regional

office of the Environmental Protection Agency additional

information may be obtained with respect to any facility on the

docket. The Administrator shall establish a program to provide

information to the public with respect to facilities which are

included in the docket under this subsection.

(d) Assessment and evaluation

(1) In general

The Administrator shall take steps to assure that a preliminary

assessment is conducted for each facility on the docket.

Following such preliminary assessment, the Administrator shall,

where appropriate -

(A) evaluate such facilities in accordance with the criteria

established in accordance with section 9605 of this title under

the National Contingency Plan for determining priorities among

releases; and

(B) include such facilities on the National Priorities List

maintained under such plan if the facility meets such criteria.

(2) Application of criteria

(A) In general

Subject to subparagraph (B), the criteria referred to in

paragraph (1) shall be applied in the same manner as the

criteria are applied to facilities that are owned or operated

by persons other than the United States.

(B) Response under other law

It shall be an appropriate factor to be taken into

consideration for the purposes of section 9605(a)(8)(A) of this

title that the head of the department, agency, or

instrumentality that owns or operates a facility has arranged

with the Administrator or appropriate State authorities to

respond appropriately, under authority of a law other than this

chapter, to a release or threatened release of a hazardous

substance.

(3) Completion

Evaluation and listing under this subsection shall be completed

in accordance with a reasonable schedule established by the

Administrator.

(e) Required action by department

(1) RI/FS

Not later than 6 months after the inclusion of any facility on

the National Priorities List, the department, agency, or

instrumentality which owns or operates such facility shall, in

consultation with the Administrator and appropriate State

authorities, commence a remedial investigation and feasibility

study for such facility. In the case of any facility which is

listed on such list before October 17, 1986, the department,

agency, or instrumentality which owns or operates such facility

shall, in consultation with the Administrator and appropriate

State authorities, commence such an investigation and study for

such facility within one year after October 17, 1986. The

Administrator and appropriate State authorities shall publish a

timetable and deadlines for expeditious completion of such

investigation and study.

(2) Commencement of remedial action; interagency agreement

The Administrator shall review the results of each

investigation and study conducted as provided in paragraph (1).

Within 180 days thereafter, the head of the department, agency,

or instrumentality concerned shall enter into an interagency

agreement with the Administrator for the expeditious completion

by such department, agency, or instrumentality of all necessary

remedial action at such facility. Substantial continuous physical

onsite remedial action shall be commenced at each facility not

later than 15 months after completion of the investigation and

study. All such interagency agreements, including review of

alternative remedial action plans and selection of remedial

action, shall comply with the public participation requirements

of section 9617 of this title.

(3) Completion of remedial actions

Remedial actions at facilities subject to interagency

agreements under this section shall be completed as expeditiously

as practicable. Each agency shall include in its annual budget

submissions to the Congress a review of alternative agency

funding which could be used to provide for the costs of remedial

action. The budget submission shall also include a statement of

the hazard posed by the facility to human health, welfare, and

the environment and identify the specific consequences of failure

to begin and complete remedial action.

(4) Contents of agreement

Each interagency agreement under this subsection shall include,

but shall not be limited to, each of the following:

(A) A review of alternative remedial actions and selection of

a remedial action by the head of the relevant department,

agency, or instrumentality and the Administrator or, if unable

to reach agreement on selection of a remedial action, selection

by the Administrator.

(B) A schedule for the completion of each such remedial

action.

(C) Arrangements for long-term operation and maintenance of

the facility.

(5) Annual report

Each department, agency, or instrumentality responsible for

compliance with this section shall furnish an annual report to

the Congress concerning its progress in implementing the

requirements of this section. Such reports shall include, but

shall not be limited to, each of the following items:

(A) A report on the progress in reaching interagency

agreements under this section.

(B) The specific cost estimates and budgetary proposals

involved in each interagency agreement.

(C) A brief summary of the public comments regarding each

proposed interagency agreement.

(D) A description of the instances in which no agreement was

reached.

(E) A report on progress in conducting investigations and

studies under paragraph (1).

(F) A report on progress in conducting remedial actions.

(G) A report on progress in conducting remedial action at

facilities which are not listed on the National Priorities

List.

With respect to instances in which no agreement was reached

within the required time period, the department, agency, or

instrumentality filing the report under this paragraph shall

include in such report an explanation of the reasons why no

agreement was reached. The annual report required by this

paragraph shall also contain a detailed description on a

State-by-State basis of the status of each facility subject to

this section, including a description of the hazard presented by

each facility, plans and schedules for initiating and completing

response action, enforcement status (where appropriate), and an

explanation of any postponements or failure to complete response

action. Such reports shall also be submitted to the affected

States.

(6) Settlements with other parties

If the Administrator, in consultation with the head of the

relevant department, agency, or instrumentality of the United

States, determines that remedial investigations and feasibility

studies or remedial action will be done properly at the Federal

facility by another potentially responsible party within the

deadlines provided in paragraphs (1), (2), and (3) of this

subsection, the Administrator may enter into an agreement with

such party under section 9622 of this title (relating to

settlements). Following approval by the Attorney General of any

such agreement relating to a remedial action, the agreement shall

be entered in the appropriate United States district court as a

consent decree under section 9606 of this title.

(f) State and local participation

The Administrator and each department, agency, or instrumentality

responsible for compliance with this section shall afford to

relevant State and local officials the opportunity to participate

in the planning and selection of the remedial action, including but

not limited to the review of all applicable data as it becomes

available and the development of studies, reports, and action

plans. In the case of State officials, the opportunity to

participate shall be provided in accordance with section 9621 of

this title.

(g) Transfer of authorities

Except for authorities which are delegated by the Administrator

to an officer or employee of the Environmental Protection Agency,

no authority vested in the Administrator under this section may be

transferred, by executive order of the President or otherwise, to

any other officer or employee of the United States or to any other

person.

(h) Property transferred by Federal agencies

(1) Notice

After the last day of the 6-month period beginning on the

effective date of regulations under paragraph (2) of this

subsection, whenever any department, agency, or instrumentality

of the United States enters into any contract for the sale or

other transfer of real property which is owned by the United

States and on which any hazardous substance was stored for one

year or more, known to have been released, or disposed of, the

head of such department, agency, or instrumentality shall include

in such contract notice of the type and quantity of such

hazardous substance and notice of the time at which such storage,

release, or disposal took place, to the extent such information

is available on the basis of a complete search of agency files.

(2) Form of notice; regulations

Notice under this subsection shall be provided in such form and

manner as may be provided in regulations promulgated by the

Administrator. As promptly as practicable after October 17, 1986,

but not later than 18 months after October 17, 1986, and after

consultation with the Administrator of the General Services

Administration, the Administrator shall promulgate regulations

regarding the notice required to be provided under this

subsection.

(3) Contents of certain deeds

(A) In general

After the last day of the 6-month period beginning on the

effective date of regulations under paragraph (2) of this

subsection, in the case of any real property owned by the

United States on which any hazardous substance was stored for

one year or more, known to have been released, or disposed of,

each deed entered into for the transfer of such property by the

United States to any other person or entity shall contain -

(i) to the extent such information is available on the

basis of a complete search of agency files -

(I) a notice of the type and quantity of such hazardous

substances,

(II) notice of the time at which such storage, release,

or disposal took place, and

(III) a description of the remedial action taken, if any;

(ii) a covenant warranting that -

(I) all remedial action necessary to protect human health

and the environment with respect to any such substance

remaining on the property has been taken before the date of

such transfer, and

(II) any additional remedial action found to be necessary

after the date of such transfer shall be conducted by the

United States; and

(iii) a clause granting the United States access to the

property in any case in which remedial action or corrective

action is found to be necessary after the date of such

transfer.

(B) Covenant requirements

For purposes of subparagraphs (A)(ii)(I) and (C)(iii), all

remedial action described in such subparagraph has been taken

if the construction and installation of an approved remedial

design has been completed, and the remedy has been demonstrated

to the Administrator to be operating properly and successfully.

The carrying out of long-term pumping and treating, or

operation and maintenance, after the remedy has been

demonstrated to the Administrator to be operating properly and

successfully does not preclude the transfer of the property.

The requirements of subparagraph (A)(ii) shall not apply in any

case in which the person or entity to whom the real property is

transferred is a potentially responsible party with respect to

such property. The requirements of subparagraph (A)(ii) shall

not apply in any case in which the transfer of the property

occurs or has occurred by means of a lease, without regard to

whether the lessee has agreed to purchase the property or

whether the duration of the lease is longer than 55 years. In

the case of a lease entered into after September 30, 1995, with

respect to real property located at an installation approved

for closure or realignment under a base closure law, the agency

leasing the property, in consultation with the Administrator,

shall determine before leasing the property that the property

is suitable for lease, that the uses contemplated for the lease

are consistent with protection of human health and the

environment, and that there are adequate assurances that the

United States will take all remedial action referred to in

subparagraph (A)(ii) that has not been taken on the date of the

lease.

(C) Deferral

(i) In general

The Administrator, with the concurrence of the Governor of

the State in which the facility is located (in the case of

real property at a Federal facility that is listed on the

National Priorities List), or the Governor of the State in

which the facility is located (in the case of real property

at a Federal facility not listed on the National Priorities

List) may defer the requirement of subparagraph (A)(ii)(I)

with respect to the property if the Administrator or the

Governor, as the case may be, determines that the property is

suitable for transfer, based on a finding that -

(I) the property is suitable for transfer for the use

intended by the transferee, and the intended use is

consistent with protection of human health and the

environment;

(II) the deed or other agreement proposed to govern the

transfer between the United States and the transferee of

the property contains the assurances set forth in clause

(ii);

(III) the Federal agency requesting deferral has provided

notice, by publication in a newspaper of general

circulation in the vicinity of the property, of the

proposed transfer and of the opportunity for the public to

submit, within a period of not less than 30 days after the

date of the notice, written comments on the suitability of

the property for transfer; and

(IV) the deferral and the transfer of the property will

not substantially delay any necessary response action at

the property.

(ii) Response action assurances

With regard to a release or threatened release of a

hazardous substance for which a Federal agency is potentially

responsible under this section, the deed or other agreement

proposed to govern the transfer shall contain assurances that

-

(I) provide for any necessary restrictions on the use of

the property to ensure the protection of human health and

the environment;

(II) provide that there will be restrictions on use

necessary to ensure that required remedial investigations,

response action, and oversight activities will not be

disrupted;

(III) provide that all necessary response action will be

taken and identify the schedules for investigation and

completion of all necessary response action as approved by

the appropriate regulatory agency; and

(IV) provide that the Federal agency responsible for the

property subject to transfer will submit a budget request

to the Director of the Office of Management and Budget that

adequately addresses schedules for investigation and

completion of all necessary response action, subject to

congressional authorizations and appropriations.

(iii) Warranty

When all response action necessary to protect human health

and the environment with respect to any substance remaining

on the property on the date of transfer has been taken, the

United States shall execute and deliver to the transferee an

appropriate document containing a warranty that all such

response action has been taken, and the making of the

warranty shall be considered to satisfy the requirement of

subparagraph (A)(ii)(I).

(iv) Federal responsibility

A deferral under this subparagraph shall not increase,

diminish, or affect in any manner any rights or obligations

of a Federal agency (including any rights or obligations

under this section and sections 9606 and 9607 of this title

existing prior to transfer) with respect to a property

transferred under this subparagraph.

(4) Identification of uncontaminated property

(A) In the case of real property to which this paragraph

applies (as set forth in subparagraph (E)), the head of the

department, agency, or instrumentality of the United States with

jurisdiction over the property shall identify the real property

on which no hazardous substances and no petroleum products or

their derivatives were known to have been released or disposed

of. Such identification shall be based on an investigation of the

real property to determine or discover the obviousness of the

presence or likely presence of a release or threatened release of

any hazardous substance or any petroleum product or its

derivatives, including aviation fuel and motor oil, on the real

property. The identification shall consist, at a minimum, of a

review of each of the following sources of information concerning

the current and previous uses of the real property:

(i) A detailed search of Federal Government records

pertaining to the property.

(ii) Recorded chain of title documents regarding the real

property.

(iii) Aerial photographs that may reflect prior uses of the

real property and that are reasonably obtainable through State

or local government agencies.

(iv) A visual inspection of the real property and any

buildings, structures, equipment, pipe, pipeline, or other

improvements on the real property, and a visual inspection of

properties immediately adjacent to the real property.

(v) A physical inspection of property adjacent to the real

property, to the extent permitted by owners or operators of

such property.

(vi) Reasonably obtainable Federal, State, and local

government records of each adjacent facility where there has

been a release of any hazardous substance or any petroleum

product or its derivatives, including aviation fuel and motor

oil, and which is likely to cause or contribute to a release or

threatened release of any hazardous substance or any petroleum

product or its derivatives, including aviation fuel and motor

oil, on the real property.

(vii) Interviews with current or former employees involved in

operations on the real property.

Such identification shall also be based on sampling, if

appropriate under the circumstances. The results of the

identification shall be provided immediately to the Administrator

and State and local government officials and made available to

the public.

(B) The identification required under subparagraph (A) is not

complete until concurrence in the results of the identification

is obtained, in the case of real property that is part of a

facility on the National Priorities List, from the Administrator,

or, in the case of real property that is not part of a facility

on the National Priorities List, from the appropriate State

official. In the case of a concurrence which is required from a

State official, the concurrence is deemed to be obtained if,

within 90 days after receiving a request for the concurrence, the

State official has not acted (by either concurring or declining

to concur) on the request for concurrence.

(C)(i) Except as provided in clauses (ii), (iii), and (iv), the

identification and concurrence required under subparagraphs (A)

and (B), respectively, shall be made at least 6 months before the

termination of operations on the real property.

(ii) In the case of real property described in subparagraph

(E)(i)(II) on which operations have been closed or realigned or

scheduled for closure or realignment pursuant to a base closure

law described in subparagraph (E)(ii)(I) or (E)(ii)(II) by

October 19, 1992, the identification and concurrence required

under subparagraphs (A) and (B), respectively, shall be made not

later than 18 months after October 19, 1992.

(iii) In the case of real property described in subparagraph

(E)(i)(II) on which operations are closed or realigned or become

scheduled for closure or realignment pursuant to the base closure

law described in subparagraph (E)(ii)(II) after October 19, 1992,

the identification and concurrence required under subparagraphs

(A) and (B), respectively, shall be made not later than 18 months

after the date by which a joint resolution disapproving the

closure or realignment of the real property under section 2904(b)

of such base closure law must be enacted, and such a joint

resolution has not been enacted.

(iv) In the case of real property described in subparagraphs

(E)(i)(II) on which operations are closed or realigned pursuant

to a base closure law described in subparagraph (E)(ii)(III) or

(E)(ii)(IV), the identification and concurrence required under

subparagraphs (A) and (B), respectively, shall be made not later

than 18 months after the date on which the real property is

selected for closure or realignment pursuant to such a base

closure law.

(D) In the case of the sale or other transfer of any parcel of

real property identified under subparagraph (A), the deed entered

into for the sale or transfer of such property by the United

States to any other person or entity shall contain -

(i) a covenant warranting that any response action or

corrective action found to be necessary after the date of such

sale or transfer shall be conducted by the United States; and

(ii) a clause granting the United States access to the

property in any case in which a response action or corrective

action is found to be necessary after such date at such

property, or such access is necessary to carry out a response

action or corrective action on adjoining property.

(E)(i) This paragraph applies to -

(I) real property owned by the United States and on which the

United States plans to terminate Federal Government operations,

other than real property described in subclause (II); and

(II) real property that is or has been used as a military

installation and on which the United States plans to close or

realign military operations pursuant to a base closure law.

(ii) For purposes of this paragraph, the term "base closure

law" includes the following:

(I) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

(II) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

(III) Section 2687 of title 10.

(IV) Any provision of law authorizing the closure or

realignment of a military installation enacted on or after

October 19, 1992.

(F) Nothing in this paragraph shall affect, preclude, or

otherwise impair the termination of Federal Government operations

on real property owned by the United States.

(5) Notification of States regarding certain leases

In the case of real property owned by the United States, on

which any hazardous substance or any petroleum product or its

derivatives (including aviation fuel and motor oil) was stored

for one year or more, known to have been released, or disposed

of, and on which the United States plans to terminate Federal

Government operations, the head of the department, agency, or

instrumentality of the United States with jurisdiction over the

property shall notify the State in which the property is located

of any lease entered into by the United States that will encumber

the property beyond the date of termination of operations on the

property. Such notification shall be made before entering into

the lease and shall include the length of the lease, the name of

person to whom the property is leased, and a description of the

uses that will be allowed under the lease of the property and

buildings and other structures on the property.

(i) Obligations under Solid Waste Disposal Act

Nothing in this section shall affect or impair the obligation of

any department, agency, or instrumentality of the United States to

comply with any requirement of the Solid Waste Disposal Act [42

U.S.C. 6901 et seq.] (including corrective action requirements).

(j) National security

(1) Site specific Presidential orders

The President may issue such orders regarding response actions

at any specified site or facility of the Department of Energy or

the Department of Defense as may be necessary to protect the

national security interests of the United States at that site or

facility. Such orders may include, where necessary to protect

such interests, an exemption from any requirement contained in

this subchapter or under title III of the Superfund Amendments

and Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.] with

respect to the site or facility concerned. The President shall

notify the Congress within 30 days of the issuance of an order

under this paragraph providing for any such exemption. Such

notification shall include a statement of the reasons for the

granting of the exemption. An exemption under this paragraph

shall be for a specified period which may not exceed one year.

Additional exemptions may be granted, each upon the President's

issuance of a new order under this paragraph for the site or

facility concerned. Each such additional exemption shall be for a

specified period which may not exceed one year. It is the

intention of the Congress that whenever an exemption is issued

under this paragraph the response action shall proceed as

expeditiously as practicable. The Congress shall be notified

periodically of the progress of any response action with respect

to which an exemption has been issued under this paragraph. No

exemption shall be granted under this paragraph due to lack of

appropriation unless the President shall have specifically

requested such appropriation as a part of the budgetary process

and the Congress shall have failed to make available such

requested appropriation.

(2) Classified information

Notwithstanding any other provision of law, all requirements of

the Atomic Energy Act [42 U.S.C. 2011 et seq.] and all Executive

orders concerning the handling of restricted data and national

security information, including "need to know" requirements,

shall be applicable to any grant of access to classified

information under the provisions of this chapter or under title

III of the Superfund Amendments and Reauthorization Act of 1986

[42 U.S.C. 11001 et seq.].

-SOURCE-

(Pub. L. 96-510, title I, Sec. 120, as added Pub. L. 99-499, title

I, Sec. 120(a), Oct. 17, 1986, 100 Stat. 1666; amended Pub. L.

102-426, Secs. 3-5, Oct. 19, 1992, 106 Stat. 2175-2177; Pub. L.

104-106, div. B, title XXVIII, Sec. 2834, Feb. 10, 1996, 110 Stat.

559; Pub. L. 104-201, div. A, title III, Secs. 330, 331, 334, Sept.

23, 1996, 110 Stat. 2484, 2486.)

-REFTEXT-

REFERENCES IN TEXT

Section 2904(b) of such base closure law, referred to in subsec.

(h)(4)(C)(iii), means section 2904(b) of Pub. L. 101-510, which is

set out as a note under section 2687 of Title 10, Armed Forces.

The Solid Waste Disposal Act, referred to in subsec. (i), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

Title III of the Superfund Amendments and Reauthorization Act of

1986, referred to in subsec. (j), is title III of Pub. L. 99-499,

Oct. 17, 1986, 100 Stat. 1728, known as the Emergency Planning and

Community Right-To-Know Act of 1986, which is classified generally

to chapter 116 (Sec. 11001 et seq.) of this title. For complete

classification of title III to the Code, see Short Title note set

out under section 11001 of this title and Tables.

The Atomic Energy Act, referred to in subsec. (j)(2), probably

means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as

added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and

amended, which is classified generally to chapter 23 (Sec. 2011 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2011 of this title

and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(4). Pub. L. 104-201, Sec. 334(b), inserted "or

facilities that are the subject of a deferral under subsection

(h)(3)(C) of this section" after "United States".

Subsec. (d). Pub. L. 104-201, Sec. 330(2)-(4), designated

existing provisions as par. (1), inserted par. heading, substituted

"The Administrator" for "Not later than 18 months after October 17,

1986, the Administrator", realigned margins of par. (1) and

subpars. (A) and (B), and substituted pars. (2) and (3) for "Such

criteria shall be applied in the same manner as the criteria are

applied to facilities which are owned or operated by other persons.

Evaluation and listing under this subsection shall be completed not

later than 30 months after October 17, 1986. Upon the receipt of a

petition from the Governor of any State, the Administrator shall

make such an evaluation of any facility included in the docket."

Pub. L. 104-201, Sec. 330(1), redesignated pars. (1) and (2) as

subpars. (A) and (B), respectively.

Subsec. (h)(3). Pub. L. 104-201, Sec. 334(a)(8), added subpar.

(C).

Pub. L. 104-201, Sec. 334(a)(6), (7), designated existing

provisions as subpar. (B), inserted heading, substituted "For

purposes of subparagraphs (A)(ii)(I) and (C)(iii)" for "For

purposes of subparagraph (B)(i)", and substituted "subparagraph

(A)(ii)" for "subparagraph (B)" in three places.

Pub. L. 104-201, Sec. 334(a)(1)-(5), designated first sentence as

subpar. (A), inserted heading, redesignated former subpar. (A) and

cls. (i) to (iii) of that subpar. as cl. (i) of subpar. (A) and

subcls. (I) to (III) of that cl., respectively, redesignated former

subpar. (B) and cls. (i) and (ii) of that subpar. as cl. (ii) of

subpar. (A) and subcls. (I) and (II) of that cl., respectively,

redesignated former subpar. (C) as cl. (iii) of subpar. (A), and

realigned margins of such cls. and subcls.

Pub. L. 104-106, Sec. 2834(2), which directed that par. (3) be

amended in the matter following subpar. (C) by adding at the end,

flush to the paragraph margin, the following, was executed by

inserting the following provision at the end of the concluding

provisions "The requirements of subparagraph (B) shall not apply in

any case in which the person or entity to whom the real property is

transferred is a potentially responsible party with respect to such

property. The requirements of subparagraph (B) shall not apply in

any case in which the transfer of the property occurs or has

occurred by means of a lease, without regard to whether the lessee

has agreed to purchase the property or whether the duration of the

lease is longer than 55 years. In the case of a lease entered into

after September 30, 1995, with respect to real property located at

an installation approved for closure or realignment under a base

closure law, the agency leasing the property, in consultation with

the Administrator, shall determine before leasing the property that

the property is suitable for lease, that the uses contemplated for

the lease are consistent with protection of human health and the

environment, and that there are adequate assurances that the United

States will take all remedial action referred to in subparagraph

(B) that has not been taken on the date of the lease."

Pub. L. 104-106, Sec. 2834(1), struck out first sentence of

concluding provisions which read as follows: "The requirements of

subparagraph (B) shall not apply in any case in which the person or

entity to whom the property is transferred is a potentially

responsible party with respect to such real property."

Subsec. (h)(4)(A). Pub. L. 104-201, Sec. 331, substituted "known

to have been released" for "stored for one year or more, known to

have been released,".

1992 - Subsec. (h)(3). Pub. L. 102-426, Sec. 4(a), inserted at

end "For purposes of subparagraph (B)(i), all remedial action

described in such subparagraph has been taken if the construction

and installation of an approved remedial design has been completed,

and the remedy has been demonstrated to the Administrator to be

operating properly and successfully. The carrying out of long-term

pumping and treating, or operation and maintenance, after the

remedy has been demonstrated to the Administrator to be operating

properly and successfully does not preclude the transfer of the

property."

Subsec. (h)(3)(C). Pub. L. 102-426, Sec. 4(b), added subpar. (C).

Subsec. (h)(4). Pub. L. 102-426, Sec. 3, added par. (4).

Subsec. (h)(5). Pub. L. 102-426, Sec. 5, added par. (5).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (e)(5) of this section is

listed as the 5th item on page 151), see section 3003 of Pub. L.

104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of

Pub. L. 106-554, set out as notes under section 1113 of Title 31,

Money and Finance.

IDENTIFICATION OF UNCONTAMINATED PROPERTY AT INSTALLATIONS TO BE

CLOSED

Pub. L. 103-160, div. B, title XXIX, Sec. 2910, Nov. 30, 1993,

107 Stat. 1924, provided that: "The identification by the Secretary

of Defense required under section 120(h)(4)(A) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9620(h)(4)(A)), and the concurrence required under section

120(h)(4)(B) of such Act, shall be made not later than the earlier

of -

"(1) the date that is 9 months after the date of the submittal,

if any, to the transition coordinator for the installation

concerned of a specific use proposed for all or a portion of the

real property of the installation; or

"(2) the date specified in section 120(h)(4)(C)(iii) of such

Act."

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 102-426 provided that: "The Congress finds

the following:

"(1) The closure of certain Federal facilities is having

adverse effects on the economies of local communities by

eliminating jobs associated with such facilities, and delay in

remediation of environmental contamination of real property at

such facilities is preventing transfer and private development of

such property.

"(2) Each department, agency, or instrumentality of the United

States, in cooperation with local communities, should

expeditiously identify real property that offers the greatest

opportunity for reuse and redevelopment on each facility under

the jurisdiction of the department, agency, or instrumentality

where operations are terminating.

"(3) Remedial actions, including remedial investigations and

feasibility studies, and corrective actions at such Federal

facilities should be expedited in a manner to facilitate

environmental protection and the sale or transfer of such excess

real property for the purpose of mitigating adverse economic

effects on the surrounding community.

"(4) Each department, agency, or instrumentality of the United

States, in accordance with applicable law, should make available

without delay such excess real property.

"(5) In the case of any real property owned by the United

States and transferred to another person, the United States

Government should remain responsible for conducting any remedial

action or corrective action necessary to protect human health and

the environment with respect to any hazardous substance or

petroleum product or its derivatives, including aviation fuel and

motor oil, that was present on such real property at the time of

transfer."

APPLICABILITY

Section 120(b) of Pub. L. 99-499 provided that: "Section 120 of

CERCLA [42 U.S.C. 9620] shall not apply to any response action or

remedial action for which a plan is under development by the

Department of Energy on the date of enactment of this Act [Oct. 17,

1986] with respect to facilities -

"(1) owned or operated by the United States and subject to the

jurisdiction of such Department;

"(2) located in St. Charles and St. Louis counties, Missouri,

or the city of St. Louis, Missouri, and

"(3) published in the National Priorities List.

In preparing such plans, the Secretary of Energy shall consult with

the Administrator of the Environmental Protection Agency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7274q, 9604, 9607, 9609,

9613, 9617, 9622, 9659 of this title; title 10 section 2701.

-End-

-CITE-

42 USC Sec. 9621 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9621. Cleanup standards

-STATUTE-

(a) Selection of remedial action

The President shall select appropriate remedial actions

determined to be necessary to be carried out under section 9604 of

this title or secured under section 9606 of this title which are in

accordance with this section and, to the extent practicable, the

national contingency plan, and which provide for cost-effective

response. In evaluating the cost effectiveness of proposed

alternative remedial actions, the President shall take into account

the total short- and long-term costs of such actions, including the

costs of operation and maintenance for the entire period during

which such activities will be required.

(b) General rules

(1) Remedial actions in which treatment which permanently and

significantly reduces the volume, toxicity or mobility of the

hazardous substances, pollutants, and contaminants is a principal

element, are to be preferred over remedial actions not involving

such treatment. The offsite transport and disposal of hazardous

substances or contaminated materials without such treatment should

be the least favored alternative remedial action where practicable

treatment technologies are available. The President shall conduct

an assessment of permanent solutions and alternative treatment

technologies or resource recovery technologies that, in whole or in

part, will result in a permanent and significant decrease in the

toxicity, mobility, or volume of the hazardous substance,

pollutant, or contaminant. In making such assessment, the President

shall specifically address the long-term effectiveness of various

alternatives. In assessing alternative remedial actions, the

President shall, at a minimum, take into account:

(A) the long-term uncertainties associated with land disposal;

(B) the goals, objectives, and requirements of the Solid Waste

Disposal Act [42 U.S.C. 6901 et seq.];

(C) the persistence, toxicity, mobility, and propensity to

bioaccumulate of such hazardous substances and their

constituents;

(D) short- and long-term potential for adverse health effects

from human exposure;

(E) long-term maintenance costs;

(F) the potential for future remedial action costs if the

alternative remedial action in question were to fail; and

(G) the potential threat to human health and the environment

associated with excavation, transportation, and redisposal, or

containment.

The President shall select a remedial action that is protective of

human health and the environment, that is cost effective, and that

utilizes permanent solutions and alternative treatment technologies

or resource recovery technologies to the maximum extent

practicable. If the President selects a remedial action not

appropriate for a preference under this subsection, the President

shall publish an explanation as to why a remedial action involving

such reductions was not selected.

(2) The President may select an alternative remedial action

meeting the objectives of this subsection whether or not such

action has been achieved in practice at any other facility or site

that has similar characteristics. In making such a selection, the

President may take into account the degree of support for such

remedial action by parties interested in such site.

(c) Review

If the President selects a remedial action that results in any

hazardous substances, pollutants, or contaminants remaining at the

site, the President shall review such remedial action no less often

than each 5 years after the initiation of such remedial action to

assure that human health and the environment are being protected by

the remedial action being implemented. In addition, if upon such

review it is the judgment of the President that action is

appropriate at such site in accordance with section 9604 or 9606 of

this title, the President shall take or require such action. The

President shall report to the Congress a list of facilities for

which such review is required, the results of all such reviews, and

any actions taken as a result of such reviews.

(d) Degree of cleanup

(1) Remedial actions selected under this section or otherwise

required or agreed to by the President under this chapter shall

attain a degree of cleanup of hazardous substances, pollutants, and

contaminants released into the environment and of control of

further release at a minimum which assures protection of human

health and the environment. Such remedial actions shall be relevant

and appropriate under the circumstances presented by the release or

threatened release of such substance, pollutant, or contaminant.

(2)(A) With respect to any hazardous substance, pollutant or

contaminant that will remain onsite, if -

(i) any standard, requirement, criteria, or limitation under

any Federal environmental law, including, but not limited to, the

Toxic Substances Control Act [15 U.S.C. 2601 et seq.], the Safe

Drinking Water Act [42 U.S.C. 300f et seq.], the Clean Air Act

[42 U.S.C. 7401 et seq.], the Clean Water Act [33 U.S.C. 1251 et

seq.], the Marine Protection, Research and Sanctuaries Act [16

U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801

et seq.], or the Solid Waste Disposal Act [42 U.S.C. 6901 et

seq.]; or

(ii) any promulgated standard, requirement, criteria, or

limitation under a State environmental or facility siting law

that is more stringent than any Federal standard, requirement,

criteria, or limitation, including each such State standard,

requirement, criteria, or limitation contained in a program

approved, authorized or delegated by the Administrator under a

statute cited in subparagraph (A), and that has been identified

to the President by the State in a timely manner,

is legally applicable to the hazardous substance or pollutant or

contaminant concerned or is relevant and appropriate under the

circumstances of the release or threatened release of such

hazardous substance or pollutant or contaminant, the remedial

action selected under section 9604 of this title or secured under

section 9606 of this title shall require, at the completion of the

remedial action, a level or standard of control for such hazardous

substance or pollutant or contaminant which at least attains such

legally applicable or relevant and appropriate standard,

requirement, criteria, or limitation. Such remedial action shall

require a level or standard of control which at least attains

Maximum Contaminant Level Goals established under the Safe Drinking

Water Act [42 U.S.C. 300f et seq.] and water quality criteria

established under section 304 or 303 of the Clean Water Act [33

U.S.C. 1314, 1313], where such goals or criteria are relevant and

appropriate under the circumstances of the release or threatened

release.

(B)(i) In determining whether or not any water quality criteria

under the Clean Water Act [33 U.S.C. 1251 et seq.] is relevant and

appropriate under the circumstances of the release or threatened

release, the President shall consider the designated or potential

use of the surface or groundwater, the environmental media

affected, the purposes for which such criteria were developed, and

the latest information available.

(ii) For the purposes of this section, a process for establishing

alternate concentration limits to those otherwise applicable for

hazardous constituents in groundwater under subparagraph (A) may

not be used to establish applicable standards under this paragraph

if the process assumes a point of human exposure beyond the

boundary of the facility, as defined at the conclusion of the

remedial investigation and feasibility study, except where -

(I) there are known and projected points of entry of such

groundwater into surface water; and

(II) on the basis of measurements or projections, there is or

will be no statistically significant increase of such

constituents from such groundwater in such surface water at the

point of entry or at any point where there is reason to believe

accumulation of constituents may occur downstream; and

(III) the remedial action includes enforceable measures that

will preclude human exposure to the contaminated groundwater at

any point between the facility boundary and all known and

projected points of entry of such groundwater into surface water

then the assumed point of human exposure may be at such known and

projected points of entry.

(C)(i) Clause (ii) of this subparagraph shall be applicable only

in cases where, due to the President's selection, in compliance

with subsection (b)(1) of this section, of a proposed remedial

action which does not permanently and significantly reduce the

volume, toxicity, or mobility of hazardous substances, pollutants,

or contaminants, the proposed disposition of waste generated by or

associated with the remedial action selected by the President is

land disposal in a State referred to in clause (ii).

(ii) Except as provided in clauses (iii) and (iv), a State

standard, requirement, criteria, or limitation (including any State

siting standard or requirement) which could effectively result in

the statewide prohibition of land disposal of hazardous substances,

pollutants, or contaminants shall not apply.

(iii) Any State standard, requirement, criteria, or limitation

referred to in clause (ii) shall apply where each of the following

conditions is met:

(I) The State standard, requirement, criteria, or limitation is

of general applicability and was adopted by formal means.

(II) The State standard, requirement, criteria, or limitation

was adopted on the basis of hydrologic, geologic, or other

relevant considerations and was not adopted for the purpose of

precluding onsite remedial actions or other land disposal for

reasons unrelated to protection of human health and the

environment.

(III) The State arranges for, and assures payment of the

incremental costs of utilizing, a facility for disposition of the

hazardous substances, pollutants, or contaminants concerned.

(iv) Where the remedial action selected by the President does not

conform to a State standard and the State has initiated a law suit

against the Environmental Protection Agency prior to May 1, 1986,

to seek to have the remedial action conform to such standard, the

President shall conform the remedial action to the State standard.

The State shall assure the availability of an offsite facility for

such remedial action.

(3) In the case of any removal or remedial action involving the

transfer of any hazardous substance or pollutant or contaminant

offsite, such hazardous substance or pollutant or contaminant shall

only be transferred to a facility which is operating in compliance

with section 3004 and 3005 of the Solid Waste Disposal Act [42

U.S.C. 6924, 6925] (or, where applicable, in compliance with the

Toxic Substances Control Act [15 U.S.C. 2601 et seq.] or other

applicable Federal law) and all applicable State requirements. Such

substance or pollutant or contaminant may be transferred to a land

disposal facility only if the President determines that both of the

following requirements are met:

(A) The unit to which the hazardous substance or pollutant or

contaminant is transferred is not releasing any hazardous waste,

or constituent thereof, into the groundwater or surface water or

soil.

(B) All such releases from other units at the facility are

being controlled by a corrective action program approved by the

Administrator under subtitle C of the Solid Waste Disposal Act

[42 U.S.C. 6921 et seq.].

The President shall notify the owner or operator of such facility

of determinations under this paragraph.

(4) The President may select a remedial action meeting the

requirements of paragraph (1) that does not attain a level or

standard of control at least equivalent to a legally applicable or

relevant and appropriate standard, requirement, criteria, or

limitation as required by paragraph (2) (including subparagraph (B)

thereof), if the President finds that -

(A) the remedial action selected is only part of a total

remedial action that will attain such level or standard of

control when completed;

(B) compliance with such requirement at that facility will

result in greater risk to human health and the environment than

alternative options;

(C) compliance with such requirements is technically

impracticable from an engineering perspective;

(D) the remedial action selected will attain a standard of

performance that is equivalent to that required under the

otherwise applicable standard, requirement, criteria, or

limitation, through use of another method or approach;

(E) with respect to a State standard, requirement, criteria, or

limitation, the State has not consistently applied (or

demonstrated the intention to consistently apply) the standard,

requirement, criteria, or limitation in similar circumstances at

other remedial actions within the State; or

(F) in the case of a remedial action to be undertaken solely

under section 9604 of this title using the Fund, selection of a

remedial action that attains such level or standard of control

will not provide a balance between the need for protection of

public health and welfare and the environment at the facility

under consideration, and the availability of amounts from the

Fund to respond to other sites which present or may present a

threat to public health or welfare or the environment, taking

into consideration the relative immediacy of such threats.

The President shall publish such findings, together with an

explanation and appropriate documentation.

(e) Permits and enforcement

(1) No Federal, State, or local permit shall be required for the

portion of any removal or remedial action conducted entirely

onsite, where such remedial action is selected and carried out in

compliance with this section.

(2) A State may enforce any Federal or State standard,

requirement, criteria, or limitation to which the remedial action

is required to conform under this chapter in the United States

district court for the district in which the facility is located.

Any consent decree shall require the parties to attempt

expeditiously to resolve disagreements concerning implementation of

the remedial action informally with the appropriate Federal and

State agencies. Where the parties agree, the consent decree may

provide for administrative enforcement. Each consent decree shall

also contain stipulated penalties for violations of the decree in

an amount not to exceed $25,000 per day, which may be enforced by

either the President or the State. Such stipulated penalties shall

not be construed to impair or affect the authority of the court to

order compliance with the specific terms of any such decree.

(f) State involvement

(1) The President shall promulgate regulations providing for

substantial and meaningful involvement by each State in initiation,

development, and selection of remedial actions to be undertaken in

that State. The regulations, at a minimum, shall include each of

the following:

(A) State involvement in decisions whether to perform a

preliminary assessment and site inspection.

(B) Allocation of responsibility for hazard ranking system

scoring.

(C) State concurrence in deleting sites from the National

Priorities List.

(D) State participation in the long-term planning process for

all remedial sites within the State.

(E) A reasonable opportunity for States to review and comment

on each of the following:

(i) The remedial investigation and feasibility study and all

data and technical documents leading to its issuance.

(ii) The planned remedial action identified in the remedial

investigation and feasibility study.

(iii) The engineering design following selection of the final

remedial action.

(iv) Other technical data and reports relating to

implementation of the remedy.

(v) Any proposed finding or decision by the President to

exercise the authority of subsection (d)(4) of this section.

(F) Notice to the State of negotiations with potentially

responsible parties regarding the scope of any response action at

a facility in the State and an opportunity to participate in such

negotiations and, subject to paragraph (2), be a party to any

settlement.

(G) Notice to the State and an opportunity to comment on the

President's proposed plan for remedial action as well as on

alternative plans under consideration. The President's proposed

decision regarding the selection of remedial action shall be

accompanied by a response to the comments submitted by the State,

including an explanation regarding any decision under subsection

(d)(4) of this section on compliance with promulgated State

standards. A copy of such response shall also be provided to the

State.

(H) Prompt notice and explanation of each proposed action to

the State in which the facility is located.

Prior to the promulgation of such regulations, the President shall

provide notice to the State of negotiations with potentially

responsible parties regarding the scope of any response action at a

facility in the State, and such State may participate in such

negotiations and, subject to paragraph (2), any settlements.

(2)(A) This paragraph shall apply to remedial actions secured

under section 9606 of this title. At least 30 days prior to the

entering of any consent decree, if the President proposes to select

a remedial action that does not attain a legally applicable or

relevant and appropriate standard, requirement, criteria, or

limitation, under the authority of subsection (d)(4) of this

section, the President shall provide an opportunity for the State

to concur or not concur in such selection. If the State concurs,

the State may become a signatory to the consent decree.

(B) If the State does not concur in such selection, and the State

desires to have the remedial action conform to such standard,

requirement, criteria, or limitation, the State shall intervene in

the action under section 9606 of this title before entry of the

consent decree, to seek to have the remedial action so conform.

Such intervention shall be a matter of right. The remedial action

shall conform to such standard, requirement, criteria, or

limitation if the State establishes, on the administrative record,

that the finding of the President was not supported by substantial

evidence. If the court determines that the remedial action shall

conform to such standard, requirement, criteria, or limitation, the

remedial action shall be so modified and the State may become a

signatory to the decree. If the court determines that the remedial

action need not conform to such standard, requirement, criteria, or

limitation, and the State pays or assures the payment of the

additional costs attributable to meeting such standard,

requirement, criteria, or limitation, the remedial action shall be

so modified and the State shall become a signatory to the decree.

(C) The President may conclude settlement negotiations with

potentially responsible parties without State concurrence.

(3)(A) This paragraph shall apply to remedial actions at

facilities owned or operated by a department, agency, or

instrumentality of the United States. At least 30 days prior to the

publication of the President's final remedial action plan, if the

President proposes to select a remedial action that does not attain

a legally applicable or relevant and appropriate standard,

requirement, criteria, or limitation, under the authority of

subsection (d)(4) of this section, the President shall provide an

opportunity for the State to concur or not concur in such

selection. If the State concurs, or does not act within 30 days,

the remedial action may proceed.

(B) If the State does not concur in such selection as provided in

subparagraph (A), and desires to have the remedial action conform

to such standard, requirement, criteria, or limitation, the State

may maintain an action as follows:

(i) If the President has notified the State of selection of

such a remedial action, the State may bring an action within 30

days of such notification for the sole purpose of determining

whether the finding of the President is supported by substantial

evidence. Such action shall be brought in the United States

district court for the district in which the facility is located.

(ii) If the State establishes, on the administrative record,

that the President's finding is not supported by substantial

evidence, the remedial action shall be modified to conform to

such standard, requirement, criteria, or limitation.

(iii) If the State fails to establish that the President's

finding was not supported by substantial evidence and if the

State pays, within 60 days of judgment, the additional costs

attributable to meeting such standard, requirement, criteria, or

limitation, the remedial action shall be selected to meet such

standard, requirement, criteria, or limitation. If the State

fails to pay within 60 days, the remedial action selected by the

President shall proceed through completion.

(C) Nothing in this section precludes, and the court shall not

enjoin, the Federal agency from taking any remedial action

unrelated to or not inconsistent with such standard, requirement,

criteria, or limitation.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 121, as added Pub. L. 99-499, title

I, Sec. 121(a), Oct. 17, 1986, 100 Stat. 1672.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsecs. (b)(1)(B)

and (d)(2)(A)(i), (3)(B), is title II of Pub. L. 89-272, Oct. 20,

1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, Sec. 2,

Oct. 21, 1976, 90 Stat. 2795, which is classified generally to

chapter 82 (Sec. 6901 et seq.) of this title. Subtitle C of the

Solid Waste Disposal Act is classified generally to subchapter III

(Sec. 6921 et seq.) of chapter 82 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6901 of this title and Tables.

The Toxic Substances Control Act, referred to in subsec.

(d)(2)(A)(i), (3), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003,

as amended, which is classified generally to chapter 53 (Sec. 2601

et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 2601 of Title 15 and Tables.

The Safe Drinking Water Act, referred to in subsec. (d)(2)(A), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 201 of this title and

Tables.

The Clean Air Act, referred to in subsec. (d)(2)(A)(i), is act

July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is

classified generally to chapter 85 (Sec. 7401 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 7401 of this title and

Tables.

The Clean Water Act, referred to in subsec. (d)(2)(A)(i), (B)(i),

is act June 30, 1948, ch. 758, as amended generally by Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as the

Federal Water Pollution Control Act, which is classified generally

to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and

Navigable Waters. For complete classification of this Act to the

Code, see Short Title note set out under section 1251 of Title 33

and Tables.

The Marine Protection, Research and Sanctuaries Act, referred to

in subsec. (d)(2)(A)(i), probably means the Marine Protection,

Research and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23,

1972, 86 Stat. 1052, as amended, which enacted chapters 32 (Sec.

1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,

Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801

et seq.) of Title 33. For complete classification of this Act to

the Code, see Short Title note set out under section 1401 of Title

33 and Tables.

-MISC1-

EFFECTIVE DATE

Section 121(b) of Pub. L. 99-499 provided that: "With respect to

section 121 of CERCLA [this section], as added by this section -

"(1) The requirements of section 121 of CERCLA shall not apply

to any remedial action for which the Record of Decision

(hereinafter in this section referred to as the 'ROD') was

signed, or the consent decree was lodged, before date of

enactment [Oct. 17, 1986].

"(2) If the ROD was signed, or the consent decree lodged,

within the 30-day period immediately following enactment of the

Act [Oct. 17, 1986], the Administrator shall certify in writing

that the portion of the remedial action covered by the ROD or

consent decree complies to the maximum extent practicable with

section 121 of CERCLA.

Any ROD signed before enactment of this Act [Oct. 17, 1986] and

reopened after enactment of this Act to modify or supplement the

selection of remedy shall be subject to the requirements of section

121 of CERCLA."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the report under subsec. (c) of this section appears to be

the report listed as the 15th item on page 20), see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9604, 9613, 9617, 9620 of

this title.

-End-

-CITE-

42 USC Sec. 9622 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9622. Settlements

-STATUTE-

(a) Authority to enter into agreements

The President, in his discretion, may enter into an agreement

with any person (including the owner or operator of the facility

from which a release or substantial threat of release emanates, or

any other potentially responsible person), to perform any response

action (including any action described in section 9604(b) of this

title) if the President determines that such action will be done

properly by such person. Whenever practicable and in the public

interest, as determined by the President, the President shall act

to facilitate agreements under this section that are in the public

interest and consistent with the National Contingency Plan in order

to expedite effective remedial actions and minimize litigation. If

the President decides not to use the procedures in this section,

the President shall notify in writing potentially responsible

parties at the facility of such decision and the reasons why use of

the procedures is inappropriate. A decision of the President to use

or not to use the procedures in this section is not subject to

judicial review.

(b) Agreements with potentially responsible parties

(1) Mixed funding

An agreement under this section may provide that the President

will reimburse the parties to the agreement from the Fund, with

interest, for certain costs of actions under the agreement that

the parties have agreed to perform but which the President has

agreed to finance. In any case in which the President provides

such reimbursement, the President shall make all reasonable

efforts to recover the amount of such reimbursement under section

9607 of this title or under other relevant authorities.

(2) Reviewability

The President's decisions regarding the availability of fund

financing under this subsection shall not be subject to judicial

review under subsection (d) of this section.

(3) Retention of funds

If, as part of any agreement, the President will be carrying

out any action and the parties will be paying amounts to the

President, the President may, notwithstanding any other provision

of law, retain and use such amounts for purposes of carrying out

the agreement.

(4) Future obligation of Fund

In the case of a completed remedial action pursuant to an

agreement described in paragraph (1), the Fund shall be subject

to an obligation for subsequent remedial actions at the same

facility but only to the extent that such subsequent actions are

necessary by reason of the failure of the original remedial

action. Such obligation shall be in a proportion equal to, but

not exceeding, the proportion contributed by the Fund for the

original remedial action. The Fund's obligation for such future

remedial action may be met through Fund expenditures or through

payment, following settlement or enforcement action, by parties

who were not signatories to the original agreement.

(c) Effect of agreement

(1) Liability

Whenever the President has entered into an agreement under this

section, the liability to the United States under this chapter of

each party to the agreement, including any future liability to

the United States, arising from the release or threatened release

that is the subject of the agreement shall be limited as provided

in the agreement pursuant to a covenant not to sue in accordance

with subsection (f) of this section. A covenant not to sue may

provide that future liability to the United States of a settling

potentially responsible party under the agreement may be limited

to the same proportion as that established in the original

settlement agreement. Nothing in this section shall limit or

otherwise affect the authority of any court to review in the

consent decree process under subsection (d) of this section any

covenant not to sue contained in an agreement under this section.

In determining the extent to which the liability of parties to an

agreement shall be limited pursuant to a covenant not to sue, the

President shall be guided by the principle that a more complete

covenant not to sue shall be provided for a more permanent remedy

undertaken by such parties.

(2) Actions against other persons

If an agreement has been entered into under this section, the

President may take any action under section 9606 of this title

against any person who is not a party to the agreement, once the

period for submitting a proposal under subsection (e)(2)(B) of

this section has expired. Nothing in this section shall be

construed to affect either of the following:

(A) The liability of any person under section 9606 or 9607 of

this title with respect to any costs or damages which are not

included in the agreement.

(B) The authority of the President to maintain an action

under this chapter against any person who is not a party to the

agreement.

(d) Enforcement

(1) Cleanup agreements

(A) Consent decree

Whenever the President enters into an agreement under this

section with any potentially responsible party with respect to

remedial action under section 9606 of this title, following

approval of the agreement by the Attorney General, except as

otherwise provided in the case of certain administrative

settlements referred to in subsection (g) of this section, the

agreement shall be entered in the appropriate United States

district court as a consent decree. The President need not make

any finding regarding an imminent and substantial endangerment

to the public health or the environment in connection with any

such agreement or consent decree.

(B) Effect

The entry of any consent decree under this subsection shall

not be construed to be an acknowledgment by the parties that

the release or threatened release concerned constitutes an

imminent and substantial endangerment to the public health or

welfare or the environment. Except as otherwise provided in the

Federal Rules of Evidence, the participation by any party in

the process under this section shall not be considered an

admission of liability for any purpose, and the fact of such

participation shall not be admissible in any judicial or

administrative proceeding, including a subsequent proceeding

under this section.

(C) Structure

The President may fashion a consent decree so that the

entering of such decree and compliance with such decree or with

any determination or agreement made pursuant to this section

shall not be considered an admission of liability for any

purpose.

(2) Public participation

(A) Filing of proposed judgment

At least 30 days before a final judgment is entered under

paragraph (1), the proposed judgment shall be filed with the

court.

(B) Opportunity for comment

The Attorney General shall provide an opportunity to persons

who are not named as parties to the action to comment on the

proposed judgment before its entry by the court as a final

judgment. The Attorney General shall consider, and file with

the court, any written comments, views, or allegations relating

to the proposed judgment. The Attorney General may withdraw or

withhold its consent to the proposed judgment if the comments,

views, and allegations concerning the judgment disclose facts

or considerations which indicate that the proposed judgment is

inappropriate, improper, or inadequate.

(3) 9604(b) agreements

Whenever the President enters into an agreement under this

section with any potentially responsible party with respect to

action under section 9604(b) of this title, the President shall

issue an order or enter into a decree setting forth the

obligations of such party. The United States district court for

the district in which the release or threatened release occurs

may enforce such order or decree.

(e) Special notice procedures

(1) Notice

Whenever the President determines that a period of negotiation

under this subsection would facilitate an agreement with

potentially responsible parties for taking response action

(including any action described in section 9604(b) of this title)

and would expedite remedial action, the President shall so notify

all such parties and shall provide them with information

concerning each of the following:

(A) The names and addresses of potentially responsible

parties (including owners and operators and other persons

referred to in section 9607(a) of this title), to the extent

such information is available.

(B) To the extent such information is available, the volume

and nature of substances contributed by each potentially

responsible party identified at the facility.

(C) A ranking by volume of the substances at the facility, to

the extent such information is available.

The President shall make the information referred to in this

paragraph available in advance of notice under this paragraph

upon the request of a potentially responsible party in accordance

with procedures provided by the President. The provisions of

subsection (e) of section 9604 of this title regarding protection

of confidential information apply to information provided under

this paragraph. Disclosure of information generated by the

President under this section to persons other than the Congress,

or any duly authorized Committee thereof, is subject to other

privileges or protections provided by law, including (but not

limited to) those applicable to attorney work product. Nothing

contained in this paragraph or in other provisions of this

chapter shall be construed, interpreted, or applied to diminish

the required disclosure of information under other provisions of

this or other Federal or State laws.

(2) Negotiation

(A) Moratorium

Except as provided in this subsection, the President may not

commence action under section 9604(a) of this title or take any

action under section 9606 of this title for 120 days after

providing notice and information under this subsection with

respect to such action. Except as provided in this subsection,

the President may not commence a remedial investigation and

feasibility study under section 9604(b) of this title for 90

days after providing notice and information under this

subsection with respect to such action. The President may

commence any additional studies or investigations authorized

under section 9604(b) of this title, including remedial design,

during the negotiation period.

(B) Proposals

Persons receiving notice and information under paragraph (1)

of this subsection with respect to action under section 9606 of

this title shall have 60 days from the date of receipt of such

notice to make a proposal to the President for undertaking or

financing the action under section 9606 of this title. Persons

receiving notice and information under paragraph (1) of this

subsection with respect to action under section 9604(b) of this

title shall have 60 days from the date of receipt of such

notice to make a proposal to the President for undertaking or

financing the action under section 9604(b) of this title.

(C) Additional parties

If an additional potentially responsible party is identified

during the negotiation period or after an agreement has been

entered into under this subsection concerning a release or

threatened release, the President may bring the additional

party into the negotiation or enter into a separate agreement

with such party.

(3) Preliminary allocation of responsibility

(A) In general

The President shall develop guidelines for preparing

nonbinding preliminary allocations of responsibility. In

developing these guidelines the President may include such

factors as the President considers relevant, such as: volume,

toxicity, mobility, strength of evidence, ability to pay,

litigative risks, public interest considerations, precedential

value, and inequities and aggravating factors. When it would

expedite settlements under this section and remedial action,

the President may, after completion of the remedial

investigation and feasibility study, provide a nonbinding

preliminary allocation of responsibility which allocates

percentages of the total cost of response among potentially

responsible parties at the facility.

(B) Collection of information

To collect information necessary or appropriate for

performing the allocation under subparagraph (A) or for

otherwise implementing this section, the President may by

subpoena require the attendance and testimony of witnesses and

the production of reports, papers, documents, answers to

questions, and other information that the President deems

necessary. Witnesses shall be paid the same fees and mileage

that are paid witnesses in the courts of the United States. In

the event of contumacy or failure or refusal of any person to

obey any such subpoena, any district court of the United States

in which venue is proper shall have jurisdiction to order any

such person to comply with such subpoena. Any failure to obey

such an order of the court is punishable by the court as a

contempt thereof.

(C) Effect

The nonbinding preliminary allocation of responsibility shall

not be admissible as evidence in any proceeding, and no court

shall have jurisdiction to review the nonbinding preliminary

allocation of responsibility. The nonbinding preliminary

allocation of responsibility shall not constitute an

apportionment or other statement on the divisibility of harm or

causation.

(D) Costs

The costs incurred by the President in producing the

nonbinding preliminary allocation of responsibility shall be

reimbursed by the potentially responsible parties whose offer

is accepted by the President. Where an offer under this section

is not accepted, such costs shall be considered costs of

response.

(E) Decision to reject offer

Where the President, in his discretion, has provided a

nonbinding preliminary allocation of responsibility and the

potentially responsible parties have made a substantial offer

providing for response to the President which he rejects, the

reasons for the rejection shall be provided in a written

explanation. The President's decision to reject such an offer

shall not be subject to judicial review.

(4) Failure to propose

If the President determines that a good faith proposal for

undertaking or financing action under section 9606 of this title

has not been submitted within 60 days of the provision of notice

pursuant to this subsection, the President may thereafter

commence action under section 9604(a) of this title or take an

action against any person under section 9606 of this title. If

the President determines that a good faith proposal for

undertaking or financing action under section 9604(b) of this

title has not been submitted within 60 days after the provision

of notice pursuant to this subsection, the President may

thereafter commence action under section 9604(b) of this title.

(5) Significant threats

Nothing in this subsection shall limit the President's

authority to undertake response or enforcement action regarding a

significant threat to public health or the environment within the

negotiation period established by this subsection.

(6) Inconsistent response action

When either the President, or a potentially responsible party

pursuant to an administrative order or consent decree under this

chapter, has initiated a remedial investigation and feasibility

study for a particular facility under this chapter, no

potentially responsible party may undertake any remedial action

at the facility unless such remedial action has been authorized

by the President.

(f) Covenant not to sue

(1) Discretionary covenants

The President may, in his discretion, provide any person with a

covenant not to sue concerning any liability to the United States

under this chapter, including future liability, resulting from a

release or threatened release of a hazardous substance addressed

by a remedial action, whether that action is onsite or offsite,

if each of the following conditions is met:

(A) The covenant not to sue is in the public interest.

(B) The covenant not to sue would expedite response action

consistent with the National Contingency Plan under section

9605 of this title.

(C) The person is in full compliance with a consent decree

under section 9606 of this title (including a consent decree

entered into in accordance with this section) for response to

the release or threatened release concerned.

(D) The response action has been approved by the President.

(2) Special covenants not to sue

In the case of any person to whom the President is authorized

under paragraph (1) of this subsection to provide a covenant not

to sue, for the portion of remedial action -

(A) which involves the transport and secure disposition

offsite of hazardous substances in a facility meeting the

requirements of sections 6924(c), (d), (e), (f), (g), (m), (o),

(p), (u), and (v) and 6925(c) of this title, where the

President has rejected a proposed remedial action that is

consistent with the National Contingency Plan that does not

include such offsite disposition and has thereafter required

offsite disposition; or

(B) which involves the treatment of hazardous substances so

as to destroy, eliminate, or permanently immobilize the

hazardous constituents of such substances, such that, in the

judgment of the President, the substances no longer present any

current or currently foreseeable future significant risk to

public health, welfare or the environment, no byproduct of the

treatment or destruction process presents any significant

hazard to public health, welfare or the environment, and all

byproducts are themselves treated, destroyed, or contained in a

manner which assures that such byproducts do not present any

current or currently foreseeable future significant risk to

public health, welfare or the environment,

the President shall provide such person with a covenant not to

sue with respect to future liability to the United States under

this chapter for a future release or threatened release of

hazardous substances from such facility, and a person provided

such covenant not to sue shall not be liable to the United States

under section 9606 or 9607 of this title with respect to such

release or threatened release at a future time.

(3) Requirement that remedial action be completed

A covenant not to sue concerning future liability to the United

States shall not take effect until the President certifies that

remedial action has been completed in accordance with the

requirements of this chapter at the facility that is the subject

of such covenant.

(4) Factors

In assessing the appropriateness of a covenant not to sue under

paragraph (1) and any condition to be included in a covenant not

to sue under paragraph (1) or (2), the President shall consider

whether the covenant or condition is in the public interest on

the basis of such factors as the following:

(A) The effectiveness and reliability of the remedy, in light

of the other alternative remedies considered for the facility

concerned.

(B) The nature of the risks remaining at the facility.

(C) The extent to which performance standards are included in

the order or decree.

(D) The extent to which the response action provides a

complete remedy for the facility, including a reduction in the

hazardous nature of the substances at the facility.

(E) The extent to which the technology used in the response

action is demonstrated to be effective.

(F) Whether the Fund or other sources of funding would be

available for any additional remedial actions that might

eventually be necessary at the facility.

(G) Whether the remedial action will be carried out, in whole

or in significant part, by the responsible parties themselves.

(5) Satisfactory performance

Any covenant not to sue under this subsection shall be subject

to the satisfactory performance by such party of its obligations

under the agreement concerned.

(6) Additional condition for future liability

(A) Except for the portion of the remedial action which is

subject to a covenant not to sue under paragraph (2) or under

subsection (g) of this section (relating to de minimis

settlements), a covenant not to sue a person concerning future

liability to the United States shall include an exception to the

covenant that allows the President to sue such person concerning

future liability resulting from the release or threatened release

that is the subject of the covenant where such liability arises

out of conditions which are unknown at the time the President

certifies under paragraph (3) that remedial action has been

completed at the facility concerned.

(B) In extraordinary circumstances, the President may

determine, after assessment of relevant factors such as those

referred to in paragraph (4) and volume, toxicity, mobility,

strength of evidence, ability to pay, litigative risks, public

interest considerations, precedential value, and inequities and

aggravating factors, not to include the exception referred to in

subparagraph (A) if other terms, conditions, or requirements of

the agreement containing the covenant not to sue are sufficient

to provide all reasonable assurances that public health and the

environment will be protected from any future releases at or from

the facility.

(C) The President is authorized to include any provisions

allowing future enforcement action under section 9606 or 9607 of

this title that in the discretion of the President are necessary

and appropriate to assure protection of public health, welfare,

and the environment.

(g) De minimis settlements

(1) Expedited final settlement

Whenever practicable and in the public interest, as determined

by the President, the President shall as promptly as possible

reach a final settlement with a potentially responsible party in

an administrative or civil action under section 9606 or 9607 of

this title if such settlement involves only a minor portion of

the response costs at the facility concerned and, in the judgment

of the President, the conditions in either of the following

subparagraph (A) or (B) are met:

(A) Both of the following are minimal in comparison to other

hazardous substances at the facility:

(i) The amount of the hazardous substances contributed by

that party to the facility.

(ii) The toxic or other hazardous effects of the substances

contributed by that party to the facility.

(B) The potentially responsible party -

(i) is the owner of the real property on or in which the

facility is located;

(ii) did not conduct or permit the generation,

transportation, storage, treatment, or disposal of any

hazardous substance at the facility; and

(iii) did not contribute to the release or threat of

release of a hazardous substance at the facility through any

action or omission.

This subparagraph (B) does not apply if the potentially

responsible party purchased the real property with actual or

constructive knowledge that the property was used for the

generation, transportation, storage, treatment, or disposal of

any hazardous substance.

(2) Covenant not to sue

The President may provide a covenant not to sue with respect to

the facility concerned to any party who has entered into a

settlement under this subsection unless such a covenant would be

inconsistent with the public interest as determined under

subsection (f) of this section.

(3) Expedited agreement

The President shall reach any such settlement or grant any such

covenant not to sue as soon as possible after the President has

available the information necessary to reach such a settlement or

grant such a covenant.

(4) Consent decree or administrative order

A settlement under this subsection shall be entered as a

consent decree or embodied in an administrative order setting

forth the terms of the settlement. In the case of any facility

where the total response costs exceed $500,000 (excluding

interest), if the settlement is embodied as an administrative

order, the order may be issued only with the prior written

approval of the Attorney General. If the Attorney General or his

designee has not approved or disapproved the order within 30 days

of this referral, the order shall be deemed to be approved unless

the Attorney General and the Administrator have agreed to extend

the time. The district court for the district in which the

release or threatened release occurs may enforce any such

administrative order.

(5) Effect of agreement

A party who has resolved its liability to the United States

under this subsection shall not be liable for claims for

contribution regarding matters addressed in the settlement. Such

settlement does not discharge any of the other potentially

responsible parties unless its terms so provide, but it reduces

the potential liability of the others by the amount of the

settlement.

(6) Settlements with other potentially responsible parties

Nothing in this subsection shall be construed to affect the

authority of the President to reach settlements with other

potentially responsible parties under this chapter.

(7) Reduction in settlement amount based on limited ability to

pay

(A) In general

The condition for settlement under this paragraph is that the

potentially responsible party is a person who demonstrates to

the President an inability or a limited ability to pay response

costs.

(B) Considerations

In determining whether or not a demonstration is made under

subparagraph (A) by a person, the President shall take into

consideration the ability of the person to pay response costs

and still maintain its basic business operations, including

consideration of the overall financial condition of the person

and demonstrable constraints on the ability of the person to

raise revenues.

(C) Information

A person requesting settlement under this paragraph shall

promptly provide the President with all relevant information

needed to determine the ability of the person to pay response

costs.

(D) Alternative payment methods

If the President determines that a person is unable to pay

its total settlement amount at the time of settlement, the

President shall consider such alternative payment methods as

may be necessary or appropriate.

(8) Additional conditions for expedited settlements

(A) Waiver of claims

The President shall require, as a condition for settlement

under this subsection, that a potentially responsible party

waive all of the claims (including a claim for contribution

under this chapter) 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.

(B) Failure to comply

The President may decline to offer a settlement to a

potentially responsible party under this subsection 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

chapter or has impeded or is impeding, through action or

inaction, the performance of a response action with respect to

the facility.

(C) Responsibility to provide information and access

A potentially responsible party that enters into a settlement

under this subsection shall not be relieved of the

responsibility to provide any information or access requested

in accordance with subsection (e)(3)(B) of this section or

section 9604(e) of this title.

(9) Basis of determination

If the President determines that a potentially responsible

party is not eligible for settlement under this subsection, the

President shall provide the reasons for the determination in

writing to the potentially responsible party that requested a

settlement under this subsection.

(10) Notification

As soon as practicable after receipt of sufficient information

to make a determination, the President shall notify any person

that the President determines is eligible under paragraph (1) of

the person's eligibility for an expedited settlement.

(11) No judicial review

A determination by the President under paragraph (7), (8), (9),

or (10) shall not be subject to judicial review.

(12) 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.

(h) Cost recovery settlement authority

(1) Authority to settle

The head of any department or agency with authority to

undertake a response action under this chapter pursuant to the

national contingency plan may consider, compromise, and settle a

claim under section 9607 of this title for costs incurred by the

United States Government if the claim has not been referred to

the Department of Justice for further action. In the case of any

facility where the total response costs exceed $500,000

(excluding interest), any claim referred to in the preceding

sentence may be compromised and settled only with the prior

written approval of the Attorney General.

(2) Use of arbitration

Arbitration in accordance with regulations promulgated under

this subsection may be used as a method of settling claims of the

United States where the total response costs for the facility

concerned do not exceed $500,000 (excluding interest). After

consultation with the Attorney General, the department or agency

head may establish and publish regulations for the use of

arbitration or settlement under this subsection.

(3) Recovery of claims

If any person fails to pay a claim that has been settled under

this subsection, the department or agency head shall request the

Attorney General to bring a civil action in an appropriate

district court to recover the amount of such claim, plus costs,

attorneys' fees, and interest from the date of the settlement. In

such an action, the terms of the settlement shall not be subject

to review.

(4) Claims for contribution

A person who has resolved its liability to the United States

under this subsection shall not be liable for claims for

contribution regarding matters addressed in the settlement. Such

settlement shall not discharge any of the other potentially

liable persons unless its terms so provide, but it reduces the

potential liability of the others by the amount of the

settlement.

(i) Settlement procedures

(1) Publication in Federal Register

At least 30 days before any settlement (including any

settlement arrived at through arbitration) may become final under

subsection (h) of this section, or under subsection (g) of this

section in the case of a settlement embodied in an administrative

order, the head of the department or agency which has

jurisdiction over the proposed settlement shall publish in the

Federal Register notice of the proposed settlement. The notice

shall identify the facility concerned and the parties to the

proposed settlement.

(2) Comment period

For a 30-day period beginning on the date of publication of

notice under paragraph (1) of a proposed settlement, the head of

the department or agency which has jurisdiction over the proposed

settlement shall provide an opportunity for persons who are not

parties to the proposed settlement to file written comments

relating to the proposed settlement.

(3) Consideration of comments

The head of the department or agency shall consider any

comments filed under paragraph (2) in determining whether or not

to consent to the proposed settlement and may withdraw or

withhold consent to the proposed settlement if such comments

disclose facts or considerations which indicate the proposed

settlement is inappropriate, improper, or inadequate.

(j) Natural resources

(1) Notification of trustee

Where a release or threatened release of any hazardous

substance that is the subject of negotiations under this section

may have resulted in damages to natural resources under the

trusteeship of the United States, the President shall notify the

Federal natural resource trustee of the negotiations and shall

encourage the participation of such trustee in the negotiations.

(2) Covenant not to sue

An agreement under this section may contain a covenant not to

sue under section 9607(a)(4)(C) of this title for damages to

natural resources under the trusteeship of the United States

resulting from the release or threatened release of hazardous

substances that is the subject of the agreement, but only if the

Federal natural resource trustee has agreed in writing to such

covenant. The Federal natural resource trustee may agree to such

covenant if the potentially responsible party agrees to undertake

appropriate actions necessary to protect and restore the natural

resources damaged by such release or threatened release of

hazardous substances.

(k) Section not applicable to vessels

The provisions of this section shall not apply to releases from a

vessel.

(l) Civil penalties

A potentially responsible party which is a party to an

administrative order or consent decree entered pursuant to an

agreement under this section or section 9620 of this title

(relating to Federal facilities) or which is a party to an

agreement under section 9620 of this title and which fails or

refuses to comply with any term or condition of the order, decree

or agreement shall be subject to a civil penalty in accordance with

section 9609 of this title.

(m) Applicability of general principles of law

In the case of consent decrees and other settlements under this

section (including covenants not to sue), no provision of this

chapter shall be construed to preclude or otherwise affect the

applicability of general principles of law regarding the setting

aside or modification of consent decrees or other settlements.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 122, as added Pub. L. 99-499, title

I, Sec. 122(a), Oct. 17, 1986, 100 Stat. 1678; amended Pub. L.

107-118, title I, Sec. 102(b), Jan. 11, 2002, 115 Stat. 2359.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (d)(1)(B),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC1-

AMENDMENTS

2002 - Subsec. (g)(7) to (12). Pub. L. 107-118 added pars. (7) to

(12).

EFFECT ON CONCLUDED ACTIONS

Amendment by Pub. L. 107-118 not to apply to or in any way affect

any settlement lodged in, or judgment issued by, a United States

District Court, or any administrative settlement or order entered

into or issued by the United States or any State, before Jan. 11,

2002, see section 103 of Pub. L. 107-118, set out as a note under

section 9607 of this title.

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9604, 9609, 9613, 9617,

9619, 9620, 9657 of this title; title 10 section 2701; title 14

section 691.

-End-

-CITE-

42 USC Sec. 9623 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9623. Reimbursement to local governments

-STATUTE-

(a) Application

Any general purpose unit of local government for a political

subdivision which is affected by a release or threatened release at

any facility may apply to the President for reimbursement under

this section.

(b) Reimbursement

(1) Temporary emergency measures

The President is authorized to reimburse local community

authorities for expenses incurred (before or after October 17,

1986) in carrying out temporary emergency measures necessary to

prevent or mitigate injury to human health or the environment

associated with the release or threatened release of any

hazardous substance or pollutant or contaminant. Such measures

may include, where appropriate, security fencing to limit access,

response to fires and explosions, and other measures which

require immediate response at the local level.

(2) Local funds not supplanted

Reimbursement under this section shall not supplant local funds

normally provided for response.

(c) Amount

The amount of any reimbursement to any local authority under

subsection (b)(1) of this section may not exceed $25,000 for a

single response. The reimbursement under this section with respect

to a single facility shall be limited to the units of local

government having jurisdiction over the political subdivision in

which the facility is located.

(d) Procedure

Reimbursements authorized pursuant to this section shall be in

accordance with rules promulgated by the Administrator within one

year after October 17, 1986.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 123, as added Pub. L. 99-499, title

I, Sec. 123(a), Oct. 17, 1986, 100 Stat. 1688.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9611 of this title.

-End-

-CITE-

42 USC Sec. 9624 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9624. Methane recovery

-STATUTE-

(a) In general

In the case of a facility at which equipment for the recovery or

processing (including recirculation of condensate) of methane has

been installed, for purposes of this chapter:

(1) The owner or operator of such equipment shall not be

considered an "owner or operator", as defined in section 9601(20)

of this title, with respect to such facility.

(2) The owner or operator of such equipment shall not be

considered to have arranged for disposal or treatment of any

hazardous substance at such facility pursuant to section 9607 of

this title.

(3) The owner or operator of such equipment shall not be

subject to any action under section 9606 of this title with

respect to such facility.

(b) Exceptions

Subsection (a) of this section does not apply with respect to a

release or threatened release of a hazardous substance from a

facility described in subsection (a) of this section if either of

the following circumstances exist:

(1) The release or threatened release was primarily caused by

activities of the owner or operator of the equipment described in

subsection (a) of this section.

(2) The owner or operator of such equipment would be covered by

paragraph (1), (2), (3), or (4) of subsection (a) of section 9607

of this title with respect to such release or threatened release

if he were not the owner or operator of such equipment.

In the case of any release or threatened release referred to in

paragraph (1), the owner or operator of the equipment described in

subsection (a) of this section shall be liable under this chapter

only for costs or damages primarily caused by the activities of

such owner or operator.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 124, as added Pub. L. 99-499, title

I, Sec. 124(a), Oct. 17, 1986, 100 Stat. 1688.)

-End-

-CITE-

42 USC Sec. 9625 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9625. Section 6921(b)(3)(A)(i) waste

-STATUTE-

(a) Revision of hazard ranking system

This section shall apply only to facilities which are not

included or proposed for inclusion on the National Priorities List

and which contain substantial volumes of waste described in section

6921(b)(3)(A)(i) of this title. As expeditiously as practicable,

the President shall revise the hazard ranking system in effect

under the National Contingency Plan with respect to such facilities

in a manner which assures appropriate consideration of each of the

following site-specific characteristics of such facilities:

(1) The quantity, toxicity, and concentrations of hazardous

constituents which are present in such waste and a comparison

thereof with other wastes.

(2) The extent of, and potential for, release of such hazardous

constituents into the environment.

(3) The degree of risk to human health and the environment

posed by such constituents.

(b) Inclusion prohibited

Until the hazard ranking system is revised as required by this

section, the President may not include on the National Priorities

List any facility which contains substantial volumes of waste

described in section 6921(b)(3)(A)(i) of this title on the basis of

an evaluation made principally on the volume of such waste and not

on the concentrations of the hazardous constituents of such waste.

Nothing in this section shall be construed to affect the

President's authority to include any such facility on the National

Priorities List based on the presence of other substances at such

facility or to exercise any other authority of this chapter with

respect to such other substances.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 125, as added Pub. L. 99-499, title

I, Sec. 125, Oct. 17, 1986, 100 Stat. 1689.)

-End-

-CITE-

42 USC Sec. 9626 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9626. Indian tribes

-STATUTE-

(a) Treatment generally

The governing body of an Indian tribe shall be afforded

substantially the same treatment as a State with respect to the

provisions of section 9603(a) of this title (regarding notification

of releases), section 9604(c)(2) of this title (regarding

consultation on remedial actions), section 9604(e) of this title

(regarding access to information), section 9604(i) of this title

(regarding health authorities) and section 9605 of this title

(regarding roles and responsibilities under the national

contingency plan and submittal of priorities for remedial action,

but not including the provision regarding the inclusion of at least

one facility per State on the National Priorities List).

(b) Community relocation

Should the President determine that proper remedial action is the

permanent relocation of tribal members away from a contaminated

site because it is cost effective and necessary to protect their

health and welfare, such finding must be concurred in by the

affected tribal government before relocation shall occur. The

President, in cooperation with the Secretary of the Interior, shall

also assure that all benefits of the relocation program are

provided to the affected tribe and that alternative land of

equivalent value is available and satisfactory to the tribe. Any

lands acquired for relocation of tribal members shall be held in

trust by the United States for the benefit of the tribe.

(c) Study

The President shall conduct a survey, in consultation with the

Indian tribes, to determine the extent of hazardous waste sites on

Indian lands. Such survey shall be included within a report which

shall make recommendations on the program needs of tribes under

this chapter, with particular emphasis on how tribal participation

in the administration of such programs can be maximized. Such

report shall be submitted to Congress along with the President's

budget request for fiscal year 1988.

(d) Limitation

Notwithstanding any other provision of this chapter, no action

under this chapter by an Indian tribe shall be barred until the

later of the following:

(1) The applicable period of limitations has expired.

(2) 2 years after the United States, in its capacity as trustee

for the tribe, gives written notice to the governing body of the

tribe that it will not present a claim or commence an action on

behalf of the tribe or fails to present a claim or commence an

action within the time limitations specified in this chapter.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 126, as added Pub. L. 99-499, title

II, Sec. 207(e), Oct. 17, 1986, 100 Stat. 1706.)

-End-

-CITE-

42 USC Sec. 9627 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9627. Recycling transactions

-STATUTE-

(a) Liability clarification

(1) As provided in subsections (b), (c), (d), and (e) of this

section, a person who arranged for recycling of recyclable material

shall not be liable under sections 9607(a)(3) and 9607(a)(4) of

this title with respect to such material.

(2) A determination whether or not any person shall be liable

under section 9607(a)(3) of this title or section 9607(a)(4) of

this title for any material that is not a recyclable material as

that term is used in subsections (b) and (c), (d), or (e) of this

section shall be made, without regard to subsections (!1) (b), (c),

(d), or (e) of this section.

(b) Recyclable material defined

For purposes of this section, the term "recyclable material"

means scrap paper, scrap plastic, scrap glass, scrap textiles,

scrap rubber (other than whole tires), scrap metal, or spent

lead-acid, spent nickel-cadmium, and other spent batteries, as well

as minor amounts of material incident to or adhering to the scrap

material as a result of its normal and customary use prior to

becoming scrap; except that such term shall not include -

(1) 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 substance that form

an integral part of the container) contained in or adhering

thereto; or

(2) any item of material that contained polychlorinated

biphenyls at a concentration in excess of 50 parts per million or

any new standard promulgated pursuant to applicable Federal laws.

(c) Transactions involving scrap paper, plastic, glass, textiles,

or rubber

Transactions involving scrap paper, scrap plastic, scrap glass,

scrap textiles, or scrap rubber (other than whole tires) shall be

deemed 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) can demonstrate

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 could have been a replacement or

substitute for a virgin raw material, or the product to be made

from the recyclable material could have been a replacement or

substitute for a product made, in whole or in part, from a virgin

raw material.

(5) For transactions occurring 90 days or more after November

29, 1999, the person exercised reasonable care to determine that

the facility where the recyclable material was handled,

processed, reclaimed, or otherwise managed by another person

(hereinafter in this section referred to as a "consuming

facility") was in compliance with substantive (not procedural or

administrative) provisions of any Federal, State, or local

environmental law or regulation, or compliance order or decree

issued pursuant thereto, 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 (but are not limited to) -

(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; and

(C) the result of inquiries made to the appropriate Federal,

State, or local environmental agency (or agencies) regarding

the consuming facility's past and current compliance with

substantive (not procedural or administrative) provisions of

any Federal, State, or local environmental law or regulation,

or compliance order or decree issued pursuant thereto,

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 deemed to be a substantive

provision.

(d) Transactions involving scrap metal

(1) Transactions involving scrap metal shall be deemed 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) can demonstrate by a

preponderance of the evidence that at the time of the transaction -

(A) the person met the criteria set forth in subsection (c) of

this section with respect to the scrap metal;

(B) the person 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

November 29, 1999, and with regard to transactions occurring

after the effective date of such regulations or standards; and

(C) the person did not melt the scrap metal prior to the

transaction.

(2) 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 (referred to as "sweating").

(3) For purposes of this subsection, the term "scrap metal" means

bits and pieces of metal parts (e.g., bars, turnings, rods, sheets,

wire) or metal pieces that may be combined together with bolts or

soldering (e.g., radiators, scrap automobiles, railroad box cars),

which when worn or superfluous can be recycled, except for scrap

metals that the Administrator excludes from this definition by

regulation.

(e) Transactions involving batteries

Transactions involving spent lead-acid batteries, spent

nickel-cadmium batteries, or other spent batteries shall be deemed

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) can demonstrate by a

preponderance of the evidence that at the time of the transaction -

(1) the person met the criteria set forth in subsection (c) of

this section with respect to the spent lead-acid batteries, spent

nickel-cadmium batteries, or other spent batteries, but the

person did not recover the valuable components of such batteries;

and

(2)(A) with respect to transactions involving lead-acid

batteries, the person was in compliance with applicable Federal

environmental regulations or standards, and any amendments

thereto, regarding the storage, transport, management, or other

activities associated with the recycling of spent lead-acid

batteries;

(B) with respect to transactions involving nickel-cadmium

batteries, Federal environmental regulations or standards are in

effect regarding the storage, transport, management, or other

activities associated with the recycling of spent nickel-cadmium

batteries, and the person was in compliance with applicable

regulations or standards or any amendments thereto; or

(C) with respect to transactions involving other spent

batteries, Federal environmental regulations or standards are in

effect regarding the storage, transport, management, or other

activities associated with the recycling of such batteries, and

the person was in compliance with applicable regulations or

standards or any amendments thereto.

(f) Exclusions

(1) The exemptions set forth in subsections (c), (d), and (e) of

this section shall not apply if -

(A) the person had an objectively reasonable basis to believe

at the time of the recycling transaction -

(i) that the recyclable material would not be recycled;

(ii) that the recyclable material would be burned as fuel, or

for energy recovery or incineration; or

(iii) for transactions occurring before 90 days after

November 29, 1999, that the consuming facility was not in

compliance with a substantive (not procedural or

administrative) provision of any Federal, State, or local

environmental law or regulation, or compliance order or decree

issued pursuant thereto, 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; or

(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).

(2) For purposes of this subsection, an objectively reasonable

basis for belief shall be determined using criteria that include

(but are not limited to) the size of the person's business,

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), the price paid in the

recycling transaction, and 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) 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 deemed to be a substantive provision.

(g) Effect on other liability

Nothing in this section shall be deemed to affect the liability

of a person under paragraph (1) or (2) of section 9607(a) of this

title.

(h) Regulations

The Administrator has the authority, under section 9615 of this

title, to promulgate additional regulations concerning this

section.

(i) Effect on pending or concluded actions

The exemptions provided in this section shall not affect any

concluded judicial or administrative action or any pending judicial

action initiated by the United States prior to November 29, 1999.

(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 attorney's and expert witness

fees.

(k) Relationship to liability under other laws

Nothing in this section shall affect -

(1) liability under any other Federal, State, or local statute

or regulation promulgated pursuant to any such statute, including

any requirements promulgated by 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 statute, including the Solid Waste Disposal Act.

(l) Limitation on statutory construction

Nothing in this section shall be construed to -

(1) affect any defenses or liabilities of any person to whom

subsection (a)(1) of this section does not apply; or

(2) create any presumption of liability against any person to

whom subsection (a)(1) of this section does not apply.

-SOURCE-

(Pub. L. 96-510, title I, Sec. 127, as added Pub. L. 106-113, div.

B, Sec. 1000(a)(9) [title VI, Sec. 6001(b)(1)], Nov. 29, 1999, 113

Stat. 1536, 1501A-599.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsecs. (d)(1)(B)

and (k), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat.

997, as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976,

90 Stat. 2795, which is classified generally to chapter 82 (Sec.

6901 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 6901 of

this title and Tables.

-MISC1-

SUPERFUND RECYCLING EQUITY; PURPOSES

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title VI, Sec.

6001(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-598, provided that:

"The purposes of this section [enacting this section] are -

"(1) to promote the reuse and recycling of scrap material in

furtherance of the goals of waste minimization and natural

resource conservation while protecting human health and the

environment;

"(2) to create greater equity in the statutory treatment of

recycled versus virgin materials; and

"(3) to remove the disincentives and impediments to recycling

created as an unintended consequence of the 1980 Superfund

liability provisions."

-FOOTNOTE-

(!1) So in original. Probably should be "subsection".

-End-

-CITE-

42 USC Sec. 9628 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,

COMPENSATION

-HEAD-

Sec. 9628. State response programs

-STATUTE-

(a) Assistance to States

(1) In general

(A) States

The Administrator may award a grant to a State or Indian

tribe that -

(i) has a response program that includes each of the

elements, or is taking reasonable steps to include each of

the elements, listed in paragraph (2); or

(ii) is a party to a memorandum of agreement with the

Administrator for voluntary response programs.

(B) Use of grants by States

(i) In general

A State or Indian tribe may use a grant under this

subsection to establish or enhance the response program of

the State or Indian tribe.

(ii) Additional uses

In addition to the uses under clause (i), a State or Indian

tribe may use a grant under this subsection to -

(I) capitalize a revolving loan fund for brownfield

remediation under section 9604(k)(3) of this title; or

(II) purchase insurance or develop a risk sharing pool,

an indemnity pool, or insurance mechanism to provide

financing for response actions under a State response

program.

(2) Elements

The elements of a State or Indian tribe response program

referred to in paragraph (1)(A)(i) are the following:

(A) Timely survey and inventory of brownfield sites in the

State.

(B) Oversight and enforcement authorities or other

mechanisms, and resources, that are adequate to ensure that -

(i) a response action will -

(I) protect human health and the environment; and

(II) be conducted in accordance with applicable Federal

and State law; and

(ii) if the person conducting the response action fails to

complete the necessary response activities, including

operation and maintenance or long-term monitoring activities,

the necessary response activities are completed.

(C) Mechanisms and resources to provide meaningful

opportunities for public participation, including -

(i) public access to documents that the State, Indian

tribe, or party conducting the cleanup is relying on or

developing in making cleanup decisions or conducting site

activities;

(ii) prior notice and opportunity for comment on proposed

cleanup plans and site activities; and

(iii) a mechanism by which -

(I) a person that is or may be affected by a release or

threatened release of a hazardous substance, pollutant, or

contaminant at a brownfield site located in the community

in which the person works or resides may request the

conduct of a site assessment; and

(II) an appropriate State official shall consider and

appropriately respond to a request under subclause (I).

(D) Mechanisms for approval of a cleanup plan, and a

requirement for verification by and certification or similar

documentation from the State, an Indian tribe, or a licensed

site professional to the person conducting a response action

indicating that the response is complete.

(3) Funding

There is authorized to be appropriated to carry out this

subsection $50,000,000 for each of fiscal years 2002 through

2006.

(b) Enforcement in cases of a release subject to State program

(1) Enforcement

(A) In general

Except as provided in subparagraph (B) and subject to

subparagraph (C), in the case of an eligible response site at

which -

(i) there is a release or threatened release of a hazardous

substance, pollutant, or contaminant; and

(ii) a person is conducting or has completed a response

action regarding the specific release that is addressed by

the response action that is in compliance with the State

program that specifically governs response actions for the

protection of public health and the environment,

the President may not use authority under this chapter to take

an administrative or judicial enforcement action under section

9606(a) of this title or to take a judicial enforcement action

to recover response costs under section 9607(a) of this title

against the person regarding the specific release that is

addressed by the response action.

(B) Exceptions

The President may bring an administrative or judicial

enforcement action under this chapter during or after

completion of a response action described in subparagraph (A)

with respect to a release or threatened release at an eligible

response site described in that subparagraph if -

(i) the State requests that the President provide

assistance in the performance of a response action;

(ii) the Administrator determines that contamination has

migrated or will migrate across a State line, resulting in

the need for further response action to protect human health

or the environment, or the President determines that

contamination has migrated or is likely to migrate onto

property subject to the jurisdiction, custody, or control of

a department, agency, or instrumentality of the United States

and may impact the authorized purposes of the Federal

property;

(iii) after taking into consideration the response

activities already taken, the Administrator determines that -

(I) a release or threatened release may present an

imminent and substantial endangerment to public health or

welfare or the environment; and

(II) additional response actions are likely to be

necessary to address, prevent, limit, or mitigate the

release or threatened release; or

(iv) the Administrator, after consultation with the State,

determines that information, that on the earlier of the date

on which cleanup was approved or completed, was not known by

the State, as recorded in documents prepared or relied on in

selecting or conducting the cleanup, has been discovered

regarding the contamination or conditions at a facility such

that the contamination or conditions at the facility present

a threat requiring further remediation to protect public

health or welfare or the environment. Consultation with the

State shall not limit the ability of the Administrator to

make this determination.

(C) Public record

The limitations on the authority of the President under

subparagraph (A) apply only at sites in States that maintain,

update not less than annually, and make available to the public

a record of sites, by name and location, at which response

actions have been completed in the previous year and are

planned to be addressed under the State program that

specifically governs response actions for the protection of

public health and the environment in the upcoming year. The

public record shall identify whether or not the site, on

completion of the response action, will be suitable for

unrestricted use and, if not, shall identify the institutional

controls relied on in the remedy. Each State and tribe

receiving financial assistance under subsection (a) of this

section shall maintain and make available to the public a

record of sites as provided in this paragraph.

(D) EPA notification

(i) In general

In the case of an eligible response site at which there is

a release or threatened release of a hazardous substance,

pollutant, or contaminant and for which the Administrator

intends to carry out an action that may be barred under

subparagraph (A), the Administrator shall -

(I) notify the State of the action the Administrator

intends to take; and

(II)(aa) wait 48 hours for a reply from the State under

clause (ii); or

(bb) if the State fails to reply to the notification or

if the Administrator makes a determination under clause

(iii), take immediate action under that clause.

(ii) State reply

Not later than 48 hours after a State receives notice from

the Administrator under clause (i), the State shall notify

the Administrator if -

(I) the release at the eligible response site is or has

been subject to a cleanup conducted under a State program;

and

(II) the State is planning to abate the release or

threatened release, any actions that are planned.

(iii) Immediate Federal action

The Administrator may take action immediately after giving

notification under clause (i) without waiting for a State

reply under clause (ii) if the Administrator determines that

one or more exceptions under subparagraph (B) are met.

(E) Report to Congress

Not later than 90 days after the date of initiation of any

enforcement action by the President under clause (ii), (iii),

or (iv) of subparagraph (B), the President shall submit to

Congress a report describing the basis for the enforcement

action, including specific references to the facts

demonstrating that enforcement action is permitted under

subparagraph (B).

(2) Savings provision

(A) Costs incurred prior to limitations

Nothing in paragraph (1) precludes the President from seeking

to recover costs incurred prior to January 11, 2002, or during

a period in which the limitations of paragraph (1)(A) were not

applicable.

(B) Effect on agreements between States and EPA

Nothing in paragraph (1) -

(i) modifies or otherwise affects a memorandum of

agreement, memorandum of understanding, or any similar

agreement relating to this chapter between a State agency or

an Indian tribe and the Administrator that is in effect on or

before January 11, 2002 (which agreement shall remain in

effect, subject to the terms of the agreement); or

(ii) limits the discretionary authority of the President to

enter into or modify an agreement with a State, an Indian

tribe, or any other person relating to the implementation by

the President of statutory authorities.

(3) Effective date

This subsection applies only to response actions conducted

after February 15, 2001.

(c) Effect on Federal laws

Nothing in this section affects any liability or response

authority under any Federal law, including -

(1) this chapter, except as provided in subsection (b) of this

section;

(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.).

-SOURCE-

(Pub. L. 96-510, title I, Sec. 128, as added Pub. L. 107-118, title

II, Sec. 231(b), Jan. 11, 2002, 115 Stat. 2375.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c)(2), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(c)(3), is act June 30, 1948, ch. 758, as amended generally by Pub.

L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

The Toxic Substances Control Act, referred to in subsec. (c)(4),

is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which

is classified generally to chapter 53 (Sec. 2601 et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see Short Title note set out under section 2601 of Title

15 and Tables.

The Safe Drinking Water Act, referred to in subsec. (c)(5), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 201 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9601 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE

REVENUE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

-HEAD-

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

-End-

-CITE-

42 USC Part A - Hazardous Substance Response Trust Fund 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

Part A - Hazardous Substance Response Trust Fund

-HEAD-

PART A - HAZARDOUS SUBSTANCE RESPONSE TRUST FUND

-End-

-CITE-

42 USC Secs. 9631 to 9633 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

Part A - Hazardous Substance Response Trust Fund

-HEAD-

Secs. 9631 to 9633. Repealed. Pub. L. 99-499, title V, Sec.

517(c)(1), Oct. 17, 1986, 100 Stat. 1774

-MISC1-

Section 9631, Pub. L. 96-510, title II, Sec. 221, Dec. 11, 1980,

94 Stat. 2801; Pub. L. 99-499, title II, Sec. 204, Oct. 17, 1986,

100 Stat. 1696, provided for establishment of a Hazardous

Substances Superfund, so redesignated by section 204 of Pub. L.

99-499. See section 9507 of Title 26, Internal Revenue Code.

Section 9632, Pub. L. 96-510, title II, Sec. 222, Dec. 11, 1980,

94 Stat. 2802, limited liability of United States to amount in

Trust Fund.

Section 9633, Pub. L. 96-510, title II, Sec. 223, Dec. 11, 1980,

94 Stat. 2802, contained administrative provisions.

EFFECTIVE DATE OF REPEAL

Repeal by Pub. L. 99-499 effective Jan. 1, 1987, see section

517(e) of Pub. L. 99-499, set out as an Effective Date note under

section 9507 of Title 26, Internal Revenue Code.

-End-

-CITE-

42 USC Part B - Post-closure Liability Trust Fund 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

Part B - Post-closure Liability Trust Fund

-HEAD-

PART B - POST-CLOSURE LIABILITY TRUST FUND

-End-

-CITE-

42 USC Sec. 9641 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER II - HAZARDOUS SUBSTANCE RESPONSE REVENUE

Part B - Post-closure Liability Trust Fund

-HEAD-

Sec. 9641. Repealed. Pub. L. 99-499, title V, Sec. 514(b), Oct. 17,

1986, 100 Stat. 1767

-MISC1-

Section, Pub. L. 96-510, title II, Sec. 232, Dec. 11, 1980, 94

Stat. 2804, provided for establishment of the Post-closure

Liability Trust Fund in the Treasury of the United States.

EFFECTIVE DATE OF REPEAL

Section 514(c) of Pub. L. 99-499 provided that:

"(1) In general. - The amendments made by this section [repealing

this section and sections 4681 and 4682 of Title 26, Internal

Revenue Code] shall take effect on October 1, 1983.

"(2) Waiver of statute of limitations. - If on the date of the

enactment of this Act [Oct. 17, 1986] (or at any time within 1 year

after such date of enactment) refund or credit of any overpayment

of tax resulting from the application of this section is barred by

any law or rule of law, refund or credit of such overpayment shall,

nevertheless, be made or allowed if claim therefor is filed before

the date 1 year after the date of the enactment of this Act."

-End-

-CITE-

42 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 9651 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9651. Reports and studies

-STATUTE-

(a) Implementation experiences; identification and disposal of

waste

(1) The President shall submit to the Congress, within four years

after December 11, 1980, a comprehensive report on experience with

the implementation of this chapter including, but not limited to -

(A) the extent to which the chapter and Fund are effective in

enabling Government to respond to and mitigate the effects of

releases of hazardous substances;

(B) a summary of past receipts and disbursements from the Fund;

(C) a projection of any future funding needs remaining after

the expiration of authority to collect taxes, and of the threat

to public health, welfare, and the environment posed by the

projected releases which create any such needs;

(D) the record and experience of the Fund in recovering Fund

disbursements from liable parties;

(E) the record of State participation in the system of

response, liability, and compensation established by this

chapter;

(F) the impact of the taxes imposed by subchapter II (!1) of

this chapter on the Nation's balance of trade with other

countries;

(G) an assessment of the feasibility and desirability of a

schedule of taxes which would take into account one or more of

the following: the likelihood of a release of a hazardous

substance, the degree of hazard and risk of harm to public

health, welfare, and the environment resulting from any such

release, incentives to proper handling, recycling, incineration,

and neutralization of hazardous wastes, and disincentives to

improper or illegal handling or disposal of hazardous materials,

administrative and reporting burdens on Government and industry,

and the extent to which the tax burden falls on the substances

and parties which create the problems addressed by this chapter.

In preparing the report, the President shall consult with

appropriate Federal, State, and local agencies, affected

industries and claimants, and such other interested parties as he

may find useful. Based upon the analyses and consultation

required by this subsection, the President shall also include in

the report any recommendations for legislative changes he may

deem necessary for the better effectuation of the purposes of

this chapter, including but not limited to recommendations

concerning authorization levels, taxes, State participation,

liability and liability limits, and financial responsibility

provisions for the Response Trust Fund and the Post-closure

Liability Trust Fund;

(H) an exemption from or an increase in the substances or the

amount of taxes imposed by section 4661 of title 26 for copper,

lead, and zinc oxide, and for feedstocks when used in the

manufacture and production of fertilizers, based upon the

expenditure experience of the Response Trust Fund;

(I) the economic impact of taxing coal-derived substances and

recycled metals.

(2) The Administrator of the Environmental Protection Agency (in

consultation with the Secretary of the Treasury) shall submit to

the Congress (i) within four years after December 11, 1980, a

report identifying additional wastes designated by rule as

hazardous after the effective date of this chapter and pursuant to

section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] and

recommendations on appropriate tax rates for such wastes for the

Post-closure Liability Trust Fund. The report shall, in addition,

recommend a tax rate, considering the quantity and potential danger

to human health and the environment posed by the disposal of any

wastes which the Administrator, pursuant to subsection

3001(b)(2)(B) and subsection 3001(b)(3)(A) of the Solid Waste

Disposal Act of 1980 [42 U.S.C. 6921(b)(2)(B) and 6921(b)(3)(A)],

has determined should be subject to regulation under subtitle C of

such Act [42 U.S.C. 6921 et seq.], (ii) within three years after

December 11, 1980, a report on the necessity for and the adequacy

of the revenue raised, in relation to estimated future

requirements, of the Post-closure Liability Trust Fund.

(b) Private insurance protection

The President shall conduct a study to determine (1) whether

adequate private insurance protection is available on reasonable

terms and conditions to the owners and operators of vessels and

facilities subject to liability under section 9607 of this title,

and (2) whether the market for such insurance is sufficiently

competitive to assure purchasers of features such as a reasonable

range of deductibles, coinsurance provisions, and exclusions. The

President shall submit the results of his study, together with his

recommendations, within two years of December 11, 1980, and shall

submit an interim report on his study within one year of December

11, 1980.

(c) Regulations respecting assessment of damages to natural

resources

(1) The President, acting through Federal officials designated by

the National Contingency Plan published under section 9605 of this

title, shall study and, not later than two years after December 11,

1980, shall promulgate regulations for the assessment of damages

for injury to, destruction of, or loss of natural resources

resulting from a release of oil or a hazardous substance for the

purposes of this chapter and section 1321(f)(4) and (5) of title

33. Notwithstanding the failure of the President to promulgate the

regulations required under this subsection on the required date,

the President shall promulgate such regulations not later than 6

months after October 17, 1986.

(2) Such regulations shall specify (A) standard procedures for

simplified assessments requiring minimal field observation,

including establishing measures of damages based on units of

discharge or release or units of affected area, and (B) alternative

protocols for conducting assessments in individual cases to

determine the type and extent of short- and long-term injury,

destruction, or loss. Such regulations shall identify the best

available procedures to determine such damages, including both

direct and indirect injury, destruction, or loss and shall take

into consideration factors including, but not limited to,

replacement value, use value, and ability of the ecosystem or

resource to recover.

(3) Such regulations shall be reviewed and revised as appropriate

every two years.

(d) Issues, alternatives, and policy considerations involving

selection of locations for waste treatment, storage, and disposal

facilities

The Administrator of the Environmental Protection Agency shall,

in consultation with other Federal agencies and appropriate

representatives of State and local governments and nongovernmental

agencies, conduct a study and report to the Congress within two

years of December 11, 1980, on the issues, alternatives, and policy

considerations involved in the selection of locations for hazardous

waste treatment, storage, and disposal facilities. This study shall

include -

(A) an assessment of current and projected treatment, storage,

and disposal capacity needs and shortfalls for hazardous waste by

management category on a State-by-State basis;

(B) an evaluation of the appropriateness of a regional approach

to siting and designing hazardous waste management facilities and

the identification of hazardous waste management regions,

interstate or intrastate, or both, with similar hazardous waste

management needs;

(C) solicitation and analysis of proposals for the construction

and operation of hazardous waste management facilities by

nongovernmental entities, except that no proposal solicited under

terms of this subsection shall be analyzed if it involves cost to

the United States Government or fails to comply with the

requirements of subtitle C of the Solid Waste Disposal Act [42

U.S.C. 6921 et seq.] and other applicable provisions of law;

(D) recommendations on the appropriate balance between public

and private sector involvement in the siting, design, and

operation of new hazardous waste management facilities;

(E) documentation of the major reasons for public opposition to

new hazardous waste management facilities; and

(F) an evaluation of the various options for overcoming

obstacles to siting new facilities, including needed legislation

for implementing the most suitable option or options.

(e) Adequacy of existing common law and statutory remedies

(1) In order to determine the adequacy of existing common law and

statutory remedies in providing legal redress for harm to man and

the environment caused by the release of hazardous substances into

the environment, there shall be submitted to the Congress a study

within twelve months of December 11, 1980.

(2) This study shall be conducted with the assistance of the

American Bar Association, the American Law Institute, the

Association of American Trial Lawyers, and the National Association

of State Attorneys General with the President of each entity

selecting three members from each organization to conduct the

study. The study chairman and one reporter shall be elected from

among the twelve members of the study group.

(3) As part of their review of the adequacy of existing common

law and statutory remedies, the study group shall evaluate the

following:

(A) the nature, adequacy, and availability of existing remedies

under present law in compensating for harm to man from the

release of hazardous substances;

(B) the nature of barriers to recovery (particularly with

respect to burdens of going forward and of proof and relevancy)

and the role such barriers play in the legal system;

(C) the scope of the evidentiary burdens placed on the

plaintiff in proving harm from the release of hazardous

substances, particularly in light of the scientific uncertainty

over causation with respect to -

(i) carcinogens, mutagens, and teratogens, and

(ii) the human health effects of exposure to low doses of

hazardous substances over long periods of time;

(D) the nature and adequacy of existing remedies under present

law in providing compensation for damages to natural resources

from the release of hazardous substances;

(E) the scope of liability under existing law and the

consequences, particularly with respect to obtaining insurance,

of any changes in such liability;

(F) barriers to recovery posed by existing statutes of

limitations.

(4) The report shall be submitted to the Congress with

appropriate recommendations. Such recommendations shall explicitly

address -

(A) the need for revisions in existing statutory or common law,

and

(B) whether such revisions should take the form of Federal

statutes or the development of a model code which is recommended

for adoption by the States.

(5) The Fund shall pay administrative expenses incurred for the

study. No expenses shall be available to pay compensation, except

expenses on a per diem basis for the one reporter, but in no case

shall the total expenses of the study exceed $300,000.

(f) Modification of national contingency plan

The President, acting through the Administrator of the

Environmental Protection Agency, the Secretary of Transportation,

the Administrator of the Occupational Safety and Health

Administration, and the Director of the National Institute for

Occupational Safety and Health shall study and, not later than two

years after December 11, 1980, shall modify the national

contingency plan to provide for the protection of the health and

safety of employees involved in response actions.

(g) Insurability study

(1) Study by Comptroller General

The Comptroller General of the United States, in consultation

with the persons described in paragraph (2), shall undertake a

study to determine the insurability, and effects on the standard

of care, of the liability of each of the following:

(A) Persons who generate hazardous substances: liability for

costs and damages under this chapter.

(B) Persons who own or operate facilities: liability for

costs and damages under this chapter.

(C) Persons liable for injury to persons or property caused

by the release of hazardous substances into the environment.

(2) Consultation

In conducting the study under this subsection, the Comptroller

General shall consult with the following:

(A) Representatives of the Administrator.

(B) Representatives of persons described in subparagraphs (A)

through (C) of the preceding paragraph.

(C) Representatives (i) of groups or organizations comprised

generally of persons adversely affected by releases or

threatened releases of hazardous substances and (ii) of groups

organized for protecting the interests of consumers.

(D) Representatives of property and casualty insurers.

(E) Representatives of reinsurers.

(F) Persons responsible for the regulation of insurance at

the State level.

(3) Items evaluated

The study under this section shall include, among other

matters, an evaluation of the following:

(A) Current economic conditions in, and the future outlook

for, the commercial market for insurance and reinsurance.

(B) Current trends in statutory and common law remedies.

(C) The impact of possible changes in traditional standards

of liability, proof, evidence, and damages on existing

statutory and common law remedies.

(D) The effect of the standard of liability and extent of the

persons upon whom it is imposed under this chapter on the

protection of human health and the environment and on the

availability, underwriting, and pricing of insurance coverage.

(E) Current trends, if any, in the judicial interpretation

and construction of applicable insurance contracts, together

with the degree to which amendments in the language of such

contracts and the description of the risks assumed, could

affect such trends.

(F) The frequency and severity of a representative sample of

claims closed during the calendar year immediately preceding

October 17, 1986.

(G) Impediments to the acquisition of insurance or other

means of obtaining liability coverage other than those referred

to in the preceding subparagraphs.

(H) The effects of the standards of liability and financial

responsibility requirements imposed pursuant to this chapter on

the cost of, and incentives for, developing and demonstrating

alternative and innovative treatment technologies, as well as

waste generation minimization.

(4) Submission

The Comptroller General shall submit a report on the results of

the study to Congress with appropriate recommendations within 12

months after October 17, 1986.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 301, Dec. 11, 1980, 94 Stat. 2805;

Pub. L. 99-499, title I, Sec. 107(d)(3), title II, Secs. 208, 212,

Oct. 17, 1986, 100 Stat. 1630, 1707, 1726; Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1)(A), (E), (G),

(c)(1), and (g), was in the original "this Act", meaning Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known as the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980, which enacted this chapter, section 6911a of this

title, and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title

26, Internal Revenue Code, amended section 6911 of this title,

section 1364 of Title 33, Navigation and Navigable Waters, and

section 11901 of Title 49, Transportation, and enacted provisions

set out as notes under section 6911 of this title and sections 1

and 4611 of Title 26. For complete classification of this Act to

the Code, see Short Title note set out under section 9601 of this

title and Tables.

Subchapter II of this chapter, referred to in subsec. (a)(1)(F),

was in the original "title II of this Act", meaning title II of

Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2796, known as the

Hazardous Substance Response Revenue Act of 1980, which enacted

subchapter II of this chapter and sections 4611, 4612, 4661, 4662,

4681, and 4682 of Title 26. Sections 221 to 223 and 232 of Pub. L.

96-510, which were classified to sections 9631 to 9633 and 9641 of

this title, comprising subchapter II of this chapter, were repealed

by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct. 17, 1986,

100 Stat. 1767, 1774. For complete classification of title II to

the Code, see Short Title of 1980 Amendment note set out under

section 1 of Title 26 and Tables.

For effective date of this chapter, referred to in subsec.

(a)(2), see section 9652 of this title.

Subsection 3001(b)(2)(B) and subsection 3001(b)(3)(A) of the

Solid Waste Disposal Act of 1980, referred to in subsec. (a)(2),

probably mean section 3001(b)(2)(B) and (3)(A) of the Solid Waste

Disposal Act, as amended by the Solid Waste Disposal Act Amendments

of 1980, which enacted section 6921(b)(2)(B) and (3)(A) of this

title.

The Solid Waste Disposal Act, referred to in subsecs. (a)(2) and

(d)(C), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997,

as amended generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90

Stat. 2795. Subtitle C of the Solid Waste Disposal Act is

classified generally to subchapter III (Sec. 6921 et seq.) of

chapter 82 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 6901 of

this title and Tables.

-COD-

CODIFICATION

Subsec. (h) of this section, which required the Administrator of

the Environmental Protection Agency to submit an annual report to

Congress of such Agency on the progress achieved in implementing

this chapter during the preceding fiscal year, required the

Inspector General of the Agency to review the report for

reasonableness and accuracy and submit to Congress, as a part of

that report, a report on the results of the review, and required

the appropriate authorizing committees of Congress, after receiving

those reports, to conduct oversight hearings to ensure that this

chapter is being implemented according to the purposes of this

chapter and congressional intent in enacting this chapter,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, the 5th item on page 164 of

House Document No. 103-7.

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(1)(H). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

Subsec. (c)(1). Pub. L. 99-499, Sec. 107(d)(3), inserted at end

"Notwithstanding the failure of the President to promulgate the

regulations required under this subsection on the required date,

the President shall promulgate such regulations not later than 6

months after October 17, 1986."

Subsec. (g). Pub. L. 99-499, Sec. 208, added subsec. (g).

Subsec. (h). Pub. L. 99-499, Sec. 212, added subsec. (h).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9604, 9607, 9612, 9613 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9652 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9652. Effective dates; savings provisions

-STATUTE-

(a) Unless otherwise provided, all provisions of this chapter

shall be effective on December 11, 1980.

(b) Any regulation issued pursuant to any provisions of section

1321 of title 33 which is repealed or superseded by this chapter

and which is in effect on the date immediately preceding the

effective date of this chapter shall be deemed to be a regulation

issued pursuant to the authority of this chapter and shall remain

in full force and effect unless or until superseded by new

regulations issued thereunder.

(c) Any regulation -

(1) respecting financial responsibility,

(2) issued pursuant to any provision of law repealed or

superseded by this chapter, and

(3) in effect on the date immediately preceding the effective

date of this chapter shall be deemed to be a regulation issued

pursuant to the authority of this chapter and shall remain in

full force and effect unless or until superseded by new

regulations issued thereunder.

(d) Nothing in this chapter shall affect or modify in any way the

obligations or liabilities of any person under other Federal or

State law, including common law, with respect to releases of

hazardous substances or other pollutants or contaminants. The

provisions of this chapter shall not be considered, interpreted, or

construed in any way as reflecting a determination, in part or

whole, of policy regarding the inapplicability of strict liability,

or strict liability doctrines, to activities relating to hazardous

substances, pollutants, or contaminants or other such activities.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 302, Dec. 11, 1980, 94 Stat.

2808.)

-End-

-CITE-

42 USC Sec. 9653 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9653. Repealed. Pub. L. 99-499, title V, Sec. 511(b), Oct. 17,

1986, 100 Stat. 1761

-MISC1-

Section, Pub. L. 96-510, title III, Sec. 303, Dec. 11, 1980, 94

Stat. 2808, provided for termination of authority to collect taxes

under this chapter.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 1, 1987, see section 511(c) of Pub. L.

99-499, set out as an Effective Date of 1986 Amendment note under

section 4611 of Title 26, Internal Revenue Code.

-End-

-CITE-

42 USC Sec. 9654 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9654. Applicability of Federal water pollution control

funding, etc., provisions

-STATUTE-

(a) Omitted

(b) One-half of the unobligated balance remaining before December

11, 1980, under subsection (k) (!1) of section 1321 of title 33 and

all sums appropriated under section 1364(b) (!1) of title 33 shall

be transferred to the Fund established under subchapter II (!1) of

this chapter.

(c) In any case in which any provision of section 1321 of title

33 is determined to be in conflict with any provisions of this

chapter, the provisions of this chapter shall apply.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 304, Dec. 11, 1980, 94 Stat.

2809.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (k) of section 1321 of title 33, referred to in

subsec. (b), was repealed by Pub. L. 101-380, title II, Sec.

2002(b)(2), Aug. 18, 1990, 104 Stat. 507.

Section 1364(b) of title 33, referred to in subsec. (b), was

repealed by Pub. L. 96-510, title III, Sec. 304(a), Dec. 11, 1980,

94 Stat. 2809.

Subchapter II of this chapter, referred to in subsec. (b), was in

the original "title II of this Act", meaning title II of Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous

Substance Response Revenue Act of 1980, which enacted subchapter II

of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682

of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of

Pub. L. 96-510, which were classified to sections 9631 to 9633 and

9641 of this title, comprising subchapter II of this chapter, were

repealed by Pub. L. 99-499, title V, Secs. 514(b), 517(c)(1), Oct.

17, 1986, 100 Stat. 1767, 1774. For complete classification of

title II to the Code, see Short Title of 1980 Amendment note set

out under section 1 of Title 26 and Tables.

-COD-

CODIFICATION

Subsec. (a) of this section repealed section 1364(b) of Title 33,

Navigation and Navigable Waters.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9655 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9655. Legislative veto of rule or regulation

-STATUTE-

(a) Transmission to Congress upon promulgation or repromulgation of

rule or regulation; disapproval procedures

Notwithstanding any other provision of law, simultaneously with

promulgation or repromulgation of any rule or regulation under

authority of subchapter I of this chapter, the head of the

department, agency, or instrumentality promulgating such rule or

regulation shall transmit a copy thereof to the Secretary of the

Senate and the Clerk of the House of Representatives. Except as

provided in subsection (b) of this section, the rule or regulation

shall not become effective, if -

(1) within ninety calendar days of continuous session of

Congress after the date of promulgation, both Houses of Congress

adopt a concurrent resolution, the matter after the resolving

clause of which is as follows: "That Congress disapproves the

rule or regulation promulgated by the dealing with the

matter of , which rule or regulation was transmitted to

Congress on .", the blank spaces therein being

appropriately filled; or

(2) within sixty calendar days of continuous session of

Congress after the date of promulgation, one House of Congress

adopts such a concurrent resolution and transmits such resolution

to the other House, and such resolution is not disapproved by

such other House within thirty calendar days of continuous

session of Congress after such transmittal.

(b) Approval; effective dates

If, at the end of sixty calendar days of continuous session of

Congress after the date of promulgation of a rule or regulation, no

committee of either House of Congress has reported or been

discharged from further consideration of a concurrent resolution

disapproving the rule or regulation and neither House has adopted

such a resolution, the rule or regulation may go into effect

immediately. If, within such sixty calendar days, such a committee

has reported or been discharged from further consideration of such

a resolution, or either House has adopted such a resolution, the

rule or regulation may go into effect not sooner than ninety

calendar days of continuous session of Congress after such rule is

prescribed unless disapproved as provided in subsection (a) of this

section.

(c) Sessions of Congress as applicable

For purposes of subsections (a) and (b) of this section -

(1) continuity of session is broken only by an adjournment of

Congress sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than three days to a day certain are

excluded in the computation of thirty, sixty, and ninety calendar

days of continuous session of Congress.

(d) Congressional inaction on, or rejection of, resolution of

disapproval

Congressional inaction on, or rejection of, a resolution of

disapproval shall not be deemed an expression of approval of such

rule or regulation.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 305, Dec. 11, 1980, 94 Stat.

2809.)

-End-

-CITE-

42 USC Sec. 9656 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9656. Transportation of hazardous substances; listing as

hazardous material; liability for release

-STATUTE-

(a) Each hazardous substance which is listed or designated as

provided in section 9601(14) of this title shall, within 30 days

after October 17, 1986, or at the time of such listing or

designation, whichever is later, be listed and regulated as a

hazardous material under chapter 51 of title 49.

(b) A common or contract carrier shall be liable under other law

in lieu of section 9607 of this title for damages or remedial

action resulting from the release of a hazardous substance during

the course of transportation which commenced prior to the effective

date of the listing and regulation of such substance as a hazardous

material under chapter 51 of title 49, or for substances listed

pursuant to subsection (a) of this section, prior to the effective

date of such listing: Provided, however, That this subsection shall

not apply where such a carrier can demonstrate that he did not have

actual knowledge of the identity or nature of the substance

released.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 306(a), (b), Dec. 11, 1980, 94

Stat. 2810; Pub. L. 99-499, title II, Sec. 202, Oct. 17, 1986, 100

Stat. 1695.)

-COD-

CODIFICATION

In subsecs. (a) and (b), "chapter 51 of title 49" substituted for

"the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et

seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,

108 Stat. 1378, the first section of which enacted subtitles II,

III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-499, Sec. 202(a), substituted

"within 30 days after October 17, 1986" for "within ninety days

after December 11, 1980" and inserted "and regulated" before "as a

hazardous material".

Subsec. (b). Pub. L. 99-499, Sec. 202(b), inserted "and

regulation" after "prior to the effective date of the listing".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 31301.

-End-

-CITE-

42 USC Sec. 9657 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9657. Separability; contribution

-STATUTE-

If any provision of this chapter, or the application of any

provision of this chapter to any person or circumstance, is held

invalid, the application of such provision to other persons or

circumstances and the remainder of this chapter shall not be

affected thereby. If an administrative settlement under section

9622 of this title has the effect of limiting any person's right to

obtain contribution from any party to such settlement, and if the

effect of such limitation would constitute a taking without just

compensation in violation of the fifth amendment of the

Constitution of the United States, such person shall not be

entitled, under other laws of the United States, to recover

compensation from the United States for such taking, but in any

such case, such limitation on the right to obtain contribution

shall be treated as having no force and effect.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 308, Dec. 11, 1980, 94 Stat. 2811;

Pub. L. 99-499, title I, Sec. 122(b), Oct. 17, 1986, 100 Stat.

1688.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as

amended, known as the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, which enacted this

chapter, section 6911a of this title, and sections 4611, 4612,

4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code,

amended section 6911 of this title, section 1364 of Title 33,

Navigation and Navigable Waters, and section 11901 of Title 49,

Transportation, and enacted provisions set out as notes under

section 6911 of this title and sections 1 and 4611 of Title 26. For

complete classification of this Act to the Code, see Short Title

note set out under section 9601 of this title and Tables.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-499 inserted sentence at end relating to

administrative settlements under section 9622 of this title which

have effect of limiting any person's right to obtain contribution

from any party to such settlement.

-End-

-CITE-

42 USC Sec. 9658 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9658. Actions under State law for damages from exposure to

hazardous substances

-STATUTE-

(a) State statutes of limitations for hazardous substance cases

(1) Exception to State statutes

In the case of any action brought under State law for personal

injury, or property damages, which are caused or contributed to

by exposure to any hazardous substance, or pollutant or

contaminant, released into the environment from a facility, if

the applicable limitations period for such action (as specified

in the State statute of limitations or under common law) provides

a commencement date which is earlier than the federally required

commencement date, such period shall commence at the federally

required commencement date in lieu of the date specified in such

State statute.

(2) State law generally applicable

Except as provided in paragraph (1), the statute of limitations

established under State law shall apply in all actions brought

under State law for personal injury, or property damages, which

are caused or contributed to by exposure to any hazardous

substance, or pollutant or contaminant, released into the

environment from a facility.

(3) Actions under section 9607

Nothing in this section shall apply with respect to any cause

of action brought under section 9607 of this title.

(b) Definitions

As used in this section -

(1) Subchapter I terms

The terms used in this section shall have the same meaning as

when used in subchapter I of this chapter.

(2) Applicable limitations period

The term "applicable limitations period" means the period

specified in a statute of limitations during which a civil action

referred to in subsection (a)(1) of this section may be brought.

(3) Commencement date

The term "commencement date" means the date specified in a

statute of limitations as the beginning of the applicable

limitations period.

(4) Federally required commencement date

(A) In general

Except as provided in subparagraph (B), the term "federally

required commencement date" means the date the plaintiff knew

(or reasonably should have known) that the personal injury or

property damages referred to in subsection (a)(1) of this

section were caused or contributed to by the hazardous

substance or pollutant or contaminant concerned.

(B) Special rules

In the case of a minor or incompetent plaintiff, the term

"federally required commencement date" means the later of the

date referred to in subparagraph (A) or the following:

(i) In the case of a minor, the date on which the minor

reaches the age of majority, as determined by State law, or

has a legal representative appointed.

(ii) In the case of an incompetent individual, the date on

which such individual becomes competent or has had a legal

representative appointed.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 309, as added Pub. L. 99-499,

title II, Sec. 203(a), Oct. 17, 1986, 100 Stat. 1695.)

-MISC1-

EFFECTIVE DATE

Section 203(b) of Pub. L. 99-499 provided that: "The amendment

made by subsection (a) of this section [enacting this section]

shall take effect with respect to actions brought after December

11, 1980."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9659 of this title.

-End-

-CITE-

42 USC Sec. 9659 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9659. Citizens suits

-STATUTE-

(a) Authority to bring civil actions

Except as provided in subsections (d) and (e) of this section and

in section 9613(h) of this title (relating to timing of judicial

review), any person may commence a civil action on his own behalf -

(1) against any person (including the United States and any

other governmental instrumentality or agency, to the extent

permitted by the eleventh amendment to the Constitution) who is

alleged to be in violation of any standard, regulation,

condition, requirement, or order which has become effective

pursuant to this chapter (including any provision of an agreement

under section 9620 of this title, relating to Federal

facilities); or

(2) against the President or any other officer of the United

States (including the Administrator of the Environmental

Protection Agency and the Administrator of the ATSDR) where there

is alleged a failure of the President or of such other officer to

perform any act or duty under this chapter, including an act or

duty under section 9620 of this title (relating to Federal

facilities), which is not discretionary with the President or

such other officer.

Paragraph (2) shall not apply to any act or duty under the

provisions of section 9660 of this title (relating to research,

development, and demonstration).

(b) Venue

(1) Actions under subsection (a)(1)

Any action under subsection (a)(1) of this section shall be

brought in the district court for the district in which the

alleged violation occurred.

(2) Actions under subsection (a)(2)

Any action brought under subsection (a)(2) of this section may

be brought in the United States District Court for the District

of Columbia.

(c) Relief

The district court shall have jurisdiction in actions brought

under subsection (a)(1) of this section to enforce the standard,

regulation, condition, requirement, or order concerned (including

any provision of an agreement under section 9620 of this title), to

order such action as may be necessary to correct the violation, and

to impose any civil penalty provided for the violation. The

district court shall have jurisdiction in actions brought under

subsection (a)(2) of this section to order the President or other

officer to perform the act or duty concerned.

(d) Rules applicable to subsection (a)(1) actions

(1) Notice

No action may be commenced under subsection (a)(1) of this

section before 60 days after the plaintiff has given notice of

the violation to each of the following:

(A) The President.

(B) The State in which the alleged violation occurs.

(C) Any alleged violator of the standard, regulation,

condition, requirement, or order concerned (including any

provision of an agreement under section 9620 of this title).

Notice under this paragraph shall be given in such manner as the

President shall prescribe by regulation.

(2) Diligent prosecution

No action may be commenced under paragraph (1) of subsection

(a) of this section if the President has commenced and is

diligently prosecuting an action under this chapter, or under the

Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] to require

compliance with the standard, regulation, condition, requirement,

or order concerned (including any provision of an agreement under

section 9620 of this title).

(e) Rules applicable to subsection (a)(2) actions

No action may be commenced under paragraph (2) of subsection (a)

of this section before the 60th day following the date on which the

plaintiff gives notice to the Administrator or other department,

agency, or instrumentality that the plaintiff will commence such

action. Notice under this subsection shall be given in such manner

as the President shall prescribe by regulation.

(f) Costs

The court, in issuing any final order in any action brought

pursuant to this section, may award costs of litigation (including

reasonable attorney and expert witness fees) to the prevailing or

the substantially prevailing party whenever the court determines

such an award is appropriate. The court may, if a temporary

restraining order or preliminary injunction is sought, require the

filing of a bond or equivalent security in accordance with the

Federal Rules of Civil Procedure.

(g) Intervention

In any action under this section, the United States or the State,

or both, if not a party may intervene as a matter of right. For

other provisions regarding intervention, see section 9613 of this

title.

(h) Other rights

This chapter does not affect or otherwise impair the rights of

any person under Federal, State, or common law, except with respect

to the timing of review as provided in section 9613(h) of this

title or as otherwise provided in section 9658 of this title

(relating to actions under State law).

(i) Definitions

The terms used in this section shall have the same meanings as

when used in subchapter I of this chapter.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 310, as added Pub. L. 99-499,

title II, Sec. 206, Oct. 17, 1986, 100 Stat. 1703.)

-REFTEXT-

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (d)(2), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (f),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9613 of this title.

-End-

-CITE-

42 USC Sec. 9660 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9660. Research, development, and demonstration

-STATUTE-

(a) Hazardous substance research and training

(1) Authorities of Secretary

The Secretary of Health and Human Services (hereinafter in this

subsection referred to as the Secretary), in consultation with

the Administrator, shall establish and support a basic research

and training program (through grants, cooperative agreements, and

contracts) consisting of the following:

(A) Basic research (including epidemiologic and ecologic

studies) which may include each of the following:

(i) Advanced techniques for the detection, assessment, and

evaluation of the effects on human health of hazardous

substances.

(ii) Methods to assess the risks to human health presented

by hazardous substances.

(iii) Methods and technologies to detect hazardous

substances in the environment and basic biological, chemical,

and physical methods to reduce the amount and toxicity of

hazardous substances.

(B) Training, which may include each of the following:

(i) Short courses and continuing education for State and

local health and environment agency personnel and other

personnel engaged in the handling of hazardous substances, in

the management of facilities at which hazardous substances

are located, and in the evaluation of the hazards to human

health presented by such facilities.

(ii) Graduate or advanced training in environmental and

occupational health and safety and in the public health and

engineering aspects of hazardous waste control.

(iii) Graduate training in the geosciences, including

hydrogeology, geological engineering, geophysics,

geochemistry, and related fields necessary to meet

professional personnel needs in the public and private

sectors and to effectuate the purposes of this chapter.

(2) Director of NIEHS

The Director of the National Institute for Environmental Health

Sciences shall cooperate fully with the relevant Federal agencies

referred to in subparagraph (A) of paragraph (5) in carrying out

the purposes of this section.

(3) Recipients of grants, etc.

A grant, cooperative agreement, or contract may be made or

entered into under paragraph (1) with an accredited institution

of higher education. The institution may carry out the research

or training under the grant, cooperative agreement, or contract

through contracts, including contracts with any of the following:

(A) Generators of hazardous wastes.

(B) Persons involved in the detection, assessment,

evaluation, and treatment of hazardous substances.

(C) Owners and operators of facilities at which hazardous

substances are located.

(D) State and local governments.

(4) Procedures

In making grants and entering into cooperative agreements and

contracts under this subsection, the Secretary shall act through

the Director of the National Institute for Environmental Health

Sciences. In considering the allocation of funds for training

purposes, the Director shall ensure that at least one grant,

cooperative agreement, or contract shall be awarded for training

described in each of clauses (i), (ii), and (iii) of paragraph

(1)(B). Where applicable, the Director may choose to operate

training activities in cooperation with the Director of the

National Institute for Occupational Safety and Health. The

procedures applicable to grants and contracts under title IV of

the Public Health Service Act [42 U.S.C. 281 et seq.] shall be

followed under this subsection.

(5) Advisory council

To assist in the implementation of this subsection and to aid

in the coordination of research and demonstration and training

activities funded from the Fund under this section, the Secretary

shall appoint an advisory council (hereinafter in this subsection

referred to as the "Advisory Council") which shall consist of

representatives of the following:

(A) The relevant Federal agencies.

(B) The chemical industry.

(C) The toxic waste management industry.

(D) Institutions of higher education.

(E) State and local health and environmental agencies.

(F) The general public.

(6) Planning

Within nine months after October 17, 1986, the Secretary,

acting through the Director of the National Institute for

Environmental Health Sciences, shall issue a plan for the

implementation of paragraph (1). The plan shall include

priorities for actions under paragraph (1) and include research

and training relevant to scientific and technological issues

resulting from site specific hazardous substance response

experience. The Secretary shall, to the maximum extent

practicable, take appropriate steps to coordinate program

activities under this plan with the activities of other Federal

agencies in order to avoid duplication of effort. The plan shall

be consistent with the need for the development of new

technologies for meeting the goals of response actions in

accordance with the provisions of this chapter. The Advisory

Council shall be provided an opportunity to review and comment on

the plan and priorities and assist appropriate coordination among

the relevant Federal agencies referred to in subparagraph (A) of

paragraph (5).

(b) Alternative or innovative treatment technology research and

demonstration program

(1) Establishment

The Administrator is authorized and directed to carry out a

program of research, evaluation, testing, development, and

demonstration of alternative or innovative treatment technologies

(hereinafter in this subsection referred to as the "program")

which may be utilized in response actions to achieve more

permanent protection of human health and welfare and the

environment.

(2) Administration

The program shall be administered by the Administrator, acting

through an office of technology demonstration and shall be

coordinated with programs carried out by the Office of Solid

Waste and Emergency Response and the Office of Research and

Development.

(3) Contracts and grants

In carrying out the program, the Administrator is authorized to

enter into contracts and cooperative agreements with, and make

grants to, persons, public entities, and nonprofit private

entities which are exempt from tax under section 501(c)(3) of

title 26. The Administrator shall, to the maximum extent

possible, enter into appropriate cost sharing arrangements under

this subsection.

(4) Use of sites

In carrying out the program, the Administrator may arrange for

the use of sites at which a response may be undertaken under

section 9604 of this title for the purposes of carrying out

research, testing, evaluation, development, and demonstration

projects. Each such project shall be carried out under such terms

and conditions as the Administrator shall require to assure the

protection of human health and the environment and to assure

adequate control by the Administrator of the research, testing,

evaluation, development, and demonstration activities at the

site.

(5) Demonstration assistance

(A) Program components

The demonstration assistance program shall include the

following:

(i) The publication of a solicitation and the evaluation of

applications for demonstration projects utilizing alternative

or innovative technologies.

(ii) The selection of sites which are suitable for the

testing and evaluation of innovative technologies.

(iii) The development of detailed plans for innovative

technology demonstration projects.

(iv) The supervision of such demonstration projects and the

providing of quality assurance for data obtained.

(v) The evaluation of the results of alternative innovative

technology demonstration projects and the determination of

whether or not the technologies used are effective and

feasible.

(B) Solicitation

Within 90 days after October 17, 1986, and no less often than

once every 12 months thereafter, the Administrator shall

publish a solicitation for innovative or alternative

technologies at a stage of development suitable for full-scale

demonstrations at sites at which a response action may be

undertaken under section 9604 of this title. The purpose of any

such project shall be to demonstrate the use of an alternative

or innovative treatment technology with respect to hazardous

substances or pollutants or contaminants which are located at

the site or which are to be removed from the site. The

solicitation notice shall prescribe information to be included

in the application, including technical and economic data

derived from the applicant's own research and development

efforts, and other information sufficient to permit the

Administrator to assess the technology's potential and the

types of remedial action to which it may be applicable.

(C) Applications

Any person and any public or private nonprofit entity may

submit an application to the Administrator in response to the

solicitation. The application shall contain a proposed

demonstration plan setting forth how and when the project is to

be carried out and such other information as the Administrator

may require.

(D) Project selection

In selecting technologies to be demonstrated, the

Administrator shall fully review the applications submitted and

shall consider at least the criteria specified in paragraph

(7). The Administrator shall select or refuse to select a

project for demonstration under this subsection within 90 days

of receiving the completed application for such project. In the

case of a refusal to select the project, the Administrator

shall notify the applicant within such 90-day period of the

reasons for his refusal.

(E) Site selection

The Administrator shall propose 10 sites at which a response

may be undertaken under section 9604 of this title to be the

location of any demonstration project under this subsection

within 60 days after the close of the public comment period.

After an opportunity for notice and public comment, the

Administrator shall select such sites and projects. In

selecting any such site, the Administrator shall take into

account the applicant's technical data and preferences either

for onsite operation or for utilizing the site as a source of

hazardous substances or pollutants or contaminants to be

treated offsite.

(F) Demonstration plan

Within 60 days after the selection of the site under this

paragraph to be the location of a demonstration project, the

Administrator shall establish a final demonstration plan for

the project, based upon the demonstration plan contained in the

application for the project. Such plan shall clearly set forth

how and when the demonstration project will be carried out.

(G) Supervision and testing

Each demonstration project under this subsection shall be

performed by the applicant, or by a person satisfactory to the

applicant, under the supervision of the Administrator. The

Administrator shall enter into a written agreement with each

applicant granting the Administrator the responsibility and

authority for testing procedures, quality control, monitoring,

and other measurements necessary to determine and evaluate the

results of the demonstration project. The Administrator may pay

the costs of testing, monitoring, quality control, and other

measurements required by the Administrator to determine and

evaluate the results of the demonstration project, and the

limitations established by subparagraph (J) shall not apply to

such costs.

(H) Project completion

Each demonstration project under this subsection shall be

completed within such time as is established in the

demonstration plan.

(I) Extensions

The Administrator may extend any deadline established under

this paragraph by mutual agreement with the applicant

concerned.

(J) Funding restrictions

The Administrator shall not provide any Federal assistance

for any part of a full-scale field demonstration project under

this subsection to any applicant unless such applicant can

demonstrate that it cannot obtain appropriate private financing

on reasonable terms and conditions sufficient to carry out such

demonstration project without such Federal assistance. The

total Federal funds for any full-scale field demonstration

project under this subsection shall not exceed 50 percent of

the total cost of such project estimated at the time of the

award of such assistance. The Administrator shall not expend

more than $10,000,000 for assistance under the program in any

fiscal year and shall not expend more than $3,000,000 for any

single project.

(6) Field demonstrations

In carrying out the program, the Administrator shall initiate

or cause to be initiated at least 10 field demonstration projects

of alternative or innovative treatment technologies at sites at

which a response may be undertaken under section 9604 of this

title, in fiscal year 1987 and each of the succeeding three

fiscal years. If the Administrator determines that 10 field

demonstration projects under this subsection cannot be initiated

consistent with the criteria set forth in paragraph (7) in any of

such fiscal years, the Administrator shall transmit to the

appropriate committees of Congress a report explaining the

reasons for his inability to conduct such demonstration projects.

(7) Criteria

In selecting technologies to be demonstrated under this

subsection, the Administrator shall, consistent with the

protection of human health and the environment, consider each of

the following criteria:

(A) The potential for contributing to solutions to those

waste problems which pose the greatest threat to human health,

which cannot be adequately controlled under present

technologies, or which otherwise pose significant management

difficulties.

(B) The availability of technologies which have been

sufficiently developed for field demonstration and which are

likely to be cost-effective and reliable.

(C) The availability and suitability of sites for

demonstrating such technologies, taking into account the

physical, biological, chemical, and geological characteristics

of the sites, the extent and type of contamination found at the

site, and the capability to conduct demonstration projects in

such a manner as to assure the protection of human health and

the environment.

(D) The likelihood that the data to be generated from the

demonstration project at the site will be applicable to other

sites.

(8) Technology transfer

In carrying out the program, the Administrator shall conduct a

technology transfer program including the development,

collection, evaluation, coordination, and dissemination of

information relating to the utilization of alternative or

innovative treatment technologies for response actions. The

Administrator shall establish and maintain a central reference

library for such information. The information maintained by the

Administrator shall be made available to the public, subject to

the provisions of section 552 of title 5 and section 1905 of

title 18, and to other Government agencies in a manner that will

facilitate its dissemination; except, that upon a showing

satisfactory to the Administrator by any person that any

information or portion thereof obtained under this subsection by

the Administrator directly or indirectly from such person, would,

if made public, divulge -

(A) trade secrets; or

(B) other proprietary information of such person,

the Administrator shall not disclose such information and

disclosure thereof shall be punishable under section 1905 of

title 18. This subsection is not authority to withhold

information from Congress or any committee of Congress upon the

request of the chairman of such committee.

(9) Training

The Administrator is authorized and directed to carry out,

through the Office of Technology Demonstration, a program of

training and an evaluation of training needs for each of the

following:

(A) Training in the procedures for the handling and removal

of hazardous substances for employees who handle hazardous

substances.

(B) Training in the management of facilities at which

hazardous substances are located and in the evaluation of the

hazards to human health presented by such facilities for State

and local health and environment agency personnel.

(10) Definition

For purposes of this subsection, the term "alternative or

innovative treatment technologies" means those technologies,

including proprietary or patented methods, which permanently

alter the composition of hazardous waste through chemical,

biological, or physical means so as to significantly reduce the

toxicity, mobility, or volume (or any combination thereof) of the

hazardous waste or contaminated materials being treated. The term

also includes technologies that characterize or assess the extent

of contamination, the chemical and physical character of the

contaminants, and the stresses imposed by the contaminants on

complex ecosystems at sites.

(c) Hazardous substance research

The Administrator may conduct and support, through grants,

cooperative agreements, and contracts, research with respect to the

detection, assessment, and evaluation of the effects on and risks

to human health of hazardous substances and detection of hazardous

substances in the environment. The Administrator shall coordinate

such research with the Secretary of Health and Human Services,

acting through the advisory council established under this section,

in order to avoid duplication of effort.

(d) University hazardous substance research centers

(1) Grant program

The Administrator shall make grants to institutions of higher

learning to establish and operate not fewer than 5 hazardous

substance research centers in the United States. In carrying out

the program under this subsection, the Administrator should seek

to have established and operated 10 hazardous substance research

centers in the United States.

(2) Responsibilities of centers

The responsibilities of each hazardous substance research

center established under this subsection shall include, but not

be limited to, the conduct of research and training relating to

the manufacture, use, transportation, disposal, and management of

hazardous substances and publication and dissemination of the

results of such research.

(3) Applications

Any institution of higher learning interested in receiving a

grant under this subsection shall submit to the Administrator an

application in such form and containing such information as the

Administrator may require by regulation.

(4) Selection criteria

The Administrator shall select recipients of grants under this

subsection on the basis of the following criteria:

(A) The hazardous substance research center shall be located

in a State which is representative of the needs of the region

in which such State is located for improved hazardous waste

management.

(B) The grant recipient shall be located in an area which has

experienced problems with hazardous substance management.

(C) There is available to the grant recipient for carrying

out this subsection demonstrated research resources.

(D) The capability of the grant recipient to provide

leadership in making national and regional contributions to the

solution of both long-range and immediate hazardous substance

management problems.

(E) The grant recipient shall make a commitment to support

ongoing hazardous substance research programs with budgeted

institutional funds of at least $100,000 per year.

(F) The grant recipient shall have an interdisciplinary staff

with demonstrated expertise in hazardous substance management

and research.

(G) The grant recipient shall have a demonstrated ability to

disseminate results of hazardous substance research and

educational programs through an interdisciplinary continuing

education program.

(H) The projects which the grant recipient proposes to carry

out under the grant are necessary and appropriate.

(5) Maintenance of effort

No grant may be made under this subsection in any fiscal year

unless the recipient of such grant enters into such agreements

with the Administrator as the Administrator may require to ensure

that such recipient will maintain its aggregate expenditures from

all other sources for establishing and operating a regional

hazardous substance research center and related research

activities at or above the average level of such expenditures in

its 2 fiscal years preceding October 17, 1986.

(6) Federal share

The Federal share of a grant under this subsection shall not

exceed 80 percent of the costs of establishing and operating the

regional hazardous substance research center and related research

activities carried out by the grant recipient.

(7) Limitation on use of funds

No funds made available to carry out this subsection shall be

used for acquisition of real property (including buildings) or

construction of any building.

(8) Administration through the Office of the Administrator

Administrative responsibility for carrying out this subsection

shall be in the Office of the Administrator.

(9) Equitable distribution of funds

The Administrator shall allocate funds made available to carry

out this subsection equitably among the regions of the United

States.

(10) Technology transfer activities

Not less than five percent of the funds made available to carry

out this subsection for any fiscal year shall be available to

carry out technology transfer activities.

(e) Report to Congress

At the time of the submission of the annual budget request to

Congress, the Administrator shall submit to the appropriate

committees of the House of Representatives and the Senate and to

the advisory council established under subsection (a) of this

section, a report on the progress of the research, development, and

demonstration program authorized by subsection (b) of this section,

including an evaluation of each demonstration project completed in

the preceding fiscal year, findings with respect to the efficacy of

such demonstrated technologies in achieving permanent and

significant reductions in risk from hazardous wastes, the costs of

such demonstration projects, and the potential applicability of,

and projected costs for, such technologies at other hazardous

substance sites.

(f) Saving provision

Nothing in this section shall be construed to affect the

provisions of the Solid Waste Disposal Act [42 U.S.C. 6901 et

seq.].

(g) Small business participation

The Administrator shall ensure, to the maximum extent

practicable, an adequate opportunity for small business

participation in the program established by subsection (b) of this

section.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 311, as added Pub. L. 99-499,

title II, Sec. 209(b), Oct. 17, 1986, 100 Stat. 1708; amended Pub.

L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in subsec. (a)(4), is

act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title IV of

the Public Health Service Act is classified generally to subchapter

III (Sec. 281 et seq.) of chapter 6A of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of this title and Tables.

The Solid Waste Disposal Act, referred to in subsec. (f), is

title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended

generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,

which is classified generally to chapter 82 (Sec. 6901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6901 of this title and

Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (b)(3). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954", which

for purposes of codification was translated as "title 26" thus

requiring no change in text.

GULF COAST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION CENTER

Section 118(l) of Pub. L. 99-499 provided that:

"(1) Establishment of hazardous substance research, development,

and demonstration center. - The Administrator shall establish a

hazardous substance research, development, and demonstration center

(hereinafter in this subsection referred to as the 'Center') for

the purpose of conducting research to aid in more effective

hazardous substance response and waste management throughout the

Gulf Coast.

"(2) Purposes of the center. - The Center shall carry out a

program of research, evaluation, testing, development, and

demonstration of alternative or innovative technologies which may

be utilized in response actions or in normal handling of hazardous

wastes to achieve better protection of human health and the

environment.

"(3) Operation of center. - (A) For purposes of operating the

Center, the Administrator is authorized to enter into contracts and

cooperative agreements with, and make grants to, a university

related institute involved with the improvement of waste

management. Such institute shall be located in Jefferson County,

Texas.

"(B) The Center shall be authorized to make grants, accept

contributions, and enter into agreements with universities located

in the States of Texas, Louisiana, Mississippi, Alabama, and

Florida in order to carry out the purposes of the Center.

"(4) Authorization of appropriations. - There are authorized to

be appropriated to the Administrator for purposes of carrying out

this subsection for fiscal years beginning after September 30,

1986, not more than $5,000,000."

PACIFIC NORTHWEST HAZARDOUS SUBSTANCE RESEARCH, DEVELOPMENT, AND

DEMONSTRATION CENTER

Section 118(o) of Pub. L. 99-499 provided that:

"(1) Establishment. - The Administrator shall establish a

hazardous substance research, development, and demonstration center

(hereinafter in this subsection referred to as the 'Center') for

the purpose of conducting research to aid in more effective

hazardous substance response in the Pacific Northwest.

"(2) Purposes of center. - The Center shall carry out a program

of research, evaluation, testing, development, and demonstration of

alternative or innovative technologies which may be utilized in

response actions to achieve more permanent protection of human

health and welfare and the environment.

"(3) Operation of center. -

"(A) Nonprofit entity. - For the purposes of operating the

Center, the Administrator is authorized to enter into contracts

and cooperative agreements with, and make grants to, a nonprofit

private entity as defined in section 201(i) of Public Law 96-517

[probably means section 201(i) of Title 35, Patents, which was

enacted by section 6(a) of Pub. L. 96-517, Dec. 12, 1980, 94

Stat. 3020] which entity shall agree to provide the basic

technical and management personnel. Such nonprofit private entity

shall also agree to provide at least two permanent research

facilities, one of which shall be located in Benton County,

Washington, and one of which shall be located in Clallam County,

Washington.

"(B) Authorities. - The Center shall be authorized to make

grants, accept contributions, and enter into agreements with

universities located in the States of Washington, Oregon, Idaho,

and Montana in order to carry out the purposes of the Center.

"(4) Hazardous waste research at the hanford site. -

"(A) Interagency agreements. - The Administrator and the

Secretary of Energy are authorized to enter into interagency

agreements with one another for the purpose of providing for

research, evaluation, testing, development, and demonstration

into alternative or innovative technologies to characterize and

assess the nature and extent of hazardous waste (including

radioactive mixed waste) contamination at the Hanford site, in

the State of Washington.

"(B) Funding. - There is authorized to be appropriated to the

Secretary of Energy for purposes of carrying out this paragraph

for fiscal years beginning after September 30, 1986, not more

than $5,000,000. All sums appropriated under this subparagraph

shall be provided to the Administrator by the Secretary of

Energy, pursuant to the interagency agreement entered into under

subparagraph (A), for the purpose of the Administrator entering

into contracts and cooperative agreements with, and making grants

to, the Center in order to carry out the research, evaluation,

testing, development, and demonstration described in paragraph

(1).

"(5) Authorization of appropriations. - There is authorized to be

appropriated to the Administrator for purposes of carrying out this

subsection (other than paragraph (4)) for fiscal years beginning

after September 30, 1986, not more than $5,000,000."

CONGRESSIONAL STATEMENT OF PURPOSE

Section 209(a) of Pub. L. 99-499 provided that: "The purposes of

this section [enacting this section] are as follows:

"(1) To establish a comprehensive and coordinated Federal

program of research, development, demonstration, and training for

the purpose of promoting the development of alternative and

innovative treatment technologies that can be used in response

actions under the CERCLA program, to provide incentives for the

development and use of such technologies, and to improve the

scientific capability to assess, detect and evaluate the effects

on and risks to human health from hazardous substances.

"(2) To establish a basic university research and education

program within the Department of Health and Human Services and a

research, demonstration, and training program within the

Environmental Protection Agency.

"(3) To reserve certain funds from the Hazardous Substance

Trust Fund to support a basic research program within the

Department of Health and Human Services, and an applied and

developmental research program within the Environmental

Protection Agency.

"(4) To enhance the Environmental Protection Agency's internal

research capabilities related to CERCLA activities, including

site assessment and technology evaluation.

"(5) To provide incentives for the development of alternative

and innovative treatment technologies in a manner that

supplements or coordinates with, but does not compete with or

duplicate, private sector development of such technologies."

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9611, 9619, 9659 of this

title; title 10 section 2702.

-End-

-CITE-

42 USC Sec. 9660a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9660a. Grant program

-STATUTE-

(1) Grant purposes

Grants for the training and education of workers who are or may

be engaged in activities related to hazardous waste removal or

containment or emergency response may be made under this section.

(2) Administration

Grants under this section shall be administered by the National

Institute of Environmental Health Sciences.

(3) Grant recipients

Grants shall be awarded to nonprofit organizations which

demonstrate experience in implementing and operating worker health

and safety training and education programs and demonstrate the

ability to reach and involve in training programs target

populations of workers who are or will be engaged in hazardous

waste removal or containment or emergency response operations.

-SOURCE-

(Pub. L. 99-499, title I, Sec. 126(g), Oct. 17, 1986, 100 Stat.

1692.)

-COD-

CODIFICATION

Section was enacted as part of the Superfund Amendments and

Reauthorization Act of 1986, and not as part of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7274d, 9611, 9619 of this

title; title 49 section 5115.

-End-

-CITE-

42 USC Sec. 9661 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9661. Love Canal property acquisition

-STATUTE-

(a) Acquisition of property in Emergency Declaration Area

The Administrator of the Environmental Protection Agency

(hereinafter referred to as the "Administrator") may make grants

not to exceed $2,500,000 to the State of New York (or to any duly

constituted public agency or authority thereof) for purposes of

acquisition of private property in the Love Canal Emergency

Declaration Area. Such acquisition shall include (but shall not be

limited to) all private property within the Emergency Declaration

Area, including non-owner occupied residential properties,

commercial, industrial, public, religious, non-profit, and vacant

properties.

(b) Procedures for acquisition

No property shall be acquired pursuant to this section unless the

property owner voluntarily agrees to such acquisition. Compensation

for any property acquired pursuant to this section shall be based

upon the fair market value of the property as it existed prior to

the emergency declaration. Valuation procedures for property

acquired with funds provided under this section shall be in

accordance with those set forth in the agreement entered into

between the New York State Disaster Preparedness Commission and the

Love Canal Revitalization Agency on October 9, 1980.

(c) State ownership

The Administrator shall not provide any funds under this section

for the acquisition of any properties pursuant to this section

unless a public agency or authority of the State of New York first

enters into a cooperative agreement with the Administrator

providing assurances deemed adequate by the Administrator that the

State or an agency created under the laws of the State shall take

title to the properties to be so acquired.

(d) Maintenance of property

The Administrator shall enter into a cooperative agreement with

an appropriate public agency or authority of the State of New York

under which the Administrator shall maintain or arrange for the

maintenance of all properties within the Emergency Declaration Area

that have been acquired by any public agency or authority of the

State. Ninety (90) percent of the costs of such maintenance shall

be paid by the Administrator. The remaining portion of such costs

shall be paid by the State (unless a credit is available under

section 9604(c) of this title). The Administrator is authorized, in

his discretion, to provide technical assistance to any public

agency or authority of the State of New York in order to implement

the recommendations of the habitability and land-use study in order

to put the land within the Emergency Declaration Area to its best

use.

(e) Habitability and land use study

The Administrator shall conduct or cause to be conducted a

habitability and land-use study. The study shall -

(1) assess the risks associated with inhabiting of the Love

Canal Emergency Declaration Area;

(2) compare the level of hazardous waste contamination in that

Area to that present in other comparable communities; and

(3) assess the potential uses of the land within the Emergency

Declaration Area, including but not limited to residential,

industrial, commercial and recreational, and the risks associated

with such potential uses.

The Administrator shall publish the findings of such study and

shall work with the State of New York to develop recommendations

based upon the results of such study.

(f) Funding

For purposes of section 9611 of this title [and 9631(c) (!1) of

this title], the expenditures authorized by this section shall be

treated as a cost specified in section 9611(c) of this title.

(g) Response

The provisions of this section shall not affect the

implementation of other response actions within the Emergency

Declaration Area that the Administrator has determined (before

October 17, 1986) to be necessary to protect the public health or

welfare or the environment.

(h) Definitions

For purposes of this section:

(1) Emergency Declaration Area

The terms "Emergency Declaration Area" and "Love Canal

Emergency Declaration Area" mean the Emergency Declaration Area

as defined in section 950, paragraph (2) of the General Municipal

Law of the State of New York, Chapter 259, Laws of 1980, as in

effect on October 17, 1986.

(2) Private property

As used in subsection (a) of this section, the term "private

property" means all property which is not owned by a department,

agency, or instrumentality of -

(A) the United States, or

(B) the State of New York (or any public agency or authority

thereof).

-SOURCE-

(Pub. L. 96-510, title III, Sec. 312, as added Pub. L. 99-499,

title II, Sec. 213(b), Oct. 17, 1986, 100 Stat. 1727.)

-REFTEXT-

REFERENCES IN TEXT

Section 9631 of this title, referred to in subsec. (f), was

repealed by Pub. L. 99-499, title V, Sec. 517(c)(1), Oct. 17, 1986,

100 Stat. 1774.

-MISC1-

LOVE CANAL PROPERTY ACQUISITION; CONGRESSIONAL FINDINGS

Section 213(a) of Pub. L. 99-499 provided that:

"(1) The area known as Love Canal located in the city of Niagara

Falls and the town of Wheatfield, New York, was the first toxic

waste site to receive national attention. As a result of that

attention Congress investigated the problems associated with toxic

waste sites and enacted CERCLA [Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601

et seq.)] to deal with these problems.

"(2) Because Love Canal came to the Nation's attention prior to

the passage of CERCLA and because the fund under CERCLA was not

available to compensate for all of the hardships endured by the

citizens in the area, Congress has determined that special

provisions are required. These provisions do not affect the

lawfulness, implementation, or selection of any other response

actions at Love Canal or at any other facilities."

COORDINATION OF TITLES I TO IV OF PUB. L. 99-499

Any provision of titles I to IV of Pub. L. 99-499, imposing any

tax, premium, or fee; establishing any trust fund; or authorizing

expenditures from any trust fund, to have no force or effect, see

section 531 of Pub. L. 99-499, set out as a note under section 1 of

Title 26, Internal Revenue Code.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9662 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 9662. Limitation on contract and borrowing authority

-STATUTE-

Any authority provided by this Act, including any amendment made

by this Act, to enter into contracts to obligate the United States

or to incur indebtedness for the repayment of which the United

States is liable shall be effective only to such extent or in such

amounts as are provided in appropriation Acts.

-SOURCE-

(Pub. L. 99-499, Sec. 3, Oct. 17, 1986, 100 Stat. 1614.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 99-499, Oct. 17, 1986,

100 Stat. 1613, as amended, known as the Superfund Amendments and

Reauthorization Act of 1986. For complete classification of this

Act to the Code, see Short Title of 1986 Amendment note set out

under section 9601 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Superfund Amendments and

Reauthorization Act of 1986, and not as part of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9619 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - POLLUTION INSURANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-

SUBCHAPTER IV - POLLUTION INSURANCE

-End-

-CITE-

42 USC Sec. 9671 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-

Sec. 9671. Definitions

-STATUTE-

As used in this subchapter -

(1) Insurance

The term "insurance" means primary insurance, excess insurance,

reinsurance, surplus lines insurance, and any other arrangement

for shifting and distributing risk which is determined to be

insurance under applicable State or Federal law.

(2) Pollution liability

The term "pollution liability" means liability for injuries

arising from the release of hazardous substances or pollutants or

contaminants.

(3) Risk retention group

The term "risk retention group" means any corporation or other

limited liability association taxable as a corporation, or as an

insurance company, formed under the laws of any State -

(A) whose primary activity consists of assuming and spreading

all, or any portion, of the pollution liability of its group

members;

(B) which is organized for the primary purpose of conducting

the activity described under subparagraph (A);

(C) which is chartered or licensed as an insurance company

and authorized to engage in the business of insurance under the

laws of any State; and

(D) which does not exclude any person from membership in the

group solely to provide for members of such a group a

competitive advantage over such a person.

(4) Purchasing group

The term "purchasing group" means any group of persons which

has as one of its purposes the purchase of pollution liability

insurance on a group basis.

(5) State

The term "State" means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, the Commonwealth of the

Northern Marianas, and any other territory or possession over

which the United States has jurisdiction.

-SOURCE-

(Pub. L. 96-510, title IV, Sec. 401, as added Pub. L. 99-499, title

II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1716;

renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,

1986, 100 Stat. 3177.)

-MISC1-

STATE POWERS AND AUTHORITIES UNDER RISK RETENTION AMENDMENTS OF

1986

Section 210(b) of Pub. L. 99-499, as added by Pub. L. 99-563,

Sec. 11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: "For

purposes of subsection (a) of this section [enacting this

subchapter], the powers and authorities of States addressed by the

Risk Retention Amendments of 1986 [Pub. L. 99-563, see Short Title

of 1986 Amendment note set out under section 3901 of Title 15,

Commerce and Trade] are in addition to those of this Act [see Short

Title of 1986 Amendment note set out under section 9601 of this

title]."

-End-

-CITE-

42 USC Sec. 9672 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-

Sec. 9672. State laws; scope of subchapter

-STATUTE-

(a) State laws

Nothing in this subchapter shall be construed to affect either

the tort law or the law governing the interpretation of insurance

contracts of any State. The definitions of pollution liability and

pollution liability insurance under any State law shall not be

applied for the purposes of this subchapter, including recognition

or qualification of risk retention groups or purchasing groups.

(b) Scope of subchapter

The authority to offer or to provide insurance under this

subchapter shall be limited to coverage of pollution liability

risks and this subchapter does not authorize a risk retention group

or purchasing group to provide coverage of any other line of

insurance.

-SOURCE-

(Pub. L. 96-510, title IV, Sec. 402, as added Pub. L. 99-499, title

II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1716;

renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,

1986, 100 Stat. 3177.)

-End-

-CITE-

42 USC Sec. 9673 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-

Sec. 9673. Risk retention groups

-STATUTE-

(a) Exemption

Except as provided in this section, a risk retention group shall

be exempt from the following:

(1) A State law, rule, or order which makes unlawful, or

regulates, directly or indirectly, the operation of a risk

retention group.

(2) A State law, rule, or order which requires or permits a

risk retention group to participate in any insurance insolvency

guaranty association to which an insurer licensed in the State is

required to belong.

(3) A State law, rule, or order which requires any insurance

policy issued to a risk retention group or any member of the

group to be countersigned by an insurance agent or broker

residing in the State.

(4) A State law, rule, or order which otherwise discriminates

against a risk retention group or any of its members.

(b) Exceptions

(1) State laws generally applicable

Nothing in subsection (a) of this section shall be construed to

affect the applicability of State laws generally applicable to

persons or corporations. The State in which a risk retention

group is chartered may regulate the formation and operation of

the group.

(2) State regulations not subject to exemption

Subsection (a) of this section shall not apply to any State law

which requires a risk retention group to do any of the following:

(A) Comply with the unfair claim settlement practices law of

the State.

(B) Pay, on a nondiscriminatory basis, applicable premium and

other taxes which are levied on admitted insurers and surplus

line insurers, brokers, or policyholders under the laws of the

State.

(C) Participate, on a nondiscriminatory basis, in any

mechanism established or authorized under the law of the State

for the equitable apportionment among insurers of pollution

liability insurance losses and expenses incurred on policies

written through such mechanism.

(D) Submit to the appropriate authority reports and other

information required of licensed insurers under the laws of a

State relating solely to pollution liability insurance losses

and expenses.

(E) Register with and designate the State insurance

commissioner as its agent solely for the purpose of receiving

service of legal documents or process.

(F) Furnish, upon request, such commissioner a copy of any

financial report submitted by the risk retention group to the

commissioner of the chartering or licensing jurisdiction.

(G) Submit to an examination by the State insurance

commissioner in any State in which the group is doing business

to determine the group's financial condition, if -

(i) the commissioner has reason to believe the risk

retention group is in a financially impaired condition; and

(ii) the commissioner of the jurisdiction in which the

group is chartered has not begun or has refused to initiate

an examination of the group.

(H) Comply with a lawful order issued in a delinquency

proceeding commenced by the State insurance commissioner if the

commissioner of the jurisdiction in which the group is

chartered has failed to initiate such a proceeding after notice

of a finding of financial impairment under subparagraph (G).

(c) Application of exemptions

The exemptions specified in subsection (a) of this section apply

to -

(1) pollution liability insurance coverage provided by a risk

retention group for -

(A) such group; or

(B) any person who is a member of such group;

(2) the sale of pollution liability insurance coverage for a

risk retention group; and

(3) the provision of insurance related services or management

services for a risk retention group or any member of such a

group.

(d) Agents or brokers

A State may require that a person acting, or offering to act, as

an agent or broker for a risk retention group obtain a license from

that State, except that a State may not impose any qualification or

requirement which discriminates against a nonresident agent or

broker.

-SOURCE-

(Pub. L. 96-510, title IV, Sec. 403, as added Pub. L. 99-499, title

II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1717;

renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,

1986, 100 Stat. 3177.)

-End-

-CITE-

42 USC Sec. 9674 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-

Sec. 9674. Purchasing groups

-STATUTE-

(a) Exemption

Except as provided in this section, a purchasing group is exempt

from the following:

(1) A State law, rule, or order which prohibits the

establishment of a purchasing group.

(2) A State law, rule, or order which makes it unlawful for an

insurer to provide or offer to provide insurance on a basis

providing, to a purchasing group or its member, advantages, based

on their loss and expense experience, not afforded to other

persons with respect to rates, policy forms, coverages, or other

matters.

(3) A State law, rule, or order which prohibits a purchasing

group or its members from purchasing insurance on the group basis

described in paragraph (2) of this subsection.

(4) A State law, rule, or order which prohibits a purchasing

group from obtaining insurance on a group basis because the group

has not been in existence for a minimum period of time or because

any member has not belonged to the group for a minimum period of

time.

(5) A State law, rule, or order which requires that a

purchasing group must have a minimum number of members, common

ownership or affiliation, or a certain legal form.

(6) A State law, rule, or order which requires that a certain

percentage of a purchasing group must obtain insurance on a group

basis.

(7) A State law, rule, or order which requires that any

insurance policy issued to a purchasing group or any members of

the group be countersigned by an insurance agent or broker

residing in that State.

(8) A State law, rule, or order which otherwise discriminate

(!1) against a purchasing group or any of its members.

(b) Application of exemptions

The exemptions specified in subsection (a) of this section apply

to the following:

(1) Pollution liability insurance, and comprehensive general

liability insurance which includes this coverage, provided to -

(A) a purchasing group; or

(B) any person who is a member of a purchasing group.

(2) The sale of any one of the following to a purchasing group

or a member of the group:

(A) Pollution liability insurance and comprehensive general

liability coverage.

(B) Insurance related services.

(C) Management services.

(c) Agents or brokers

A State may require that a person acting, or offering to act, as

an agent or broker for a purchasing group obtain a license from

that State, except that a State may not impose any qualification or

requirement which discriminates against a nonresident agent or

broker.

-SOURCE-

(Pub. L. 96-510, title IV, Sec. 404, as added Pub. L. 99-499, title

II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1718;

renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,

1986, 100 Stat. 3177.)

-FOOTNOTE-

(!1) So in original. Probably should be "discriminates".

-End-

-CITE-

42 USC Sec. 9675 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,

AND LIABILITY

SUBCHAPTER IV - POLLUTION INSURANCE

-HEAD-

Sec. 9675. Applicability of securities laws

-STATUTE-

(a) Ownership interests

The ownership interests of members of a risk retention group

shall be considered to be -

(1) exempted securities for purposes of section 77e of title 15

and for purposes of section 78l of title 15; and

(2) securities for purposes of the provisions of section 77q of

title 15 and the provisions of section 78j of title 15.

(b) Investment Company Act

A risk retention group shall not be considered to be an

investment company for purposes of the Investment Company Act of

1940 (15 U.S.C. 80a-1 et seq.).

(c) Blue sky law

The ownership interests of members in a risk retention group

shall not be considered securities for purposes of any State blue

sky law.

-SOURCE-

(Pub. L. 96-510, title IV, Sec. 405, as added Pub. L. 99-499, title

II, Sec. 210(a), formerly Sec. 210, Oct. 17, 1986, 100 Stat. 1719;

renumbered Sec. 210(a), Pub. L. 99-563, Sec. 11(c)(1), Oct. 27,

1986, 100 Stat. 3177.)

-REFTEXT-

REFERENCES IN TEXT

The Investment Company Act of 1940, referred to in subsec. (b),

is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended,

which is classified generally to subchapter I (Sec. 80a-1 et seq.)

of chapter 2D of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see section 80a-51 of Title

15 and Tables.

-End-