Page:United States Statutes at Large Volume 115 Part 3.djvu/305

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PUBLIC LAW 107-118—JAN. 11, 2002 115 STAT. 2379 notification under clause (i) without waiting for a State reply under clause (ii) if the Administrator determines that one or more exceptions under subparagraph (B) are met. "(E) REPORT TO CONGRESS.— Not later than 90 days after the date of initiation of any enforcement action by the President under clause (ii), (iii), or (iv) of subparagraph (B), the President shall submit to Congress a report describing the basis for the enforcement action, including specific references to the facts demonstrating that enforcement action is permitted under subparagraph (B). " (2) SAVINGS PROVISION. — " (A) COSTS INCURRED PRIOR TO LIMITATIONS. —Nothing in paragraph (1) precludes the President from seeking to recover costs incurred prior to the date of the enactment of this section or during a period in which the limitations of paragraph (1)(A) were not applicable. " (B) EFFECT ON AGREEMENTS BETWEEN STATES AND EPA.— Nothing in paragraph (1)— "(i) modifies or otherwise affects a memorandum of agreement, memorandum of understanding, or any similar agreement relating to this Act between a State agency or an Indian tribe and the Administrator that is in effect on or before the date of the enactment of this section (which agreement shall remain in effect, subject to the terms of the agreement); or "(ii) 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. "(3) EFFECTIVE DATE.— This subsection applies only to response actions conducted after February 15, 2001. "(c) EFFECT ON FEDERAL LAWS. — Nothing in this section affects any liability or response authority under any Federal law, including— "(1) this Act, except as provided in subsection (b); "(2) the Sohd Waste Disposal Act (42 U.S.C. 6901 et seq.); "(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); "(4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and "(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).". SEC. 232. ADDITIONS TO NATIONAL PRIORITIES LIST. Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is amended by adding at the end the following: "(h) NPL DEFERRAL.— " (1) DEFERRAL TO STATE VOLUNTARY CLEANUPS.— At the request of a State and subject to paragraphs (2) and (3), the President generally shall defer final listing of an eligible response site on the National Priorities List if the President determines that— "(A) the State, or another party under an agreement with or order from the State, is conducting a response action at the eligible response site— Deadline. President. Applicability. President.