IB
Union Calendar No. 182
113th CONGRESS
1st Session
H. R. 2226
[Report No. 113–178, Part I]
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
July 30, 2013
Reported from the Committee on Energy and Commerce with an amendment
Strike out all after the enacting clause and insert the part printed in italic
July 30, 2013
Referral to the Committee on Transportation and Infrastructure extended for a period ending not later than November 1, 2013
November 1, 2013
Additional sponsor: Mr. Cramer
November 1, 2013
The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on June 3, 2013
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.
Short title
This Act may be cited as the Federal and State Partnership for Environmental Protection Act of 2013
.
Consultation with States
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
.
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
.
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
.
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—
by striking shall afford to
and inserting shall consult with
;
by inserting and shall provide such State and local officials
before the opportunity to participate in
; and
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.
.
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—
in subparagraph (A)—
by inserting removal at such facility, or for
before remedial action
; and
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
in subparagraph (B), by inserting removal or
after under this paragraph shall include expenses for
.
State concurrence with listing on the national priorities list
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—
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
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;
.
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,
.
State environmental covenant law
Section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)) is amended by striking State environmental or facility siting law
and inserting State environmental, facility siting, or environmental covenant law, or under a State law or regulation requiring the use of engineering controls or land use controls,
.
November 1, 2013
The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed