--- kind: "section" citation: "42 U.S.C. § 9604" title: "42" title_heading: "The Public Health and Welfare" number: "9604" heading: "Response authorities" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/9604" units: - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability" - "Subchapter I — Hazardous Substances Releases, Liability, Compensation" --- # §9604. Response authorities - (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](/usc/42/9601.md?p=14) is released or there is a substantial threat of such a [release](/usc/42/9601.md?p=22) into the [environment](/usc/42/9601.md?p=8), or (B) there is a [release](/usc/42/9601.md?p=22) or substantial threat of [release](/usc/42/9601.md?p=22) into the [environment](/usc/42/9601.md?p=8) of any [pollutant or contaminant](/usc/42/9601.md?p=33) 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](/usc/42/9601.md?p=31), to [remove](/usc/42/9601.md?p=23) or arrange for the [removal](/usc/42/9601.md?p=23) of, and provide for [remedial action](/usc/42/9601.md?p=24) relating to such [hazardous substance](/usc/42/9601.md?p=14), pollutant, or contaminant at any time (including its [removal](/usc/42/9601.md?p=23) from any contaminated natural resource), or take any other [response](/usc/42/9601.md?p=25) measure consistent with the [national contingency plan](/usc/42/9601.md?p=31) which the President deems necessary to protect the public health or welfare or the [environment](/usc/42/9601.md?p=8). When the President determines that such action will be done properly and promptly by the [owner or operator](/usc/42/9601.md?p=20-A) of the [facility](/usc/42/9601.md?p=9) or [vessel](/usc/42/9601.md?p=28) or by any other responsible party, the President may allow such [person](/usc/42/9601.md?p=21) to carry out the action, conduct the remedial investigation, or conduct the feasibility study in accordance with [section 9622 of this title](/usc/42/9622.md). 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](/usc/42/9601.md?p=21) to assist the President in overseeing and reviewing the conduct of such RI/FS and if the responsible party agrees to reimburse the [Fund](/usc/42/9601.md?p=11) 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](/usc/42/9601.md?p=32), receive preferential [treatment](/usc/42/9601.md?p=29), or in any other way, whether direct or indirect, benefit from any such arrangements as a [response](/usc/42/9601.md?p=25) action contractor, or as a [person](/usc/42/9601.md?p=21) hired or retained by such a [response](/usc/42/9601.md?p=25) action contractor, with respect to the [release](/usc/42/9601.md?p=22) or [facility](/usc/42/9601.md?p=9) in question. The President shall give primary attention to those [releases](/usc/42/9601.md?p=22) which the President deems may present a public health threat. - (2) **Removal Action.—** Any [removal](/usc/42/9601.md?p=23) action undertaken by the President under this subsection (or by any other [person](/usc/42/9601.md?p=21) referred to in [section 9622 of this title](/usc/42/9622.md)) should, to the extent the President deems practicable, contribute to the efficient performance of any long term [remedial action](/usc/42/9601.md?p=24) with respect to the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) concerned. - (3) **Limitations on Response.—** The President shall not provide for a [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) under this section in [response](/usc/42/9601.md?p=25) to a [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22)— - (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](/usc/42/9601.md?p=7) 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](/usc/42/9601.md?p=25) to any [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) if in the President’s discretion, it constitutes a public health or environmental emergency and no other [person](/usc/42/9601.md?p=21) with the authority and capability to [respond](/usc/42/9601.md?p=25) 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)](#a) of this section, or whenever the President has reason to believe that a [release](/usc/42/9601.md?p=22) has occurred or is about to occur, or that illness, disease, or complaints thereof may be attributable to exposure to a [hazardous substance](/usc/42/9601.md?p=14), pollutant, or contaminant and that a [release](/usc/42/9601.md?p=22) may have occurred or be occurring, he may undertake such investigations, monitoring, surveys, testing, and other information gathering as he may deem necessary or appropriate to identify the existence and extent of the [release](/usc/42/9601.md?p=22) or threat thereof, the source and nature of the [hazardous substances](/usc/42/9601.md?p=14), pollutants or contaminants involved, and the extent of danger to the public health or welfare or to the [environment](/usc/42/9601.md?p=8). In addition, the President may undertake such planning, legal, fiscal, economic, engineering, architectural, and other studies or investigations as he may deem necessary or appropriate to plan and direct [response](/usc/42/9601.md?p=25) actions, to recover the costs thereof, and to enforce the provisions of this chapter. - (2) **Coordination of investigations—** The President shall promptly notify the appropriate Federal and [State](/usc/42/9601.md?p=27) natural resource trustees of potential [damages](/usc/42/9601.md?p=6) to [natural resources](/usc/42/9601.md?p=16) resulting from [releases](/usc/42/9601.md?p=22) under investigation pursuant to this section and shall seek to coordinate the assessments, investigations, and planning under this section with such Federal and [State](/usc/42/9601.md?p=27) trustees. - (c) **Criteria for continuance of obligations from Fund over specified amount for response actions; consultation by President with affected States; contracts or cooperative agreements by States with President prior to remedial actions; cost-sharing agreements; selection by President of remedial actions; State credits: granting of credit, expenses before listing or agreement, response actions between 1978 and 1980, State expenses after December 11, 1980, in excess of 10 percent of costs, item-by-item approval, use of credits; operation and maintenance; limitation on source of funds for O&M; recontracting; siting—** - (1) Unless (A) the President finds that (i) continued [response](/usc/42/9601.md?p=25) actions are immediately required to prevent, limit, or mitigate an emergency, (ii) there is an immediate risk to public health or welfare or the [environment](/usc/42/9601.md?p=8), and (iii) such assistance will not otherwise be provided on a timely basis, or (B) the President has determined the appropriate [remedial actions](/usc/42/9601.md?p=24) pursuant to paragraph (2) of this subsection and the [State](/usc/42/9601.md?p=27) or [States](/usc/42/9601.md?p=27) in which the source of the [release](/usc/42/9601.md?p=22) is located have complied with the requirements of paragraph (3) of this subsection, or (C) continued [response](/usc/42/9601.md?p=25) action is otherwise appropriate and consistent with the [remedial action](/usc/42/9601.md?p=24) to be taken[^1] obligations from the [Fund](/usc/42/9601.md?p=11), other than those authorized by [subsection (b)](#b) of this section, shall not continue after $2,000,000 has been obligated for [response](/usc/42/9601.md?p=25) actions or 12 months has elapsed from the date of initial [response](/usc/42/9601.md?p=25) to a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14). - (2) The President shall consult with the affected [State](/usc/42/9601.md?p=27) or [States](/usc/42/9601.md?p=27) before determining any appropriate [remedial action](/usc/42/9601.md?p=24) to be taken pursuant to the authority granted under [subsection (a)](#a) of this section. - (3) The President shall not provide any [remedial actions](/usc/42/9601.md?p=24) pursuant to this section unless the [State](/usc/42/9601.md?p=27) in which the [release](/usc/42/9601.md?p=22) occurs first enters into a contract or cooperative agreement with the President providing assurances deemed adequate by the President that (A) the [State](/usc/42/9601.md?p=27) will assure all future maintenance of the [removal](/usc/42/9601.md?p=23) and [remedial actions](/usc/42/9601.md?p=24) provided for the expected life of such actions as determined by the President; (B) the [State](/usc/42/9601.md?p=27) will assure the availability of a [hazardous waste](/usc/42/9601.md?p=29) [disposal](/usc/42/9601.md?p=29) [facility](/usc/42/9601.md?p=9) acceptable to the President and in compliance with the requirements of subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.] for any necessary offsite storage, destruction, [treatment](/usc/42/9601.md?p=29), or secure disposition of the [hazardous substances](/usc/42/9601.md?p=14); and (C) the [State](/usc/42/9601.md?p=27) will pay or assure payment of (i) 10 per centum of the costs of the [remedial action](/usc/42/9601.md?p=24), including all future maintenance, or (ii) 50 percent (or such greater amount as the President may determine appropriate, taking into account the degree of responsibility of the [State](/usc/42/9601.md?p=27) or political subdivision for the [release](/usc/42/9601.md?p=22)) of any sums expended in [response](/usc/42/9601.md?p=25) to a [release](/usc/42/9601.md?p=22) at a [facility](/usc/42/9601.md?p=9), that was operated by the [State](/usc/42/9601.md?p=27) or a political subdivision thereof, either directly or through a [contractual relationship](/usc/42/9601.md?p=35-A) or otherwise, at the time of any [disposal](/usc/42/9601.md?p=29) of [hazardous substances](/usc/42/9601.md?p=14) therein. For the purpose of clause (ii) of this subparagraph, the term “[facility](/usc/42/9601.md?p=9)” does not include [navigable waters](/usc/42/9601.md?p=15) or the beds underlying those waters. In the case of [remedial action](/usc/42/9601.md?p=24) to be taken on land or water held by an [Indian tribe](/usc/42/9601.md?p=36), held by the [United States](/usc/42/9601.md?p=27) in trust for Indians, held by a member of an [Indian tribe](/usc/42/9601.md?p=36) (if such land or water is subject to a trust restriction on alienation), or otherwise within the borders of an Indian reservation, the requirements of this paragraph for assurances regarding future maintenance and cost-sharing shall not apply, and the President shall provide the assurance required by this paragraph regarding the availability of a [hazardous waste](/usc/42/9601.md?p=29) [disposal](/usc/42/9601.md?p=29) [facility](/usc/42/9601.md?p=9). - (4) **Selection of Remedial Action.—** The President shall select [remedial actions](/usc/42/9601.md?p=24) to carry out this section in accordance with [section 9621 of this title](/usc/42/9621.md) (relating to cleanup standards). - (5) **State Credits.—** - (A) **Granting of credit.—** The President shall grant a [State](/usc/42/9601.md?p=27) a credit against the share of the costs, for which it is responsible under [paragraph (3)](#c-3) with respect to a [facility](/usc/42/9601.md?p=9) listed on the National Priorities List under the [National Contingency Plan](/usc/42/9601.md?p=31), for amounts expended by a [State](/usc/42/9601.md?p=27) for [remedial action](/usc/42/9601.md?p=24) at such [facility](/usc/42/9601.md?p=9) pursuant to a contract or cooperative agreement with the President. The credit under this paragraph shall be limited to those [State](/usc/42/9601.md?p=27) expenses which the President determines to be reasonable, documented, direct out-of-pocket expenditures of non-Federal [funds](/usc/42/9601.md?p=11). - (B) **Expenses before listing or agreement.—** The credit under this paragraph shall include expenses for [remedial action](/usc/42/9601.md?p=24) at a [facility](/usc/42/9601.md?p=9) incurred before the listing of the [facility](/usc/42/9601.md?p=9) on the National Priorities List or before a contract or cooperative agreement is entered into under [subsection (d)](#d) for the [facility](/usc/42/9601.md?p=9) if— - (i) after such expenses are incurred the [facility](/usc/42/9601.md?p=9) is listed on such list and a contract or cooperative agreement is entered into for the [facility](/usc/42/9601.md?p=9), and - (ii) the President determines that such expenses would have been credited to the [State](/usc/42/9601.md?p=27) under [subparagraph (A)](#c-5-A) had the expenditures been made after listing of the [facility](/usc/42/9601.md?p=9) on such list and after the date on which such contract or cooperative agreement is entered into. - (C) **Response actions between 1978 and 1980.—** The credit under this paragraph shall include [funds](/usc/42/9601.md?p=11) expended or obligated by the [State](/usc/42/9601.md?p=27) or a political subdivision thereof after January 1, 1978, and before December 11, 1980, for cost-eligible [response](/usc/42/9601.md?p=25) actions and [claims](/usc/42/9601.md?p=4) for [damages](/usc/42/9601.md?p=6) compensable under [section 9611 of this title](/usc/42/9611.md). - (D) **State expenses after december 11, 1980, in excess of 10 percent of costs.—** The credit under this paragraph shall include 90 percent of [State](/usc/42/9601.md?p=27) expenses incurred at a [facility](/usc/42/9601.md?p=9) owned, but not operated, by such [State](/usc/42/9601.md?p=27) or by a political subdivision thereof. Such credit applies only to expenses incurred pursuant to a contract or cooperative agreement under [subsection (d)](#d) and only to expenses incurred after December 11, 1980, but before October 17, 1986. - (E) **Item-by-item approval.—** In the case of expenditures made after October 17, 1986, the President may require prior approval of each item of expenditure as a condition of granting a credit under this paragraph. - (F) **Use of credits.—** Credits granted under this paragraph for [funds](/usc/42/9601.md?p=11) expended with respect to a [facility](/usc/42/9601.md?p=9) may be used by the [State](/usc/42/9601.md?p=27) to reduce all or part of the share of costs otherwise required to be paid by the [State](/usc/42/9601.md?p=27) under [paragraph (3)](#c-3) in connection with [remedial actions](/usc/42/9601.md?p=24) at such [facility](/usc/42/9601.md?p=9). If the amount of [funds](/usc/42/9601.md?p=11) for which credit is allowed under this paragraph exceeds such share of costs for such [facility](/usc/42/9601.md?p=9), the [State](/usc/42/9601.md?p=27) may use the amount of such excess to reduce all or part of the share of such costs at other [facilities](/usc/42/9601.md?p=9) in that [State](/usc/42/9601.md?p=27). A credit shall not entitle the [State](/usc/42/9601.md?p=27) to any direct payment. - (6) **Operation and Maintenance.—** For the purposes of paragraph (3) of this subsection, in the case of ground or surface water contamination, completed [remedial action](/usc/42/9601.md?p=24) includes the completion of [treatment](/usc/42/9601.md?p=29) or other measures, whether taken onsite or offsite, necessary to restore ground and surface water quality to a level that assures protection of human health and the [environment](/usc/42/9601.md?p=8). With respect to such measures, the operation of such measures for a period of up to 10 years after the [construction](/usc/42/300s–3.md?p=7) or installation and commencement of operation shall be considered [remedial action](/usc/42/9601.md?p=24). Activities required to maintain the effectiveness of such measures following such period or the completion of [remedial action](/usc/42/9601.md?p=24), whichever is earlier, shall be considered operation or maintenance. - (7) **Limitation on Source of Funds for O&M.—** During any period after the availability of [funds](/usc/42/9601.md?p=11) received by the [Hazardous Substance](/usc/42/9601.md?p=14) Superfund established under subchapter A of [chapter 98](/usc/26/chstI/ch98.md) of title 26 from tax revenues or appropriations from general revenues, the Federal share of the payment of the cost of operation or maintenance pursuant to paragraph (3)(C)(i) or paragraph (6) of this subsection (relating to operation and maintenance) shall be from [funds](/usc/42/9601.md?p=11) received by the [Hazardous Substance](/usc/42/9601.md?p=14) Superfund from amounts recovered on behalf of such [fund](/usc/42/9601.md?p=11) under this chapter. - (8) **Recontracting.—** The President is authorized to undertake or continue whatever interim [remedial actions](/usc/42/9601.md?p=24) the President determines to be appropriate to reduce risks to public health or the [environment](/usc/42/9601.md?p=8) where the performance of a complete [remedial action](/usc/42/9601.md?p=24) requires recontracting because of the discovery of sources, types, or quantities of [hazardous substances](/usc/42/9601.md?p=14) not known at the time of entry into the original contract. The total cost of interim actions undertaken at a [facility](/usc/42/9601.md?p=9) pursuant to this paragraph shall not exceed $2,000,000. - (9) **Siting.—** Effective 3 years after October 17, 1986, the President shall not provide any [remedial actions](/usc/42/9601.md?p=24) pursuant to this section unless the [State](/usc/42/9601.md?p=27) in which the [release](/usc/42/9601.md?p=22) occurs first enters into a contract or cooperative agreement with the President providing assurances deemed adequate by the President that the [State](/usc/42/9601.md?p=27) will assure the availability of [hazardous waste](/usc/42/9601.md?p=29) [treatment](/usc/42/9601.md?p=29) or [disposal](/usc/42/9601.md?p=29) [facilities](/usc/42/9601.md?p=9) which— - (A) have adequate capacity for the destruction, [treatment](/usc/42/9601.md?p=29), or secure disposition of all [hazardous wastes](/usc/42/9601.md?p=29) that are reasonably expected to be generated within the [State](/usc/42/9601.md?p=27) during the 20-year period following the date of such contract or cooperative agreement and to be disposed of, treated, or destroyed, - (B) are within the [State](/usc/42/9601.md?p=27) or outside the [State](/usc/42/9601.md?p=27) in accordance with an interstate agreement or regional agreement or authority, - (C) are acceptable to the President, and - (D) are in compliance with the requirements of subtitle C of the Solid Waste Disposal Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.]. - (d) **Contracts or cooperative agreements by President with States or political subdivisions or Indian tribes; State applications, terms and conditions; reimbursements; cost-sharing provisions; enforcement requirements and procedures—** - (1) **Cooperative Agreements.—** - (A) **State applications.—** A [State](/usc/42/9601.md?p=27) or political subdivision thereof or [Indian tribe](/usc/42/9601.md?p=36) may apply to the President to carry out actions authorized in this section. If the President determines that the [State](/usc/42/9601.md?p=27) or political subdivision or [Indian tribe](/usc/42/9601.md?p=36) has the capability to carry out any or all of such actions in accordance with the criteria and priorities established pursuant to [section 9605(a)(8) of this title](/usc/42/9605.md?p=a-8) and to carry out related enforcement actions, the President may enter into a contract or cooperative agreement with the [State](/usc/42/9601.md?p=27) or political subdivision or [Indian tribe](/usc/42/9601.md?p=36) to carry out such actions. The President shall make a determination regarding such an application within 90 days after the President receives the application. - (B) **Terms and conditions.—** A contract or cooperative agreement under this paragraph shall be subject to such terms and conditions as the President may prescribe. The contract or cooperative agreement may cover a specific [facility](/usc/42/9601.md?p=9) or specific [facilities](/usc/42/9601.md?p=9). - (C) **Reimbursements.—** Any [State](/usc/42/9601.md?p=27) which expended [funds](/usc/42/9601.md?p=11) during the period beginning September 30, 1985, and ending on October 17, 1986, for [response](/usc/42/9601.md?p=25) actions at any site included on the National Priorities List and subject to a cooperative agreement under this chapter shall be reimbursed for the share of costs of such actions for which the Federal Government is responsible under this chapter. - (2) If the President enters into a cost-sharing agreement pursuant to [subsection (c)](#c) of this section or a contract or cooperative agreement pursuant to this subsection, and the [State](/usc/42/9601.md?p=27) or political subdivision thereof fails to comply with any requirements of the contract, the President may, after providing sixty days notice, seek in the appropriate Federal district court to enforce the contract or to recover any [funds](/usc/42/9601.md?p=11) advanced or any costs incurred because of the breach of the contract by the [State](/usc/42/9601.md?p=27) or political subdivision. - (3) Where a [State](/usc/42/9601.md?p=27) or a political subdivision thereof is acting in behalf of the President, the President is authorized to provide technical and legal assistance in the administration and enforcement of any contract or subcontract in connection with [response](/usc/42/9601.md?p=25) actions assisted under this subchapter, and to intervene in any civil action involving the enforcement of such contract or subcontract. - (4) Where two or more noncontiguous [facilities](/usc/42/9601.md?p=9) are reasonably related on the basis of geography, or on the basis of the threat, or potential threat to the public health or welfare or the [environment](/usc/42/9601.md?p=8), the President may, in his discretion, treat these related [facilities](/usc/42/9601.md?p=9) as one for purposes of this section. - (e) **Information gathering and access—** - (1) **Action authorized—** Any officer, employee, or representative of the President, duly designated by the President, is authorized to take action under paragraph [(2)](#e-2), [(3)](#e-3), or [(4)](#e-4) (or any combination thereof) at a [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, place, property, or location or, in the case of paragraph [(3)](#e-3) or [(4)](#e-4), at any [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, place, property, or location which is adjacent to the [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, place, property, or location referred to in such paragraph [(3)](#e-3) or [(4)](#e-4). Any duly designated officer, employee, or representative of a [State](/usc/42/9601.md?p=27) or political subdivision under a contract or cooperative agreement under [subsection (d)(1)](#d-1) is also authorized to take such action. The authority of paragraphs [(3)](#e-3) and [(4)](#e-4) may be exercised only if there is a reasonable basis to believe there may be a [release](/usc/42/9601.md?p=22) or threat of [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) or [pollutant or contaminant](/usc/42/9601.md?p=33). The authority of this subsection may be exercised only for the purposes of determining the need for [response](/usc/42/9601.md?p=25), or choosing or taking any [response](/usc/42/9601.md?p=25) action under this subchapter, or otherwise enforcing the provisions of this subchapter. - (2) **Access to information—** Any officer, employee, or representative described in [paragraph (1)](#e-1) may require any [person](/usc/42/9601.md?p=21) who has or may have information relevant to any of the following to furnish, upon reasonable notice, information or documents relating to such matter: - (A) The identification, nature, and quantity of materials which have been or are generated, treated, stored, or disposed of at a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) or transported to a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9). - (B) The nature or extent of a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) or [pollutant or contaminant](/usc/42/9601.md?p=33) at or from a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9). - (C) Information relating to the ability of a [person](/usc/42/9601.md?p=21) to pay for or to perform a cleanup. In addition, upon reasonable notice, such [person](/usc/42/9601.md?p=21) either (i) shall grant any such officer, employee, or representative access at all reasonable times to any [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, place, property, or location to inspect and copy all documents or records relating to such matters or (ii) shall copy and furnish to the officer, employee, or representative all such documents or records, at the option and expense of such [person](/usc/42/9601.md?p=21). - (3) **Entry—** Any officer, employee, or representative described in [paragraph (1)](#e-1) is authorized to enter at reasonable times any of the following: - (A) Any [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, or other place or property where any [hazardous substance](/usc/42/9601.md?p=14) or [pollutant or contaminant](/usc/42/9601.md?p=33) may be or has been generated, stored, treated, disposed of, or transported from. - (B) Any [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, or other place or property from which or to which a [hazardous substance](/usc/42/9601.md?p=14) or [pollutant or contaminant](/usc/42/9601.md?p=33) has been or may have been released. - (C) Any [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, or other place or property where such [release](/usc/42/9601.md?p=22) is or may be threatened. - (D) Any [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, or other place or property where entry is needed to determine the need for [response](/usc/42/9601.md?p=25) or the appropriate [response](/usc/42/9601.md?p=25) or to effectuate a [response](/usc/42/9601.md?p=25) action under this subchapter. - (4) **Inspection and samples—** - (A) **Authority—** Any officer, employee or representative described in [paragraph (1)](#e-1) is authorized to inspect and obtain samples from any [vessel](/usc/42/9601.md?p=28), [facility](/usc/42/9601.md?p=9), establishment, or other place or property referred to in [paragraph (3)](#e-3) or from any location of any suspected [hazardous substance](/usc/42/9601.md?p=14) or [pollutant or contaminant](/usc/42/9601.md?p=33). Any such officer, employee, or representative is authorized to inspect and obtain samples of any containers or labeling for suspected [hazardous substances](/usc/42/9601.md?p=14) or pollutants or contaminants. Each such inspection shall be completed with reasonable promptness. - (B) **Samples—** If the officer, employee, or representative obtains any samples, before leaving the premises he shall give to the [owner](/usc/42/13641.md?p=4), operator, tenant, or other [person](/usc/42/9601.md?p=21) in charge of the place from which the samples were obtained a receipt describing the sample obtained and, if requested, a portion of each such sample. A copy of the results of any analysis made of such samples shall be furnished promptly to the [owner](/usc/42/13641.md?p=4), operator, tenant, or other [person](/usc/42/9601.md?p=21) in charge, if such [person](/usc/42/9601.md?p=21) can be located. - (5) **Compliance orders—** - (A) **Issuance—** If consent is not granted regarding any request made by an officer, employee, or representative under paragraph [(2)](#e-2), [(3)](#e-3), or [(4)](#e-4), the President may issue an order directing compliance with the request. The order may be issued after such notice and opportunity for consultation as is reasonably appropriate under the circumstances. - (B) **Compliance—** The President may ask the Attorney General to commence a civil action to compel compliance with a request or order referred to in [subparagraph (A)](#e-5-A). Where there is a reasonable basis to believe there may be a [release](/usc/42/9601.md?p=22) or threat of a [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) or [pollutant or contaminant](/usc/42/9601.md?p=33), the court shall take the following actions: - (i) In the case of interference with entry or inspection, the court shall enjoin such interference or direct compliance with orders to prohibit interference with entry or inspection unless under the circumstances of the case the demand for entry or inspection is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law. - (ii) In the case of information or document requests or orders, the court shall enjoin interference with such information or document requests or orders or direct compliance with the requests or orders to provide such information or documents unless under the circumstances of the case the demand for information or documents is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law. The court may assess a civil penalty not to exceed $25,000 for each day of noncompliance against any [person](/usc/42/9601.md?p=21) who unreasonably fails to comply with the provisions of paragraph [(2)](#e-2), [(3)](#e-3), or [(4)](#e-4) or an order issued pursuant to subparagraph (A) of this paragraph. - (6) **Other authority—** Nothing in this subsection shall preclude the President from securing access or obtaining information in any other lawful manner. - (7) **Confidentiality of information—** - (A) Any records, reports, or information obtained from any [person](/usc/42/9601.md?p=21) under this section (including records, reports, or information obtained by representatives of the President) shall be available to the public, except that upon a showing satisfactory to the President (or the [State](/usc/42/9601.md?p=27), as the case may be) by any [person](/usc/42/9601.md?p=21) that records, reports, or information, or particular part thereof (other than health or safety effects data), to which the President (or the [State](/usc/42/9601.md?p=27), 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](/usc/18/1905.md), 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](/usc/42/9601.md?p=27) concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. - (B) Any [person](/usc/42/9601.md?p=21) not subject to the provisions of [section 1905 of title 18](/usc/18/1905.md) 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](/usc/42/9601.md?p=21) required to provide such data may (i) designate the data which such [person](/usc/42/9601.md?p=21) 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](/usc/42/9601.md?p=21) required to provide information under this chapter may [claim](/usc/42/9601.md?p=4) that the information is entitled to protection under this paragraph unless such [person](/usc/42/9601.md?p=21) shows each of the following: - (i) Such [person](/usc/42/9601.md?p=21) has not disclosed the information to any other [person](/usc/42/9601.md?p=21), 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](/usc/42/11001.md) et seq.], an officer or employee of the [United States](/usc/42/9601.md?p=27) or a [State](/usc/42/9601.md?p=27) or local government, an employee of such [person](/usc/42/9601.md?p=21), or a [person](/usc/42/9601.md?p=21) who is bound by a confidentiality agreement, and such [person](/usc/42/9601.md?p=21) 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](/usc/42/9601.md?p=27) law. - (iii) Disclosure of the information is likely to cause substantial harm to the competitive position of such [person](/usc/42/9601.md?p=21). - (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](/usc/42/9601.md?p=14) at the [facility](/usc/42/9601.md?p=9) or [vessel](/usc/42/9601.md?p=28) shall not be entitled to protection under this paragraph: - (i) The trade name, common name, or generic class or category of the [hazardous substance](/usc/42/9601.md?p=14). - (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](/usc/42/9601.md?p=8) 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](/usc/42/9601.md?p=9), establishment, place, or property being investigated, entered, or inspected under this subsection. - (v) The location of [disposal](/usc/42/9601.md?p=29) of any waste stream. - (vi) Any monitoring data or analysis of monitoring data pertaining to [disposal](/usc/42/9601.md?p=29) 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](/usc/42/9601.md?p=21) engaged in [response](/usc/42/9601.md?p=25) actions, the President or the [State](/usc/42/9601.md?p=27), in any case where it is awarding contracts pursuant to a contract entered into under [subsection (d)](#d) of this section, shall require compliance with Federal health and safety standards established under [section 9651(f) of this title](/usc/42/9651.md?p=f) 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](/usc/42/300s–3.md?p=7), repair, or alteration work funded in whole or in part under this section or [section 9628(a)(1)(B)(ii)(III) of this title](/usc/42/9628.md?p=a-1-B-ii-III) shall be paid wages at rates not less than those prevailing on [projects](/usc/42/13641.md?p=2) of a character similar in the locality as determined by the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/300s–3.md?p=7) work. - (2) The [Secretary](/usc/42/242q–4.md?p=2) of Labor shall have, with respect to the labor standards specified in [paragraph (1)](#g-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](/usc/40/3145.md). - (h) **Emergency procurement powers; exercise by President—** Notwithstanding any other provision of law, subject to the provisions of [section 9611 of this title](/usc/42/9611.md), 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](/usc/42/8262.md?p=1), to be known as the [Agency](/usc/42/8262.md?p=1) for Toxic Substances and Disease Registry, which shall report directly to the Surgeon General of the [United States](/usc/42/9601.md?p=27). The [Administrator](/usc/42/9601.md?p=2) of said [Agency](/usc/42/8262.md?p=1) shall, with the cooperation of the [Administrator](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1), the Commissioner of the Food and [Drug](/usc/42/11851.md?p=4) Administration, the [Directors](/usc/42/11851.md?p=5) 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](/usc/42/9601.md?p=2) of the Occupational Safety and Health Administration, the [Administrator](/usc/42/9601.md?p=2) of the Social Security Administration, the [Secretary](/usc/42/242q–4.md?p=2) of [Transportation](/usc/42/9601.md?p=26), and appropriate [State](/usc/42/9601.md?p=27) and local health officials, effectuate and implement the health related authorities of this chapter. In addition, said [Administrator](/usc/42/9601.md?p=2) shall— - (A) in cooperation with the [States](/usc/42/9601.md?p=27), establish and maintain a national registry of serious diseases and illnesses and a national registry of [persons](/usc/42/9601.md?p=21) 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](/usc/42/9601.md?p=27), and other [agencies](/usc/42/8262.md?p=1) 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](/usc/42/9601.md?p=21) shall be eligible for admission to [hospitals](/usc/42/300s–3.md?p=1) and other [facilities](/usc/42/9601.md?p=9) and services operated or provided by the Public Health Service. - (2) - (A) Within 6 months after October 17, 1986, the [Administrator](/usc/42/9601.md?p=2) of the [Agency](/usc/42/8262.md?p=1) for Toxic Substances and Disease Registry (ATSDR) and the [Administrator](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) (“EPA”) shall prepare a list, in order of priority, of at least 100 [hazardous substances](/usc/42/9601.md?p=14) which are most commonly found at [facilities](/usc/42/9601.md?p=9) 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](/usc/42/9601.md?p=9) on the National Priorities List or at [facilities](/usc/42/9601.md?p=9) to which a [response](/usc/42/9601.md?p=25) to a [release](/usc/42/9601.md?p=22) or a threatened [release](/usc/42/9601.md?p=22) under this section is under consideration. - (B) Within 24 months after October 17, 1986, the [Administrator](/usc/42/9601.md?p=2) of ATSDR and the [Administrator](/usc/42/9601.md?p=2) of EPA shall revise the list prepared under [subparagraph (A)](#i-2-A). Such revision shall include, in order of priority, the addition of 100 or more such [hazardous substances](/usc/42/9601.md?p=14). In each of the 3 consecutive 12-month periods that follow, the [Administrator](/usc/42/9601.md?p=2) of ATSDR and the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=14) per revision. The [Administrator](/usc/42/9601.md?p=2) of ATSDR and the [Administrator](/usc/42/9601.md?p=2) of EPA shall not less often than once every year thereafter revise such list to include additional [hazardous substances](/usc/42/9601.md?p=14) in accordance with the criteria in [subparagraph (A)](#i-2-A). - (3) Based on all available information, including information maintained under [paragraph (1)(B)](#i-1-B) and data developed and collected on the health effects of [hazardous substances](/usc/42/9601.md?p=14) under this paragraph, the [Administrator](/usc/42/9601.md?p=2) of ATSDR shall prepare toxicological profiles of each of the substances listed pursuant to [paragraph (2)](#i-2). The toxicological profiles shall be prepared in accordance with guidelines developed by the [Administrator](/usc/42/9601.md?p=2) of ATSDR and the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=14) 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](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=14) listed under [subparagraph (A)](#i-2-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)](#i-2-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)](#i-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](/usc/42/9601.md?p=27) and made available to other interested parties. - (4) The [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=2) of EPA, [State](/usc/42/9601.md?p=27) officials, and local officials. Such consultations to individuals may be provided by [States](/usc/42/9601.md?p=27) under cooperative agreements established under this chapter. - (5) - (A) For each [hazardous substance](/usc/42/9601.md?p=14) listed pursuant to [paragraph (2)](#i-2), the [Administrator](/usc/42/9601.md?p=2) of ATSDR (in consultation with the [Administrator](/usc/42/9601.md?p=2) of EPA and other [agencies](/usc/42/8262.md?p=1) 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](/usc/42/9601.md?p=2) of ATSDR, in cooperation with the [Director](/usc/42/11851.md?p=5) 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](/usc/42/9601.md?p=2) 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)](/usc/15/2603.md?p=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)](#i-5-A), the [Administrator](/usc/42/9601.md?p=2) 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)](#i-3); and - (iii) such other scientific and technical factors as the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=2) of ATSDR and the [Administrator](/usc/42/9601.md?p=2) 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](/usc/15/2601.md) et seq.] and the Federal Insecticide, Fungicide and Rodenticide Act [[7 U.S.C. 136](/usc/7/136.md) et seq.]. The purpose of such coordination shall be to avoid duplication of effort and to assure that the [hazardous substances](/usc/42/9601.md?p=14) 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](/usc/42/9601.md?p=14) in question, as required in programs of toxicological testing under the Toxic Substances Control Act [[15 U.S.C. 2601](/usc/15/2601.md) et seq.]. Within 1 year after October 17, 1986, the [Administrator](/usc/42/9601.md?p=2) 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](/usc/7/136.md) et seq.], and recovery of such costs from responsible parties under this chapter. - (6) - (A) The [Administrator](/usc/42/9601.md?p=2) of ATSDR shall perform a health assessment for each [facility](/usc/42/9601.md?p=9) on the National Priorities List established under [section 9605 of this title](/usc/42/9605.md). Such health assessment shall be completed not later than December 10, 1988, for each [facility](/usc/42/9601.md?p=9) 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](/usc/42/9601.md?p=9) proposed for inclusion on such list after October 17, 1986. - (B) The [Administrator](/usc/42/9601.md?p=2) of ATSDR may perform health assessments for [releases](/usc/42/9601.md?p=22) or [facilities](/usc/42/9601.md?p=9) where individual [persons](/usc/42/9601.md?p=21) or licensed physicians provide information that individuals have been exposed to a [hazardous substance](/usc/42/9601.md?p=14), for which the probable source of such exposure is a [release](/usc/42/9601.md?p=22). In addition to other methods (formal or informal) of providing such information, such individual [persons](/usc/42/9601.md?p=21) or licensed physicians may submit a petition to the [Administrator](/usc/42/9601.md?p=2) of ATSDR providing such information and requesting a health assessment. If such a petition is submitted and the [Administrator](/usc/42/9601.md?p=2) of ATSDR does not initiate a health assessment, the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=2) of ATSDR, in consultation with the [Administrator](/usc/42/9601.md?p=2) of EPA, shall give priority to those [facilities](/usc/42/9601.md?p=9) at which there is documented evidence of the [release](/usc/42/9601.md?p=22) of [hazardous substances](/usc/42/9601.md?p=14), at which the potential risk to human health appears highest, and for which in the judgment of the [Administrator](/usc/42/9601.md?p=2) of ATSDR existing health assessment data are inadequate to assess the potential risk to human health as provided in [subparagraph (F)](#i-6-F). In determining the priorities for conducting health assessments under this subsection, the [Administrator](/usc/42/9601.md?p=2) of ATSDR shall consider the National Priorities List schedules and the needs of the Environmental Protection [Agency](/usc/42/8262.md?p=1) and other Federal [agencies](/usc/42/8262.md?p=1) 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](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=9) concerned. - (E) Any [State](/usc/42/9601.md?p=27) or political subdivision carrying out a health assessment for a [facility](/usc/42/9601.md?p=9) shall report the results of the assessment to the [Administrator](/usc/42/9601.md?p=2) of ATSDR and the [Administrator](/usc/42/9601.md?p=2) of EPA and shall include recommendations with respect to further activities which need to be carried out under this section. The [Administrator](/usc/42/9601.md?p=2) of ATSDR shall [state](/usc/42/9601.md?p=27) such recommendation in any report on the results of any assessment carried out directly by the [Administrator](/usc/42/9601.md?p=2) of ATSDR for such [facility](/usc/42/9601.md?p=9) 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](/usc/42/9611.md?p=c-4), the term “health assessments” shall include preliminary assessments of the potential risk to human health posed by individual sites and [facilities](/usc/42/9601.md?p=9), 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](/usc/42/9601.md?p=14) and any available recommended exposure or tolerance limits for such [hazardous substances](/usc/42/9601.md?p=14), and the comparison of existing morbidity and mortality data on diseases that may be associated with the observed levels of exposure. The [Administrator](/usc/42/9601.md?p=2) of ATSDR shall use appropriate data, risk assessments, risk evaluations and studies available from the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=14) from a [facility](/usc/42/9601.md?p=9) and whether additional information on human exposure and associated health risks is needed and should be acquired by conducting epidemiological studies under [paragraph (7)](#i-7), establishing a registry under [paragraph (8)](#i-8), establishing a health surveillance program under [paragraph (9)](#i-9), or through other means. In using the results of health assessments for determining additional actions to be taken under this section, the [Administrator](/usc/42/9601.md?p=2) of ATSDR may consider additional information on the risks to the potentially affected population from all sources of such [hazardous substances](/usc/42/9601.md?p=14) including known point or nonpoint sources other than those from the [facility](/usc/42/9601.md?p=9) in question. - (H) At the completion of each health assessment, the [Administrator](/usc/42/9601.md?p=2) of ATSDR shall provide the [Administrator](/usc/42/9601.md?p=2) of EPA and each affected [State](/usc/42/9601.md?p=27) 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](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) concerned may pose a serious threat to human health or the [environment](/usc/42/9601.md?p=8), the [Administrator](/usc/42/9601.md?p=2) of ATSDR shall so notify the [Administrator](/usc/42/9601.md?p=2) of EPA who shall promptly evaluate such [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) in accordance with the hazard ranking system referred to in [section 9605(a)(8)(A) of this title](/usc/42/9605.md?p=a-8-A) to determine whether the site shall be placed on the National Priorities List or, if the site is already on the list, the [Administrator](/usc/42/9601.md?p=2) of ATSDR may recommend to the [Administrator](/usc/42/9601.md?p=2) of EPA that the site be accorded a higher priority. - (7) - (A) Whenever in the judgment of the [Administrator](/usc/42/9601.md?p=2) of ATSDR it is appropriate on the basis of the results of a health assessment, the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=2) of ATSDR it is appropriate on the basis of the results of such pilot study or other study or health assessment, the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=14) from a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22). 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](/usc/42/9601.md?p=22), 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](/usc/42/9601.md?p=2) of ATSDR shall consider whether the establishment of a registry of exposed [persons](/usc/42/9601.md?p=21) 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](/usc/42/9601.md?p=2) of ATSDR has determined that there is a significant increased risk of adverse health effects in humans from exposure to [hazardous substances](/usc/42/9601.md?p=14) based on the results of a health assessment conducted under [paragraph (6)](#i-6), an epidemiologic study conducted under [paragraph (7)](#i-7), or an exposure registry that has been established under [paragraph (8)](#i-8), and the [Administrator](/usc/42/9601.md?p=2) of ATSDR has determined that such exposure is the result of a [release](/usc/42/9601.md?p=22) from a [facility](/usc/42/9601.md?p=9), the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=29) 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](/usc/42/9601.md?p=2) of ATSDR shall prepare and submit to the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=14) which have been listed under [paragraph (2)](#i-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)](#i-8); and - (E) an overall assessment, based on the results of activities conducted by the [Administrator](/usc/42/9601.md?p=2) of ATSDR, of the linkage between human exposure to individual or combinations of [hazardous substances](/usc/42/9601.md?p=14) due to [releases](/usc/42/9601.md?p=22) from [facilities](/usc/42/9601.md?p=9) covered by this chapter or the Solid Waste Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) 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](/usc/42/9601.md?p=34), and - (B) permanent or temporary relocation of individuals. In any case in which information is insufficient, in the judgment of the [Administrator](/usc/42/9601.md?p=2) of ATSDR or the President to determine a significant human exposure level with respect to a [hazardous substance](/usc/42/9601.md?p=14), the President may take such steps as may be necessary to reduce the exposure of any [person](/usc/42/9601.md?p=21) to such [hazardous substance](/usc/42/9601.md?p=14) 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](/usc/42/9601.md?p=2) of ATSDR, or the [Administrator](/usc/42/9601.md?p=2) of EPA to exercise any authority vested in the President, the [Administrator](/usc/42/9601.md?p=2) of ATSDR or the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/6973.md)]) or the [response](/usc/42/9601.md?p=25) 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](/usc/42/9601.md?p=2) of ATSDR or the [Administrator](/usc/42/9601.md?p=2) of EPA, as appropriate, on the basis of their reputation for scientific objectivity and the lack of institutional ties with any [person](/usc/42/9601.md?p=21) involved in the conduct of the study or research under review. Support services for such panels shall be provided by the [Agency](/usc/42/8262.md?p=1) for Toxic Substances and Disease Registry, or by the Environmental Protection [Agency](/usc/42/8262.md?p=1), as appropriate. - (14) In the implementation of this subsection and other health-related authorities of this chapter, the [Administrator](/usc/42/9601.md?p=2) of ATSDR shall assemble, develop as necessary, and distribute to the [States](/usc/42/9601.md?p=27), 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](/usc/42/9601.md?p=29) of injury or disease related to exposure to [hazardous substances](/usc/42/9601.md?p=14) (giving priority to those listed in [paragraph (2)](#i-2)), through such means as the [Administrator](/usc/42/9601.md?p=2) of ATSDR deems appropriate. - (15) The activities of the [Administrator](/usc/42/9601.md?p=2) of ATSDR described in this subsection and [section 9611(c)(4) of this title](/usc/42/9611.md?p=c-4) shall be carried out by the [Administrator](/usc/42/9601.md?p=2) of ATSDR, either directly or through cooperative agreements with [States](/usc/42/9601.md?p=27) (or political subdivisions thereof) which the [Administrator](/usc/42/9601.md?p=2) 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)](/usc/42/6939a.md?p=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](/usc/42/9620.md) (relating to [Federal facilities](/usc/42/17061.md?p=8)), the [Administrator](/usc/42/9601.md?p=2) of ATSDR shall have the same authorities under this section with respect to [facilities](/usc/42/9601.md?p=9) owned or operated by a department, [agency](/usc/42/8262.md?p=1), or instrumentality of the [United States](/usc/42/9601.md?p=27) as the [Administrator](/usc/42/9601.md?p=2) of ATSDR has with respect to any nongovernmental entity. - (18) If the [Administrator](/usc/42/9601.md?p=2) of ATSDR determines that it is appropriate for purposes of this section to treat a [pollutant or contaminant](/usc/42/9601.md?p=33) as a [hazardous substance](/usc/42/9601.md?p=14), such [pollutant or contaminant](/usc/42/9601.md?p=33) shall be treated as a [hazardous substance](/usc/42/9601.md?p=14) 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](/usc/42/9601.md?p=24) 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)](#j-1) for a [remedial action](/usc/42/9601.md?p=24) only if, before an interest in real estate is acquired under this subsection, the [State](/usc/42/9601.md?p=27) in which the interest to be acquired is located assures the President, through a contract or cooperative agreement or otherwise, that the [State](/usc/42/9601.md?p=27) will accept transfer of the interest following completion of the [remedial action](/usc/42/9601.md?p=24). - (3) **Exemption—** No Federal, [State](/usc/42/9601.md?p=27), or local government [agency](/usc/42/8262.md?p=1) shall be [liable](/usc/42/9601.md?p=32) 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](/usc/42/9601.md?p=27) legislature; - (D) a regional council or group of general purpose units of local government; - (E) a redevelopment [agency](/usc/42/8262.md?p=1) that is chartered or otherwise sanctioned by a [State](/usc/42/9601.md?p=27); - (F) a [State](/usc/42/9601.md?p=27); - (G) an [Indian Tribe](/usc/42/9601.md?p=36) other than in Alaska; - (H) an Alaska Native Regional [Corporation](/usc/42/2297h.md?p=2) and an Alaska Native Village [Corporation](/usc/42/2297h.md?p=2) as those terms are defined in the Alaska Native [Claims](/usc/42/9601.md?p=4) Settlement Act ([43 U.S.C. 1601](/usc/43/1601.md) and following) and the Metlakatla Indian community; - (I) an organization described in [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3) and exempt from taxation under [section 501(a)](/usc/42/501.md) of that title; - (J) a limited [liability](/usc/42/9601.md?p=32) [corporation](/usc/42/2297h.md?p=2) in which all managing members are organizations described in [subparagraph (I)](#k-1-I) or limited [liability](/usc/42/9601.md?p=32) [corporations](/usc/42/2297h.md?p=2) whose sole members are organizations described in [subparagraph (I)](#k-1-I); - (K) a limited partnership in which all general partners are organizations described in [subparagraph (I)](#k-1-I) or limited [liability](/usc/42/9601.md?p=32) [corporations](/usc/42/2297h.md?p=2) whose sole members are organizations described in [subparagraph (I)](#k-1-I); or - (L) a qualified community development entity (as defined in [section 45D(c)(1) of title 26](/usc/26/45D.md?p=c-1)). - (2) **Brownfield site characterization and assessment grant program—** - (A) **Establishment of program—** The [Administrator](/usc/42/9601.md?p=2) shall establish a program to— - (i) provide grants to inventory, characterize, assess, and conduct planning related to [brownfield sites](/usc/42/9601.md?p=39-A) under [subparagraph (B)](#k-2-B); and - (ii) perform targeted site assessments at [brownfield sites](/usc/42/9601.md?p=39-A). - (B) **Assistance for site characterization and assessment—** - (i) **In general—** On approval of an application made by an eligible entity, the [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=39-A). - (ii) **Site characterization and assessment—** A site characterization and assessment carried out with the use of a grant under [clause (i)](#k-2-B-i) shall be performed in accordance with [section 9601(35)(B) of this title](/usc/42/9601.md?p=35-B). - (C) **Exemption for certain publicly owned brownfield sites—** Notwithstanding [paragraph (5)(B)(iii)](#k-5-B-iii), an eligible entity described in any of subparagraphs [(A)](#k-1-A) through [(H)](#k-1-H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if the eligible entity does not qualify as a [bona fide prospective purchaser](/usc/42/9601.md?p=40-A), so long as the eligible entity has not caused or contributed to a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) at the property. - (3) **Grants and loans for brownfield remediation—** - (A) **Grants provided by the President—** Subject to paragraphs [(5)](#k-5) and [(6)](#k-6), the President shall establish a program to provide grants to— - (i) eligible entities, to be used for capitalization of revolving loan [funds](/usc/42/9601.md?p=11); and - (ii) eligible entities or [nonprofit](/usc/42/300s–3.md?p=3) organizations, where warranted, as determined by the President based on considerations under [subparagraph (C)](#k-3-C), to be used directly for remediation of one or more [brownfield sites](/usc/42/9601.md?p=39-A) owned by the entity or organization that receives the grant and in amounts not to exceed $500,000 for each site to be remediated, which limit may be waived by the [Administrator](/usc/42/9601.md?p=2), but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site. - (B) **Loans and grants provided by eligible entities—** An eligible entity that receives a grant under [subparagraph (A)(i)](#k-3-A-i) shall use the grant [funds](/usc/42/9601.md?p=11) to provide assistance for the remediation of [brownfield sites](/usc/42/9601.md?p=39-A) in the form of— - (i) one or more loans to an eligible entity, a site [owner](/usc/42/13641.md?p=4), a site developer, or another [person](/usc/42/9601.md?p=21); or - (ii) one or more grants to an eligible entity or other [nonprofit](/usc/42/300s–3.md?p=3) organization, where warranted, as determined by the eligible entity that is providing the assistance, based on considerations under [subparagraph (C)](#k-3-C), to remediate sites owned by the eligible entity or [nonprofit](/usc/42/300s–3.md?p=3) organization that receives the grant. - (C) **Considerations—** In determining whether a grant under subparagraph [(A)(ii)](#k-3-A-ii) or [(B)(ii)](#k-3-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](/usc/42/300s–3.md?p=3) 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](/usc/42/9601.md?p=39-A) 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](/usc/42/9601.md?p=11) from a revolving loan [fund](/usc/42/9601.md?p=11) for brownfield remediation; and - (v) such other similar factors as the [Administrator](/usc/42/9601.md?p=2) considers appropriate to consider for the purposes of this subsection. - (D) **Transition—** Revolving loan [funds](/usc/42/9601.md?p=11) that have been established before January 11, 2002, may be used in accordance with this paragraph. - (E) **Exemption for certain publicly owned brownfield sites—** Notwithstanding [paragraph (5)(B)(iii)](#k-5-B-iii), an eligible entity described in any of subparagraphs [(A)](#k-1-A) through [(H)](#k-1-H) of paragraph (1) may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if the eligible entity does not qualify as a [bona fide prospective purchaser](/usc/42/9601.md?p=40-A), so long as the eligible entity has not caused or contributed to a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) at the property. - (4) **Multipurpose brownfields grants—** - (A) **In general—** Subject to [subparagraph (D)](#k-4-D) and paragraphs [(5)](#k-5) and [(6)](#k-6), the [Administrator](/usc/42/9601.md?p=2) shall establish a program to provide multipurpose grants to an eligible entity based on the criteria under [subparagraph (C)](#k-4-C) and the considerations under [paragraph (3)(C)](#k-3-C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more [brownfield sites](/usc/42/9601.md?p=39-A) in an area proposed by the eligible entity. - (B) **Grant amounts—** - (i) **Individual grant amounts—** Each grant awarded under this paragraph shall not exceed $1,000,000. - (ii) **Cumulative grant amounts—** The total amount of grants awarded for each fiscal year under this paragraph may not exceed 15 percent of the [funds](/usc/42/9601.md?p=11) made available for the fiscal year to carry out this subsection. - (C) **Criteria—** In awarding a grant under this paragraph, the [Administrator](/usc/42/9601.md?p=2) shall consider the extent to which the eligible entity is able— - (i) to provide an overall plan for revitalization of the 1 or more [brownfield sites](/usc/42/9601.md?p=39-A) in the proposed area in which the multipurpose grant will be used; - (ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and - (iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more [brownfield sites](/usc/42/9601.md?p=39-A) in the proposed area. - (D) **Condition—** As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant by not later than the date that is 5 years after the date on which the grant is awarded to the eligible entity, unless the [Administrator](/usc/42/9601.md?p=2) provides an extension. - (E) **Ownership—** An eligible entity that receives a grant under this paragraph may not expend any of the grant [funds](/usc/42/9601.md?p=11) for the remediation of a [brownfield site](/usc/42/9601.md?p=39-A) unless the eligible entity owns the [brownfield site](/usc/42/9601.md?p=39-A). - (5) **General provisions—** - (A) **Maximum grant amount—** - (i) **Brownfield site characterization and assessment—** - (I) **In general—** A grant under [paragraph (2)](#k-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](/usc/42/9601.md?p=39-A) covered by the grant, $200,000. - (II) **Waiver—** The [Administrator](/usc/42/9601.md?p=2) may waive the $200,000 limitation under [subclause (I)](#k-5-A-i-I) to permit the [brownfield site](/usc/42/9601.md?p=39-A) 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)](#k-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](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=11); - (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](/usc/42/9601.md?p=11) to enhance remediation and provide [funds](/usc/42/9601.md?p=11) on a continuing basis; and - (IV) such other similar factors as the [Administrator](/usc/42/9601.md?p=2) considers appropriate to carry out this subsection. - (B) **Prohibition—** 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) a [response](/usc/42/9601.md?p=25) cost at a [brownfield site](/usc/42/9601.md?p=39-A) for which the recipient of the grant or loan is potentially [liable](/usc/42/9601.md?p=32) under [section 9607 of this title](/usc/42/9607.md); or - (iv) a cost of compliance with any Federal law (including a Federal law specified in [section 9601(39)(B) of this title](/usc/42/9601.md?p=39-B)), excluding the cost of compliance with laws applicable to the cleanup. - (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](/usc/42/9601.md?p=11) to develop and implement a brownfields program that may include— - (i) monitoring the health of populations exposed to one or more [hazardous substances](/usc/42/9601.md?p=14) from a [brownfield site](/usc/42/9601.md?p=39-A); and - (ii) monitoring and enforcement of any institutional control used to prevent human exposure to any [hazardous substance](/usc/42/9601.md?p=14) from a [brownfield site](/usc/42/9601.md?p=39-A). - (D) **Insurance—** A recipient of a grant or loan awarded under paragraph [(2)](#k-2), [(3)](#k-3), or [(4)](#k-4) that performs a characterization, assessment, or remediation of a [brownfield site](/usc/42/9601.md?p=39-A) may use a portion of the grant or loan to purchase insurance for the characterization, assessment, or remediation of that site. - (E) **Administrative costs—** - (i) **In general—** An eligible entity may use up to 5 percent of the amounts made available under a grant or loan under this subsection for administrative costs. - (ii) **Restriction—** For purposes of [clause (i)](#k-5-E-i), the term “administrative costs” does not include— - (I) investigation and identification of the extent of contamination of a [brownfield site](/usc/42/9601.md?p=39-A); - (II) design and performance of a [response](/usc/42/9601.md?p=25) action; or - (III) monitoring of a natural resource. - (6) **Grant applications—** - (A) **Submission—** - (i) **In general—** - (I) **Application—** An eligible entity may submit to the [Administrator](/usc/42/9601.md?p=2), through a regional office of the Environmental Protection [Agency](/usc/42/8262.md?p=1) and in such form as the [Administrator](/usc/42/9601.md?p=2) may require, an application for a grant under this subsection for one or more [brownfield sites](/usc/42/9601.md?p=39-A) (including information on the criteria used by the [Administrator](/usc/42/9601.md?p=2) to rank applications under [subparagraph (C)](#k-6-C), to the extent that the information is available). - (II) **NCP requirements—** The [Administrator](/usc/42/9601.md?p=2) may include in any requirement for submission of an application under [subclause (I)](#k-6-A-i-I) a requirement of the [National Contingency Plan](/usc/42/9601.md?p=31) only to the extent that the requirement is relevant and appropriate to the program under this subsection. - (ii) **Coordination—** The [Administrator](/usc/42/9601.md?p=2) shall coordinate with other Federal [agencies](/usc/42/8262.md?p=1) to assist in making eligible entities aware of other available Federal resources. - (iii) **Guidance—** The [Administrator](/usc/42/9601.md?p=2) shall publish guidance to assist eligible entities in applying for grants under this subsection. - (B) **Approval—** The [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=2) determines have the highest rankings under the ranking criteria established under [subparagraph (C)](#k-6-C). - (C) **Ranking criteria—** The [Administrator](/usc/42/9601.md?p=2) 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](/usc/42/9601.md?p=11) for environmental assessment or remediation, and subsequent reuse, of an area in which one or more [brownfield sites](/usc/42/9601.md?p=39-A) are located. - (ii) The potential of the proposed [project](/usc/42/13641.md?p=2) or the development plan for an area in which one or more [brownfield sites](/usc/42/9601.md?p=39-A) 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](/usc/42/9601.md?p=8), 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](/usc/42/9601.md?p=14), 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](/usc/42/300s–3.md?p=3) 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](/usc/42/9601.md?p=39-A) 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](/usc/42/9601.md?p=39-A). - (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. - (xi) The extent to which a grant would address a site adjacent to a body of water or a federally designated flood plain. - (xii) The extent to which a grant would facilitate— - (I) the location at a [brownfield site](/usc/42/9601.md?p=39-A) of a [facility](/usc/42/9601.md?p=9) that [generates](/usc/42/2021b.md?p=8) renewable electricity from wind, solar, or geothermal energy; or - (II) any energy efficiency improvement [project](/usc/42/13641.md?p=2) at a [brownfield site](/usc/42/9601.md?p=39-A), including a [project](/usc/42/13641.md?p=2) for a combined heat and power system or a district energy system. - (D) **Report on ranking criteria—** Not later than September 30, 2022, the [Administrator](/usc/42/9601.md?p=2) shall submit to Congress a report regarding the [Administrator](/usc/42/9601.md?p=2)’s use of the ranking criteria described in [subparagraph (C)](#k-6-C) in awarding grants under this subsection. - (7) **Implementation of brownfields programs—** - (A) **Establishment of program—** The [Administrator](/usc/42/9601.md?p=2) may provide, or [fund](/usc/42/9601.md?p=11) eligible entities or [nonprofit](/usc/42/300s–3.md?p=3) organizations to provide, training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of [brownfield sites](/usc/42/9601.md?p=39-A), site assessments, remediation of [brownfield sites](/usc/42/9601.md?p=39-A), community involvement, or site preparation. - (B) **Funding restrictions—** The total Federal [funds](/usc/42/9601.md?p=11) to be expended by the [Administrator](/usc/42/9601.md?p=2) under this paragraph shall not exceed 15 percent of the total amount appropriated to carry out this subsection in any fiscal year. - (8) **Audits—** - (A) **In general—** The Inspector General of the Environmental Protection [Agency](/usc/42/8262.md?p=1) 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 Government Accountability Office, including chapter 75 of title 31. - (C) **Violations—** If the [Administrator](/usc/42/9601.md?p=2) determines that a [person](/usc/42/9601.md?p=21) that receives a grant or loan under this subsection has violated or is in [violation](/usc/42/2000e–16a.md?p=c) of a condition of the grant, loan, or applicable Federal law, the [Administrator](/usc/42/9601.md?p=2) may— - (i) terminate the grant or loan; - (ii) require the [person](/usc/42/9601.md?p=21) to repay any [funds](/usc/42/9601.md?p=11) received; and - (iii) seek any other legal [remedies](/usc/42/9601.md?p=24) available to the [Administrator](/usc/42/9601.md?p=2). - (D) **Report to Congress—** Not later than September 30, 2022, the Inspector General of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall submit to Congress a report that provides a description of the management of the program (including a description of the [allocation](/usc/42/2021b.md?p=2) of [funds](/usc/42/9601.md?p=11) under this subsection). - (9) **Leveraging—** An eligible entity that receives a grant under this subsection may use the grant [funds](/usc/42/9601.md?p=11) for a portion of a [project](/usc/42/13641.md?p=2) at a [brownfield site](/usc/42/9601.md?p=39-A) for which funding is received from other sources if the grant [funds](/usc/42/9601.md?p=11) are used only for the purposes described in paragraph [(2)](#k-2), [(3)](#k-3), or [(4)](#k-4). - (10) **Agreements—** Each grant or loan made under this subsection shall— - (A) include a requirement of the [National Contingency Plan](/usc/42/9601.md?p=31) only to the extent that the requirement is relevant and appropriate to the program under this subsection, as determined by the [Administrator](/usc/42/9601.md?p=2); and - (B) be subject to an agreement that— - (i) requires the recipient to— - (I) comply with all applicable Federal and [State](/usc/42/9601.md?p=27) laws; and - (II) ensure that the cleanup protects human health and the [environment](/usc/42/9601.md?p=8); - (ii) requires that the recipient use the grant or loan exclusively for purposes specified in paragraph [(2)](#k-2), [(3)](#k-3), or [(4)](#k-4), as applicable; - (iii) in the case of an application by an eligible entity under [paragraph (3)(A)](#k-3-A), requires the eligible entity to pay a matching share (which may be in the form of a contribution of labor, material, or services) of at least 20 percent, from non-Federal sources of funding, unless the [Administrator](/usc/42/9601.md?p=2) determines that the matching share would place an undue hardship on the eligible entity; and - (iv) contains such other terms and conditions as the [Administrator](/usc/42/9601.md?p=2) determines to be necessary to carry out this subsection. - (11) **Facility other than brownfield site—** The fact that a [facility](/usc/42/9601.md?p=9) may not be a [brownfield site](/usc/42/9601.md?p=39-A) within the meaning of [section 9601(39)(A) of this title](/usc/42/9601.md?p=39-A) has no effect on the eligibility of the [facility](/usc/42/9601.md?p=9) for assistance under any other provision of Federal law. - (12) **Effect on Federal laws—** Nothing in this subsection affects any [liability](/usc/42/9601.md?p=32) or [response](/usc/42/9601.md?p=25) authority under any Federal law, including— - (A) this chapter (including the last sentence of [section 9601(14) of this title](/usc/42/9601.md?p=14)); - (B) the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.); - (C) the Federal Water Pollution Control Act ([33 U.S.C. 1251](/usc/33/1251.md) et seq.); - (D) the Toxic Substances Control Act ([15 U.S.C. 2601](/usc/15/2601.md) et seq.); and - (E) the Safe Drinking Water Act ([42 U.S.C. 300f](/usc/42/300f.md) et seq.). - (13) **Authorization of appropriations—** There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2019 through 2023. ## Footnotes [^1]: So in original. Probably should be followed by a comma. ## Source credit (Pub. L. 96–510, title I, § 104, Dec. 11, 1980, 94 Stat. 2774; Pub. L. 99–499, title I, §§ 104, 110, title II, § 207(b), Oct. 17, 1986, 100 Stat. 1617, 1636, 1705; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–531, title III, § 312(h), Oct. 27, 1992, 106 Stat. 3506; Pub. L. 107–118, title II, § 211(b), Jan. 11, 2002, 115 Stat. 2362; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–59, title I, § 1956, Aug. 10, 2005, 119 Stat. 1515; Pub. L. 115–141, div. N, §§ 6–13, 14(b), Mar. 23, 2018, 132 Stat. 1054–1058.) ## Notes ### Editorial Notes ### References in Text This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. The Solid Waste Disposal Act, referred to in subsecs. (c)(3), (9)(D), (i)(10)(E), and (k)(12)(B), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended 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. Subtitle C of the Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. Title III of the Amendments and Reauthorization Act of 1986, referred to in subsec. (e)(7)(E)(i), probably means title III of the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728, known as the Emergency Planning and Community Right-To-Know Act of 1986, which is classified generally to chapter 116 (§ 11001 et seq.) of this title. For complete classification of title III to the Code, see Short Title note set out under section 11001 of this title and Tables. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (g)(2), is set out in the Appendix to Title 5, Government Organization and Employees. The Toxic Substances Control Act, referred to in subsecs. (i)(5)(C), (D) and (k)(12)(D), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (i)(5)(C), (D), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92–516, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (k)(1)(H), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Federal Water Pollution Control Act, referred to in subsec. (k)(12)(C), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Safe Drinking Water Act, referred to in subsec. (k)(12)(E), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. ### Codification In subsec. (g)(1), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act” and, in subsec. (g)(2), “section 3145 of title 40” substituted for “section 276c of title 40 of the United States Code”, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. ### Amendments 2018—Subsec. (g)(1). Pub. L. 115–141, § 14(b), inserted “or section 9628(a)(1)(B)(ii)(III) of this title” after “under this section”. Subsec. (k). Pub. L. 115–141, § 9(4), substituted “paragraph (2), (3), or (4)” for “paragraph (2) or (3)” wherever appearing. Subsec. (k)(1)(I) to (L). Pub. L. 115–141, § 6, added subpars. (I) to (L). Subsec. (k)(2)(C). Pub. L. 115–141, § 7(1), added subpar. (C). Subsec. (k)(3)(A). Pub. L. 115–141, § 9(2), substituted “Subject to paragraphs (5) and (6)” for “Subject to paragraphs (4) and (5)” in introductory provisions. Subsec. (k)(3)(A)(ii). Pub. L. 115–141, § 8, substituted “$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site” for “$200,000 for each site to be remediated”. Subsec. (k)(3)(E). Pub. L. 115–141, § 7(2), added subpar. (E). Subsec. (k)(4). Pub. L. 115–141, § 9(3), added par. (4). Former par. (4) redesignated (5). Subsec. (k)(5). Pub. L. 115–141, § 9(1), redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (k)(5)(B). Pub. L. 115–141, § 10(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to prohibited uses of grants or loans under subsec. (k). Subsec. (k)(5)(E). Pub. L. 115–141, § 10(2), added subpar. (E). Subsec. (k)(6). Pub. L. 115–141, § 9(1), redesignated par. (5) as (6). Former par. (6) redesignated (7). Subsec. (k)(6)(C)(xi), (xii). Pub. L. 115–141, § 11(a), added cls. (xi) and (xii). Subsec. (k)(6)(D). Pub. L. 115–141, § 11(b), added subpar. (D). Subsec. (k)(7). Pub. L. 115–141, § 9(1), redesignated par. (6) as (7). Former par. (7) redesignated (8). Subsec. (k)(8). Pub. L. 115–141, § 9(1), redesignated par. (7) as (8). Former par. (8) redesignated (9). Subsec. (k)(8)(D). Pub. L. 115–141, § 12, substituted “September 30, 2022” for “3 years after January 11, 2002”. Subsec. (k)(9) to (12). Pub. L. 115–141, § 9(1), redesignated pars. (8) to (11) as (9) to (12), respectively. Former par. (12) redesignated (13). Subsec. (k)(13). Pub. L. 115–141, § 13, amended par. (13) generally. Prior to amendment, par. (13) authorized appropriations for fiscal years 2002 through 2006 and specified conditions on use of certain funds. Pub. L. 115–141, § 9(1), redesignated par. (12) as (13). 2005—Subsec. (k)(4)(B)(iii). Pub. L. 109–59 added cl. (iii). 2004—Subsec. (k)(7)(B). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 2002—Subsec. (k). Pub. L. 107–118 added subsec. (k). 1992—Subsec. (i)(1). Pub. L. 102–531 substituted “Centers for Disease Control and Prevention” for “Centers for Disease Control”. 1986—Subsec. (a)(1). Pub. L. 99–499, § 104(a), substituted provisions authorizing the President to allow owner or operator of facility or vessel or any other responsible party to carry out action, conduct the remedial investigation, or conduct feasibility study under section 9622 of this title, specifying conditions under which a remedial investigation or feasibility study would be authorized, providing for treatment of potentially responsible parties, and requiring President to give primary attention to those releases which the President deems may present a public health threat, for “, unless the President determines that such removal and remedial action will be done properly by the owner or operator of the vessel or facility from which the release or threat of release emanates, or by any other responsible party.” Subsec. (a)(2). Pub. L. 99–499, § 104(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purposes of this section, ‘pollutant or contaminant’ shall include, but not be limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. The term does not include petroleum, including crude oil and any fraction thereof which is not otherwise specifically listed or designated as hazardous substances under section 9601(14)(A) through (F) of this title, nor does it include natural gas, liquefied natural gas, or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas).” Subsec. (a)(3), (4). Pub. L. 99–499, § 104(c), added pars. (3) and (4). Subsec. (b). Pub. L. 99–499, § 104(d), designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2). Subsec. (c)(1). Pub. L. 99–499, § 104(e)(1), substituted “$2,000,000” for “$1,000,000” and “12 months” for “six months”. Subsec. (c)(1)(C). Pub. L. 99–499, § 104(e)(2), added cl. (C). Subsec. (c)(3). Pub. L. 99–499, §§ 104(f), 207(b), substituted text of cl. (C)(ii) and sentence providing that “facility” does not include navigable waters or beds underlying those waters for “(ii) at least 50 per centum or such greater amount as the President may determine appropriate, taking into account the degree of responsibility of the State or political subdivision, of any sums expended in response to a release at a facility that was owned at the time of any disposal of hazardous substances therein by the State or a political subdivision thereof. The President shall grant the State a credit against the share of the costs for which it is responsible under this paragraph for any documented direct out-of-pocket non-Federal funds expended or obligated by the State or a political subdivision thereof after January 1, 1978, and before December 11, 1980, for cost-eligible response actions and claims for damages compensable under section 9611 of this title relating to the specific release in question: Provided, however, That in no event shall the amount of the credit granted exceed the total response costs relating to the release.” and inserted provisions relating to remedial action to be taken on land or water held by an Indian tribe, held by the United States in trust for Indians, held by a member of an Indian Tribe (if such land or water is subject to a trust restriction on alienation), or otherwise within the borders of an Indian reservation. Subsec. (c)(4). Pub. L. 99–499, § 104(g), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The President shall select appropriate remedial actions determined to be necessary to carry out this section which are to the extent practicable in accordance with the national contingency plan and which provide for that cost-effective response which provides a balance between the need for protection of public health and welfare and the environment at the facility under consideration, and the availability of amounts from the Fund established under subchapter II of this chapter to respond to other sites which present or may present a threat to public health or welfare or the environment, taking into consideration the need for immediate action.” Subsec. (c)(5). Pub. L. 99–499, § 104(h), added par. (5). Subsec. (c)(6). Pub. L. 99–499, § 104(i), added par. (6). Subsec. (c)(7). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. Pub. L. 99–499, § 104(i), added par. (7). Subsec. (c)(8). Pub. L. 99–499, § 104(j), added par. (8). Subsec. (c)(9). Pub. L. 99–499, § 104(k), added par. (9). Subsec. (d)(1). Pub. L. 99–499, § 104(l), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Where the President determines that a State or political subdivision thereof has the capability to carry out any or all of the actions authorized in this section, the President may, in his discretion, enter into a contract or cooperative agreement with such State or political subdivision to take such actions in accordance with criteria and priorities established pursuant to section 9605(8) of this title and to be reimbursed for the reasonable response costs thereof from the Fund. Any contract made hereunder shall be subject to the cost-sharing provisions of subsection (c) of this section.” Subsec. (e)(1). Pub. L. 99–499, § 104(m), added par. (1), and struck out former par. (1) which provided for access to, and copying of, records relating to covered substances, and entry by officers, employees or representatives of the President or a State into places where hazardous substances were or had been generated, stored, treated or disposed of, or transported from, and inspection and obtaining of samples of such substances and samples of containers or labeling for such substances. Subsec. (e)(2) to (6). Pub. L. 99–499, § 104(m), added pars. (2) to (6). Former par. (2) redesignated (7). Subsec. (e)(7). Pub. L. 99–499, § 104(m), (n), redesignated par. (2) as (7), aligned margin of par. (7) with pars. (1) through (6), and added par. heading and subpars. (E) and (F). Subsec. (i). Pub. L. 99–499, § 110, designated existing provisions as par. (1), redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1), in introductory provisions of par. (1), struck out “and” after “Health Administration,” and inserted “the Secretary of Transportation, and appropriate State and local health officials,” in par. (1)(D), inserted “where appropriate”, and added pars. (2) to (18). Subsec. (j). Pub. L. 99–499, § 104(o)(1), added subsec. (j). ### Statutory Notes and Related Subsidiaries ### Administrator of the Agency for Toxic Substances and Disease Registry Director of the Centers for Disease Control and Prevention to serve as the Administrator of the Agency for Toxic Substances and Disease Registry consistent with subsec. (i) of this section, see section 242c(a) of this title. ### Termination of Reporting Requirements For termination, effective May 15, 2000, of provisions in subsec. (i)(10) of this section relating to the requirement that the Administrator of ATSDR submit a biennial report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 13th item on page 154 of House Document No. 103–7. ### Coordination of Titles I to IV of Pub. L. 99–499 Any provision of titles I to IV of Pub. L. 99–499, imposing any tax, premium, or fee; establishing any trust fund; or authorizing expenditures from any trust fund, to have no force or effect, see section 531 of Pub. L. 99–499, set out as a note under section 1 of Title 26, Internal Revenue Code.