State response programs

The Administrator may award a grant to a State or Indian tribe that— A State or Indian tribe may use a grant under this subsection to establish or enhance the response program of the State or Indian tribe. In addition to the uses under clause (i), a State or Indian tribe may use a grant under this subsection to— To make grants to States or Indian tribes under clause (ii)(III), the Administrator may use, in addition to amounts available to carry out this subsection, not more than $1,500,000 of the amounts made available to carry out section 9604(k)(7) of this title in each fiscal year. Each grant made under subclause (I) may be not more than $20,000. The Administrator may, at the request of a State or Indian tribe, include a grant under this clause in any other grant to the State or Indian tribe made under this subsection. In this subparagraph: The term “disadvantaged area” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, as determined by the President based on the latest available decennial census. The term “small community” means a community with a population of not more than 15,000 individuals, as determined by the President based on the latest available decennial census. The elements of a State or Indian tribe response program referred to in paragraph (1)(A)(i) are the following: Oversight and enforcement authorities or other mechanisms, and resources, that are adequate to ensure that— a response action will— Mechanisms and resources to provide meaningful opportunities for public participation, including— a mechanism by which— There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2019 through 2023. Except as provided in subparagraph (B) and subject to subparagraph (C), in the case of an eligible response site at which— The President may bring an administrative or judicial enforcement action under this chapter during or after completion of a response action described in subparagraph (A) with respect to a release or threatened release at an eligible response site described in that subparagraph if— after taking into consideration the response activities already taken, the Administrator determines that— 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. 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— Not later than 48 hours after a State receives notice from the Administrator under clause (i), the State shall notify the Administrator if— The Administrator may take action immediately after giving notification under clause (i) without waiting for a State reply under clause (ii) if the Administrator determines that one or more exceptions under subparagraph (B) are met. Not later than 90 days after the date of initiation of any enforcement action by the President under clause (ii), (iii), or (iv) of subparagraph (B), the President shall submit to Congress a report describing the basis for the enforcement action, including specific references to the facts demonstrating that enforcement action is permitted under subparagraph (B). Nothing in paragraph (1) precludes the President from seeking to recover costs incurred prior to January 11, 2002, or during a period in which the limitations of paragraph (1)(A) were not applicable. Nothing in paragraph (1)— This subsection applies only to response actions conducted after February 15, 2001. Nothing in this section affects any liability or response authority under any Federal law, including—