Page:United States Statutes at Large Volume 115 Part 3.djvu/304

 115 STAT. 2378 PUBLIC LAW 107-118^JAN. 11, 2002 Applicability. Deadline. "(II) additional response actions are likely to be necessary to address, prevent, limit, or mitigate the release or threatened release; or "(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) 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— "(I) notify the State of the action the Administrator intends to take; and "(II)(aa) wait 48 hours for a reply from the State under clause (ii); or "(bb) if the State fails to reply to the notification or if the Administrator makes a determination under clause (iii), take immediate action under that clause. "(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 "(II) the State is planning to abate the release or threatened release, any actions that are planned. "(iii) IMMEDIATE FEDERAL ACTION.— The Administrator may take action immediately after giving

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