S 2959 — Brownfields Reauthorization Act of 2023

(a) Removal and other remedial action by President; 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 arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contingency plan which the President deems necessary to protect the public health or welfare or the environment. 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 the feasibility study in accordance with section 9622 of this title. No remedial investigation or feasibility study (RI/FS) shall be authorized except 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 reimburse 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 preferential treatment, or in any other way, whether direct or indirect, benefit from any such arrangements 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 undertaken by the President under this subsection (or by any other person referred to in section 9622 of this title) should, to the extent the President deems practicable, contribute to the efficient performance of any long term remedial action with respect to the release or threatened release concerned. (3) Limitations on Response.— The President shall not provide for a removal or remedial action 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 naturally 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 community structures; or (C) into public or private drinking water supplies due to deterioration of the system through ordinary use. (4) Exception to Limitations.— Notwithstanding 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 capability 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 b...

(a) Assistance to States (1) In general (A) States The Administrator may award a grant to a State or Indian tribe that— (i) has a response program that includes each of the elements, or is taking reasonable steps to include each of the elements, listed in paragraph (2); or (ii) is a party to a memorandum of agreement with the Administrator for voluntary response programs. (B) Use of grants by States (i) In general A State or Indian tribe may use a grant under this subsection to establish or enhance the response program of the State or Indian tribe. (ii) Additional uses In addition to the uses under clause (i), a State or Indian tribe may use a grant under this subsection to— (I) capitalize a revolving loan fund for brownfield remediation under section 9604(k)(3) of this title; (II) purchase insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State response program; or (III) assist small communities, Indian tribes, rural areas, or disadvantaged areas in carrying out activities described in section 9604(k)(7)(A) of this title with respect to brownfield sites. (iii) Small communities, Indian tribes, rural areas, and disadvantaged areas (I) In general To make grants to States or Indian tribes under clause (ii)(III), the Administrator may use, in addition to amounts available to carry out this subsection, not more than $1,500,000 of the amounts made available to carry out section 9604(k)(7) of this title in each fiscal year. (II) Limitation Each grant made under subclause (I) may be not more than $20,000. (III) Inclusion in other grants The Administrator may, at the request of a State or Indian tribe, include a grant under this clause in any other grant to the State or Indian tribe made under this subsection. (iv) Definitions In this subparagraph: (I) Disadvantaged area The term “disadvantaged area” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, as determined by the President based on the latest available decennial census. (II) Small community The term “small community” means a community with a population of not more than 15,000 individuals, as determined by the President based on the latest available decennial census. (2) Elements The elements of a State or Indian tribe response program referred to in paragraph (1)(A)(i) are the following: (A) Timely survey and inventory of brownfield sites in the State. (B) Oversight and enforcement authorities or other mechanisms, and resources, that are adequate to ensure that— (i) a response action will— (I) protect human health and the environment; and (II) be conducted in accordance with applicable Federal and State law; and (ii) if the person conducting the response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed. (C) Mechanisms and resources to provide meaningful opportunities for public participation, including— (i) public access to documents that the State, Indian tribe, or party conducting the cleanup is relying on or developing in making cleanup decisions or conducting site activities; (ii) prior notice and opportunity for comment on proposed cleanup plans and site activities; and (iii) a mechanism by which— (I) a person that is or may be affected by a release or threatened release of a hazardous substance, pollutant, or contaminant at a brownfield site located in the community in which the person works or resides may request the conduct of a site assessment; and (II) an appropriate State official shall consider and appropriately respond to a request under subclause (I). (D) Mechanisms for approval of a cleanup plan, and a requirement for verification by and certification or similar documentation from the State, an Indian tribe, or a licensed site professional to the person conducting a...