185
application. A notification under this subpara-
graph is final agency action for purposes of ju-
dicial review. A Governor may submit a revised
application any time after receiving notice of
disapproval.
‘‘(b) STATE RESPONSIBILITIES AND AUTHORITIES.—
‘‘(1) 
PROCEDURES
AND
REQUIREMENTS.—
When selecting a remedy at a facility for which the
State has been delegated to take such action pursu-
ant to subsection (a), a State shall select a remedy
pursuant to section 121 of this Act. A State shall
determine liability for response costs and damages
at such facility pursuant to section 107 of this Act.
‘‘(2) CERTIFICATION OF USE OF FUNDS.—Not
later than one year after a State receives funds pur-
suant to subsection (d), and annually thereafter for
as long as the State receives such funds, the Gov-
ernor of the State shall submit to the Administrator
the following:
‘‘(A) A certification that the State has
used the funds in accordance with the require-
ments of this section and this Act.
‘‘(B) Information describing the manner in
which the State has used the funds.
186
‘‘(C) Such other information about the use
of the funds as the Administrator considers
necessary.
‘‘(3) DELISTING OF NATIONAL PRIORITIES LIST
FACILITIES.—After notice and an opportunity for
public comment, a State authorized pursuant to sub-
section (a) to take the action described in subpara-
graph (A), (B), or (E) of paragraph (1) of that sub-
section with respect to a facility may—
‘‘(A) delist the facility, or portion thereof,
from the National Priorities List if the State
finds that no further action to address the con-
tamination at the facility (or portion thereof) is
necessary to adequately protect human health
and the environment from realistic and signifi-
cant risks; or
‘‘(B) with the concurrence of the poten-
tially responsible parties, delist the facility, or
portion thereof, from the National Priorities
List if the State has an enforceable agreement
to clean up the facility or if cleanup will pro-
ceed at the facility under the Solid Waste Dis-
posal Act.
‘‘(4) COST RECOVERY.—All response costs paid
by the State using funds from State funds recovered
187
under section 107 by a State for costs incurred at
a facility for which the State has delegated authority
to take such action pursuant to subsection (a) shall
be retained by the State. All response costs paid by
funds from the Hazardous Substance Superfund es-
tablished under subchapter A of chapter 98 of the
Internal Revenue Code of 1986 recovered under sec-
tion 107 by a State for costs incurred at a facility
for which the State has delegated authority to take
such action pursuant to subsection (a) shall be de-
posited into such Superfund. Notwithstanding para-
graph (1), the Administrator may take actions under
section 107 to recover response costs at such a facil-
ity.
‘‘(c) FEDERAL RESPONSIBILITIES
AND AUTHORI-
TIES.—
‘‘(1) REVIEW OF USE OF FUNDS.—The Admin-
istrator shall review the certification submitted by
the Governor pursuant to subsection (b)(2) within
120 days after its submission. If the Administrator
finds that funds were used in a manner that is clear-
ly inconsistent with the provisions of this Act, the
Administrator shall notify the Governor in writing
within 120 days after receiving the Governor’s cer-
tification. If the Governor fails to demonstrate with-
188
in 30 days after receiving such notice that the Ad-
ministrator’s finding is in error, or that the misuse
or misapplication of funds is being corrected, the
Administrator may request reimbursement of such
sums as the Administrator has found to be mis-
applied or misused or bring an action in the appro-
priate United States district court to recover the
amount of funds used in a manner clearly inconsist-
ent with the provisions of this Act.
‘‘(2) WITHDRAWAL OF DELEGATION.—
‘‘(A) CERTIFIED STATES.—If the Adminis-
trator finds that a State does not meet the re-
quirements for a delegation of authority under
subsection (a)(2), or is exercising such author-
ity in a manner clearly inconsistent with the re-
quirements of this Act, the Administrator may
withdraw all of the State’s delegated authority
after providing notice and an opportunity to
correct deficiencies pursuant to subparagraph
(B).
‘‘(B) NOTICE AND OPPORTUNITY TO REC-
TIFY.—The Administrator shall notify a State
in writing prior to withdrawing any delegated
authority approved pursuant to subsection (a).
If the State has not addressed the deficiencies
189
listed in the Administrator’s notification within
90 days after receiving the notification, the au-
thority may be withdrawn.
‘‘(3) PROHIBITED
ACTIONS.—Except as pro-
vided in subsections (b)(4) and (e), the Adminis-
trator is prohibited from taking any actions under
sections 104, 106, 107, 117, 121, 122, and section
128 (relating to mandatory allocations at multiparty
facilities), and under subsections (e) and (h) (other
than subsection (h)(2)) of section 120, at any facil-
ity on the National Priorities List for which author-
ity to take such actions has been delegated to a
State under this section.
‘‘(d) FUNDING.—
‘‘(1) IN GENERAL.—The cost to a State of exer-
cising any delegated authorities shall be funded as
such costs arise, where such costs may be deter-
mined on a site-specific basis, except as provided in
paragraph (5). The Administrator shall publish a
list of the activities for which costs may and may
not be determined on a site-specific basis.
‘‘(2) FORMULA.—The Administrator may estab-
lish a formula to allocate funds among States for
program activities for which costs cannot be deter-
mined on a site-specific basis. In establishing the
190
formula by which funds may be allocated to a par-
ticular State, the Administrator shall consider the
following:
‘‘(A) The cost of administering the dele-
gated authority.
‘‘(B) The number of facilities for which the
State has been delegated authority.
‘‘(C) The types of activities for which the
State has been delegated authority.
‘‘(D) The number of facilities within the
State on the National Priorities List.
‘‘(E) The number of other high priority fa-
cilities within the State.
‘‘(F) The need for development of the
State program.
‘‘(G) The need for additional personnel.
‘‘(H) The amount of resources available
through State programs for the cleanup of con-
taminated facilities.
‘‘(I) The benefit to human health and the
environment of providing the funding.
‘‘(3) USE OF FUNDS.—A State may use funds
provided under this section to take any actions or
perform any duties necessary to implement its dele-
gated authority.