brownfield site

(B)The term “brownfield site” does not include— (i)a facility that is the subject of a planned or ongoing removal action under this subchapter; (ii)a facility that is listed on the National Priorities List or is proposed for listing; (iii)a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this chapter; (iv)a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1321) [et seq.], the Toxic Substances Control Act (15 U.S.C. 2601et seq.), or the Safe Drinking Water Act (42 U.S.C. 300fet seq.); (v)a facility that— (I)is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and (II)to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; (vi)a land disposal unit with respect to which— (I)a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921et seq.) has been submitted; and (II)closure requirements have been specified in a closure plan or permit; (vii)a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; (viii)a portion of a facility— (I)at which there has been a release of polychlorinated biphenyls; and (II)that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601et seq.); or (ix)a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991et seq.) from the Leaking Underground Storage Tank Trust Fund established undersection 9508 of title 26. (C)Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance undersection 9604(k) of this titleto an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes.

Source

42 USC § 9601(39)(B)


Scoping language

For purpose of this subchapter
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