[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2279 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 2279


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 13, 2014

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

            TITLE I--REDUCING EXCESSIVE DEADLINE OBLIGATIONS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Reducing Excessive Deadline 
Obligations Act of 2014''.

SEC. 102. 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.''.

SEC. 103. 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 ``Financial responsibility may be 
                established'' and inserting ``Owners and operators may 
                establish financial responsibility'';
                    (B) by striking ``any one, or any combination, of 
                the following:'' and inserting ``forms of security, 
                including''; and
                    (C) by striking ``or qualification'' and inserting 
                ``and qualification''.

SEC. 104. 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.''.

SEC. 105. 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 of a hazardous substance that is not a federally 
permitted release or authorized by a State permit, such other Federal 
or State financial responsibility requirements are insufficient to 
cover likely response costs under section 104. If the President 
determines that such other Federal or State financial responsibility 
requirements are insufficient to cover likely response costs under 
section 104 in the event of such a release, the President shall accept 
evidence of compliance with such other Federal or State financial 
responsibility requirements in lieu of compliance with any portion of 
the financial responsibility requirements promulgated under this title 
to which they correspond.''.

SEC. 106. EXPLOSIVE RISKS PLANNING NOTIFICATION.

    Not later than 180 days after the date of enactment of this Act, 
the owner or operator of each facility at which substances listed in 
appendix A to part 27 of title 6, Code of Federal Regulations, as 
flammables or explosives are present above the screening threshold 
listed therein shall notify the State emergency response commission for 
the State in which such facility is located that such substances are 
present at such facility and of the amount of such substances that are 
present at such facility.

  TITLE II--FEDERAL AND STATE PARTNERSHIP FOR ENVIRONMENTAL PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Federal and State Partnership for 
Environmental Protection Act of 2014''.

SEC. 202. 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 in''; 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. 203. 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. 204. 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,''.

SEC. 205. 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,''.

               TITLE III--FEDERAL FACILITY ACCOUNTABILITY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Federal Facility Accountability 
Act of 2014''.

SEC. 302. FEDERAL FACILITIES.

    (a) Application to Federal Government.--Section 120(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9620(a)) is amended in the heading by striking ``of 
Act''.
    (b) Application of Requirements to Federal Facilities.--Section 
120(a)(2) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9620(a)(2)) is amended--
            (1) by striking ``preliminary assessments'' and inserting 
        ``response actions'';
            (2) by inserting ``or'' after ``National Contingency 
        Plan,'';
            (3) by striking ``, or applicable to remedial actions at 
        such facilities''; and
            (4) by inserting ``or have been'' before ``owned or 
        operated''.
    (c) Applicability of Laws.--Section 120(a)(4) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(a)(4)) is amended to read as follows:
            ``(4) Applicability of laws.--
                    ``(A) In general.--Each department, agency, and 
                instrumentality of the United States shall be subject 
                to, and comply with, at facilities that are or have 
                been owned or operated by any such department, agency, 
                or instrumentality, State substantive and procedural 
                requirements regarding response relating to hazardous 
                substances or pollutants or contaminants, including 
                State hazardous waste requirements, in the same manner 
                and to the same extent as any nongovernmental entity.
                    ``(B) Compliance.--
                            ``(i) In general.--The United States hereby 
                        expressly waives any immunity otherwise 
                        applicable to the United States with respect to 
                        any State substantive or procedural requirement 
                        referred to in subparagraph (A).
                            ``(ii) Injunctive relief.--Neither the 
                        United States, nor any agent, employee, nor 
                        officer thereof, shall be immune or exempt from 
                        any process or sanction of any State or Federal 
                        Court with respect to the enforcement of any 
                        injunctive relief under subparagraph (C)(ii).
                            ``(iii) Civil penalties.--No agent, 
                        employee, or officer of the United States shall 
                        be personally liable for any civil penalty 
                        under any State substantive or procedural 
                        requirement referred to in subparagraph (A), or 
                        this Act, with respect to any act or omission 
                        within the scope of the official duties of the 
                        agent, employee, or officer.
                    ``(C) Substantive and procedural requirements.--The 
                State substantive and procedural requirements referred 
                to in subparagraph (A) include--
                            ``(i) administrative orders;
                            ``(ii) injunctive relief;
                            ``(iii) civil and administrative penalties 
                        and fines, regardless of whether such penalties 
                        or fines are punitive or coercive in nature or 
                        are imposed for isolated, intermittent, or 
                        continuing violations;
                            ``(iv) reasonable service charges or 
                        oversight costs; and
                            ``(v) laws or regulations requiring the 
                        imposition and maintenance of engineering or 
                        land use controls.
                    ``(D) Reasonable service charges or oversight 
                costs.--The reasonable service charges or oversight 
                costs referred to in subparagraph (C) include fees or 
                charges assessed in connection with--
                            ``(i) the processing, issuance, renewal, or 
                        modification of permits;
                            ``(ii) the review of plans, reports, 
                        studies, and other documents;
                            ``(iii) attorney's fees;
                            ``(iv) inspection and monitoring of 
                        facilities or vessels; and
                            ``(v) any other nondiscriminatory charges 
                        that are assessed in connection with a State 
                        requirement regarding response relating to 
                        hazardous substances or pollutants or 
                        contaminants.''.

SEC. 303. AUTHORITY TO DELEGATE, ISSUE REGULATIONS.

    Section 115 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9615) is amended by 
adding at the end the following new sentence: ``If the President 
delegates or assigns any duties or powers under this section to a 
department, agency, or instrumentality of the United States other than 
the Administrator, the Administrator may review, as the Administrator 
determines necessary or upon request of any State, actions taken, or 
regulations promulgated, pursuant to such delegation or assignment, for 
purposes of ensuring consistency with the guidelines, rules, 
regulations, or criteria established by the Administrator under this 
title.''.

            Passed the House of Representatives January 9, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.