Federal and State Partnership for Environmental Protection Act of 2013

Summary: 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:   the state, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party;  the President determines that the contamination has migrated across a state boundary, resulting in the need for response actions in multiple states; or   the criteria under the national contingency plan for issuance of a health advisory have been met.  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.

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 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. 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,''.

SEC. 5. 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,''.