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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)

  • Exempts certain contiguous property owners from Superfund liability
  • Exempts certain prospective purchasers from Superfund liability
  • Clarifies the innocent landholders defense to Superfund liability

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