Sec. 204. State concurrence with listing on the national priorities list
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/bill/113/hr/2279/eh/section-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ) is amended— by inserting Not later than 90 days after any revision of the national list, with respect to a priority not included on the revised national list, upon request of the State that submitted the priority for consideration under this subparagraph, the President shall provide to such State, in writing, the basis for not including such priority on such revised national list. The President may not add a facility to the national list over the written objection of the State, unless
(i)the State, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party,
(ii)the President determines that the contamination has migrated across a State boundary, resulting in the need for response actions in multiple States, or
(iii)the criteria under the national contingency plan for issuance of a health advisory have been met. after the President shall consider any priorities established by the States. ; and by striking To the extent practicable, the highest priority facilities shall be designated individually and shall be referred to as and all that follows through the semicolon at the end, and inserting Not more frequently than once every 5 years, a State may designate a facility that meets the criteria set forth in subparagraph
(A)of this paragraph, which shall be included on the national list; . Section 121(f)(1)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(f)(1)(C) ) is amended by striking deleting sites from and inserting adding sites to, and deleting sites from, .
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