has a response program that includes each of the elements, or is taking reasonable steps to include each of the elements, listed in paragraph (2); or

is a party to a memorandum of agreement with the Administrator for voluntary response programs.

capitalize a revolving loan fund for brownfield remediation under section 9604(k)(3) of this title;

purchase insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State response program; or

assist small communities, Indian tribes, rural areas, or disadvantaged areas in carrying out activities described in section 9604(k)(7)(A) of this title with respect to brownfield sites.

protect human health and the environment; and

be conducted in accordance with applicable Federal and State law; and

if the person conducting the response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed.

public access to documents that the State, Indian tribe, or party conducting the cleanup is relying on or developing in making cleanup decisions or conducting site activities;

prior notice and opportunity for comment on proposed cleanup plans and site activities; and

a person that is or may be affected by a release or threatened release of a hazardous substance, pollutant, or contaminant at a brownfield site located in the community in which the person works or resides may request the conduct of a site assessment; and

an appropriate State official shall consider and appropriately respond to a request under subclause (I).

there is a release or threatened release of a hazardous substance, pollutant, or contaminant; and

a person is conducting or has completed a response action regarding the specific release that is addressed by the response action that is in compliance with the State program that specifically governs response actions for the protection of public health and the environment,

the State requests that the President provide assistance in the performance of a response action;

the Administrator determines that contamination has migrated or will migrate across a State line, resulting in the need for further response action to protect human health or the environment, or the President determines that contamination has migrated or is likely to migrate onto property subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States and may impact the authorized purposes of the Federal property;

a release or threatened release may present an imminent and substantial endangerment to public health or welfare or the environment; and

additional response actions are likely to be necessary to address, prevent, limit, or mitigate the release or threatened release; or

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.

notify the State of the action the Administrator intends to take; and

wait 48 hours for a reply from the State under clause (ii); or

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.

the release at the eligible response site is or has been subject to a cleanup conducted under a State program; and

the State is planning to abate the release or threatened release, any actions that are planned.

modifies or otherwise affects a memorandum of agreement, memorandum of understanding, or any similar agreement relating to this chapter between a State agency or an Indian tribe and the Administrator that is in effect on or before January 11, 2002 (which agreement shall remain in effect, subject to the terms of the agreement); or

limits the discretionary authority of the President to enter into or modify an agreement with a State, an Indian tribe, or any other person relating to the implementation by the President of statutory authorities.