42 U.S.C. § 9604 — Response authorities

Page 7723 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (Pub. L. 96–510, title I, § 103, Dec. 11, 1980, 94 Stat. 2772; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–499, title I, §§ 103, 109(a)(1), (2), Oct. 17, 1986, 100 Stat. 1617, 1632, 1633; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 115–141, div. S, title XI, § 1102, Mar. 23, 2018, 132 Stat. 1147.) Editorial Notes REFERENCES IN TEXT The Clean Water Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classi- fied generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(2), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables. The Solid Waste Disposal Act, referred to in subsecs. (c) and (f)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 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. This chapter, referred to in subsec. (d)(3), was in the original ‘‘this Act’’, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Envi- ronmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (e)(1)(A), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to sub- chapter II (§ 136 et seq.) of chapter 6 of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: ‘‘This section shall not apply to the ap- plication of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act or to the handling and storage of such a pesticide product by an agricultural producer.’’ 1996—Subsec. (b)(2). Pub. L. 104–208 substituted ‘‘Mag- nuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1986—Subsec. (b). Pub. L. 99–499, §§ 103, 109(a), adjusted left hand margin of text following ‘‘federally permitted release,’’ third place appearing so that there is no in- dentation of that text, inserted ‘‘or who submits in such a notification any information which he knows to be false or misleading’’, and 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 ‘‘not more than $10,000 or imprisoned for not more than one year, or both’’ and ‘‘subsection’’ for ‘‘para- graph’’. Subsec. (d)(2). Pub. L. 99–499, § 109(a)(2), 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 con- viction), or both’’ for ‘‘not more than $20,000, or impris- oned for not more than one year, or both’’ as the prob- able intent of Congress, notwithstanding directory lan- guage that the substitution be made for ‘‘not more than $20,000, or imprisoned for not more than one year or both’’. 1980—Subsec. (b)(2). Pub. L. 96–561 substituted ‘‘Mag- nuson Fishery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. APPLICATION Pub. L. 115–141, div. S, title XI, § 1103, Mar. 23, 2018, 132 Stat. 1148, provided that: ‘‘Nothing in this title [see Short Title of 2018 Amendment note set out under sec- tion 9601 of this title] or an amendment made by this title affects, or supersedes or modifies the responsi- bility or authority of any Federal official or employee to comply with or enforce, any requirement under the Comprehensive Environmental Response, Compensa- tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), other than the hazardous substance notification re- quirements under section 103 of that Act (42 U.S.C. 9603) with respect to air emissions from animal waste at farms.’’ Executive Documents CONTIGUOUS ZONE OF UNITED STATES For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43, Public Lands. § 9604. Response authorities (a) Removal and other remedial action by Presi- dent; applicability of national contingency plan; response by potentially responsible parties; public health threats; limitations on response; exception (1) Whenever (A) any hazardous substance is released or there is a substantial threat of such a release into the environment, or (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, the President is authorized to act, consistent with the national contingency plan, to remove or ar- range for the removal of, and provide for reme- dial action relating to such hazardous sub- stance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contin- gency plan which the President deems necessary to protect the public health or welfare or the en- vironment. When the President determines that such action will be done properly and promptly by the owner or operator of the facility or vessel or by any other responsible party, the President may allow such person to carry out the action, conduct the remedial investigation, or conduct Page 7724 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 1 So in original. Probably should be followed by a comma. the feasibility study in accordance with section 9622 of this title. No remedial investigation or feasibility study (RI/FS) shall be authorized ex- cept on a determination by the President that the party is qualified to conduct the RI/FS and only if the President contracts with or arranges for a qualified person to assist the President in overseeing and reviewing the conduct of such RI/ FS and if the responsible party agrees to reim- burse the Fund for any cost incurred by the President under, or in connection with, the oversight contract or arrangement. In no event shall a potentially responsible party be subject to a lesser standard of liability, receive pref- erential treatment, or in any other way, wheth- er direct or indirect, benefit from any such ar- rangements as a response action contractor, or as a person hired or retained by such a response action contractor, with respect to the release or facility in question. The President shall give primary attention to those releases which the President deems may present a public health threat. (2) REMOVAL ACTION.—Any removal action un- dertaken by the President under this subsection (or by any other person referred to in section 9622 of this title) should, to the extent the Presi- dent deems practicable, contribute to the effi- cient performance of any long term remedial ac- tion with respect to the release or threatened release concerned. (3) LIMITATIONS ON RESPONSE.—The President shall not provide for a removal or remedial ac- tion under this section in response to a release or threat of release— (A) of a naturally occurring substance in its unaltered form, or altered solely through nat- urally occurring processes or phenomena, from a location where it is naturally found; (B) from products which are part of the structure of, and result in exposure within, residential buildings or business or commu- nity structures; or (C) into public or private drinking water supplies due to deterioration of the system through ordinary use. (4) EXCEPTION TO LIMITATIONS.—Notwith- standing paragraph (3) of this subsection, to the extent authorized by this section, the President may respond to any release or threat of release if in the President’s discretion, it constitutes a public health or environmental emergency and no other person with the authority and capa- bility to respond to the emergency will do so in a timely manner. (b) Investigations, monitoring, coordination, etc., by President (1) Information; studies and investigations Whenever the President is authorized to act pursuant to subsection (a) of this section, or whenever the President has reason to believe that a release has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or contami- nant and that a release may have occurred or be occurring, he may undertake such inves- tigations, monitoring, surveys, testing, and other information gathering as he may deem necessary or appropriate to identify the exist- ence and extent of the release or threat there- of, the source and nature of the hazardous sub- stances, pollutants or contaminants involved, and the extent of danger to the public health or welfare or to the environment. In addition, the President may undertake such planning, legal, fiscal, economic, engineering, architec- tural, and other studies or investigations as he may deem necessary or appropriate to plan and direct response actions, to recover the costs thereof, and to enforce the provisions of this chapter. (2) Coordination of investigations The President shall promptly notify the ap- propriate Federal and State natural resource trustees of potential damages to natural re- sources resulting from releases under inves- tigation pursuant to this section and shall seek to coordinate the assessments, investiga- tions, and planning under this section with such Federal and State trustees. (c) Criteria for continuance of obligations from Fund over specified amount for response ac- tions; consultation by President with af- fected States; contracts or cooperative agree- ments by States with President prior to re- medial actions; cost-sharing agreements; se- lection by President of remedial actions; State credits: granting of credit, expenses be- fore listing or agreement, response actions between 1978 and 1980, State expenses after December 11, 1980, in excess of 10 percent of costs, item-by-item approval, use of credits; operation and maintenance; limitation on source of funds for O&M; recontracting; siting (1) Unless (A) the President finds that (i) con- tinued response actions are immediately re- quired to prevent, limit, or mitigate an emer- gency, (ii) there is an immediate risk to public health or welfare or the environment, and (iii) such assistance will not otherwise be provided on a timely basis, or (B) the President has deter- mined the appropriate remedial actions pursu- ant to paragraph (2) of this subsection and the State or States in which the source of the re- lease is located have complied with the require- ments of paragraph (3) of this subsection, or (C) continued response action is otherwise appro- priate and consistent with the remedial action to be taken 1 obligations from the Fund, other than those authorized by subsection (b) of this section, shall not continue after $2,000,000 has been obligated for response actions or 12 months has elapsed from the date of initial response to a release or threatened release of hazardous sub- stances. (2) The President shall consult with the af- fected State or States before determining any appropriate remedial action to be taken pursu- ant to the authority granted under subsection (a) of this section. (3) The President shall not provide any reme- dial actions pursuant to this section unless the State in which the release occurs first enters into a contract or cooperative agreement with the President providing assurances deemed ade- quate by the President that (A) the State will Page 7725 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 assure all future maintenance of the removal and remedial actions provided for the expected life of such actions as determined by the Presi- dent; (B) the State will assure the availability of a hazardous waste disposal facility acceptable to the President and in compliance with the re- quirements of subtitle C of the Solid Waste Dis- posal Act [42 U.S.C. 6921 et seq.] for any nec- essary offsite storage, destruction, treatment, or secure disposition of the hazardous sub- stances; and (C) the State will pay or assure payment of (i) 10 per centum of the costs of the remedial action, including all future mainte- nance, or (ii) 50 percent (or such greater amount as the President may determine appropriate, taking into account the degree of responsibility of the State or political subdivision for the re- lease) of any sums expended in response to a re- lease at a facility, that was operated by the State or a political subdivision thereof, either directly or through a contractual relationship or otherwise, at the time of any disposal of haz- ardous substances therein. For the purpose of clause (ii) of this subparagraph, the term ‘‘facil- ity’’ does not include navigable waters or the beds underlying those waters. In the case of re- medial action to be taken on land or water held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian tribe (if such land or water is subject to a trust restriction on alienation), or otherwise within the borders of an Indian reservation, the re- quirements of this paragraph for assurances re- garding future maintenance and cost-sharing shall not apply, and the President shall provide the assurance required by this paragraph regard- ing the availability of a hazardous waste dis- posal facility. (4) SELECTION OF REMEDIAL ACTION.—The President shall select remedial actions to carry out this section in accordance with section 9621 of this title (relating to cleanup standards). (5) STATE CREDITS.— (A) GRANTING OF CREDIT.—The President shall grant a State a credit against the share of the costs, for which it is responsible under paragraph (3) with respect to a facility listed on the National Priorities List under the Na- tional Contingency Plan, for amounts ex- pended by a State for remedial action at such facility pursuant to a contract or cooperative agreement with the President. The credit under this paragraph shall be limited to those State expenses which the President deter- mines to be reasonable, documented, direct out-of-pocket expenditures of non-Federal funds. (B) EXPENSES BEFORE LISTING OR AGREE- MENT.—The credit under this paragraph shall include expenses for remedial action at a facil- ity incurred before the listing of the facility on the National Priorities List or before a con- tract or cooperative agreement is entered into under subsection (d) for the facility if— (i) after such expenses are incurred the fa- cility is listed on such list and a contract or cooperative agreement is entered into for the facility, and (ii) the President determines that such ex- penses would have been credited to the State under subparagraph (A) had the expenditures been made after listing of the facility on such list and after the date on which such contract or cooperative agreement is en- tered into. (C) RESPONSE ACTIONS BETWEEN 1978 AND 1980.—The credit under this paragraph shall in- clude funds expended or obligated by the State or a political subdivision thereof after Janu- ary 1, 1978, and before December 11, 1980, for cost-eligible response actions and claims for damages compensable under section 9611 of this title. (D) STATE EXPENSES AFTER DECEMBER 11, 1980, IN EXCESS OF 10 PERCENT OF COSTS.—The credit under this paragraph shall include 90 percent of State expenses incurred at a facility owned, but not operated, by such State or by a polit- ical subdivision thereof. Such credit applies only to expenses incurred pursuant to a con- tract or cooperative agreement under sub- section (d) and only to expenses incurred after December 11, 1980, but before October 17, 1986. (E) ITEM-BY-ITEM APPROVAL.—In the case of expenditures made after October 17, 1986, the President may require prior approval of each item of expenditure as a condition of granting a credit under this paragraph. (F) USE OF CREDITS.—Credits granted under this paragraph for funds expended with respect to a facility may be used by the State to re- duce all or part of the share of costs otherwise required to be paid by the State under para- graph (3) in connection with remedial actions at such facility. If the amount of funds for which credit is allowed under this paragraph exceeds such share of costs for such facility, the State may use the amount of such excess to reduce all or part of the share of such costs at other facilities in that State. A credit shall not entitle the State to any direct payment. (6) OPERATION AND MAINTENANCE.—For the pur- poses of paragraph (3) of this subsection, in the case of ground or surface water contamination, completed remedial action includes the comple- tion of treatment or other measures, whether taken onsite or offsite, necessary to restore ground and surface water quality to a level that assures protection of human health and the en- vironment. With respect to such measures, the operation of such measures for a period of up to 10 years after the construction or installation and commencement of operation shall be consid- ered remedial action. Activities required to maintain the effectiveness of such measures fol- lowing such period or the completion of reme- dial action, whichever is earlier, shall be consid- ered operation or maintenance. (7) LIMITATION ON SOURCE OF FUNDS FOR O&M.—During any period after the availability of funds received by the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26 from tax revenues or appro- priations from general revenues, the Federal share of the payment of the cost of operation or maintenance pursuant to paragraph (3)(C)(i) or paragraph (6) of this subsection (relating to op- eration and maintenance) shall be from funds re- ceived by the Hazardous Substance Superfund from amounts recovered on behalf of such fund under this chapter. Page 7726 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (8) RECONTRACTING.—The President is author- ized to undertake or continue whatever interim remedial actions the President determines to be appropriate to reduce risks to public health or the environment where the performance of a complete remedial action requires recontracting because of the discovery of sources, types, or quantities of hazardous substances not known at the time of entry into the original contract. The total cost of interim actions undertaken at a fa- cility pursuant to this paragraph shall not ex- ceed $2,000,000. (9) SITING.—Effective 3 years after October 17, 1986, the President shall not provide any reme- dial actions pursuant to this section unless the State in which the release occurs first enters into a contract or cooperative agreement with the President providing assurances deemed ade- quate by the President that the State will as- sure the availability of hazardous waste treat- ment or disposal facilities which— (A) have adequate capacity for the destruc- tion, treatment, or secure disposition of all hazardous wastes that are reasonably expected to be generated within the State during the 20- year period following the date of such contract or cooperative agreement and to be disposed of, treated, or destroyed, (B) are within the State or outside the State in accordance with an interstate agreement or regional agreement or authority, (C) are acceptable to the President, and (D) are in compliance with the requirements of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.]. (d) Contracts or cooperative agreements by President with States or political subdivi- sions or Indian tribes; State applications, terms and conditions; reimbursements; cost- sharing provisions; enforcement require- ments and procedures (1) COOPERATIVE AGREEMENTS.— (A) STATE APPLICATIONS.—A State or polit- ical subdivision thereof or Indian tribe may apply to the President to carry out actions au- thorized in this section. If the President deter- mines that the State or political subdivision or Indian tribe has the capability to carry out any or all of such actions in accordance with the criteria and priorities established pursu- ant to section 9605(a)(8) of this title and to carry out related enforcement actions, the President may enter into a contract or cooper- ative agreement with the State or political subdivision or Indian tribe to carry out such actions. The President shall make a deter- mination regarding such an application within 90 days after the President receives the appli- cation. (B) TERMS AND CONDITIONS.—A contract or cooperative agreement under this paragraph shall be subject to such terms and conditions as the President may prescribe. The contract or cooperative agreement may cover a specific facility or specific facilities. (C) REIMBURSEMENTS.—Any State which ex- pended funds during the period beginning Sep- tember 30, 1985, and ending on October 17, 1986, for response actions at any site included on the National Priorities List and subject to a cooperative agreement under this chapter shall be reimbursed for the share of costs of such actions for which the Federal Govern- ment is responsible under this chapter. (2) If the President enters into a cost-sharing agreement pursuant to subsection (c) of this sec- tion or a contract or cooperative agreement pur- suant to this subsection, and the State or polit- ical subdivision thereof fails to comply with any requirements of the contract, the President may, after providing sixty days notice, seek in the appropriate Federal district court to enforce the contract or to recover any funds advanced or any costs incurred because of the breach of the contract by the State or political subdivision. (3) Where a State or a political subdivision thereof is acting in behalf of the President, the President is authorized to provide technical and legal assistance in the administration and en- forcement of any contract or subcontract in connection with response actions assisted under this subchapter, and to intervene in any civil ac- tion involving the enforcement of such contract or subcontract. (4) Where two or more noncontiguous facilities are reasonably related on the basis of geog- raphy, or on the basis of the threat, or potential threat to the public health or welfare or the en- vironment, the President may, in his discretion, treat these related facilities as one for purposes of this section. (e) Information gathering and access (1) Action authorized Any officer, employee, or representative of the President, duly designated by the Presi- dent, is authorized to take action under para- graph (2), (3), or (4) (or any combination there- of) at a vessel, facility, establishment, place, property, or location or, in the case of para- graph (3) or (4), at any vessel, facility, estab- lishment, place, property, or location which is adjacent to the vessel, facility, establishment, place, property, or location referred to in such paragraph (3) or (4). Any duly designated offi- cer, employee, or representative of a State or political subdivision under a contract or coop- erative agreement under subsection (d)(1) is also authorized to take such action. The au- thority of paragraphs (3) and (4) may be exer- cised only if there is a reasonable basis to be- lieve there may be a release or threat of re- lease of a hazardous substance or pollutant or contaminant. The authority of this subsection may be exercised only for the purposes of de- termining the need for response, or choosing or taking any response action under this sub- chapter, or otherwise enforcing the provisions of this subchapter. (2) Access to information Any officer, employee, or representative de- scribed in paragraph (1) may require any per- son who has or may have information relevant to any of the following to furnish, upon rea- sonable notice, information or documents re- lating to such matter: (A) The identification, nature, and quan- tity of materials which have been or are gen- erated, treated, stored, or disposed of at a vessel or facility or transported to a vessel or facility. Page 7727 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (B) The nature or extent of a release or threatened release of a hazardous substance or pollutant or contaminant at or from a vessel or facility. (C) Information relating to the ability of a person to pay for or to perform a cleanup. In addition, upon reasonable notice, such per- son either (i) shall grant any such officer, em- ployee, or representative access at all reason- able times to any vessel, facility, establish- ment, place, property, or location to inspect and copy all documents or records relating to such matters or (ii) shall copy and furnish to the officer, employee, or representative all such documents or records, at the option and expense of such person. (3) Entry Any officer, employee, or representative de- scribed in paragraph (1) is authorized to enter at reasonable times any of the following: (A) Any vessel, facility, establishment, or other place or property where any hazardous substance or pollutant or contaminant may be or has been generated, stored, treated, disposed of, or transported from. (B) Any vessel, facility, establishment, or other place or property from which or to which a hazardous substance or pollutant or contaminant has been or may have been re- leased. (C) Any vessel, facility, establishment, or other place or property where such release is or may be threatened. (D) Any vessel, facility, establishment, or other place or property where entry is need- ed to determine the need for response or the appropriate response or to effectuate a re- sponse action under this subchapter. (4) Inspection and samples (A) Authority Any officer, employee or representative described in paragraph (1) is authorized to inspect and obtain samples from any vessel, facility, establishment, or other place or property referred to in paragraph (3) or from any location of any suspected hazardous sub- stance or pollutant or contaminant. Any such officer, employee, or representative is authorized to inspect and obtain samples of any containers or labeling for suspected haz- ardous substances or pollutants or contami- nants. Each such inspection shall be com- pleted with reasonable promptness. (B) Samples If the officer, employee, or representative obtains any samples, before leaving the premises he shall give to the owner, oper- ator, tenant, or other person in charge of the place from which the samples were obtained a receipt describing the sample obtained and, if requested, a portion of each such sample. A copy of the results of any analysis made of such samples shall be furnished promptly to the owner, operator, tenant, or other person in charge, if such person can be located. (5) Compliance orders (A) Issuance If consent is not granted regarding any re- quest made by an officer, employee, or rep- resentative under paragraph (2), (3), or (4), the President may issue an order directing compliance with the request. The order may be issued after such notice and opportunity for consultation as is reasonably appropriate under the circumstances. (B) Compliance The President may ask the Attorney Gen- eral to commence a civil action to compel compliance with a request or order referred to in subparagraph (A). Where there is a rea- sonable basis to believe there may be a re- lease or threat of a release of a hazardous substance or pollutant or contaminant, the court shall take the following actions: (i) In the case of interference with entry or inspection, the court shall enjoin such interference or direct compliance with or- ders to prohibit interference with entry or inspection unless under the circumstances of the case the demand for entry or inspec- tion is arbitrary and capricious, an abuse of discretion, or otherwise not in accord- ance with law. (ii) In the case of information or docu- ment requests or orders, the court shall enjoin interference with such information or document requests or orders or direct compliance with the requests or orders to provide such information or documents unless under the circumstances of the case the demand for information or documents is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law. The court may assess a civil penalty not to exceed $25,000 for each day of noncompliance against any person who unreasonably fails to comply with the provisions of paragraph (2), (3), or (4) or an order issued pursuant to subparagraph (A) of this paragraph. (6) Other authority Nothing in this subsection shall preclude the President from securing access or obtaining information in any other lawful manner. (7) Confidentiality of information (A) Any records, reports, or information ob- tained from any person under this section (in- cluding records, reports, or information ob- tained by representatives of the President) shall be available to the public, except that upon a showing satisfactory to the President (or the State, as the case may be) by any per- son that records, reports, or information, or particular part thereof (other than health or safety effects data), to which the President (or the State, as the case may be) or any officer, employee, or representative has access under this section if made public would divulge in- formation entitled to protection under section 1905 of title 18, such information or particular portion thereof shall be considered confiden- tial in accordance with the purposes of that section, except that such record, report, docu- Page 7728 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 ment or information may be disclosed to other officers, employees, or authorized representa- tives of the United States concerned with car- rying out this chapter, or when relevant in any proceeding under this chapter. (B) Any person not subject to the provisions of section 1905 of title 18 who knowingly and willfully divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both. (C) In submitting data under this chapter, a person required to provide such data may (i) designate the data which such person believes is entitled to protection under this subsection and (ii) submit such designated data sepa- rately from other data submitted under this chapter. A designation under this paragraph shall be made in writing and in such manner as the President may prescribe by regulation. (D) Notwithstanding any limitation con- tained in this section or any other provision of law, all information reported to or otherwise obtained by the President (or any representa- tive of the President) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee. (E) No person required to provide informa- tion under this chapter may claim that the in- formation is entitled to protection under this paragraph unless such person shows each of the following: (i) Such person has not disclosed the infor- mation to any other person, other than a member of a local emergency planning com- mittee established under title III of the Amendments and Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.], an officer or em- ployee of the United States or a State or local government, an employee of such per- son, or a person who is bound by a confiden- tiality agreement, and such person has taken reasonable measures to protect the confidentiality of such information and in- tends to continue to take such measures. (ii) The information is not required to be disclosed, or otherwise made available, to the public under any other Federal or State law. (iii) Disclosure of the information is likely to cause substantial harm to the competi- tive position of such person. (iv) The specific chemical identity, if sought to be protected, is not readily discov- erable through reverse engineering. (F) The following information with respect to any hazardous substance at the facility or vessel shall not be entitled to protection under this paragraph: (i) The trade name, common name, or ge- neric class or category of the hazardous sub- stance. (ii) The physical properties of the sub- stance, including its boiling point, melting point, flash point, specific gravity, vapor density, solubility in water, and vapor pres- sure at 20 degrees celsius. (iii) The hazards to health and the environ- ment posed by the substance, including physical hazards (such as explosion) and po- tential acute and chronic health hazards. (iv) The potential routes of human expo- sure to the substance at the facility, estab- lishment, place, or property being inves- tigated, entered, or inspected under this sub- section. (v) The location of disposal of any waste stream. (vi) Any monitoring data or analysis of monitoring data pertaining to disposal ac- tivities. (vii) Any hydrogeologic or geologic data. (viii) Any groundwater monitoring data. (f) Contracts for response actions; compliance with Federal health and safety standards In awarding contracts to any person engaged in response actions, the President or the State, in any case where it is awarding contracts pur- suant to a contract entered into under sub- section (d) of this section, shall require compli- ance with Federal health and safety standards established under section 9651(f) of this title by contractors and subcontractors as a condition of such contracts. (g) Rates for wages and labor standards applica- ble to covered work (1) All laborers and mechanics employed by contractors or subcontractors in the perform- ance of construction, repair, or alteration work funded in whole or in part under this section or section 9628(a)(1)(B)(ii)(III) of this title shall be paid wages at rates not less than those pre- vailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The President shall not approve any such funding without first obtain- ing adequate assurance that required labor standards will be maintained upon the construc- tion work. (2) The Secretary of Labor shall have, with re- spect to the labor standards specified in para- graph (1), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145 of title 40. (h) Emergency procurement powers; exercise by President Notwithstanding any other provision of law, subject to the provisions of section 9611 of this title, the President may authorize the use of such emergency procurement powers as he deems necessary to effect the purpose of this chapter. Upon determination that such proce- dures are necessary, the President shall promul- gate regulations prescribing the circumstances under which such authority shall be used and the procedures governing the use of such author- ity. (i) Agency for Toxic Substances and Disease Reg- istry; establishment, functions, etc. (1) There is hereby established within the Pub- lic Health Service an agency, to be known as the Agency for Toxic Substances and Disease Reg- istry, which shall report directly to the Surgeon General of the United States. The Administrator of said Agency shall, with the cooperation of the Page 7729 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 Administrator of the Environmental Protection Agency, the Commissioner of the Food and Drug Administration, the Directors of the National Institute of Medicine, National Institute of En- vironmental Health Sciences, National Institute of Occupational Safety and Health, Centers for Disease Control and Prevention, the Adminis- trator of the Occupational Safety and Health Administration, the Administrator of the Social Security Administration, the Secretary of Transportation, and appropriate State and local health officials, effectuate and implement the health related authorities of this chapter. In ad- dition, said Administrator shall— (A) in cooperation with the States, establish and maintain a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances; (B) establish and maintain inventory of lit- erature, research, and studies on the health ef- fects of toxic substances; (C) in cooperation with the States, and other agencies of the Federal Government, establish and maintain a complete listing of areas closed to the public or otherwise restricted in use because of toxic substance contamination; (D) in cases of public health emergencies caused or believed to be caused by exposure to toxic substances, provide medical care and testing to exposed individuals, including but not limited to tissue sampling, chromosomal testing where appropriate, epidemiological studies, or any other assistance appropriate under the circumstances; and (E) either independently or as part of other health status survey, conduct periodic survey and screening programs to determine relation- ships between exposure to toxic substances and illness. In cases of public health emer- gencies, exposed persons shall be eligible for admission to hospitals and other facilities and services operated or provided by the Public Health Service. (2)(A) Within 6 months after October 17, 1986, the Administrator of the Agency for Toxic Sub- stances and Disease Registry (ATSDR) and the Administrator of the Environmental Protection Agency (‘‘EPA’’) shall prepare a list, in order of priority, of at least 100 hazardous substances which are most commonly found at facilities on the National Priorities List and which, in their sole discretion, they determine are posing the most significant potential threat to human health due to their known or suspected toxicity to humans and the potential for human exposure to such substances at facilities on the National Priorities List or at facilities to which a re- sponse to a release or a threatened release under this section is under consideration. (B) Within 24 months after October 17, 1986, the Administrator of ATSDR and the Adminis- trator of EPA shall revise the list prepared under subparagraph (A). Such revision shall in- clude, in order of priority, the addition of 100 or more such hazardous substances. In each of the 3 consecutive 12-month periods that follow, the Administrator of ATSDR and the Administrator of EPA shall revise, in the same manner as pro- vided in the 2 preceding sentences, such list to include not fewer than 25 additional hazardous substances per revision. The Administrator of ATSDR and the Administrator of EPA shall not less often than once every year thereafter revise such list to include additional hazardous sub- stances in accordance with the criteria in sub- paragraph (A). (3) Based on all available information, includ- ing information maintained under paragraph (1)(B) and data developed and collected on the health effects of hazardous substances under this paragraph, the Administrator of ATSDR shall prepare toxicological profiles of each of the substances listed pursuant to paragraph (2). The toxicological profiles shall be prepared in accordance with guidelines developed by the Ad- ministrator of ATSDR and the Administrator of EPA. Such profiles shall include, but not be lim- ited to each of the following: (A) An examination, summary, and interpre- tation of available toxicological information and epidemiologic evaluations on a hazardous substance in order to ascertain the levels of significant human exposure for the substance and the associated acute, subacute, and chron- ic health effects. (B) A determination of whether adequate in- formation on the health effects of each sub- stance is available or in the process of devel- opment to determine levels of exposure which present a significant risk to human health of acute, subacute, and chronic health effects. (C) Where appropriate, an identification of toxicological testing needed to identify the types or levels of exposure that may present significant risk of adverse health effects in hu- mans. Any toxicological profile or revision thereof shall reflect the Administrator of ATSDR’s as- sessment of all relevant toxicological testing which has been peer reviewed. The profiles re- quired to be prepared under this paragraph for those hazardous substances listed under sub- paragraph (A) of paragraph (2) shall be com- pleted, at a rate of no fewer than 25 per year, within 4 years after October 17, 1986. A profile required on a substance listed pursuant to sub- paragraph (B) of paragraph (2) shall be com- pleted within 3 years after addition to the list. The profiles prepared under this paragraph shall be of those substances highest on the list of pri- orities under paragraph (2) for which profiles have not previously been prepared. Profiles re- quired under this paragraph shall be revised and republished as necessary, but no less often than once every 3 years. Such profiles shall be pro- vided to the States and made available to other interested parties. (4) The Administrator of the ATSDR shall pro- vide consultations upon request on health issues relating to exposure to hazardous or toxic sub- stances, on the basis of available information, to the Administrator of EPA, State officials, and local officials. Such consultations to individuals may be provided by States under cooperative agreements established under this chapter. (5)(A) For each hazardous substance listed pur- suant to paragraph (2), the Administrator of ATSDR (in consultation with the Administrator of EPA and other agencies and programs of the Public Health Service) shall assess whether ade- quate information on the health effects of such substance is available. For any such substance Page 7730 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 for which adequate information is not available (or under development), the Administrator of ATSDR, in cooperation with the Director of the National Toxicology Program, shall assure the initiation of a program of research designed to determine the health effects (and techniques for development of methods to determine such health effects) of such substance. Where feasible, such program shall seek to develop methods to determine the health effects of such substance in combination with other substances with which it is commonly found. Before assuring the initiation of such program, the Administrator of ATSDR shall consider recommendations of the Interagency Testing Committee established under section 4(e) of the Toxic Substances Con- trol Act [15 U.S.C. 2603(e)] on the types of re- search that should be done. Such program shall include, to the extent necessary to supplement existing information, but shall not be limited to— (i) laboratory and other studies to determine short, intermediate, and long-term health ef- fects; (ii) laboratory and other studies to deter- mine organ-specific, site-specific, and system- specific acute and chronic toxicity; (iii) laboratory and other studies to deter- mine the manner in which such substances are metabolized or to otherwise develop an under- standing of the biokinetics of such substances; and (iv) where there is a possibility of obtaining human data, the collection of such informa- tion. (B) In assessing the need to perform labora- tory and other studies, as required by subpara- graph (A), the Administrator of ATSDR shall consider— (i) the availability and quality of existing test data concerning the substance on the sus- pected health effect in question; (ii) the extent to which testing already in progress will, in a timely fashion, provide data that will be adequate to support the prepara- tion of toxicological profiles as required by paragraph (3); and (iii) such other scientific and technical fac- tors as the Administrator of ATSDR may de- termine are necessary for the effective imple- mentation of this subsection. (C) In the development and implementation of any research program under this paragraph, the Administrator of ATSDR and the Administrator of EPA shall coordinate such research program implemented under this paragraph with the Na- tional Toxicology Program and with programs of toxicological testing established under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.] and the Federal Insecticide, Fungicide and Rodenticide Act [7 U.S.C. 136 et seq.]. The pur- pose of such coordination shall be to avoid du- plication of effort and to assure that the haz- ardous substances listed pursuant to this sub- section are tested thoroughly at the earliest practicable date. Where appropriate, consistent with such purpose, a research program under this paragraph may be carried out using such programs of toxicological testing. (D) It is the sense of the Congress that the costs of research programs under this paragraph be borne by the manufacturers and processors of the hazardous substance in question, as required in programs of toxicological testing under the Toxic Substances Control Act [15 U.S.C. 2601 et seq.]. Within 1 year after October 17, 1986, the Administrator of EPA shall promulgate regula- tions which provide, where appropriate, for pay- ment of such costs by manufacturers and proc- essors under the Toxic Substances Control Act, and registrants under the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.], and recovery of such costs from respon- sible parties under this chapter. (6)(A) The Administrator of ATSDR shall per- form a health assessment for each facility on the National Priorities List established under section 9605 of this title. Such health assessment shall be completed not later than December 10, 1988, for each facility proposed for inclusion on such list prior to October 17, 1986, or not later than one year after the date of proposal for in- clusion on such list for each facility proposed for inclusion on such list after October 17, 1986. (B) The Administrator of ATSDR may perform health assessments for releases or facilities where individual persons or licensed physicians provide information that individuals have been exposed to a hazardous substance, for which the probable source of such exposure is a release. In addition to other methods (formal or informal) of providing such information, such individual persons or licensed physicians may submit a pe- tition to the Administrator of ATSDR providing such information and requesting a health assess- ment. If such a petition is submitted and the Ad- ministrator of ATSDR does not initiate a health assessment, the Administrator of ATSDR shall provide a written explanation of why a health assessment is not appropriate. (C) In determining the priority in which to conduct health assessments under this sub- section, the Administrator of ATSDR, in con- sultation with the Administrator of EPA, shall give priority to those facilities at which there is documented evidence of the release of hazardous substances, at which the potential risk to human health appears highest, and for which in the judgment of the Administrator of ATSDR existing health assessment data are inadequate to assess the potential risk to human health as provided in subparagraph (F). In determining the priorities for conducting health assessments under this subsection, the Administrator of ATSDR shall consider the National Priorities List schedules and the needs of the Environ- mental Protection Agency and other Federal agencies pursuant to schedules for remedial in- vestigation and feasibility studies. (D) Where a health assessment is done at a site on the National Priorities List, the Admin- istrator of ATSDR shall complete such assess- ment promptly and, to the maximum extent practicable, before the completion of the reme- dial investigation and feasibility study at the facility concerned. (E) Any State or political subdivision carrying out a health assessment for a facility shall re- port the results of the assessment to the Admin- istrator of ATSDR and the Administrator of EPA and shall include recommendations with respect to further activities which need to be Page 7731 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 carried out under this section. The Adminis- trator of ATSDR shall state such recommenda- tion in any report on the results of any assess- ment carried out directly by the Administrator of ATSDR for such facility and shall issue peri- odic reports which include the results of all the assessments carried out under this subsection. (F) For the purposes of this subsection and section 9611(c)(4) of this title, the term ‘‘health assessments’’ shall include preliminary assess- ments of the potential risk to human health posed by individual sites and facilities, based on such factors as the nature and extent of con- tamination, the existence of potential pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the like- ly pathways of exposure, the comparison of ex- pected human exposure levels to the short-term and long-term health effects associated with identified hazardous substances and any avail- able recommended exposure or tolerance limits for such hazardous substances, and the compari- son of existing morbidity and mortality data on diseases that may be associated with the ob- served levels of exposure. The Administrator of ATSDR shall use appropriate data, risk assess- ments, risk evaluations and studies available from the Administrator of EPA. (G) The purpose of health assessments under this subsection shall be to assist in determining whether actions under paragraph (11) of this sub- section should be taken to reduce human expo- sure to hazardous substances from a facility and whether additional information on human expo- sure and associated health risks is needed and should be acquired by conducting epidemiolog- ical studies under paragraph (7), establishing a registry under paragraph (8), establishing a health surveillance program under paragraph (9), or through other means. In using the results of health assessments for determining addi- tional actions to be taken under this section, the Administrator of ATSDR may consider addi- tional information on the risks to the poten- tially affected population from all sources of such hazardous substances including known point or nonpoint sources other than those from the facility in question. (H) At the completion of each health assess- ment, the Administrator of ATSDR shall pro- vide the Administrator of EPA and each affected State with the results of such assessment, to- gether with any recommendations for further actions under this subsection or otherwise under this chapter. In addition, if the health assess- ment indicates that the release or threatened release concerned may pose a serious threat to human health or the environment, the Adminis- trator of ATSDR shall so notify the Adminis- trator of EPA who shall promptly evaluate such release or threatened release in accordance with the hazard ranking system referred to in section 9605(a)(8)(A) of this title to determine whether the site shall be placed on the National Prior- ities List or, if the site is already on the list, the Administrator of ATSDR may recommend to the Administrator of EPA that the site be ac- corded a higher priority. (7)(A) Whenever in the judgment of the Admin- istrator of ATSDR it is appropriate on the basis of the results of a health assessment, the Ad- ministrator of ATSDR shall conduct a pilot study of health effects for selected groups of ex- posed individuals in order to determine the de- sirability of conducting full scale epidemiolog- ical or other health studies of the entire exposed population. (B) Whenever in the judgment of the Adminis- trator of ATSDR it is appropriate on the basis of the results of such pilot study or other study or health assessment, the Administrator of ATSDR shall conduct such full scale epidemiological or other health studies as may be necessary to de- termine the health effects on the population ex- posed to hazardous substances from a release or threatened release. If a significant excess of dis- ease in a population is identified, the letter of transmittal of such study shall include an as- sessment of other risk factors, other than a re- lease, that may, in the judgment of the peer re- view group, be associated with such disease, if such risk factors were not taken into account in the design or conduct of the study. (8) In any case in which the results of a health assessment indicate a potential significant risk to human health, the Administrator of ATSDR shall consider whether the establishment of a registry of exposed persons would contribute to accomplishing the purposes of this subsection, taking into account circumstances bearing on the usefulness of such a registry, including the seriousness or unique character of identified dis- eases or the likelihood of population migration from the affected area. (9) Where the Administrator of ATSDR has de- termined that there is a significant increased risk of adverse health effects in humans from exposure to hazardous substances based on the results of a health assessment conducted under paragraph (6), an epidemiologic study conducted under paragraph (7), or an exposure registry that has been established under paragraph (8), and the Administrator of ATSDR has determined that such exposure is the result of a release from a facility, the Administrator of ATSDR shall initiate a health surveillance program for such population. This program shall include but not be limited to— (A) periodic medical testing where appro- priate of population subgroups to screen for diseases for which the population or subgroup is at significant increased risk; and (B) a mechanism to refer for treatment those individuals within such population who are screened positive for such diseases. (10) Two years after October 17, 1986, and every 2 years thereafter, the Administrator of ATSDR shall prepare and submit to the Administrator of EPA and to the Congress a report on the re- sults of the activities of ATSDR regarding— (A) health assessments and pilot health ef- fects studies conducted; (B) epidemiologic studies conducted; (C) hazardous substances which have been listed under paragraph (2), toxicological pro- files which have been developed, and toxicologic testing which has been conducted or which is being conducted under this sub- section; (D) registries established under paragraph (8); and Page 7732 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (E) an overall assessment, based on the re- sults of activities conducted by the Adminis- trator of ATSDR, of the linkage between human exposure to individual or combinations of hazardous substances due to releases from facilities covered by this chapter or the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] and any increased incidence or prevalence of ad- verse health effects in humans. (11) If a health assessment or other study car- ried out under this subsection contains a finding that the exposure concerned presents a signifi- cant risk to human health, the President shall take such steps as may be necessary to reduce such exposure and eliminate or substantially mitigate the significant risk to human health. Such steps may include the use of any authority under this chapter, including, but not limited to— (A) provision of alternative water supplies, and (B) permanent or temporary relocation of in- dividuals. In any case in which information is insufficient, in the judgment of the Administrator of ATSDR or the President to determine a significant human exposure level with respect to a haz- ardous substance, the President may take such steps as may be necessary to reduce the expo- sure of any person to such hazardous substance to such level as the President deems necessary to protect human health. (12) In any case which is the subject of a peti- tion, a health assessment or study, or a research program under this subsection, nothing in this subsection shall be construed to delay or other- wise affect or impair the authority of the Presi- dent, the Administrator of ATSDR, or the Ad- ministrator of EPA to exercise any authority vested in the President, the Administrator of ATSDR or the Administrator of EPA under any other provision of law (including, but not lim- ited to, the imminent hazard authority of sec- tion 7003 of the Solid Waste Disposal Act [42 U.S.C. 6973]) or the response and abatement au- thorities of this chapter. (13) All studies and results of research con- ducted under this subsection (other than health assessments) shall be reported or adopted only after appropriate peer review. Such peer review shall be completed, to the maximum extent practicable, within a period of 60 days. In the case of research conducted under the National Toxicology Program, such peer review may be conducted by the Board of Scientific Counselors. In the case of other research, such peer review shall be conducted by panels consisting of no less than three nor more than seven members, who shall be disinterested scientific experts se- lected for such purpose by the Administrator of ATSDR or the Administrator of EPA, as appro- priate, on the basis of their reputation for sci- entific objectivity and the lack of institutional ties with any person involved in the conduct of the study or research under review. Support services for such panels shall be provided by the Agency for Toxic Substances and Disease Reg- istry, or by the Environmental Protection Agen- cy, as appropriate. (14) In the implementation of this subsection and other health-related authorities of this chapter, the Administrator of ATSDR shall as- semble, develop as necessary, and distribute to the States, and upon request to medical col- leges, physicians, and other health profes- sionals, appropriate educational materials (in- cluding short courses) on the medical surveil- lance, screening, and methods of diagnosis and treatment of injury or disease related to expo- sure to hazardous substances (giving priority to those listed in paragraph (2)), through such means as the Administrator of ATSDR deems appropriate. (15) The activities of the Administrator of ATSDR described in this subsection and section 9611(c)(4) of this title shall be carried out by the Administrator of ATSDR, either directly or through cooperative agreements with States (or political subdivisions thereof) which the Admin- istrator of ATSDR determines are capable of carrying out such activities. Such activities shall include provision of consultations on health information, the conduct of health as- sessments, including those required under sec- tion 3019(b) of the Solid Waste Disposal Act [42 U.S.C. 6939a(b)], health studies, registries, and health surveillance. (16) The President shall provide adequate per- sonnel for ATSDR, which shall not be fewer than 100 employees. For purposes of determining the number of employees under this subsection, an employee employed by ATSDR on a part-time career employment basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours of such employee’s regularly scheduled workweek. (17) In accordance with section 9620 of this title (relating to Federal facilities), the Admin- istrator of ATSDR shall have the same authori- ties under this section with respect to facilities owned or operated by a department, agency, or instrumentality of the United States as the Ad- ministrator of ATSDR has with respect to any nongovernmental entity. (18) If the Administrator of ATSDR deter- mines that it is appropriate for purposes of this section to treat a pollutant or contaminant as a hazardous substance, such pollutant or contami- nant shall be treated as a hazardous substance for such purpose. (j) Acquisition of property (1) Authority The President is authorized to acquire, by purchase, lease, condemnation, donation, or otherwise, any real property or any interest in real property that the President in his discre- tion determines is needed to conduct a reme- dial action under this chapter. There shall be no cause of action to compel the President to acquire any interest in real property under this chapter. (2) State assurance The President may use the authority of paragraph (1) for a remedial action only if, be- fore an interest in real estate is acquired under this subsection, the State in which the interest to be acquired is located assures the President, through a contract or cooperative agreement or otherwise, that the State will accept transfer of the interest following com- pletion of the remedial action. Page 7733 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (3) Exemption No Federal, State, or local government agency shall be liable under this chapter sole- ly as a result of acquiring an interest in real estate under this subsection. (k) Brownfields revitalization funding (1) Definition of eligible entity In this subsection, the term ‘‘eligible enti- ty’’ means— (A) a general purpose unit of local govern- ment; (B) a land clearance authority or other quasi-governmental entity that operates under the supervision and control of or as an agent of a general purpose unit of local gov- ernment; (C) a government entity created by a State legislature; (D) a regional council or group of general purpose units of local government; (E) a redevelopment agency that is char- tered or otherwise sanctioned by a State; (F) a State; (G) an Indian Tribe other than in Alaska; (H) an Alaska Native Regional Corporation and an Alaska Native Village Corporation as those terms are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 and following) and the Metlakatla Indian com- munity; (I) an organization described in section 501(c)(3) of title 26 and exempt from taxation under section 501(a) of that title; (J) a limited liability corporation in which all managing members are organizations de- scribed in subparagraph (I) or limited liabil- ity corporations whose sole members are or- ganizations described in subparagraph (I); (K) a limited partnership in which all gen- eral partners are organizations described in subparagraph (I) or limited liability corpora- tions whose sole members are organizations described in subparagraph (I); or (L) a qualified community development entity (as defined in section 45D(c)(1) of title 26). (2) Brownfield site characterization and assess- ment grant program (A) Establishment of program The Administrator shall establish a pro- gram to— (i) provide grants to inventory, charac- terize, assess, and conduct planning re- lated to brownfield sites under subpara- graph (B); and (ii) perform targeted site assessments at brownfield sites. (B) Assistance for site characterization and assessment (i) In general On approval of an application made by an eligible entity, the Administrator may make a grant to the eligible entity to be used for programs to inventory, charac- terize, assess, and conduct planning re- lated to one or more brownfield sites. (ii) Site characterization and assessment A site characterization and assessment carried out with the use of a grant under clause (i) shall be performed in accordance with section 9601(35)(B) of this title. (C) Exemption for certain publicly owned brownfield sites Notwithstanding paragraph (5)(B)(iii), an eligible entity described in any of subpara- graphs (A) through (H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if the eligible entity does not qualify as a bona fide pro- spective purchaser, so long as the eligible entity has not caused or contributed to a re- lease or threatened release of a hazardous substance at the property. (3) Grants and loans for brownfield remedi- ation (A) Grants provided by the President Subject to paragraphs (5) and (6), the President shall establish a program to pro- vide grants to— (i) eligible entities, to be used for cap- italization of revolving loan funds; and (ii) eligible entities or nonprofit organi- zations, where warranted, as determined by the President based on considerations under subparagraph (C), to be used directly for remediation of one or more brownfield sites owned by the entity or organization that receives the grant and in amounts not to exceed $500,000 for each site to be reme- diated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the antici- pated level of contamination, size, or own- ership status of the site. (B) Loans and grants provided by eligible en- tities An eligible entity that receives a grant under subparagraph (A)(i) shall use the grant funds to provide assistance for the remedi- ation of brownfield sites in the form of— (i) one or more loans to an eligible enti- ty, a site owner, a site developer, or an- other person; or (ii) one or more grants to an eligible en- tity or other nonprofit organization, where warranted, as determined by the eligible entity that is providing the assistance, based on considerations under subpara- graph (C), to remediate sites owned by the eligible entity or nonprofit organization that receives the grant. (C) Considerations In determining whether a grant under sub- paragraph (A)(ii) or (B)(ii) is warranted, the President or the eligible entity, as the case may be, shall take into consideration— (i) the extent to which a grant will fa- cilitate the creation of, preservation of, or addition to a park, a greenway, undevel- oped property, recreational property, or other property used for nonprofit purposes; (ii) the extent to which a grant will meet the needs of a community that has an in- ability to draw on other sources of funding for environmental remediation and subse- quent redevelopment of the area in which Page 7734 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 a brownfield site is located because of the small population or low income of the community; (iii) the extent to which a grant will fa- cilitate the use or reuse of existing infra- structure; (iv) the benefit of promoting the long- term availability of funds from a revolving loan fund for brownfield remediation; and (v) such other similar factors as the Ad- ministrator considers appropriate to con- sider for the purposes of this subsection. (D) Transition Revolving loan funds that have been estab- lished before January 11, 2002, may be used in accordance with this paragraph. (E) Exemption for certain publicly owned brownfield sites Notwithstanding paragraph (5)(B)(iii), an eligible entity described in any of subpara- graphs (A) through (H) of paragraph (1) may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if the eligible entity does not qualify as a bona fide pro- spective purchaser, so long as the eligible entity has not caused or contributed to a re- lease or threatened release of a hazardous substance at the property. (4) Multipurpose brownfields grants (A) In general Subject to subparagraph (D) and para- graphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the cri- teria under subparagraph (C) and the consid- erations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity. (B) Grant amounts (i) Individual grant amounts Each grant awarded under this para- graph shall not exceed $1,000,000. (ii) Cumulative grant amounts The total amount of grants awarded for each fiscal year under this paragraph may not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. (C) Criteria In awarding a grant under this paragraph, the Administrator shall consider the extent to which the eligible entity is able— (i) to provide an overall plan for revital- ization of the 1 or more brownfield sites in the proposed area in which the multipur- pose grant will be used; (ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and (iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. (D) Condition As a condition of receiving a grant under this paragraph, each eligible entity shall ex- pend the full amount of the grant by not later than the date that is 5 years after the date on which the grant is awarded to the el- igible entity, unless the Administrator pro- vides an extension. (E) Ownership An eligible entity that receives a grant under this paragraph may not expend any of the grant funds for the remediation of a brownfield site unless the eligible entity owns the brownfield site. (5) General provisions (A) Maximum grant amount (i) Brownfield site characterization and as- sessment (I) In general A grant under paragraph (2) may be awarded to an eligible entity on a com- munity-wide or site-by-site basis, and shall not exceed, for any individual brownfield site covered by the grant, $200,000. (II) Waiver The Administrator may waive the $200,000 limitation under subclause (I) to permit the brownfield site to receive a grant of not to exceed $350,000, based on the anticipated level of contamination, size, or status of ownership of the site. (ii) Brownfield remediation A grant under paragraph (3)(A)(i) may be awarded to an eligible entity on a commu- nity-wide or site-by-site basis, not to ex- ceed $1,000,000 per eligible entity. The Ad- ministrator may make an additional grant to an eligible entity described in the pre- vious sentence for any year after the year for which the initial grant is made, taking into consideration— (I) the number of sites and number of communities that are addressed by the revolving loan fund; (II) the demand for funding by eligible entities that have not previously re- ceived a grant under this subsection; (III) the demonstrated ability of the el- igible entity to use the revolving loan fund to enhance remediation and provide funds on a continuing basis; and (IV) such other similar factors as the Administrator considers appropriate to carry out this subsection. (B) Prohibition No part of a grant or loan under this sub- section may be used for the payment of— (i) a penalty or fine; (ii) a Federal cost-share requirement; (iii) a response cost at a brownfield site for which the recipient of the grant or loan is potentially liable under section 9607 of this title; or (iv) a cost of compliance with any Fed- eral law (including a Federal law specified in section 9601(39)(B) of this title), exclud- ing the cost of compliance with laws appli- cable to the cleanup. Page 7735 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (C) Assistance for development of local gov- ernment site remediation programs A local government that receives a grant under this subsection may use not to exceed 10 percent of the grant funds to develop and implement a brownfields program that may include— (i) monitoring the health of populations exposed to one or more hazardous sub- stances from a brownfield site; and (ii) monitoring and enforcement of any institutional control used to prevent human exposure to any hazardous sub- stance from a brownfield site. (D) Insurance A recipient of a grant or loan awarded under paragraph (2), (3), or (4) that performs a characterization, assessment, or remedi- ation of a brownfield site may use a portion of the grant or loan to purchase insurance for the characterization, assessment, or re- mediation of that site. (E) Administrative costs (i) In general An eligible entity may use up to 5 per- cent of the amounts made available under a grant or loan under this subsection for administrative costs. (ii) Restriction For purposes of clause (i), the term ‘‘ad- ministrative costs’’ does not include— (I) investigation and identification of the extent of contamination of a brownfield site; (II) design and performance of a re- sponse action; or (III) monitoring of a natural resource. (6) Grant applications (A) Submission (i) In general (I) Application An eligible entity may submit to the Administrator, through a regional office of the Environmental Protection Agency and in such form as the Administrator may require, an application for a grant under this subsection for one or more brownfield sites (including information on the criteria used by the Adminis- trator to rank applications under sub- paragraph (C), to the extent that the in- formation is available). (II) NCP requirements The Administrator may include in any requirement for submission of an appli- cation under subclause (I) a requirement of the National Contingency Plan only to the extent that the requirement is rel- evant and appropriate to the program under this subsection. (ii) Coordination The Administrator shall coordinate with other Federal agencies to assist in making eligible entities aware of other available Federal resources. (iii) Guidance The Administrator shall publish guid- ance to assist eligible entities in applying for grants under this subsection. (B) Approval The Administrator shall— (i) at least annually, complete a review of applications for grants that are received from eligible entities under this sub- section; and (ii) award grants under this subsection to eligible entities that the Administrator determines have the highest rankings under the ranking criteria established under subparagraph (C). (C) Ranking criteria The Administrator shall establish a sys- tem for ranking grant applications received under this paragraph that includes the fol- lowing criteria: (i) The extent to which a grant will stim- ulate the availability of other funds for en- vironmental assessment or remediation, and subsequent reuse, of an area in which one or more brownfield sites are located. (ii) The potential of the proposed project or the development plan for an area in which one or more brownfield sites are lo- cated to stimulate economic development of the area on completion of the cleanup. (iii) The extent to which a grant would address or facilitate the identification and reduction of threats to human health and the environment, including threats in areas in which there is a greater-than-nor- mal incidence of diseases or conditions (in- cluding cancer, asthma, or birth defects) that may be associated with exposure to hazardous substances, pollutants, or con- taminants. (iv) The extent to which a grant would facilitate the use or reuse of existing infra- structure. (v) The extent to which a grant would fa- cilitate the creation of, preservation of, or addition to a park, a greenway, undevel- oped property, recreational property, or other property used for nonprofit purposes. (vi) The extent to which a grant would meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located be- cause of the small population or low in- come of the community. (vii) The extent to which the applicant is eligible for funding from other sources. (viii) The extent to which a grant will further the fair distribution of funding be- tween urban and nonurban areas. (ix) The extent to which the grant pro- vides for involvement of the local commu- nity in the process of making decisions re- lating to cleanup and future use of a brownfield site. (x) The extent to which a grant would address or facilitate the identification and reduction of threats to the health or wel- Page 7736 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 fare of children, pregnant women, minor- ity or low-income communities, or other sensitive populations. (xi) The extent to which a grant would address a site adjacent to a body of water or a federally designated flood plain. (xii) The extent to which a grant would facilitate— (I) the location at a brownfield site of a facility that generates renewable elec- tricity from wind, solar, or geothermal energy; or (II) any energy efficiency improvement project at a brownfield site, including a project for a combined heat and power system or a district energy system. (D) Report on ranking criteria Not later than September 30, 2022, the Ad- ministrator shall submit to Congress a re- port regarding the Administrator’s use of the ranking criteria described in subpara- graph (C) in awarding grants under this sub- section. (7) Implementation of brownfields programs (A) Establishment of program The Administrator may provide, or fund eligible entities or nonprofit organizations to provide, training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remedi- ation of brownfield sites, community in- volvement, or site preparation. (B) Funding restrictions The total Federal funds to be expended by the Administrator under this paragraph shall not exceed 15 percent of the total amount appropriated to carry out this sub- section in any fiscal year. (8) Audits (A) In general The Inspector General of the Environ- mental Protection Agency shall conduct such reviews or audits of grants and loans under this subsection as the Inspector Gen- eral considers necessary to carry out this subsection. (B) Procedure An audit under this subparagraph shall be conducted in accordance with the auditing procedures of the Government Account- ability Office, including chapter 75 of title 31. (C) Violations If the Administrator determines that a person that receives a grant or loan under this subsection has violated or is in viola- tion of a condition of the grant, loan, or ap- plicable Federal law, the Administrator may— (i) terminate the grant or loan; (ii) require the person to repay any funds received; and (iii) seek any other legal remedies avail- able to the Administrator. (D) Report to Congress Not later than September 30, 2022, the In- spector General of the Environmental Pro- tection Agency shall submit to Congress a report that provides a description of the management of the program (including a de- scription of the allocation of funds under this subsection). (9) Leveraging An eligible entity that receives a grant under this subsection may use the grant funds for a portion of a project at a brownfield site for which funding is received from other sources if the grant funds are used only for the purposes described in paragraph (2), (3), or (4). (10) Agreements Each grant or loan made under this sub- section shall— (A) include a requirement of the National Contingency Plan only to the extent that the requirement is relevant and appropriate to the program under this subsection, as de- termined by the Administrator; and (B) be subject to an agreement that— (i) requires the recipient to— (I) comply with all applicable Federal and State laws; and (II) ensure that the cleanup protects human health and the environment; (ii) requires that the recipient use the grant or loan exclusively for purposes specified in paragraph (2), (3), or (4), as ap- plicable; (iii) in the case of an application by an eligible entity under paragraph (3)(A), re- quires the eligible entity to pay a match- ing share (which may be in the form of a contribution of labor, material, or serv- ices) of at least 20 percent, from non-Fed- eral sources of funding, unless the Admin- istrator determines that the matching share would place an undue hardship on the eligible entity; and (iv) contains such other terms and condi- tions as the Administrator determines to be necessary to carry out this subsection. (11) Facility other than brownfield site The fact that a facility may not be a brownfield site within the meaning of section 9601(39)(A) of this title has no effect on the eli- gibility of the facility for assistance under any other provision of Federal law. (12) Effect on Federal laws Nothing in this subsection affects any liabil- ity or response authority under any Federal law, including— (A) this chapter (including the last sen- tence of section 9601(14) of this title); (B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (D) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and (E) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). (13) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2019 through 2023. Page 7737 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (Pub. L. 96–510, title I, § 104, Dec. 11, 1980, 94 Stat. 2774; Pub. L. 99–499, title I, §§ 104, 110, title II, § 207(b), Oct. 17, 1986, 100 Stat. 1617, 1636, 1705; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–531, title III, § 312(h), Oct. 27, 1992, 106 Stat. 3506; Pub. L. 107–118, title II, § 211(b), Jan. 11, 2002, 115 Stat. 2362; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–59, title I, § 1956, Aug. 10, 2005, 119 Stat. 1515; Pub. L. 115–141, div. N, §§ 6–13, 14(b), Mar. 23, 2018, 132 Stat. 1054–1058.) Editorial Notes 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, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. The Solid Waste Disposal Act, referred to in subsecs. (c)(3), (9)(D), (i)(10)(E), and (k)(12)(B), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended gen- erally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. Subtitle C of the Act is classified gen- erally to subchapter III (§ 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. Title III of the Amendments and Reauthorization Act of 1986, referred to in subsec. (e)(7)(E)(i), probably means title III of the Superfund Amendments and Re- authorization Act of 1986, 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 classi- fied generally to chapter 116 (§ 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. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (g)(2), is set out in the Appendix to Title 5, Government Organization and Employees. The Toxic Substances Control Act, referred to in sub- secs. (i)(5)(C), (D) and (k)(12)(D), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 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 Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (i)(5)(C), (D), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (k)(1)(H), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Federal Water Pollution Control Act, referred to in subsec. (k)(12)(C), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Safe Drinking Water Act, referred to in subsec. (k)(12)(E), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is clas- sified generally to subchapter XII (§ 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. CODIFICATION In subsec. (g)(1), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act’’ and, in subsec. (g)(2), ‘‘section 3145 of title 40’’ substituted for ‘‘section 276c of title 40 of the United States Code’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. AMENDMENTS 2018—Subsec. (g)(1). Pub. L. 115–141, § 14(b), inserted ‘‘or section 9628(a)(1)(B)(ii)(III) of this title’’ after ‘‘under this section’’. Subsec. (k). Pub. L. 115–141, § 9(4), substituted ‘‘para- graph (2), (3), or (4)’’ for ‘‘paragraph (2) or (3)’’ wherever appearing. Subsec. (k)(1)(I) to (L). Pub. L. 115–141, § 6, added sub- pars. (I) to (L). Subsec. (k)(2)(C). Pub. L. 115–141, § 7(1), added subpar. (C). Subsec. (k)(3)(A). Pub. L. 115–141, § 9(2), substituted ‘‘Subject to paragraphs (5) and (6)’’ for ‘‘Subject to paragraphs (4) and (5)’’ in introductory provisions. Subsec. (k)(3)(A)(ii). Pub. L. 115–141, § 8, substituted ‘‘$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site’’ for ‘‘$200,000 for each site to be remediated’’. Subsec. (k)(3)(E). Pub. L. 115–141, § 7(2), added subpar. (E). Subsec. (k)(4). Pub. L. 115–141, § 9(3), added par. (4). Former par. (4) redesignated (5). Subsec. (k)(5). Pub. L. 115–141, § 9(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (k)(5)(B). Pub. L. 115–141, § 10(1), amended sub- par. (B) generally. Prior to amendment, subpar. (B) re- lated to prohibited uses of grants or loans under subsec. (k). Subsec. (k)(5)(E). Pub. L. 115–141, § 10(2), added subpar. (E). Subsec. (k)(6). Pub. L. 115–141, § 9(1), redesignated par. (5) as (6). Former par. (6) redesignated (7). Subsec. (k)(6)(C)(xi), (xii). Pub. L. 115–141, § 11(a), added cls. (xi) and (xii). Subsec. (k)(6)(D). Pub. L. 115–141, § 11(b), added sub- par. (D). Subsec. (k)(7). Pub. L. 115–141, § 9(1), redesignated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (k)(8). Pub. L. 115–141, § 9(1), redesignated par. (7) as (8). Former par. (8) redesignated (9). Subsec. (k)(8)(D). Pub. L. 115–141, § 12, substituted ‘‘September 30, 2022’’ for ‘‘3 years after January 11, 2002’’. Subsec. (k)(9) to (12). Pub. L. 115–141, § 9(1), redesig- nated pars. (8) to (11) as (9) to (12), respectively. Former par. (12) redesignated (13). Subsec. (k)(13). Pub. L. 115–141, § 13, amended par. (13) generally. Prior to amendment, par. (13) authorized ap- propriations for fiscal years 2002 through 2006 and speci- fied conditions on use of certain funds. Pub. L. 115–141, § 9(1), redesignated par. (12) as (13). 2005—Subsec. (k)(4)(B)(iii). Pub. L. 109–59 added cl. (iii). 2004—Subsec. (k)(7)(B). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. 2002—Subsec. (k). Pub. L. 107–118 added subsec. (k). 1992—Subsec. (i)(1). Pub. L. 102–531 substituted ‘‘Cen- ters for Disease Control and Prevention’’ for ‘‘Centers for Disease Control’’. 1986—Subsec. (a)(1). Pub. L. 99–499, § 104(a), sub- stituted provisions authorizing the President to allow owner or operator of facility or vessel or any other re- sponsible party to carry out action, conduct the reme- Page 7738 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 dial investigation, or conduct feasibility study under section 9622 of this title, specifying conditions under which a remedial investigation or feasibility study would be authorized, providing for treatment of poten- tially responsible parties, and requiring President to give primary attention to those releases which the President deems may present a public health threat, for ‘‘, unless the President determines that such re- moval and remedial action will be done properly by the owner or operator of the vessel or facility from which the release or threat of release emanates, or by any other responsible party.’’ Subsec. (a)(2). Pub. L. 99–499, § 104(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘For the purposes of this section, ‘pollutant or con- taminant’ shall include, but not be limited to, any ele- ment, substance, compound, or mixture, including dis- ease-causing agents, which after release into the envi- ronment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (includ- ing malfunctions in reproduction) or physical deforma- tions, in such organisms or their offspring. The term does not include petroleum, including crude oil and any fraction thereof which is not otherwise specifically list- ed or designated as hazardous substances under section 9601(14)(A) through (F) of this title, nor does it include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas).’’ Subsec. (a)(3), (4). Pub. L. 99–499, § 104(c), added pars. (3) and (4). Subsec. (b). Pub. L. 99–499, § 104(d), designated exist- ing provisions as par. (1), inserted par. (1) heading, and added par. (2). Subsec. (c)(1). Pub. L. 99–499, § 104(e)(1), substituted ‘‘$2,000,000’’ for ‘‘$1,000,000’’ and ‘‘12 months’’ for ‘‘six months’’. Subsec. (c)(1)(C). Pub. L. 99–499, § 104(e)(2), added cl. (C). Subsec. (c)(3). Pub. L. 99–499, §§ 104(f), 207(b), sub- stituted text of cl. (C)(ii) and sentence providing that ‘‘facility’’ does not include navigable waters or beds un- derlying those waters for ‘‘(ii) at least 50 per centum or such greater amount as the President may determine appropriate, taking into account the degree of responsi- bility of the State or political subdivision, of any sums expended in response to a release at a facility that was owned at the time of any disposal of hazardous sub- stances therein by the State or a political subdivision thereof. The President shall grant the State a credit against the share of the costs for which it is responsible under this paragraph for any documented direct out-of- pocket non-Federal funds expended or obligated by the State or a political subdivision thereof after January 1, 1978, and before December 11, 1980, for cost-eligible re- sponse actions and claims for damages compensable under section 9611 of this title relating to the specific release in question: Provided, however, That in no event shall the amount of the credit granted exceed the total response costs relating to the release.’’ and inserted provisions relating to remedial action to be taken on land or water held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian Tribe (if such land or water is subject to a trust restriction on alienation), or otherwise within the borders of an Indian reservation. Subsec. (c)(4). Pub. L. 99–499, § 104(g), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘The President shall select appropriate remedial ac- tions determined to be necessary to carry out this sec- tion which are to the extent practicable in accordance with the national contingency plan and which provide for that cost-effective response which provides a bal- ance 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 established under subchapter II of this chapter to respond to other sites which present or may present a threat to public health or welfare or the environment, taking into consideration the need for immediate ac- tion.’’ Subsec. (c)(5). Pub. L. 99–499, § 104(h), added par. (5). Subsec. (c)(6). Pub. L. 99–499, § 104(i), added par. (6). Subsec. (c)(7). 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. Pub. L. 99–499, § 104(i), added par. (7). Subsec. (c)(8). Pub. L. 99–499, § 104(j), added par. (8). Subsec. (c)(9). Pub. L. 99–499, § 104(k), added par. (9). Subsec. (d)(1). Pub. L. 99–499, § 104(l), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Where the President determines that a State or polit- ical subdivision thereof has the capability to carry out any or all of the actions authorized in this section, the President may, in his discretion, enter into a contract or cooperative agreement with such State or political subdivision to take such actions in accordance with cri- teria and priorities established pursuant to section 9605(8) of this title and to be reimbursed for the reason- able response costs thereof from the Fund. Any con- tract made hereunder shall be subject to the cost-shar- ing provisions of subsection (c) of this section.’’ Subsec. (e)(1). Pub. L. 99–499, § 104(m), added par. (1), and struck out former par. (1) which provided for access to, and copying of, records relating to covered sub- stances, and entry by officers, employees or representa- tives of the President or a State into places where haz- ardous substances were or had been generated, stored, treated or disposed of, or transported from, and inspec- tion and obtaining of samples of such substances and samples of containers or labeling for such substances. Subsec. (e)(2) to (6). Pub. L. 99–499, § 104(m), added pars. (2) to (6). Former par. (2) redesignated (7). Subsec. (e)(7). Pub. L. 99–499, § 104(m), (n), redesig- nated par. (2) as (7), aligned margin of par. (7) with pars. (1) through (6), and added par. heading and sub- pars. (E) and (F). Subsec. (i). Pub. L. 99–499, § 110, designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), in in- troductory provisions of par. (1), struck out ‘‘and’’ after ‘‘Health Administration,’’ and inserted ‘‘the Secretary of Transportation, and appropriate State and local health officials,’’ in par. (1)(D), inserted ‘‘where appro- priate’’, and added pars. (2) to (18). Subsec. (j). Pub. L. 99–499, § 104(o)(1), added subsec. (j). Statutory Notes and Related Subsidiaries ADMINISTRATOR OF THE AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY Director of the Centers for Disease Control and Pre- vention to serve as the Administrator of the Agency for Toxic Substances and Disease Registry consistent with subsec. (i) of this section, see section 242c(a) of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (i)(10) of this section relating to the require- ment that the Administrator of ATSDR submit a bien- nial report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 13th item on page 154 of House Document No. 103–7. COORDINATION OF TITLES I TO IV OF PUB. L. 99–499 Any provision of titles I to IV of Pub. L. 99–499, im- posing 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, In- ternal Revenue Code. Page 7739 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9605 1 See References in Text note below. § 9605. National contingency plan (a) Revision and republication Within one hundred and eighty days after De- cember 11, 1980, the President shall, after notice and opportunity for public comments, revise and republish the national contingency plan for the removal of oil and hazardous substances, origi- nally prepared and published pursuant to sec- tion 1321 of title 33, to reflect and effectuate the responsibilities and powers created by this chap- ter, in addition to those matters specified in sec- tion 1321(c)(2) 1 of title 33. Such revision shall in- clude a section of the plan to be known as the national hazardous substance response plan which shall establish procedures and standards for responding to releases of hazardous sub- stances, pollutants, and contaminants, which shall include at a minimum: (1) methods for discovering and inves- tigating facilities at which hazardous sub- stances have been disposed of or otherwise come to be located; (2) methods for evaluating, including anal- yses of relative cost, and remedying any re- leases or threats of releases from facilities which pose substantial danger to the public health or the environment; (3) methods and criteria for determining the appropriate extent of removal, remedy, and other measures authorized by this chapter; (4) appropriate roles and responsibilities for the Federal, State, and local governments and for interstate and nongovernmental entities in effectuating the plan; (5) provision for identification, procurement, maintenance, and storage of response equip- ment and supplies; (6) a method for and assignment of responsi- bility for reporting the existence of such fa- cilities which may be located on federally owned or controlled properties and any re- leases of hazardous substances from such fa- cilities; (7) means of assuring that remedial action measures are cost-effective over the period of potential exposure to the hazardous sub- stances or contaminated materials; (8)(A) criteria for determining priorities among releases or threatened releases throughout the United States for the purpose of taking remedial action and, to the extent practicable taking into account the potential urgency of such action, for the purpose of tak- ing removal action. Criteria and priorities under this paragraph shall be based upon rel- ative risk or danger to public health or wel- fare or the environment, in the judgment of the President, taking into account to the ex- tent possible the population at risk, the haz- ard potential of the hazardous substances at such facilities, the potential for contamina- tion of drinking water supplies, the potential for direct human contact, the potential for de- struction of sensitive ecosystems, the damage to natural resources which may affect the human food chain and which is associated with any release or threatened release, the con- tamination or potential contamination of the ambient air which is associated with the re- lease or threatened release, State prepared- ness to assume State costs and responsibil- ities, and other appropriate factors; (B) based upon the criteria set forth in sub- paragraph (A) of this paragraph, the President shall list as part of the plan national priorities among the known releases or threatened re- leases throughout the United States and shall revise the list no less often than annually. Within one year after December 11, 1980, and annually thereafter, each State shall establish and submit for consideration by the President priorities for remedial action among known releases and potential releases in that State based upon the criteria set forth in subpara- graph (A) of this paragraph. In assembling or revising the national list, the President shall consider any priorities established by the States. To the extent practicable, the highest priority facilities shall be designated individ- ually and shall be referred to as the ‘‘top pri- ority among known response targets’’, and, to the extent practicable, shall include among the one hundred highest priority facilities one such facility from each State which shall be the facility designated by the State as pre- senting the greatest danger to public health or welfare or the environment among the known facilities in such State. A State shall be al- lowed to designate its highest priority facility only once. Other priority facilities or inci- dents may be listed singly or grouped for re- sponse priority purposes; (9) specified roles for private organizations and entities in preparation for response and in responding to releases of hazardous sub- stances, including identification of appro- priate qualifications and capacity therefor and including consideration of minority firms in accordance with subsection (f); and (10) standards and testing procedures by which alternative or innovative treatment technologies can be determined to be appro- priate for utilization in response actions au- thorized by this chapter. The plan shall specify procedures, techniques, materials, equipment, and methods to be em- ployed in identifying, removing, or remedying releases of hazardous substances comparable to those required under section 1321(c)(2)(F) and (G) and (j)(1) of title 33. Following publication of the revised national contingency plan, the response to and actions to minimize damage from haz- ardous substances releases shall, to the greatest extent possible, be in accordance with the provi- sions of the plan. The President may, from time to time, revise and republish the national con- tingency plan. (b) Revision of plan Not later than 18 months after the enactment of the Superfund Amendments and Reauthoriza- tion Act of 1986 [October 17, 1986], the President shall revise the National Contingency Plan to reflect the requirements of such amendments. The portion of such Plan known as ‘‘the Na- tional Hazardous Substance Response Plan’’ shall be revised to provide procedures and stand- ards for remedial actions undertaken pursuant to this chapter which are consistent with