[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,''.
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