Federal and State Partnership for Environmental Protection Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to consult with affected states: (1) in undertaking a removal action concerning hazardous substances, pollutants, and contaminants (substances); and (2) during (currently, before) the process of selecting any appropriate remedial action.
Requires the Administrator of the Environmental Protection Agency (EPA) and each federal entity responsible for federal facility compliance to consult with state and local officials and provide them the opportunity to participate in the planning and selection of a remedial action with respect to such a facility. Requires a determination made by state or local officials to not participate in such action to be documented in the administrative record regarding the action.
(Sec. 3) Requires the President to grant states credit for the share of costs with respect to a facility listed on the National Priorities List under the National Contingency Plan for amounts expended for removal at such facility of such substances in addition to the credits currently given for remedial actions. Authorizes credit to be given for oversight costs and in-kind expenditures.
(Sec. 4) Requires the President, upon the request of a state, to provide to such state the basis for not including a priority among releases of such substances on the revised national list. Prohibits the President from adding a facility to the national list over the written objection of the state, unless:
Removes provisions concerning the 100 highest priority facilities. Authorizes states to designate a facility to the national list no more than once every five years.
Includes, as a minimum requirement in regulations that provide for involvement by each state in remedial actions, state concurrence in adding sites to the National Priorities List.
(Sec. 5) Requires remedial actions to meet any state environmental covenant law or state law or regulation requiring the use of engineering control or land use control if they are more stringent than federal requirements.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2226 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2226
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 relating to State consultation on removal and
remedial actions, State concurrence with listing on the National
Priorities List, and State credit for contributions to the removal or
remedial action, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2013
Mr. Johnson of Ohio introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 relating to State consultation on removal and
remedial actions, State concurrence with listing on the National
Priorities List, and State credit for contributions to the removal or
remedial action, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal and State Partnership for
Environmental Protection Act of 2013''.
SEC. 2. CONSULTATION WITH STATES.
(a) Removal.--Section 104(a)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(a)(2)) is amended by striking ``Any removal action undertaken by
the President under this subsection (or by any other person referred to
in section 122) should'' and inserting ``In undertaking a removal
action under this subsection, the President (or any other person
undertaking a removal action pursuant to section 122) shall consult
with the affected State or States. Such removal action should''.
(b) Remedial Action.--Section 104(c)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(c)(2)) is amended by striking ``before determining any
appropriate remedial action'' and inserting ``during the process of
selecting, and in selecting, any appropriate remedial action''.
(c) Selection of Remedial Action.--Section 104(c)(4) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(c)(4)) is amended by striking ``shall select
remedial actions'' and inserting ``shall, in consultation with the
affected State or States, select remedial actions''.
(d) Consultation With State and Local Officials.--Section 120(f) of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9620(f)) is amended--
(1) by striking ``shall afford to'' and inserting ``shall
consult with'';
(2) by inserting ``and shall provide such State and local
officials'' before ``the opportunity to participate''; and
(3) by adding at the end the following: ``If State or local
officials make a determination not to participate in the
planning and selection of the remedial action, such
determination shall be documented in the administrative record
regarding the selection of the response action.''.
SEC. 3. STATE CREDIT FOR OTHER CONTRIBUTIONS.
Section 104(c)(5) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(5)) is
amended--
(1) in subparagraph (A)--
(A) by inserting ``removal at such facility, or
for'' before ``remedial action''; and
(B) by striking ``non-Federal funds.'' and
inserting ``non-Federal funds, including oversight
costs and in-kind expenditures. For purposes of this
paragraph, in-kind expenditures shall include
expenditures for, or contributions of, real property,
equipment, goods, and services, valued at a fair market
value, that are provided for the removal or remedial
action at the facility, and amounts derived from
materials recycled, recovered, or reclaimed from the
facility, valued at a fair market value, that are used
to fund or offset all or a portion of the cost of the
removal or remedial action.''; and
(2) in subparagraph (B), by inserting ``removal or'' after
``under this paragraph shall include expenses for''.
SEC. 4. STATE CONCURRENCE WITH LISTING ON THE NATIONAL PRIORITIES LIST.
(a) Basis for Recommendation.--Section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9605(a)(8)(B)) is amended--
(1) by inserting ``Not later than 90 days after any
revision of the national list, with respect to a priority not
included on the revised national list, upon request of the
State that submitted the priority for consideration under this
subparagraph, the President shall provide to such State, in
writing, the basis for not including such priority on such
revised national list. The President may not add a facility to
the national list over the written objection of the State,
unless (i) the State, as an owner or operator or a significant
contributor of hazardous substances to the facility, is a
potentially responsible party, (ii) the President determines
that the contamination has migrated across a State boundary,
resulting in the need for response actions in multiple States,
or (iii) the criteria under the national contingency plan for
issuance of a health advisory have been met.'' after ``the
President shall consider any priorities established by the
States.''; and
(2) by striking ``To the extent practicable, the highest
priority facilities shall be designated individually and shall
be referred to as'' and all that follows through the semicolon
at the end, and inserting ``Not more frequently than once every
5 years, a State may designate a facility that meets the
criteria set forth in subparagraph (A) of this paragraph, which
shall be included on the national list;''.
(b) State Involvement.--Section 121(f)(1)(C) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(f)(1)(C)) is amended by striking ``deleting sites from''
and inserting ``adding sites to, and deleting sites from,''.
<all>
Hearings Held by the Subcommittee on Environment and the Economy Prior to Introduction and Referral.
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment and the Economy.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 11 - 7 .
Subcommittee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
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Ordered to be Reported by the Yeas and Nays: 27 - 19.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 113-178, Part I.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 113-178, Part I.
House Committee on Transportation Granted an extension for further consideration ending not later than Nov. 1, 2013.
Provisions of this measure incorporated into H.R. 2279.
Committee on Transportation discharged.
Committee on Transportation discharged.
Placed on the Union Calendar, Calendar No. 182.