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(continued)
successfully does not preclude the transfer of the property.
The requirements of subparagraph (A)(ii) shall not apply in any
case in which the person or entity to whom the real property is
transferred is a potentially responsible party with respect to
such property. The requirements of subparagraph (A)(ii) shall
not apply in any case in which the transfer of the property
occurs or has occurred by means of a lease, without regard to
whether the lessee has agreed to purchase the property or
whether the duration of the lease is longer than 55 years. In
the case of a lease entered into after September 30, 1995, with
respect to real property located at an installation approved
for closure or realignment under a base closure law, the agency
leasing the property, in consultation with the Administrator,
shall determine before leasing the property that the property
is suitable for lease, that the uses contemplated for the lease
are consistent with protection of human health and the
environment, and that there are adequate assurances that the
United States will take all remedial action referred to in
subparagraph (A)(ii) that has not been taken on the date of the
lease.
(C) Deferral
(i) In general
The Administrator, with the concurrence of the Governor of
the State in which the facility is located (in the case of
real property at a Federal facility that is listed on the
National Priorities List), or the Governor of the State in
which the facility is located (in the case of real property
at a Federal facility not listed on the National Priorities
List) may defer the requirement of subparagraph (A)(ii)(I)
with respect to the property if the Administrator or the
Governor, as the case may be, determines that the property is
suitable for transfer, based on a finding that -
(I) the property is suitable for transfer for the use
intended by the transferee, and the intended use is
consistent with protection of human health and the
environment;
(II) the deed or other agreement proposed to govern the
transfer between the United States and the transferee of
the property contains the assurances set forth in clause
(ii);
(III) the Federal agency requesting deferral has provided
notice, by publication in a newspaper of general
circulation in the vicinity of the property, of the
proposed transfer and of the opportunity for the public to
submit, within a period of not less than 30 days after the
date of the notice, written comments on the suitability of
the property for transfer; and
(IV) the deferral and the transfer of the property will
not substantially delay any necessary response action at
the property.
(ii) Response action assurances
With regard to a release or threatened release of a
hazardous substance for which a Federal agency is potentially
responsible under this section, the deed or other agreement
proposed to govern the transfer shall contain assurances that
-
(I) provide for any necessary restrictions on the use of
the property to ensure the protection of human health and
the environment;
(II) provide that there will be restrictions on use
necessary to ensure that required remedial investigations,
response action, and oversight activities will not be
disrupted;
(III) provide that all necessary response action will be
taken and identify the schedules for investigation and
completion of all necessary response action as approved by
the appropriate regulatory agency; and
(IV) provide that the Federal agency responsible for the
property subject to transfer will submit a budget request
to the Director of the Office of Management and Budget that
adequately addresses schedules for investigation and
completion of all necessary response action, subject to
congressional authorizations and appropriations.
(iii) Warranty
When all response action necessary to protect human health
and the environment with respect to any substance remaining
on the property on the date of transfer has been taken, the
United States shall execute and deliver to the transferee an
appropriate document containing a warranty that all such
response action has been taken, and the making of the
warranty shall be considered to satisfy the requirement of
subparagraph (A)(ii)(I).
(iv) Federal responsibility
A deferral under this subparagraph shall not increase,
diminish, or affect in any manner any rights or obligations
of a Federal agency (including any rights or obligations
under this section and sections 9606 and 9607 of this title
existing prior to transfer) with respect to a property
transferred under this subparagraph.
(4) Identification of uncontaminated property
(A) In the case of real property to which this paragraph
applies (as set forth in subparagraph (E)), the head of the
department, agency, or instrumentality of the United States with
jurisdiction over the property shall identify the real property
on which no hazardous substances and no petroleum products or
their derivatives were known to have been released or disposed
of. Such identification shall be based on an investigation of the
real property to determine or discover the obviousness of the
presence or likely presence of a release or threatened release of
any hazardous substance or any petroleum product or its
derivatives, including aviation fuel and motor oil, on the real
property. The identification shall consist, at a minimum, of a
review of each of the following sources of information concerning
the current and previous uses of the real property:
(i) A detailed search of Federal Government records
pertaining to the property.
(ii) Recorded chain of title documents regarding the real
property.
(iii) Aerial photographs that may reflect prior uses of the
real property and that are reasonably obtainable through State
or local government agencies.
(iv) A visual inspection of the real property and any
buildings, structures, equipment, pipe, pipeline, or other
improvements on the real property, and a visual inspection of
properties immediately adjacent to the real property.
(v) A physical inspection of property adjacent to the real
property, to the extent permitted by owners or operators of
such property.
(vi) Reasonably obtainable Federal, State, and local
government records of each adjacent facility where there has
been a release of any hazardous substance or any petroleum
product or its derivatives, including aviation fuel and motor
oil, and which is likely to cause or contribute to a release or
threatened release of any hazardous substance or any petroleum
product or its derivatives, including aviation fuel and motor
oil, on the real property.
(vii) Interviews with current or former employees involved in
operations on the real property.

Such identification shall also be based on sampling, if
appropriate under the circumstances. The results of the
identification shall be provided immediately to the Administrator
and State and local government officials and made available to
the public.
(B) The identification required under subparagraph (A) is not
complete until concurrence in the results of the identification
is obtained, in the case of real property that is part of a
facility on the National Priorities List, from the Administrator,
or, in the case of real property that is not part of a facility
on the National Priorities List, from the appropriate State
official. In the case of a concurrence which is required from a
State official, the concurrence is deemed to be obtained if,
within 90 days after receiving a request for the concurrence, the
State official has not acted (by either concurring or declining
to concur) on the request for concurrence.
(C)(i) Except as provided in clauses (ii), (iii), and (iv), the
identification and concurrence required under subparagraphs (A)
and (B), respectively, shall be made at least 6 months before the
termination of operations on the real property.
(ii) In the case of real property described in subparagraph
(E)(i)(II) on which operations have been closed or realigned or
scheduled for closure or realignment pursuant to a base closure
law described in subparagraph (E)(ii)(I) or (E)(ii)(II) by
October 19, 1992, the identification and concurrence required
under subparagraphs (A) and (B), respectively, shall be made not
later than 18 months after October 19, 1992.
(iii) In the case of real property described in subparagraph
(E)(i)(II) on which operations are closed or realigned or become
scheduled for closure or realignment pursuant to the base closure
law described in subparagraph (E)(ii)(II) after October 19, 1992,
the identification and concurrence required under subparagraphs
(A) and (B), respectively, shall be made not later than 18 months
after the date by which a joint resolution disapproving the
closure or realignment of the real property under section 2904(b)
of such base closure law must be enacted, and such a joint
resolution has not been enacted.
(iv) In the case of real property described in subparagraphs
(E)(i)(II) on which operations are closed or realigned pursuant
to a base closure law described in subparagraph (E)(ii)(III) or
(E)(ii)(IV), the identification and concurrence required under
subparagraphs (A) and (B), respectively, shall be made not later
than 18 months after the date on which the real property is
selected for closure or realignment pursuant to such a base
closure law.
(D) In the case of the sale or other transfer of any parcel of
real property identified under subparagraph (A), the deed entered
into for the sale or transfer of such property by the United
States to any other person or entity shall contain -
(i) a covenant warranting that any response action or
corrective action found to be necessary after the date of such
sale or transfer shall be conducted by the United States; and
(ii) a clause granting the United States access to the
property in any case in which a response action or corrective
action is found to be necessary after such date at such
property, or such access is necessary to carry out a response
action or corrective action on adjoining property.

(E)(i) This paragraph applies to -
(I) real property owned by the United States and on which the
United States plans to terminate Federal Government operations,
other than real property described in subclause (II); and
(II) real property that is or has been used as a military
installation and on which the United States plans to close or
realign military operations pursuant to a base closure law.

(ii) For purposes of this paragraph, the term "base closure
law" includes the following:
(I) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
(II) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(III) Section 2687 of title 10.
(IV) Any provision of law authorizing the closure or
realignment of a military installation enacted on or after
October 19, 1992.

(F) Nothing in this paragraph shall affect, preclude, or
otherwise impair the termination of Federal Government operations
on real property owned by the United States.
(5) Notification of States regarding certain leases
In the case of real property owned by the United States, on
which any hazardous substance or any petroleum product or its
derivatives (including aviation fuel and motor oil) was stored
for one year or more, known to have been released, or disposed
of, and on which the United States plans to terminate Federal
Government operations, the head of the department, agency, or
instrumentality of the United States with jurisdiction over the
property shall notify the State in which the property is located
of any lease entered into by the United States that will encumber
the property beyond the date of termination of operations on the
property. Such notification shall be made before entering into
the lease and shall include the length of the lease, the name of
person to whom the property is leased, and a description of the
uses that will be allowed under the lease of the property and
buildings and other structures on the property.
(i) Obligations under Solid Waste Disposal Act
Nothing in this section shall affect or impair the obligation of
any department, agency, or instrumentality of the United States to
comply with any requirement of the Solid Waste Disposal Act [42
U.S.C. 6901 et seq.] (including corrective action requirements).
(j) National security
(1) Site specific Presidential orders
The President may issue such orders regarding response actions
at any specified site or facility of the Department of Energy or
the Department of Defense as may be necessary to protect the
national security interests of the United States at that site or
facility. Such orders may include, where necessary to protect
such interests, an exemption from any requirement contained in
this subchapter or under title III of the Superfund Amendments
and Reauthorization Act of 1986 [42 U.S.C. 11001 et seq.] with
respect to the site or facility concerned. The President shall
notify the Congress within 30 days of the issuance of an order
under this paragraph providing for any such exemption. Such
notification shall include a statement of the reasons for the
granting of the exemption. An exemption under this paragraph
shall be for a specified period which may not exceed one year.
Additional exemptions may be granted, each upon the President's
issuance of a new order under this paragraph for the site or
facility concerned. Each such additional exemption shall be for a
specified period which may not exceed one year. It is the
intention of the Congress that whenever an exemption is issued
under this paragraph the response action shall proceed as
expeditiously as practicable. The Congress shall be notified
periodically of the progress of any response action with respect
to which an exemption has been issued under this paragraph. No
exemption shall be granted under this paragraph due to lack of
appropriation unless the President shall have specifically
requested such appropriation as a part of the budgetary process
and the Congress shall have failed to make available such
requested appropriation.
(2) Classified information
Notwithstanding any other provision of law, all requirements of
the Atomic Energy Act [42 U.S.C. 2011 et seq.] and all Executive
orders concerning the handling of restricted data and national
security information, including "need to know" requirements,
shall be applicable to any grant of access to classified
information under the provisions of this chapter or under title
III of the Superfund Amendments and Reauthorization Act of 1986
[42 U.S.C. 11001 et seq.].

-SOURCE-
(Pub. L. 96-510, title I, Sec. 120, as added Pub. L. 99-499, title
I, Sec. 120(a), Oct. 17, 1986, 100 Stat. 1666; amended Pub. L.
102-426, Secs. 3-5, Oct. 19, 1992, 106 Stat. 2175-2177; Pub. L.
104-106, div. B, title XXVIII, Sec. 2834, Feb. 10, 1996, 110 Stat.
559; Pub. L. 104-201, div. A, title III, Secs. 330, 331, 334, Sept.
23, 1996, 110 Stat. 2484, 2486.)

-REFTEXT-
REFERENCES IN TEXT
Section 2904(b) of such base closure law, referred to in subsec.
(h)(4)(C)(iii), means section 2904(b) of Pub. L. 101-510, which is
set out as a note under section 2687 of Title 10, Armed Forces.
The Solid Waste Disposal Act, referred to in subsec. (i), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 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.
Title III of the Superfund Amendments and Reauthorization Act of
1986, referred to in subsec. (j), is title III of Pub. L. 99-499,
Oct. 17, 1986, 100 Stat. 1728, known as the Emergency Planning and
Community Right-To-Know Act of 1986, which is classified generally
to chapter 116 (Sec. 11001 et seq.) of this title. For complete
classification of title III to the Code, see Short Title note set
out under section 11001 of this title and Tables.
The Atomic Energy Act, referred to in subsec. (j)(2), probably
means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and
amended, which is classified generally to chapter 23 (Sec. 2011 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2011 of this title
and Tables.


-MISC1-
AMENDMENTS
1996 - Subsec. (a)(4). Pub. L. 104-201, Sec. 334(b), inserted "or
facilities that are the subject of a deferral under subsection
(h)(3)(C) of this section" after "United States".
Subsec. (d). Pub. L. 104-201, Sec. 330(2)-(4), designated
existing provisions as par. (1), inserted par. heading, substituted
"The Administrator" for "Not later than 18 months after October 17,
1986, the Administrator", realigned margins of par. (1) and
subpars. (A) and (B), and substituted pars. (2) and (3) for "Such
criteria shall be applied in the same manner as the criteria are
applied to facilities which are owned or operated by other persons.
Evaluation and listing under this subsection shall be completed not
later than 30 months after October 17, 1986. Upon the receipt of a
petition from the Governor of any State, the Administrator shall
make such an evaluation of any facility included in the docket."
Pub. L. 104-201, Sec. 330(1), redesignated pars. (1) and (2) as
subpars. (A) and (B), respectively.
Subsec. (h)(3). Pub. L. 104-201, Sec. 334(a)(8), added subpar.
(C).
Pub. L. 104-201, Sec. 334(a)(6), (7), designated existing
provisions as subpar. (B), inserted heading, substituted "For
purposes of subparagraphs (A)(ii)(I) and (C)(iii)" for "For
purposes of subparagraph (B)(i)", and substituted "subparagraph
(A)(ii)" for "subparagraph (B)" in three places.
Pub. L. 104-201, Sec. 334(a)(1)-(5), designated first sentence as
subpar. (A), inserted heading, redesignated former subpar. (A) and
cls. (i) to (iii) of that subpar. as cl. (i) of subpar. (A) and
subcls. (I) to (III) of that cl., respectively, redesignated former
subpar. (B) and cls. (i) and (ii) of that subpar. as cl. (ii) of
subpar. (A) and subcls. (I) and (II) of that cl., respectively,
redesignated former subpar. (C) as cl. (iii) of subpar. (A), and
realigned margins of such cls. and subcls.
Pub. L. 104-106, Sec. 2834(2), which directed that par. (3) be
amended in the matter following subpar. (C) by adding at the end,
flush to the paragraph margin, the following, was executed by
inserting the following provision at the end of the concluding
provisions "The requirements of subparagraph (B) shall not apply in
any case in which the person or entity to whom the real property is
transferred is a potentially responsible party with respect to such
property. The requirements of subparagraph (B) shall not apply in
any case in which the transfer of the property occurs or has
occurred by means of a lease, without regard to whether the lessee
has agreed to purchase the property or whether the duration of the
lease is longer than 55 years. In the case of a lease entered into
after September 30, 1995, with respect to real property located at
an installation approved for closure or realignment under a base
closure law, the agency leasing the property, in consultation with
the Administrator, shall determine before leasing the property that
the property is suitable for lease, that the uses contemplated for
the lease are consistent with protection of human health and the
environment, and that there are adequate assurances that the United
States will take all remedial action referred to in subparagraph
(B) that has not been taken on the date of the lease."
Pub. L. 104-106, Sec. 2834(1), struck out first sentence of
concluding provisions which read as follows: "The requirements of
subparagraph (B) shall not apply in any case in which the person or
entity to whom the property is transferred is a potentially
responsible party with respect to such real property."
Subsec. (h)(4)(A). Pub. L. 104-201, Sec. 331, substituted "known
to have been released" for "stored for one year or more, known to
have been released,".
1992 - Subsec. (h)(3). Pub. L. 102-426, Sec. 4(a), inserted at
end "For purposes of subparagraph (B)(i), all remedial action
described in such subparagraph has been taken if the construction
and installation of an approved remedial design has been completed,
and the remedy has been demonstrated to the Administrator to be
operating properly and successfully. The carrying out of long-term
pumping and treating, or operation and maintenance, after the
remedy has been demonstrated to the Administrator to be operating
properly and successfully does not preclude the transfer of the
property."
Subsec. (h)(3)(C). Pub. L. 102-426, Sec. 4(b), added subpar. (C).
Subsec. (h)(4). Pub. L. 102-426, Sec. 3, added par. (4).
Subsec. (h)(5). Pub. L. 102-426, Sec. 5, added par. (5).

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report required under subsec. (e)(5) of this section is
listed as the 5th item on page 151), see section 3003 of Pub. L.
104-66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of
Pub. L. 106-554, set out as notes under section 1113 of Title 31,
Money and Finance.

IDENTIFICATION OF UNCONTAMINATED PROPERTY AT INSTALLATIONS TO BE
CLOSED
Pub. L. 103-160, div. B, title XXIX, Sec. 2910, Nov. 30, 1993,
107 Stat. 1924, provided that: "The identification by the Secretary
of Defense required under section 120(h)(4)(A) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(4)(A)), and the concurrence required under section
120(h)(4)(B) of such Act, shall be made not later than the earlier
of -
"(1) the date that is 9 months after the date of the submittal,
if any, to the transition coordinator for the installation
concerned of a specific use proposed for all or a portion of the
real property of the installation; or
"(2) the date specified in section 120(h)(4)(C)(iii) of such
Act."

CONGRESSIONAL FINDINGS
Section 2 of Pub. L. 102-426 provided that: "The Congress finds
the following:
"(1) The closure of certain Federal facilities is having
adverse effects on the economies of local communities by
eliminating jobs associated with such facilities, and delay in
remediation of environmental contamination of real property at
such facilities is preventing transfer and private development of
such property.
"(2) Each department, agency, or instrumentality of the United
States, in cooperation with local communities, should
expeditiously identify real property that offers the greatest
opportunity for reuse and redevelopment on each facility under
the jurisdiction of the department, agency, or instrumentality
where operations are terminating.
"(3) Remedial actions, including remedial investigations and
feasibility studies, and corrective actions at such Federal
facilities should be expedited in a manner to facilitate
environmental protection and the sale or transfer of such excess
real property for the purpose of mitigating adverse economic
effects on the surrounding community.
"(4) Each department, agency, or instrumentality of the United
States, in accordance with applicable law, should make available
without delay such excess real property.
"(5) In the case of any real property owned by the United
States and transferred to another person, the United States
Government should remain responsible for conducting any remedial
action or corrective action necessary to protect human health and
the environment with respect to any hazardous substance or
petroleum product or its derivatives, including aviation fuel and
motor oil, that was present on such real property at the time of
transfer."

APPLICABILITY
Section 120(b) of Pub. L. 99-499 provided that: "Section 120 of
CERCLA [42 U.S.C. 9620] shall not apply to any response action or
remedial action for which a plan is under development by the
Department of Energy on the date of enactment of this Act [Oct. 17,
1986] with respect to facilities -
"(1) owned or operated by the United States and subject to the
jurisdiction of such Department;
"(2) located in St. Charles and St. Louis counties, Missouri,
or the city of St. Louis, Missouri, and
"(3) published in the National Priorities List.
In preparing such plans, the Secretary of Energy shall consult with
the Administrator of the Environmental Protection Agency."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9604, 9607, 9609, 9613,
9617, 9622, 9659 of this title; title 10 section 2701; title 50
section 2811.

-End-



-CITE-
42 USC Sec. 9621 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY
SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY,
COMPENSATION

-HEAD-
Sec. 9621. Cleanup standards

-STATUTE-
(a) Selection of remedial action
The President shall select appropriate remedial actions
determined to be necessary to be carried out under section 9604 of
this title or secured under section 9606 of this title which are in
accordance with this section and, to the extent practicable, the
national contingency plan, and which provide for cost-effective
response. In evaluating the cost effectiveness of proposed
alternative remedial actions, the President shall take into account
the total short- and long-term costs of such actions, including the
costs of operation and maintenance for the entire period during
which such activities will be required.
(b) General rules
(1) Remedial actions in which treatment which permanently and
significantly reduces the volume, toxicity or mobility of the
hazardous substances, pollutants, and contaminants is a principal
element, are to be preferred over remedial actions not involving
such treatment. The offsite transport and disposal of hazardous
substances or contaminated materials without such treatment should
be the least favored alternative remedial action where practicable
treatment technologies are available. The President shall conduct
an assessment of permanent solutions and alternative treatment
technologies or resource recovery technologies that, in whole or in
part, will result in a permanent and significant decrease in the
toxicity, mobility, or volume of the hazardous substance,
pollutant, or contaminant. In making such assessment, the President
shall specifically address the long-term effectiveness of various
alternatives. In assessing alternative remedial actions, the
President shall, at a minimum, take into account:
(A) the long-term uncertainties associated with land disposal;
(B) the goals, objectives, and requirements of the Solid Waste
Disposal Act [42 U.S.C. 6901 et seq.];
(C) the persistence, toxicity, mobility, and propensity to
bioaccumulate of such hazardous substances and their
constituents;
(D) short- and long-term potential for adverse health effects
from human exposure;
(E) long-term maintenance costs;
(F) the potential for future remedial action costs if the
alternative remedial action in question were to fail; and
(G) the potential threat to human health and the environment
associated with excavation, transportation, and redisposal, or
containment.

The President shall select a remedial action that is protective of
human health and the environment, that is cost effective, and that
utilizes permanent solutions and alternative treatment technologies
or resource recovery technologies to the maximum extent
practicable. If the President selects a remedial action not
appropriate for a preference under this subsection, the President
shall publish an explanation as to why a remedial action involving
such reductions was not selected.
(2) The President may select an alternative remedial action
meeting the objectives of this subsection whether or not such
action has been achieved in practice at any other facility or site
that has similar characteristics. In making such a selection, the
President may take into account the degree of support for such
remedial action by parties interested in such site.
(c) Review
If the President selects a remedial action that results in any
hazardous substances, pollutants, or contaminants remaining at the
site, the President shall review such remedial action no less often
than each 5 years after the initiation of such remedial action to
assure that human health and the environment are being protected by
the remedial action being implemented. In addition, if upon such
review it is the judgment of the President that action is
appropriate at such site in accordance with section 9604 or 9606 of
this title, the President shall take or require such action. The
President shall report to the Congress a list of facilities for
which such review is required, the results of all such reviews, and
any actions taken as a result of such reviews.
(d) Degree of cleanup
(1) Remedial actions selected under this section or otherwise
required or agreed to by the President under this chapter shall
attain a degree of cleanup of hazardous substances, pollutants, and
contaminants released into the environment and of control of
further release at a minimum which assures protection of human
health and the environment. Such remedial actions shall be relevant
and appropriate under the circumstances presented by the release or
threatened release of such substance, pollutant, or contaminant.
(2)(A) With respect to any hazardous substance, pollutant or
contaminant that will remain onsite, if -
(i) any standard, requirement, criteria, or limitation under
any Federal environmental law, including, but not limited to, the
Toxic Substances Control Act [15 U.S.C. 2601 et seq.], the Safe
Drinking Water Act [42 U.S.C. 300f et seq.], the Clean Air Act
[42 U.S.C. 7401 et seq.], the Clean Water Act [33 U.S.C. 1251 et
seq.], the Marine Protection, Research and Sanctuaries Act [16
U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801
et seq.], or the Solid Waste Disposal Act [42 U.S.C. 6901 et
seq.]; or
(ii) any promulgated standard, requirement, criteria, or
limitation under a State environmental or facility siting law
that is more stringent than any Federal standard, requirement,
criteria, or limitation, including each such State standard,
requirement, criteria, or limitation contained in a program
approved, authorized or delegated by the Administrator under a
statute cited in subparagraph (A), and that has been identified
to the President by the State in a timely manner,

is legally applicable to the hazardous substance or pollutant or
contaminant concerned or is relevant and appropriate under the
circumstances of the release or threatened release of such
hazardous substance or pollutant or contaminant, the remedial
action selected under section 9604 of this title or secured under
section 9606 of this title shall require, at the completion of the
remedial action, a level or standard of control for such hazardous
substance or pollutant or contaminant which at least attains such
legally applicable or relevant and appropriate standard,
requirement, criteria, or limitation. Such remedial action shall
require a level or standard of control which at least attains
Maximum Contaminant Level Goals established under the Safe Drinking
Water Act [42 U.S.C. 300f et seq.] and water quality criteria
established under section 304 or 303 of the Clean Water Act [33
U.S.C. 1314, 1313], where such goals or criteria are relevant and
appropriate under the circumstances of the release or threatened
release.
(B)(i) In determining whether or not any water quality criteria
under the Clean Water Act [33 U.S.C. 1251 et seq.] is relevant and
appropriate under the circumstances of the release or threatened
release, the President shall consider the designated or potential
use of the surface or groundwater, the environmental media
affected, the purposes for which such criteria were developed, and
the latest information available.
(ii) For the purposes of this section, a process for establishing
alternate concentration limits to those otherwise applicable for
hazardous constituents in groundwater under subparagraph (A) may
not be used to establish applicable standards under this paragraph
if the process assumes a point of human exposure beyond the
boundary of the facility, as defined at the conclusion of the
remedial investigation and feasibility study, except where -
(I) there are known and projected points of entry of such
groundwater into surface water; and
(II) on the basis of measurements or projections, there is or
will be no statistically significant increase of such
constituents from such groundwater in such surface water at the
point of entry or at any point where there is reason to believe
accumulation of constituents may occur downstream; and
(III) the remedial action includes enforceable measures that
will preclude human exposure to the contaminated groundwater at
any point between the facility boundary and all known and
projected points of entry of such groundwater into surface water

then the assumed point of human exposure may be at such known and
projected points of entry.
(C)(i) Clause (ii) of this subparagraph shall be applicable only
in cases where, due to the President's selection, in compliance
with subsection (b)(1) of this section, of a proposed remedial
action which does not permanently and significantly reduce the
volume, toxicity, or mobility of hazardous substances, pollutants,
or contaminants, the proposed disposition of waste generated by or
associated with the remedial action selected by the President is
land disposal in a State referred to in clause (ii).
(ii) Except as provided in clauses (iii) and (iv), a State
standard, requirement, criteria, or limitation (including any State
siting standard or requirement) which could effectively result in
the statewide prohibition of land disposal of hazardous substances,
pollutants, or contaminants shall not apply.
(iii) Any State standard, requirement, criteria, or limitation
referred to in clause (ii) shall apply where each of the following
conditions is met:
(I) The State standard, requirement, criteria, or limitation is
of general applicability and was adopted by formal means.
(II) The State standard, requirement, criteria, or limitation
was adopted on the basis of hydrologic, geologic, or other
relevant considerations and was not adopted for the purpose of
precluding onsite remedial actions or other land disposal for
reasons unrelated to protection of human health and the
environment.
(III) The State arranges for, and assures payment of the
incremental costs of utilizing, a facility for disposition of the
hazardous substances, pollutants, or contaminants concerned.

(iv) Where the remedial action selected by the President does not
conform to a State standard and the State has initiated a law suit
against the Environmental Protection Agency prior to May 1, 1986,
to seek to have the remedial action conform to such standard, the
President shall conform the remedial action to the State standard.
The State shall assure the availability of an offsite facility for
such remedial action.
(3) In the case of any removal or remedial action involving the
transfer of any hazardous substance or pollutant or contaminant
offsite, such hazardous substance or pollutant or contaminant shall
only be transferred to a facility which is operating in compliance
with section 3004 and 3005 of the Solid Waste Disposal Act [42
U.S.C. 6924, 6925] (or, where applicable, in compliance with the
Toxic Substances Control Act [15 U.S.C. 2601 et seq.] or other
applicable Federal law) and all applicable State requirements. Such
substance or pollutant or contaminant may be transferred to a land
disposal facility only if the President determines that both of the
following requirements are met:
(A) The unit to which the hazardous substance or pollutant or
contaminant is transferred is not releasing any hazardous waste,
or constituent thereof, into the groundwater or surface water or
soil.
(B) All such releases from other units at the facility are
being controlled by a corrective action program approved by the
Administrator under subtitle C of the Solid Waste Disposal Act
[42 U.S.C. 6921 et seq.].

The President shall notify the owner or operator of such facility
of determinations under this paragraph.
(4) The President may select a remedial action meeting the
requirements of paragraph (1) that does not attain a level or
standard of control at least equivalent to a legally applicable or
relevant and appropriate standard, requirement, criteria, or
limitation as required by paragraph (2) (including subparagraph (B)
thereof), if the President finds that -
(A) the remedial action selected is only part of a total
remedial action that will attain such level or standard of
control when completed;
(B) compliance with such requirement at that facility will
result in greater risk to human health and the environment than
alternative options;
(C) compliance with such requirements is technically
impracticable from an engineering perspective;
(D) the remedial action selected will attain a standard of
performance that is equivalent to that required under the
otherwise applicable standard, requirement, criteria, or
limitation, through use of another method or approach;
(E) with respect to a State standard, requirement, criteria, or
limitation, the State has not consistently applied (or
demonstrated the intention to consistently apply) the standard,
requirement, criteria, or limitation in similar circumstances at
other remedial actions within the State; or
(F) in the case of a remedial action to be undertaken solely
under section 9604 of this title using the Fund, selection of a
remedial action that attains such level or standard of control
will not provide a balance between the need for protection of
public health and welfare and the environment at the facility
under consideration, and the availability of amounts from the
Fund to respond to other sites which present or may present a
threat to public health or welfare or the environment, taking
into consideration the relative immediacy of such threats.

The President shall publish such findings, together with an
explanation and appropriate documentation.
(e) Permits and enforcement
(1) No Federal, State, or local permit shall be required for the
portion of any removal or remedial action conducted entirely
onsite, where such remedial action is selected and carried out in
compliance with this section.
(2) A State may enforce any Federal or State standard,
requirement, criteria, or limitation to which the remedial action
is required to conform under this chapter in the United States
district court for the district in which the facility is located.
Any consent decree shall require the parties to attempt
expeditiously to resolve disagreements concerning implementation of
the remedial action informally with the appropriate Federal and
State agencies. Where the parties agree, the consent decree may
provide for administrative enforcement. Each consent decree shall
also contain stipulated penalties for violations of the decree in
an amount not to exceed $25,000 per day, which may be enforced by
either the President or the State. Such stipulated penalties shall
not be construed to impair or affect the authority of the court to
order compliance with the specific terms of any such decree.
(f) State involvement
(1) The President shall promulgate regulations providing for
substantial and meaningful involvement by each State in initiation,
development, and selection of remedial actions to be undertaken in
that State. The regulations, at a minimum, shall include each of
the following:
(A) State involvement in decisions whether to perform a
preliminary assessment and site inspection.
(B) Allocation of responsibility for hazard ranking system
scoring.
(C) State concurrence in deleting sites from the National
Priorities List.
(D) State participation in the long-term planning process for
all remedial sites within the State.
(E) A reasonable opportunity for States to review and comment
on each of the following:
(i) The remedial investigation and feasibility study and all
data and technical documents leading to its issuance.
(ii) The planned remedial action identified in the remedial
investigation and feasibility study.
(iii) The engineering design following selection of the final
remedial action.
(iv) Other technical data and reports relating to
implementation of the remedy.
(v) Any proposed finding or decision by the President to
exercise the authority of subsection (d)(4) of this section.

(F) Notice to the State of negotiations with potentially
responsible parties regarding the scope of any response action at
a facility in the State and an opportunity to participate in such
negotiations and, subject to paragraph (2), be a party to any
settlement.
(G) Notice to the State and an opportunity to comment on the
President's proposed plan for remedial action as well as on
alternative plans under consideration. The President's proposed
decision regarding the selection of remedial action shall be
accompanied by a response to the comments submitted by the State,
including an explanation regarding any decision under subsection
(d)(4) of this section on compliance with promulgated State
standards. A copy of such response shall also be provided to the
State.
(H) Prompt notice and explanation of each proposed action to
the State in which the facility is located.

Prior to the promulgation of such regulations, the President shall
provide notice to the State of negotiations with potentially
responsible parties regarding the scope of any response action at a
facility in the State, and such State may participate in such
negotiations and, subject to paragraph (2), any settlements.
(2)(A) This paragraph shall apply to remedial actions secured
under section 9606 of this title. At least 30 days prior to the
entering of any consent decree, if the President proposes to select
a remedial action that does not attain a legally applicable or
relevant and appropriate standard, requirement, criteria, or
limitation, under the authority of subsection (d)(4) of this
section, the President shall provide an opportunity for the State
to concur or not concur in such selection. If the State concurs,
the State may become a signatory to the consent decree.
(B) If the State does not concur in such selection, and the State
desires to have the remedial action conform to such standard,
requirement, criteria, or limitation, the State shall intervene in
the action under section 9606 of this title before entry of the
consent decree, to seek to have the remedial action so conform.
Such intervention shall be a matter of right. The remedial action
shall conform to such standard, requirement, criteria, or
limitation if the State establishes, on the administrative record,
that the finding of the President was not supported by substantial
evidence. If the court determines that the remedial action shall
conform to such standard, requirement, criteria, or limitation, the
remedial action shall be so modified and the State may become a
signatory to the decree. If the court determines that the remedial
action need not conform to such standard, requirement, criteria, or
limitation, and the State pays or assures the payment of the
additional costs attributable to meeting such standard,
requirement, criteria, or limitation, the remedial action shall be
so modified and the State shall become a signatory to the decree.
(C) The President may conclude settlement negotiations with
potentially responsible parties without State concurrence.
(3)(A) This paragraph shall apply to remedial actions at
facilities owned or operated by a department, agency, or
instrumentality of the United States. At least 30 days prior to the
publication of the President's final remedial action plan, if the
President proposes to select a remedial action that does not attain
a legally applicable or relevant and appropriate standard,
requirement, criteria, or limitation, under the authority of
subsection (d)(4) of this section, the President shall provide an
opportunity for the State to concur or not concur in such
selection. If the State concurs, or does not act within 30 days,
the remedial action may proceed.
(B) If the State does not concur in such selection as provided in
subparagraph (A), and desires to have the remedial action conform
to such standard, requirement, criteria, or limitation, the State (continued)