eligible response site
(B)The term “eligible response site” includes— (i)notwithstanding paragraph (39)(B)(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; or (ii)a site for which, notwithstanding the exclusions provided in subparagraph (C) or paragraph (39)(B), the President determines, on a site-by-site basis and after consultation with the State, that limitations on enforcement underat sites specified in clause (iv), (v), (vi) or (viii) of paragraph (39)(B) would be appropriate and will— (I)protect human health and the environment; and (II)promote economic development or facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes.