Benefits of Brownfields Legislation — Summary of Public Law 107-118

This document presents a summary of Public Law 107-118. It does not constitute a statement of EPA policy, interpretation, or guidance.

Small Business Liability Relief (Title I)

Exempts certain small volume contributors from Superfund liability
Exempts certain contributors of municipal solid waste from Superfund liability
Shifts court costs and attorneys fees to a private party if a private party loses a Superfund contribution action against de micromis or municipal solid waste exempt party

Brownfields Program (Title II - Subtitle A)

Provides legislative authority for brownfields program including grants for assessment and cleanup
Expands current brownfields program by increasing funding authority up to $200 million per year including up to $50 million per year to assess and cleanup brownfields with petroleum contamination
Expands eligibility for assessment and cleanup grants
New provision for direct cleanup grants of up to $200,000 per site
Streamlines current requirements for the brownfields cleanup revolving loan fund and makes funding available to nonprofits
Applies Davis Bacon Act on same terms as authority for current program
Makes funds available for technical assistance, training and research

Brownfields Liability Clarifications (Title II - Subtitle B)

State Response Programs (Title II - Subtitle C)

Supports State and Tribal response programs and preserves Federal safety net
Provides $50 million per year for State and Tribal response programs
Expands activities available for funding of State programs
Provides Superfund liability relief for certain properties cleaned up under State response programs

EPA Contacts: Brownfields Program: Sven-Erik Kaiser, 202-260-5138
Enforcement/Liability: Paul Connor, 202-564-5114

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