113 HR 2279 IH: Reducing Excessive Deadline Obligations Act of 2013 U.S. House of Representatives 2013-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 2279 IN THE HOUSE OF REPRESENTATIVES June 6, 2013 Mr. Gardner 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 Solid Waste Disposal Act relating to review of regulations under such Act and to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 relating to financial responsibility for classes of facilities.

1.

Short title

This Act may be cited as the Reducing Excessive Deadline Obligations Act of 2013.

2.

Review of regulations under the Solid Waste Disposal Act

Section 2002(b) of the Solid Waste Disposal Act (42 U.S.C. 6912(b)) is amended to read as follows: (b)

Review of regulations

The Administrator shall review, and revise, as the Administrator determines appropriate, regulations promulgated under this Act..

3.

Financial responsibility for classes of facilities under CERCLA

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)) is amended— (1)in paragraph (1)— (A)by striking Not later than three years after the date of enactment of the Act, the President shall and inserting The President shall, as appropriate,; and (B)by striking first after for which requirements will be; and (2)in paragraph (2)— (A)by striking any one, or any combination, of the following: and inserting forms of security, including; and (B)by striking or qualification and inserting and qualification.

4.

Report to Congress regarding financial responsibility requirements

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)) is further amended by adding at the end the following: (6)The President may not promulgate any financial responsibility requirement under this subsection without first submitting to Congress a report— (A)describing each facility or class of facilities to be covered by such requirement; (B)describing the development of such requirement, why the facility or class of facilities proposed to be covered by such requirement present the highest level of risk of injury, and why the facility or class of facilities is not already covered by adequate financial responsibility requirements; (C)describing the financial responsibility requirements promulgated by States or other Federal agencies for the facility or class of facilities to be covered by the financial responsibility requirement proposed under this subsection and explaining why the requirement proposed under this subsection is necessary; (D)describing the exposure to the Fund for response costs resulting from the facility or class of facilities proposed to be covered; and (E)describing the capacity of the financial and credit markets to provide instruments of financial responsibility necessary to meet such requirement.The President shall update any report submitted under this paragraph to reflect any revision of the facilities or classes of facilities to be covered by a financial responsibility requirement that is the subject of such report..

5.

Preemption of financial responsibility requirements

Section 114(d) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9614(d)) is amended to read as follows: (d)No owner or operator of a vessel or facility who establishes and maintains evidence of financial responsibility associated with the production, transportation, treatment, storage, or disposal of hazardous substances pursuant to financial responsibility requirements under any State law or regulation, or any other Federal law or regulation, shall be required to establish or maintain evidence of financial responsibility under this title, unless the President determines, after notice and opportunity for public comment, that in the event of a release, such other Federal or State financial responsibility requirements are insufficient to cover likely response costs under section 104. Except as provided in this subsection, evidence of compliance with such other Federal or State financial responsibility requirements shall be accepted by the President in lieu of compliance with any requirement for financial responsibility promulgated under this title..