42 U.S.C. § 9620 — Federal facilities

Page 7778 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9620 § 9620. Federal facilities (a) Application of chapter to Federal Govern- ment (1) In general Each department, agency, and instrumen- tality of the United States (including the ex- ecutive, legislative, and judicial branches of government) shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and sub- stantively, as any nongovernmental entity, in- cluding liability under section 9607 of this title. Nothing in this section shall be con- strued to affect the liability of any person or entity under sections 9606 and 9607 of this title. (2) Application of requirements to Federal fa- cilities All guidelines, rules, regulations, and cri- teria which are applicable to preliminary as- sessments carried out under this chapter for facilities at which hazardous substances are located, applicable to evaluations of such fa- cilities under the National Contingency Plan, applicable to inclusion on the National Prior- ities List, or applicable to remedial actions at such facilities shall also be applicable to fa- cilities which are owned or operated by a de- partment, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this chapter. (3) Exceptions This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsection shall also not apply to any requirements relat- ing to bonding, insurance, or financial respon- sibility. Nothing in this chapter shall be con- strued to require a State to comply with sec- tion 9604(c)(3) of this title in the case of a fa- cility which is owned or operated by any de- partment, agency, or instrumentality of the United States. (4) State laws State laws concerning removal and remedial action, including State laws regarding en- forcement, shall apply to removal and reme- dial action at facilities owned or operated by a department, agency, or instrumentality of the United States or facilities that are the subject of a deferral under subsection (h)(3)(C) when such facilities are not included on the National Priorities List. The preceding sen- tence shall not apply to the extent a State law would apply any standard or requirement to such facilities which is more stringent than the standards and requirements applicable to facilities which are not owned or operated by any such department, agency, or instrumen- tality. (b) Notice Each department, agency, and instrumen- tality of the United States shall add to the in- ventory of Federal agency hazardous waste fa- cilities required to be submitted under section 3016 of the Solid Waste Disposal Act [42 U.S.C. 6937] (in addition to the information required under section 3016(a)(3) of such Act [42 U.S.C. 6937(a)(3)]) information on contamination from each facility owned or operated by the depart- ment, agency, or instrumentality if such con- tamination affects contiguous or adjacent prop- erty owned by the department, agency, or in- strumentality or by any other person, including a description of the monitoring data obtained. (c) Federal Agency Hazardous Waste Compliance Docket The Administrator shall establish a special Federal Agency Hazardous Waste Compliance Docket (hereinafter in this section referred to as the ‘‘docket’’) which shall contain each of the following: (1) All information submitted under section 3016 of the Solid Waste Disposal Act [42 U.S.C. 6937] and subsection (b) of this section regard- ing any Federal facility and notice of each subsequent action taken under this chapter with respect to the facility. (2) Information submitted by each depart- ment, agency, or instrumentality of the United States under section 3005 or 3010 of such Act [42 U.S.C. 6925, 6930]. (3) Information submitted by the depart- ment, agency, or instrumentality under sec- tion 9603 of this title. The docket shall be available for public inspec- tion at reasonable times. Six months after es- tablishment of the docket and every 6 months thereafter, the Administrator shall publish in the Federal Register a list of the Federal facili- ties which have been included in the docket dur- ing the immediately preceding 6-month period. Such publication shall also indicate where in the appropriate regional office of the Environ- mental Protection Agency additional informa- tion may be obtained with respect to any facil- ity on the docket. The Administrator shall es- tablish a program to provide information to the public with respect to facilities which are in- cluded in the docket under this subsection. (d) Assessment and evaluation (1) In general The Administrator shall take steps to assure that a preliminary assessment is conducted for each facility on the docket. Following such preliminary assessment, the Administrator shall, where appropriate— (A) evaluate such facilities in accordance with the criteria established in accordance with section 9605 of this title under the Na- tional Contingency Plan for determining pri- orities among releases; and (B) include such facilities on the National Priorities List maintained under such plan if the facility meets such criteria. (2) Application of criteria (A) In general Subject to subparagraph (B), the criteria referred to in paragraph (1) shall be applied Page 7779 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9620 in the same manner as the criteria are ap- plied to facilities that are owned or operated by persons other than the United States. (B) Response under other law It shall be an appropriate factor to be taken into consideration for the purposes of section 9605(a)(8)(A) of this title that the head of the department, agency, or instru- mentality that owns or operates a facility has arranged with the Administrator or ap- propriate State authorities to respond ap- propriately, under authority of a law other than this chapter, to a release or threatened release of a hazardous substance. (3) Completion Evaluation and listing under this subsection shall be completed in accordance with a rea- sonable schedule established by the Adminis- trator. (e) Required action by department (1) RI/FS Not later than 6 months after the inclusion of any facility on the National Priorities List, the department, agency, or instrumentality which owns or operates such facility shall, in consultation with the Administrator and ap- propriate State authorities, commence a re- medial investigation and feasibility study for such facility. In the case of any facility which is listed on such list before October 17, 1986, the department, agency, or instrumentality which owns or operates such facility shall, in consultation with the Administrator and ap- propriate State authorities, commence such an investigation and study for such facility within one year after October 17, 1986. The Ad- ministrator and appropriate State authorities shall publish a timetable and deadlines for ex- peditious completion of such investigation and study. (2) Commencement of remedial action; inter- agency agreement The Administrator shall review the results of each investigation and study conducted as provided in paragraph (1). Within 180 days thereafter, the head of the department, agen- cy, or instrumentality concerned shall enter into an interagency agreement with the Ad- ministrator for the expeditious completion by such department, agency, or instrumentality of all necessary remedial action at such facil- ity. Substantial continuous physical onsite re- medial action shall be commenced at each fa- cility not later than 15 months after comple- tion of the investigation and study. All such interagency agreements, including review of alternative remedial action plans and selec- tion of remedial action, shall comply with the public participation requirements of section 9617 of this title. (3) Completion of remedial actions Remedial actions at facilities subject to interagency agreements under this section shall be completed as expeditiously as prac- ticable. Each agency shall include in its an- nual budget submissions to the Congress a re- view of alternative agency funding which could be used to provide for the costs of reme- dial action. The budget submission shall also include a statement of the hazard posed by the facility to human health, welfare, and the en- vironment and identify the specific con- sequences of failure to begin and complete re- medial action. (4) Contents of agreement Each interagency agreement under this sub- section shall include, but shall not be limited to, each of the following: (A) A review of alternative remedial ac- tions and selection of a remedial action by the head of the relevant department, agency, or instrumentality and the Administrator or, if unable to reach agreement on selection of a remedial action, selection by the Ad- ministrator. (B) A schedule for the completion of each such remedial action. (C) Arrangements for long-term operation and maintenance of the facility. (5) Annual report Each department, agency, or instrumen- tality responsible for compliance with this section shall furnish an annual report to the Congress concerning its progress in imple- menting the requirements of this section. Such reports shall include, but shall not be limited to, each of the following items: (A) A report on the progress in reaching interagency agreements under this section. (B) The specific cost estimates and budg- etary proposals involved in each interagency agreement. (C) A brief summary of the public com- ments regarding each proposed interagency agreement. (D) A description of the instances in which no agreement was reached. (E) A report on progress in conducting in- vestigations and studies under paragraph (1). (F) A report on progress in conducting re- medial actions. (G) A report on progress in conducting re- medial action at facilities which are not list- ed on the National Priorities List. With respect to instances in which no agree- ment was reached within the required time pe- riod, the department, agency, or instrumen- tality filing the report under this paragraph shall include in such report an explanation of the reasons why no agreement was reached. The annual report required by this paragraph shall also contain a detailed description on a State-by-State basis of the status of each fa- cility subject to this section, including a de- scription of the hazard presented by each facil- ity, plans and schedules for initiating and completing response action, enforcement sta- tus (where appropriate), and an explanation of any postponements or failure to complete re- sponse action. Such reports shall also be sub- mitted to the affected States. (6) Settlements with other parties If the Administrator, in consultation with the head of the relevant department, agency, or instrumentality of the United States, deter- mines that remedial investigations and feasi- Page 7780 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9620 bility studies or remedial action will be done properly at the Federal facility by another po- tentially responsible party within the dead- lines provided in paragraphs (1), (2), and (3) of this subsection, the Administrator may enter into an agreement with such party under sec- tion 9622 of this title (relating to settlements). Following approval by the Attorney General of any such agreement relating to a remedial action, the agreement shall be entered in the appropriate United States district court as a consent decree under section 9606 of this title. (f) State and local participation The Administrator and each department, agency, or instrumentality responsible for com- pliance with this section shall afford to relevant State and local officials the opportunity to par- ticipate in the planning and selection of the re- medial action, including but not limited to the review of all applicable data as it becomes avail- able and the development of studies, reports, and action plans. In the case of State officials, the opportunity to participate shall be provided in accordance with section 9621 of this title. (g) Transfer of authorities Except for authorities which are delegated by the Administrator to an officer or employee of the Environmental Protection Agency, no au- thority vested in the Administrator under this section may be transferred, by executive order of the President or otherwise, to any other offi- cer or employee of the United States or to any other person. (h) Property transferred by Federal agencies (1) Notice After the last day of the 6-month period be- ginning on the effective date of regulations under paragraph (2) of this subsection, when- ever any department, agency, or instrumen- tality of the United States enters into any contract for the sale or other transfer of real property which is owned by the United States and on which any hazardous substance was stored for one year or more, known to have been released, or disposed of, the head of such department, agency, or instrumentality shall include in such contract notice of the type and quantity of such hazardous substance and no- tice of the time at which such storage, release, or disposal took place, to the extent such in- formation is available on the basis of a com- plete search of agency files. (2) Form of notice; regulations Notice under this subsection shall be pro- vided in such form and manner as may be pro- vided in regulations promulgated by the Ad- ministrator. As promptly as practicable after October 17, 1986, but not later than 18 months after October 17, 1986, and after consultation with the Administrator of the General Serv- ices Administration, the Administrator shall promulgate regulations regarding the notice required to be provided under this subsection. (3) Contents of certain deeds (A) In general After the last day of the 6-month period beginning on the effective date of regula- tions under paragraph (2) of this subsection, in the case of any real property owned by the United States on which any hazardous substance was stored for one year or more, known to have been released, or disposed of, each deed entered into for the transfer of such property by the United States to any other person or entity shall contain— (i) to the extent such information is available on the basis of a complete search of agency files— (I) a notice of the type and quantity of such hazardous substances, (II) notice of the time at which such storage, release, or disposal took place, and (III) a description of the remedial ac- tion taken, if any; (ii) a covenant warranting that— (I) all remedial action necessary to protect human health and the environ- ment with respect to any such substance remaining on the property has been taken before the date of such transfer, and (II) any additional remedial action found to be necessary after the date of such transfer shall be conducted by the United States; and (iii) a clause granting the United States access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such transfer. (B) Covenant requirements For purposes of subparagraphs (A)(ii)(I) and (C)(iii), all remedial action described in such subparagraph has been taken if the con- struction and installation of an approved re- medial design has been completed, and the remedy has been demonstrated to the Ad- ministrator to be operating properly and successfully. The carrying out of long-term pumping and treating, or operation and maintenance, after the remedy has been demonstrated to the Administrator to be op- erating properly and successfully does not preclude the transfer of the property. The re- quirements of subparagraph (A)(ii) shall not apply in any case in which the person or en- tity to whom the real property is transferred is a potentially responsible party with re- spect to such property. The requirements of subparagraph (A)(ii) shall not apply in any case in which the transfer of the property occurs or has occurred by means of a lease, without regard to whether the lessee has agreed to purchase the property or whether the duration of the lease is longer than 55 years. In the case of a lease entered into after September 30, 1995, with respect to real property located at an installation approved for closure or realignment under a base clo- sure law, the agency leasing the property, in consultation with the Administrator, shall determine before leasing the property that the property is suitable for lease, that the uses contemplated for the lease are con- sistent with protection of human health and Page 7781 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9620 the environment, and that there are ade- quate assurances that the United States will take all remedial action referred to in sub- paragraph (A)(ii) that has not been taken on the date of the lease. (C) Deferral (i) In general The Administrator, with the concurrence of the Governor of the State in which the facility is located (in the case of real prop- erty at a Federal facility that is listed on the National Priorities List), or the Gov- ernor of the State in which the facility is located (in the case of real property at a Federal facility not listed on the National Priorities List) may defer the requirement of subparagraph (A)(ii)(I) with respect to the property if the Administrator or the Governor, as the case may be, determines that the property is suitable for transfer, based on a finding that— (I) the property is suitable for transfer for the use intended by the transferee, and the intended use is consistent with protection of human health and the envi- ronment; (II) the deed or other agreement pro- posed to govern the transfer between the United States and the transferee of the property contains the assurances set forth in clause (ii); (III) the Federal agency requesting de- ferral has provided notice, by publica- tion in a newspaper of general circula- tion in the vicinity of the property, of the proposed transfer and of the oppor- tunity for the public to submit, within a period of not less than 30 days after the date of the notice, written comments on the suitability of the property for trans- fer; and (IV) the deferral and the transfer of the property will not substantially delay any necessary response action at the prop- erty. (ii) Response action assurances With regard to a release or threatened release of a hazardous substance for which a Federal agency is potentially responsible under this section, the deed or other agree- ment proposed to govern the transfer shall contain assurances that— (I) provide for any necessary restric- tions on the use of the property to en- sure the protection of human health and the environment; (II) provide that there will be restric- tions on use necessary to ensure that re- quired remedial investigations, response action, and oversight activities will not be disrupted; (III) provide that all necessary re- sponse action will be taken and identify the schedules for investigation and com- pletion of all necessary response action as approved by the appropriate regu- latory agency; and (IV) provide that the Federal agency responsible for the property subject to transfer will submit a budget request to the Director of the Office of Management and Budget that adequately addresses schedules for investigation and comple- tion of all necessary response action, subject to congressional authorizations and appropriations. (iii) Warranty When all response action necessary to protect human health and the environ- ment with respect to any substance re- maining on the property on the date of transfer has been taken, the United States shall execute and deliver to the transferee an appropriate document containing a warranty that all such response action has been taken, and the making of the war- ranty shall be considered to satisfy the re- quirement of subparagraph (A)(ii)(I). (iv) Federal responsibility A deferral under this subparagraph shall not increase, diminish, or affect in any manner any rights or obligations of a Fed- eral agency (including any rights or obli- gations under this section and sections 9606 and 9607 of this title existing prior to transfer) with respect to a property trans- ferred under this subparagraph. (4) Identification of uncontaminated property (A) In the case of real property to which this paragraph applies (as set forth in subpara- graph (E)), the head of the department, agen- cy, or instrumentality of the United States with jurisdiction over the property shall iden- tify the real property on which no hazardous substances and no petroleum products or their derivatives were known to have been released or disposed of. Such identification shall be based on an investigation of the real property to determine or discover the obviousness of the presence or likely presence of a release or threatened release of any hazardous substance or any petroleum product or its derivatives, including aviation fuel and motor oil, on the real property. The identification shall consist, at a minimum, of a review of each of the fol- lowing sources of information concerning the current and previous uses of the real property: (i) A detailed search of Federal Govern- ment records pertaining to the property. (ii) Recorded chain of title documents re- garding the real property. (iii) Aerial photographs that may reflect prior uses of the real property and that are reasonably obtainable through State or local government agencies. (iv) A visual inspection of the real prop- erty and any buildings, structures, equip- ment, pipe, pipeline, or other improvements on the real property, and a visual inspection of properties immediately adjacent to the real property. (v) A physical inspection of property adja- cent to the real property, to the extent per- mitted by owners or operators of such prop- erty. (vi) Reasonably obtainable Federal, State, and local government records of each adja- cent facility where there has been a release Page 7782 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9620 of any hazardous substance or any petro- leum product or its derivatives, including aviation fuel and motor oil, and which is likely to cause or contribute to a release or threatened release of any hazardous sub- stance or any petroleum product or its de- rivatives, including aviation fuel and motor oil, on the real property. (vii) Interviews with current or former em- ployees involved in operations on the real property. Such identification shall also be based on sam- pling, if appropriate under the circumstances. The results of the identification shall be pro- vided immediately to the Administrator and State and local government officials and made available to the public. (B) The identification required under sub- paragraph (A) is not complete until concur- rence in the results of the identification is ob- tained, in the case of real property that is part of a facility on the National Priorities List, from the Administrator, or, in the case of real property that is not part of a facility on the National Priorities List, from the appropriate State official. In the case of a concurrence which is required from a State official, the concurrence is deemed to be obtained if, with- in 90 days after receiving a request for the concurrence, the State official has not acted (by either concurring or declining to concur) on the request for concurrence. (C)(i) Except as provided in clauses (ii), (iii), and (iv), the identification and concurrence re- quired under subparagraphs (A) and (B), re- spectively, shall be made at least 6 months be- fore the termination of operations on the real property. (ii) In the case of real property described in subparagraph (E)(i)(II) on which operations have been closed or realigned or scheduled for closure or realignment pursuant to a base clo- sure law described in subparagraph (E)(ii)(I) or (E)(ii)(II) by October 19, 1992, the identifica- tion and concurrence required under subpara- graphs (A) and (B), respectively, shall be made not later than 18 months after October 19, 1992. (iii) In the case of real property described in subparagraph (E)(i)(II) on which operations are closed or realigned or become scheduled for closure or realignment pursuant to the base closure law described in subparagraph (E)(ii)(II) after October 19, 1992, the identifica- tion and concurrence required under subpara- graphs (A) and (B), respectively, shall be made not later than 18 months after the date by which a joint resolution disapproving the clo- sure or realignment of the real property under section 2904(b) of such base closure law must be enacted, and such a joint resolution has not been enacted. (iv) In the case of real property described in subparagraphs (E)(i)(II) on which operations are closed or realigned pursuant to a base clo- sure law described in subparagraph (E)(ii)(III) or (E)(ii)(IV), the identification and concur- rence required under subparagraphs (A) and (B), respectively, shall be made not later than 18 months after the date on which the real property is selected for closure or realignment pursuant to such a base closure law. (D) In the case of the sale or other transfer of any parcel of real property identified under subparagraph (A), the deed entered into for the sale or transfer of such property by the United States to any other person or entity shall contain— (i) a covenant warranting that any re- sponse action or corrective action found to be necessary after the date of such sale or transfer shall be conducted by the United States; and (ii) a clause granting the United States ac- cess to the property in any case in which a response action or corrective action is found to be necessary after such date at such prop- erty, or such access is necessary to carry out a response action or corrective action on ad- joining property. (E)(i) This paragraph applies to— (I) real property owned by the United States and on which the United States plans to terminate Federal Government oper- ations, other than real property described in subclause (II); and (II) real property that is or has been used as a military installation and on which the United States plans to close or realign mili- tary operations pursuant to a base closure law. (ii) For purposes of this paragraph, the term ‘‘base closure law’’ includes the following: (I) Title II of the Defense Authorization Amendments and Base Closure and Realign- ment Act (Public Law 100–526; 10 U.S.C. 2687 note). (II) The Defense Base Closure and Realign- ment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). (III) Section 2687 of title 10. (IV) Any provision of law authorizing the closure or realignment of a military instal- lation enacted on or after October 19, 1992. (F) Nothing in this paragraph shall affect, preclude, or otherwise impair the termination of Federal Government operations on real property owned by the United States. (5) Notification of States regarding certain leases In the case of real property owned by the United States, on which any hazardous sub- stance or any petroleum product or its deriva- tives (including aviation fuel and motor oil) was stored for one year or more, known to have been released, or disposed of, and on which the United States plans to terminate Federal Government operations, the head of the department, agency, or instrumentality of the United States with jurisdiction over the property shall notify the State in which the property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of op- erations on the property. Such notification shall be made before entering into the lease and shall include the length of the lease, the name of person to whom the property is leased, and a description of the uses that will be allowed under the lease of the property and buildings and other structures on the prop- erty. Page 7783 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9620 (i) Obligations under Solid Waste Disposal Act Nothing in this section shall affect or impair the obligation of any department, agency, or in- strumentality of the United States to comply with any requirement of the Solid Waste Dis- posal Act [42 U.S.C. 6901 et seq.] (including cor- rective action requirements). (j) National security (1) Site specific Presidential orders The President may issue such orders regard- ing response actions at any specified site or fa- cility of the Department of Energy or the De- partment of Defense as may be necessary to protect the national security interests of the United States at that site or facility. Such or- ders may include, where necessary to protect such interests, an exemption from any re- quirement contained in this subchapter or under title III of the Superfund Amendments and Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.] with respect to the site or facil- ity concerned. The President shall notify the Congress within 30 days of the issuance of an order under this paragraph providing for any such exemption. Such notification shall in- clude a statement of the reasons for the grant- ing of the exemption. An exemption under this paragraph shall be for a specified period which may not exceed one year. Additional exemp- tions may be granted, each upon the Presi- dent’s issuance of a new order under this para- graph for the site or facility concerned. Each such additional exemption shall be for a speci- fied period which may not exceed one year. It is the intention of the Congress that whenever an exemption is issued under this paragraph the response action shall proceed as expedi- tiously as practicable. The Congress shall be notified periodically of the progress of any re- sponse action with respect to which an exemp- tion has been issued under this paragraph. No exemption shall be granted under this para- graph due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. (2) Classified information Notwithstanding any other provision of law, all requirements of the Atomic Energy Act [42 U.S.C. 2011 et seq.] and all Executive orders concerning the handling of restricted data and national security information, including ‘‘need to know’’ requirements, shall be appli- cable to any grant of access to classified infor- mation under the provisions of this chapter or under title III of the Superfund Amendments and Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.]. (Pub. L. 96–510, title I, § 120, as added Pub. L. 99–499, title I, § 120(a), Oct. 17, 1986, 100 Stat. 1666; amended Pub. L. 102–426, §§ 3–5, Oct. 19, 1992, 106 Stat. 2175–2177; Pub. L. 104–106, div. B, title XXVIII, § 2834, Feb. 10, 1996, 110 Stat. 559; Pub. L. 104–201, div. A, title III, §§ 330, 331, 334, Sept. 23, 1996, 110 Stat. 2484, 2486.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) to (3), (c)(1), (d)(2)(B), and (j)(2), 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 clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. Section 2904(b) of such base closure law, referred to in subsec. (h)(4)(C)(iii), means section 2904(b) of Pub. L. 101–510, which is set out as a note under section 2687 of Title 10, Armed Forces. The Solid Waste Disposal Act, referred to in subsec. (i), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. Title III of the Superfund Amendments and Reau- thorization Act of 1986, referred to in subsec. (j), is title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728, known as the Emergency Planning and Community Right-To- Know Act of 1986, which is classified generally to chap- ter 116 (§ 11001 et seq.) of this title. For complete classi- fication of title III to the Code, see Short Title note set out under section 11001 of this title and Tables. The Atomic Energy Act, referred to in subsec. (j)(2), probably means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1996—Subsec. (a)(4). Pub. L. 104–201, § 334(b), inserted ‘‘or facilities that are the subject of a deferral under subsection (h)(3)(C)’’ after ‘‘United States’’. Subsec. (d). Pub. L. 104–201, § 330(2)–(4), designated ex- isting provisions as par. (1), inserted par. heading, sub- stituted ‘‘The Administrator’’ for ‘‘Not later than 18 months after October 17, 1986, the Administrator’’, re- aligned margins of par. (1) and subpars. (A) and (B), and substituted pars. (2) and (3) for ‘‘Such criteria shall be applied in the same manner as the criteria are applied to facilities which are owned or operated by other per- sons. Evaluation and listing under this subsection shall be completed not later than 30 months after October 17, 1986. Upon the receipt of a petition from the Governor of any State, the Administrator shall make such an evaluation of any facility included in the docket.’’ Pub. L. 104–201, § 330(1), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively. Subsec. (h)(3). Pub. L. 104–201, § 334(a)(8), added sub- par. (C). Pub. L. 104–201, § 334(a)(6), (7), designated existing pro- visions as subpar. (B), inserted heading, substituted ‘‘For purposes of subparagraphs (A)(ii)(I) and (C)(iii)’’ for ‘‘For purposes of subparagraph (B)(i)’’, and sub- stituted ‘‘subparagraph (A)(ii)’’ for ‘‘subparagraph (B)’’ in three places. Pub. L. 104–201, § 334(a)(1)–(5), designated first sen- tence as subpar. (A), inserted heading, redesignated former subpar. (A) and cls. (i) to (iii) of that subpar. as cl. (i) of subpar. (A) and subcls. (I) to (III) of that cl., respectively, redesignated former subpar. (B) and cls. (i) and (ii) of that subpar. as cl. (ii) of subpar. (A) and subcls. (I) and (II) of that cl., respectively, redesignated former subpar. (C) as cl. (iii) of subpar. (A), and re- aligned margins of such cls. and subcls. Pub. L. 104–106, § 2834(2), which directed that par. (3) be amended in the matter following subpar. (C) by add- ing at the end, flush to the paragraph margin, the fol- lowing, was executed by inserting the following provi- sion at the end of the concluding provisions ‘‘The re- Page 7784 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9621 quirements of subparagraph (B) shall not apply in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property. The requirements of subparagraph (B) shall not apply in any case in which the transfer of the property occurs or has oc- curred by means of a lease, without regard to whether the lessee has agreed to purchase the property or whether the duration of the lease is longer than 55 years. In the case of a lease entered into after Sep- tember 30, 1995, with respect to real property located at an installation approved for closure or realignment under a base closure law, the agency leasing the prop- erty, in consultation with the Administrator, shall de- termine before leasing the property that the property is suitable for lease, that the uses contemplated for the lease are consistent with protection of human health and the environment, and that there are adequate as- surances that the United States will take all remedial action referred to in subparagraph (B) that has not been taken on the date of the lease.’’ Pub. L. 104–106, § 2834(1), struck out first sentence of concluding provisions which read as follows: ‘‘The re- quirements of subparagraph (B) shall not apply in any case in which the person or entity to whom the prop- erty is transferred is a potentially responsible party with respect to such real property.’’ Subsec. (h)(4)(A). Pub. L. 104–201, § 331, substituted ‘‘known to have been released’’ for ‘‘stored for one year or more, known to have been released,’’. 1992—Subsec. (h)(3). Pub. L. 102–426, § 4(a), inserted at end ‘‘For purposes of subparagraph (B)(i), all remedial action described in such subparagraph has been taken if the construction and installation of an approved re- medial design has been completed, and the remedy has been demonstrated to the Administrator to be oper- ating properly and successfully. The carrying out of long-term pumping and treating, or operation and maintenance, after the remedy has been demonstrated to the Administrator to be operating properly and suc- cessfully does not preclude the transfer of the prop- erty.’’ Subsec. (h)(3)(C). Pub. L. 102–426, § 4(b), added subpar. (C). Subsec. (h)(4). Pub. L. 102–426, § 3, added par. (4). Subsec. (h)(5). Pub. L. 102–426, § 5, added par. (5). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (e)(5) of this section is listed as the 5th item on page 151), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance. ENVIRONMENTAL COMPLIANCE NOT AFFECTED BY PUB. L. 114–120 Pub. L. 114–120, title V, § 534(a), Feb. 8, 2016, 130 Stat. 75, as amended by Pub. L. 116–92, div. C, title XXXV, § 3514(e), Dec. 20, 2019, 133 Stat. 1984, provided that: ‘‘After the date on which the Secretary of the Interior conveys land under section 533 of this Act [section 533 of Pub. L. 114–120, 130 Stat. 74, not classified to Code], nothing in this Act [see Tables for classification] or any amendment made by this Act may be construed to affect or limit the application of or obligation to com- ply with any applicable environmental law, including section 120(h) of the Comprehensive Environmental Re- sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)), with respect to contaminants on such land prior to the date on which the land is conveyed.’’ IDENTIFICATION OF UNCONTAMINATED PROPERTY AT INSTALLATIONS TO BE CLOSED Pub. L. 103–160, div. B, title XXIX, § 2910, Nov. 30, 1993, 107 Stat. 1924, provided that: ‘‘The identification by the Secretary of Defense required under section 120(h)(4)(A) of the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)(A)), and the concurrence required under sec- tion 120(h)(4)(B) of such Act, shall be made not later than the earlier of— ‘‘(1) the date that is 9 months after the date of the submittal, if any, to the transition coordinator for the installation concerned of a specific use proposed for all or a portion of the real property of the instal- lation; or ‘‘(2) the date specified in section 120(h)(4)(C)(iii) of such Act.’’ CONGRESSIONAL FINDINGS Pub. L. 102–426, § 2, Oct. 19, 1992, 106 Stat. 2174, pro- vided that: ‘‘The Congress finds the following: ‘‘(1) The closure of certain Federal facilities is hav- ing adverse effects on the economies of local commu- nities by eliminating jobs associated with such facili- ties, and delay in remediation of environmental con- tamination of real property at such facilities is pre- venting transfer and private development of such property. ‘‘(2) Each department, agency, or instrumentality of the United States, in cooperation with local com- munities, should expeditiously identify real property that offers the greatest opportunity for reuse and re- development on each facility under the jurisdiction of the department, agency, or instrumentality where operations are terminating. ‘‘(3) Remedial actions, including remedial inves- tigations and feasibility studies, and corrective ac- tions at such Federal facilities should be expedited in a manner to facilitate environmental protection and the sale or transfer of such excess real property for the purpose of mitigating adverse economic effects on the surrounding community. ‘‘(4) Each department, agency, or instrumentality of the United States, in accordance with applicable law, should make available without delay such excess real property. ‘‘(5) In the case of any real property owned by the United States and transferred to another person, the United States Government should remain responsible for conducting any remedial action or corrective ac- tion necessary to protect human health and the envi- ronment with respect to any hazardous substance or petroleum product or its derivatives, including avia- tion fuel and motor oil, that was present on such real property at the time of transfer.’’ APPLICABILITY Pub. L. 99–499, title I, § 120(b), Oct. 17, 1986, 100 Stat. 1671, provided that: ‘‘Section 120 of CERCLA [42 U.S.C. 9620] shall not apply to any response action or remedial action for which a plan is under development by the Department of Energy on the date of enactment of this Act [Oct. 17, 1986] with respect to facilities— ‘‘(1) owned or operated by the United States and subject to the jurisdiction of such Department; ‘‘(2) located in St. Charles and St. Louis counties, Missouri, or the city of St. Louis, Missouri, and ‘‘(3) published in the National Priorities List. In preparing such plans, the Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency.’’ § 9621. Cleanup standards (a) Selection of remedial action The President shall select appropriate reme- dial actions determined to be necessary to be carried out under section 9604 of this title or se- cured under section 9606 of this title which are in accordance with this section and, to the ex- tent practicable, the national contingency plan, and which provide for cost-effective response. In