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satisfactory to the President (or the State, as the case may be)
by any person 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 information entitled to
protection under section 1905 of title 18, such information or
particular portion thereof shall be considered confidential in
accordance with the purposes of that section, except that such
record, report, document or information may be disclosed to other
officers, employees, or authorized representatives of the United
States concerned with carrying 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 separately 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 contained in this section or
any other provision of law, all information reported to or
otherwise obtained by the President (or any representative 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 information under this
chapter may claim that the information is entitled to protection
under this paragraph unless such person shows each of the
following:
(i) Such person has not disclosed the information to any
other person, other than a member of a local emergency planning
committee established under title III of the Amendments and
Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.], an
officer or employee of the United States or a State or local
government, an employee of such person, or a person who is
bound by a confidentiality agreement, and such person has taken
reasonable measures to protect the confidentiality of such
information and intends 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 competitive position of such person.
(iv) The specific chemical identity, if sought to be
protected, is not readily discoverable 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 generic class or category
of the hazardous substance.
(ii) The physical properties of the substance, including its
boiling point, melting point, flash point, specific gravity,
vapor density, solubility in water, and vapor pressure at 20
degrees celsius.
(iii) The hazards to health and the environment posed by the
substance, including physical hazards (such as explosion) and
potential acute and chronic health hazards.
(iv) The potential routes of human exposure to the substance
at the facility, establishment, place, or property being
investigated, entered, or inspected under this subsection.
(v) The location of disposal of any waste stream.
(vi) Any monitoring data or analysis of monitoring data
pertaining to disposal activities.
(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 pursuant to a contract entered into under subsection (d)
of this section, shall require compliance 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 applicable to covered work
(1) All laborers and mechanics employed by contractors or
subcontractors in the performance of construction, repair, or
alteration work funded in whole or in part under this section shall
be paid wages at rates not less than those prevailing 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 obtaining adequate assurance that required labor
standards will be maintained upon the construction work.
(2) The Secretary of Labor shall have, with respect to the labor
standards specified in paragraph (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 procedures are necessary, the President shall promulgate
regulations prescribing the circumstances under which such
authority shall be used and the procedures governing the use of
such authority.
(i) Agency for Toxic Substances and Disease Registry;
establishment, functions, etc.
(1) There is hereby established within the Public Health Service
an agency, to be known as the Agency for Toxic Substances and
Disease Registry, which shall report directly to the Surgeon
General of the United States. The Administrator of said Agency
shall, with the cooperation of the 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 Environmental Health Sciences,
National Institute of Occupational Safety and Health, Centers for
Disease Control and Prevention, the Administrator 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 addition, 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 literature, research,
and studies on the health effects 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 relationships between exposure to toxic substances and
illness. In cases of public health emergencies, 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 Substances 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
response 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 Administrator of EPA shall revise the list prepared
under subparagraph (A). Such revision shall include, 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 provided 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 substances in accordance
with the criteria in subparagraph (A).
(3) Based on all available information, including 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 Administrator of ATSDR and the
Administrator of EPA. Such profiles shall include, but not be
limited to each of the following:
(A) An examination, summary, and interpretation 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 chronic health effects.
(B) A determination of whether adequate information on the
health effects of each substance is available or in the process
of development 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 humans.

Any toxicological profile or revision thereof shall reflect the
Administrator of ATSDR's assessment of all relevant toxicological
testing which has been peer reviewed. The profiles required to be
prepared under this paragraph for those hazardous substances listed
under subparagraph (A) of paragraph (2) shall be completed, 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
subparagraph (B) of paragraph (2) shall be completed within 3 years
after addition to the list. The profiles prepared under this
paragraph shall be of those substances highest on the list of
priorities under paragraph (2) for which profiles have not
previously been prepared. Profiles required under this paragraph
shall be revised and republished as necessary, but no less often
than once every 3 years. Such profiles shall be provided to the
States and made available to other interested parties.
(4) The Administrator of the ATSDR shall provide consultations
upon request on health issues relating to exposure to hazardous or
toxic substances, 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 pursuant 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 adequate information on the
health effects of such substance is available. For any such
substance 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 Control Act [15 U.S.C. 2603(e)] on the
types of research 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 effects;
(ii) laboratory and other studies to determine organ-specific,
site-specific, and system-specific acute and chronic toxicity;
(iii) laboratory and other studies to determine the manner in
which such substances are metabolized or to otherwise develop an
understanding of the biokinetics of such substances; and
(iv) where there is a possibility of obtaining human data, the
collection of such information.

(B) In assessing the need to perform laboratory and other
studies, as required by subparagraph (A), the Administrator of
ATSDR shall consider -
(i) the availability and quality of existing test data
concerning the substance on the suspected 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
preparation of toxicological profiles as required by paragraph
(3); and
(iii) such other scientific and technical factors as the
Administrator of ATSDR may determine are necessary for the
effective implementation 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 National 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 purpose of such coordination shall be to avoid
duplication of effort and to assure that the hazardous substances
listed pursuant to this subsection 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 regulations
which provide, where appropriate, for payment of such costs by
manufacturers and processors 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 responsible parties under this chapter.
(6)(A) The Administrator of ATSDR shall perform 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
inclusion 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 petition to the Administrator of
ATSDR providing such information and requesting a health
assessment. If such a petition is submitted and the Administrator
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 subsection, the Administrator of ATSDR, in
consultation 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 Environmental Protection Agency and other Federal
agencies pursuant to schedules for remedial investigation and
feasibility studies.
(D) Where a health assessment is done at a site on the National
Priorities List, the Administrator of ATSDR shall complete such
assessment promptly and, to the maximum extent practicable, before
the completion of the remedial investigation and feasibility study
at the facility concerned.
(E) Any State or political subdivision carrying out a health
assessment for a facility shall report the results of the
assessment to the Administrator of ATSDR and the Administrator of
EPA and shall include recommendations with respect to further
activities which need to be carried out under this section. The
Administrator of ATSDR shall state such recommendation in any
report on the results of any assessment carried out directly by the
Administrator of ATSDR for such facility and shall issue periodic
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
assessments of the potential risk to human health posed by
individual sites and facilities, based on such factors as the
nature and extent of contamination, 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
likely pathways of exposure, the comparison of expected human
exposure levels to the short-term and long-term health effects
associated with identified hazardous substances and any available
recommended exposure or tolerance limits for such hazardous
substances, and the comparison of existing morbidity and mortality
data on diseases that may be associated with the observed levels of
exposure. The Administrator of ATSDR shall use appropriate data,
risk assessments, 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 subsection should be taken to reduce human exposure to
hazardous substances from a facility and whether additional
information on human exposure and associated health risks is needed
and should be acquired by conducting epidemiological 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 additional actions to be taken under this section, the
Administrator of ATSDR may consider additional information on the
risks to the potentially 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 assessment, the
Administrator of ATSDR shall provide the Administrator of EPA and
each affected State with the results of such assessment, together
with any recommendations for further actions under this subsection
or otherwise under this chapter. In addition, if the health
assessment indicates that the release or threatened release
concerned may pose a serious threat to human health or the
environment, the Administrator of ATSDR shall so notify the
Administrator 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 Priorities 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 accorded
a higher priority.
(7)(A) Whenever in the judgment of the Administrator of ATSDR it
is appropriate on the basis of the results of a health assessment,
the Administrator of ATSDR shall conduct a pilot study of health
effects for selected groups of exposed individuals in order to
determine the desirability of conducting full scale epidemiological
or other health studies of the entire exposed population.
(B) Whenever in the judgment of the Administrator 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 determine the health effects on the population
exposed to hazardous substances from a release or threatened
release. If a significant excess of disease in a population is
identified, the letter of transmittal of such study shall include
an assessment of other risk factors, other than a release, that
may, in the judgment of the peer review 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 diseases or the
likelihood of population migration from the affected area.
(9) Where the Administrator of ATSDR has determined 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 appropriate 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
results of the activities of ATSDR regarding -
(A) health assessments and pilot health effects studies
conducted;
(B) epidemiologic studies conducted;
(C) hazardous substances which have been listed under paragraph
(2), toxicological profiles which have been developed, and
toxicologic testing which has been conducted or which is being
conducted under this subsection;
(D) registries established under paragraph (8); and
(E) an overall assessment, based on the results of activities
conducted by the Administrator 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 adverse health
effects in humans.

(11) If a health assessment or other study carried out under this
subsection contains a finding that the exposure concerned presents
a significant 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 individuals.

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 hazardous
substance, the President may take such steps as may be necessary to
reduce the exposure 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 petition, a health
assessment or study, or a research program under this subsection,
nothing in this subsection shall be construed to delay or otherwise
affect or impair the authority of the President, the Administrator
of ATSDR, or the Administrator 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 limited to, the imminent hazard authority of section 7003
of the Solid Waste Disposal Act [42 U.S.C. 6973]) or the response
and abatement authorities of this chapter.
(13) All studies and results of research conducted 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 selected for such purpose by the Administrator
of ATSDR or the Administrator of EPA, as appropriate, on the basis
of their reputation for scientific 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
Registry, or by the Environmental Protection Agency, as
appropriate.
(14) In the implementation of this subsection and other
health-related authorities of this chapter, the Administrator of
ATSDR shall assemble, develop as necessary, and distribute to the
States, and upon request to medical colleges, physicians, and other
health professionals, appropriate educational materials (including
short courses) on the medical surveillance, screening, and methods
of diagnosis and treatment of injury or disease related to exposure
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 Administrator of ATSDR determines
are capable of carrying out such activities. Such activities shall
include provision of consultations on health information, the
conduct of health assessments, including those required under
section 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 personnel 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 Administrator of ATSDR shall have the same
authorities under this section with respect to facilities owned or
operated by a department, agency, or instrumentality of the United
States as the Administrator of ATSDR has with respect to any
nongovernmental entity.
(18) If the Administrator of ATSDR determines that it is
appropriate for purposes of this section to treat a pollutant or
contaminant as a hazardous substance, such pollutant or contaminant
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 discretion
determines is needed to conduct a remedial 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, before 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 completion of the
remedial action.
(3) Exemption
No Federal, State, or local government agency shall be liable
under this chapter solely 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 entity" means -
(A) a general purpose unit of local government;
(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 government;
(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 chartered or otherwise
sanctioned by a State;
(F) a State;
(G) an Indian Tribe other than in Alaska; or
(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 community.
(2) Brownfield site characterization and assessment grant program
(A) Establishment of program
The Administrator shall establish a program to -
(i) provide grants to inventory, characterize, assess, and
conduct planning related to brownfield sites under
subparagraph (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, characterize, assess, and
conduct planning related 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.
(3) Grants and loans for brownfield remediation
(A) Grants provided by the President
Subject to paragraphs (4) and (5), the President shall
establish a program to provide grants to -
(i) eligible entities, to be used for capitalization of
revolving loan funds; and
(ii) eligible entities or nonprofit organizations, 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 $200,000 for each site to be remediated.
(B) Loans and grants provided by eligible entities
An eligible entity that receives a grant under subparagraph
(A)(i) shall use the grant funds to provide assistance for the
remediation of brownfield sites in the form of -
(i) one or more loans to an eligible entity, a site owner,
a site developer, or another person; or
(ii) one or more grants to an eligible entity or other
nonprofit organization, where warranted, as determined by the
eligible entity that is providing the assistance, based on
considerations under subparagraph (C), to remediate sites
owned by the eligible entity or nonprofit organization that
receives the grant.
(C) Considerations
In determining whether a grant under subparagraph (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 facilitate the
creation of, preservation of, or addition to a park, a
greenway, undeveloped 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 inability to draw on other sources of
funding for environmental remediation and subsequent
redevelopment of the area in which a brownfield site is
located because of the small population or low income of the
community;
(iii) the extent to which a grant will facilitate the use
or reuse of existing infrastructure;
(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 Administrator
considers appropriate to consider for the purposes of this
subsection.
(D) Transition
Revolving loan funds that have been established before
January 11, 2002, may be used in accordance with this
paragraph.
(4) General provisions
(A) Maximum grant amount
(i) Brownfield site characterization and assessment
(I) In general
A grant under paragraph (2) may be awarded to an eligible
entity on a community-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 community-wide or site-by-site basis,
not to exceed $1,000,000 per eligible entity. The
Administrator may make an additional grant to an eligible
entity described in the previous 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 received a grant under this subsection;
(III) the demonstrated ability of the eligible 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
(i) In general
No part of a grant or loan under this subsection may be
used for the payment of -
(I) a penalty or fine;
(II) a Federal cost-share requirement;
(III) an administrative cost;
(IV) 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
(V) a cost of compliance with any Federal law (including
a Federal law specified in section 9601(39)(B) of this
title), excluding the cost of compliance with laws
applicable to the cleanup.
(ii) Exclusions
For the purposes of clause (i)(III), the term
"administrative cost" does not include the cost of -
(I) investigation and identification of the extent of
contamination;
(II) design and performance of a response action; or
(III) monitoring of a natural resource.
(C) Assistance for development of local government 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 substances from a brownfield site; and
(ii) monitoring and enforcement of any institutional
control used to prevent human exposure to any hazardous
substance from a brownfield site.
(D) Insurance
A recipient of a grant or loan awarded under paragraph (2) or
(3) that performs a characterization, assessment, or
remediation of a brownfield site may use a portion of the grant
or loan to purchase insurance for the characterization,
assessment, or remediation of that site.
(5) 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 Administrator to rank applications
under subparagraph (C), to the extent that the information
is available).
(II) NCP requirements
The Administrator may include in any requirement for
submission of an application under subclause (I) a
requirement of the National Contingency Plan only to the
extent that the requirement is relevant 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 guidance 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 subsection; 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 system for ranking grant
applications received under this paragraph that includes the
following criteria:
(i) The extent to which a grant will stimulate the
availability of other funds for environmental 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 located 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-normal incidence of diseases
or conditions (including cancer, asthma, or birth defects)
that may be associated with exposure to hazardous substances,
pollutants, or contaminants.
(iv) The extent to which a grant would facilitate the use
or reuse of existing infrastructure.
(v) The extent to which a grant would facilitate the
creation of, preservation of, or addition to a park, a
greenway, undeveloped 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 because of the small population or low income 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 between urban and nonurban areas.
(ix) The extent to which the grant provides for involvement
of the local community in the process of making decisions
relating 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
welfare of children, pregnant women, minority or low-income
communities, or other sensitive populations.
(6) 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, remediation of brownfield sites, community
involvement, 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 subsection in any fiscal
year.
(7) Audits
(A) In general
The Inspector General of the Environmental Protection Agency
shall conduct such reviews or audits of grants and loans under
this subsection as the Inspector General 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 General
Accounting 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
violation of a condition of the grant, loan, or applicable
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 available to the
Administrator.
(D) Report to Congress
Not later than 3 years after January 11, 2002, the Inspector
General of the Environmental Protection Agency shall submit to
Congress a report that provides a description of the management
of the program (including a description of the allocation of
funds under this subsection).
(8) 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) or (3).
(9) Agreements
Each grant or loan made under this subsection 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 determined
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 (continued)