This chapter applies to actions brought by the state or a person. However, this chapter does not apply to an action brought by the state if the action arises from a site: (1) that is listed on the National Priorities List for hazardous substance response sites (40 CFR 300 et seq.); (2) that: (A) is considered a high priority site; or (B) is the site of a release that is considered a high priority release; under rules adopted by the board under IC 13-25-4-7; or (3) that is deemed by the commissioner