SITE INFORMATION AND CORRESPONDENCE

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YUHLIC HEALTH AND WELFARE i'—IRONMENTAL RESPONSE 42 USCS § 9621 (D) the remedial action selected will attain a standard of performance that is equivalent to that required under the otherwise applicable i (C) State concurrence in deleting sites from the National Priorities standard, requirement, criteria, or limitation, through use of another List. method or approach; (D) State participation in the long-term planning process for all with res remedial sites within the State. do ate to a State standard, requirement criteria ra td ta- (E) A reasonable opportunity for States to review and comment on tion, the State has not consistently applied (or demonstrated the intention to consistently apply) the standard, requirement, criteria, or " each of the following: limitation in similar circumstances at other remedial actions within (i) The remedial investigation and'feasibility study and all data and the State; or technical documents leading to its issuance. (F) in the case of a remedial action to be undertaken solely under (ii) The planned remedial action identified in the remedial investi- gation and feasibility study. section 104 [42 USCS § 96041 using the Fund, selection of a remedial (iii) The engineering design following selection of the final 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 action. (iv) Other technical data and reports relating to implementation of and the environment at the facility under consideration, and the availability of amounts from the Fund to respond to other sites which the remedy. • present or may present a threat to public health or welfare or the (v) Any proposed finding or decision by the President to exercise environment, taking into consideration the relative immediacy of such the authority of subsection (d)(4). threats. (F) Notice to the State of negotiations with potentially responsible The President shall publish such findings, together with an explanation s parties regarding the scope of any response action at a facility in the and appropriate documentation. p State and an opportunity to participate in such negotiations and, subject to paragraph (2), be a party to any settlement. (e) Permits and enforcement. (1) No Federal, State, or local permit shall be (G) Notice to the State and an opportunity to comment or the required for the portion of any removal or remedial-action conducted 7r,:, President s proposed plan for remedial action as well 85 on alternative entirely onsite, where such remedial action is selected and carried out in plans under consideration. The President's proposed decision regard- compliance with this section. ing the selection of remedial action shall be accompanied by a (2) A State may enforce any Federal or State standard, requirement, response to the comments submitted by the State, including an criteria, or limitation to which the remedial action is required to explanation regarding any decision under subsection (d)(4) on compli- conform under this Act in the United States district court for the ance with promulgated State standards. A copy of such response shall district in which the facility is located. Any consent decree shall require „ also be provided to the State. the parties to attempt expeditiously to resolve disagreements concerning - (I;) Prompt notice and explanation of each proposed action to the implementation of the remedial action informally with the appropriate State in which the facility is located. Federal and State agencies. Where the parties agree, the consent decree F may provide for administrative enforcement. Each consent decree shall Prior to the promulgation of such regulations, the President shall Iso contain stipulated penalties for violations of the decree in an provide notice to the State of negotiations with potentially responsible amount not to exceed $25,000 r day, which may be enforced b either R parses regarding the scope of any response action at a facility in the pe Y Y Y State, and such State may participate in such negotiations and, subject construed to impair the President the State. Such stipulated penalties shall not order to paragraph (2), any settlements. pair affect the authority c ree.the court to order (2XA) This paragraph shall apply to remedial actions secured under compliance with the specific terms of any such decree. _' section 106 [42 USCS § 9606]. At least 30 days prior to the entering (f) State involvement. (1) The President shallromul ate regulations I of any consent decree, if the President proposes to select a remedial providing for substantial and meaningful involvement by each State in "'! action that does not attain a legally applicable or relevant and initiation, development, and selection of remedial actions to be under- t_ appropriate standard, requirement, criteria, or limitation, under the taken in that State. The regulations, at a minimum, shall include each of M w authority of subsection (d)(4), the President shall provide an opportu- the following: nity for the State to concur or not concur in such selection. If the (A) State involvement in decisions whether to perform a preliminary State concurs, the State may become a signatory to the consent assessment and site inspection. _ decree. (B) Allocation of responsibility for hazard ranking system scoring. (B) If the State does not concur in-such selection, and the State 406 desires to have the remedial-action conform to such standard, require- 407 s ,