115 STAT. 2380 PUBLIC LAW 107-118-^AN. 11, 2002 "(i) in compliance with a State program that specifically governs response actions for the protection of public health and the environment; and "(ii) that will provide long-term protection of human health and the environment; or "(B) the State is actively pursuing an agreement to perform a response action described in subparagraph (A) at the site with a person that the State has reason to believe is capable of conducting a response action that meets the requirements of subparagraph (A). "(2) PROGRESS TOWARD CLEANUP.— I f, after the last day of the 1-year period beginning on the date on which the President proposes to list an eligible response site on the National Priorities List, the President determines that the State or other party is not making reasonable progress toward completing a response action at the eligible response site, the President may list the eligible response site on the National Priorities List. "(3) CLEANUP AGREEMENTS. — With respect to an eligible response site under paragraph (1)(B), if, after the last day of the 1-year period beginning on the date on which the President proposes to list the eligible response site on the National Priorities List, an agreement described in paragraph (1)(B) has not been reached, the President may defer the listing of the eligible response site on the National Priorities List for an additional period of not to exceed 180 days if the President determines deferring the listing would be appropriate based on— "(A) the complexity of the site; "(B) substantial progress made in negotiations; and "(C) other appropriate factors, as determined by the President. "(4) EXCEPTIONS.— The President may decline to defer, or elect to discontinue a deferral of, a listing of an eligible response site on the National Priorities List if the President determines that— "(A) deferral would not be appropriate because the State, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party; "(B) the criteria under the National Contingency Plan for issuance of a health advisory have been met; or
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