Page:United States Statutes at Large Volume 115 Part 3.djvu/301

 PUBLIC LAW 107-118-^AN. 11, 2002 115 STAT. 2375 Subtitle C—State Response Programs SEC. 231. STATE RESPONSE PROGRAMS. (a) DEFINITIONS. — Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by this Act) is further amended by adding at the end the following: "(41) ELIGIBLE RESPONSE SITE. — "(A) IN GENERAL.— The term 'eligible response site' means a site that meets the definition of a brownfield site in subparagraphs (A) and (B) of paragraph (39), as modified by subparagraphs (B) and (C) of this paragraph. "(B) INCLUSIONS.— The term 'eHgible 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. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986; or "(ii) a site for which, notwithstanding the exclu- President, sions 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 under section 128 at 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. "(C) EXCLUSIONS. —The term 'eligible response site' does not include— "(i) a facility for which the President— "(I) conducts or has conducted a preliminary assessment or site inspection; and "(II) after consultation with the State, determines or has determined that the site obtains a preliminary score sufficient for possible listing on the National Priorities List, or that the site otherwise qualifies for listing on the National Priorities List; unless the President has made a determination that no further Federal action will be taken; or "(ii) facilities that the President determines warrant particular consideration as identified by regulation, such as sites posing a threat to a sole-source drinking water aquifer or a sensitive ecosystem.". (b) STATE RESPONSE PROGRAMS. —Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following:

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