Page:United States Statutes at Large Volume 100 Part 2.djvu/570

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1672 Missouri.

PUBLIC LAW 9 9 - 4 9 9 - O C T. 17, 1986

(2) located in St. Charles and St. Louis counties, Missouri, or the city of St. Louis, Missouri, and (3) published in the National Priorities List. In preparing such plans, the Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency. SEC. 121. CLEANUP STANDARDS.

(a) AMENDMENT OF CERCLA.—Title I of CERCLA is amended by adding the following new section after section 120: President of U.S. 42 USC 9621. 42 USC 9604, 9606.

"SEC. 121. CLEANUP STANDARDS.

"(a) SELECTION OF REMEDIAL ACTION.—The President shall select appropriate remedial actions determined to be necessary to be carried out under section 104 or secured under section 106 which are in accordance with this section and, to the extent practicable, the national contingency plan, and which provide for cost-effective response. In evaluating the cost effectiveness of proposed alternative remedial actions, the President shall take into account the total short- and long-term costs of such actions, including the costs of operation and maintenance for the entire period during which such activities will be required. "(b) GENERAL RULES.—(1) Remedial actions in which treatment which permanently and significantly reduces the volume, toxicity or mobility of the hazardous substances, pollutants, and contaminants is a principal element, are to be preferred over remedial actions not involving such treatment. The offsite transport and disposal of hazardous substances or contaminated materials without such treatment should be the least favored alternative remedial action where practicable treatment technologies are available. The President shall conduct an assessment of permanent solutions and alternative treatment technologies or resource recovery technologies that, in whole or in part, will result in a permanent and significant decrease in the toxicity, mobility, or volume of the hazardous substance, pollutant, or contaminant. In making such assessment, the President shall specifically address the long-term effectiveness of various alternatives. In assessing alternative remedial actions, the President shall, at a minimum, take into account: "(A) the long-term uncertainties associated with land disposal;

  • (B) the goals, objectives, and requirements of the Solid Waste

Disposal Act; "(C) the persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous substances and their constituents; "(D) short- and long-term potential for adverse health effects from human exposure; "(E) long-term maintenance costs; "(F) the potential for future remedial action costs if the alternative remedial action in question were to fail; and "(G) the potential threat to human health and the environment associated with excavation, transportation, and redisposal, or containment. The President shall select a remedial action that is protective of human health and the environment, that is cost effective, and that utilizes permanent solutions and alternative treatment technologies or resource recovery technologies to the maximum extent practicable. If the President selects a remedial action not appropriate for