42 U.S. Code § 9628 - State response programs
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(a) Assistance to States
(1) In general
The Administrator may award a grant to a State or Indian tribe that—
(i) has a response program that includes each of the elements, or is taking reasonable steps to include each of the elements, listed in paragraph (2); or
(B) Use of grants by States
(i) In general A State or Indian tribe may use a grant under this subsection to establish or enhance the response program of the State or Indian tribe.
(ii) Additional uses In addition to the uses under clause (i), a State or Indian tribe may use a grant under this subsection to—
(I) capitalize a revolving loan fund for brownfield remediation under section 9604 (k)(3) of this title; or
The elements of a State or Indian tribe response program referred to in paragraph (1)(A)(i) are the following:
(B) Oversight and enforcement authorities or other mechanisms, and resources, that are adequate to ensure that—
(i) a response action will—
(C) Mechanisms and resources to provide meaningful opportunities for public participation, including—
(i) public access to documents that the State, Indian tribe, or party conducting the cleanup is relying on or developing in making cleanup decisions or conducting site activities;
(iii) a mechanism by which—
(I) a person that is or may be affected by a release or threatened release of a hazardous substance, pollutant, or contaminant at a brownfield site located in the community in which the person works or resides may request the conduct of a site assessment; and
(b) Enforcement in cases of a release subject to State program
(A) In general
Except as provided in subparagraph (B) and subject to subparagraph (C), in the case of an eligible response site at which—
(i) there is a release or threatened release of a hazardous substance, pollutant, or contaminant; and
(ii) a person is conducting or has completed a response action regarding the specific release that is addressed by the response action that is in compliance with the State program that specifically governs response actions for the protection of public health and the environment,
the President may not use authority under this chapter to take an administrative or judicial enforcement action under section 9606 (a) of this title or to take a judicial enforcement action to recover response costs under section 9607 (a) of this title against the person regarding the specific release that is addressed by the response action.
The President may bring an administrative or judicial enforcement action under this chapter during or after completion of a response action described in subparagraph (A) with respect to a release or threatened release at an eligible response site described in that subparagraph if—
(i) the State requests that the President provide assistance in the performance of a response action;
(ii) the Administrator determines that contamination has migrated or will migrate across a State line, resulting in the need for further response action to protect human health or the environment, or the President determines that contamination has migrated or is likely to migrate onto property subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States and may impact the authorized purposes of the Federal property;
(iii) after taking into consideration the response activities already taken, the Administrator determines that—
(I) a release or threatened release may present an imminent and substantial endangerment to public health or welfare or the environment; and
(iv) the Administrator, after consultation with the State, determines that information, that on the earlier of the date on which cleanup was approved or completed, was not known by the State, as recorded in documents prepared or relied on in selecting or conducting the cleanup, has been discovered regarding the contamination or conditions at a facility such that the contamination or conditions at the facility present a threat requiring further remediation to protect public health or welfare or the environment. Consultation with the State shall not limit the ability of the Administrator to make this determination.
(C) Public record
The limitations on the authority of the President under subparagraph (A) apply only at sites in States that maintain, update not less than annually, and make available to the public a record of sites, by name and location, at which response actions have been completed in the previous year and are planned to be addressed under the State program that specifically governs response actions for the protection of public health and the environment in the upcoming year. The public record shall identify whether or not the site, on completion of the response action, will be suitable for unrestricted use and, if not, shall identify the institutional controls relied on in the remedy. Each State and tribe receiving financial assistance under subsection (a) of this section shall maintain and make available to the public a record of sites as provided in this paragraph.
(D) EPA notification
(i) In general In the case of an eligible response site at which there is a release or threatened release of a hazardous substance, pollutant, or contaminant and for which the Administrator intends to carry out an action that may be barred under subparagraph (A), the Administrator shall—
(ii) State reply Not later than 48 hours after a State receives notice from the Administrator under clause (i), the State shall notify the Administrator if—
(I) the release at the eligible response site is or has been subject to a cleanup conducted under a State program; and
(E) Report to Congress
Not later than 90 days after the date of initiation of any enforcement action by the President under clause (ii), (iii), or (iv) of subparagraph (B), the President shall submit to Congress a report describing the basis for the enforcement action, including specific references to the facts demonstrating that enforcement action is permitted under subparagraph (B).
(2) Savings provision
(A) Costs incurred prior to limitations
Nothing in paragraph (1) precludes the President from seeking to recover costs incurred prior to January 11, 2002, or during a period in which the limitations of paragraph (1)(A) were not applicable.
(B) Effect on agreements between States and EPA
Nothing in paragraph (1)—
(i) modifies or otherwise affects a memorandum of agreement, memorandum of understanding, or any similar agreement relating to this chapter between a State agency or an Indian tribe and the Administrator that is in effect on or before January 11, 2002 (which agreement shall remain in effect, subject to the terms of the agreement); or
(c) Effect on Federal laws
Nothing in this section affects any liability or response authority under any Federal law, including—
Source(Pub. L. 96–510, title I, § 128, as added Pub. L. 107–118, title II, § 231(b),Jan. 11, 2002, 115 Stat. 2375.)
References in Text
This chapter, referred to in subsecs. (b)(1)(A), (B), (2)(B)(i) and (c)(1), 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 subsec. (c)(2), 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. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
The Federal Water Pollution Control Act, referred to in subsec. (c)(3), 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 Toxic Substances Control Act, referred to in subsec. (c)(4), 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 Safe Drinking Water Act, referred to in subsec. (c)(5), 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.