IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 TITLE I—REDUCING EXCESSIVE 

2 DEADLINE OBLIGATIONS 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Reducing Excessive 

5 Deadline Obligations Act of 2014’’. 

6 SEC. 102. REVIEW OF REGULATIONS UNDER THE SOLID 

7 WASTE DISPOSAL ACT. 

8 Section 2002(b) of the Solid Waste Disposal Act (42 

9 U.S.C. 6912(b)) is amended to read as follows: 

10 ‘‘(b) REVIEW OF REGULATIONS.—The Administrator 

11 shall review, and revise, as the Administrator determines 

12 appropriate, regulations promulgated under this Act.’’. 

13 SEC. 103. FINANCIAL RESPONSIBILITY FOR CLASSES OF FA14 CILITIES UNDER CERCLA. 

15 Section 108(b) of the Comprehensive Environmental 

16 Response, Compensation, and Liability Act of 1980 (42 

17 U.S.C. 9608(b)) is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘Not later than three years 

20 after the date of enactment of the Act, the 

21 President shall’’ and inserting ‘‘The President 

22 shall, as appropriate,’’; and 

23 (B) by striking ‘‘first’’ after ‘‘for which re24 quirements will be’’; and 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘Financial responsibility 

2 may be established’’ and inserting ‘‘Owners and 

3 operators may establish financial responsi4 bility’’; 

5 (B) by striking ‘‘any one, or any combina6 tion, of the following:’’ and inserting ‘‘forms of 

7 security, including’’; and 

8 (C) by striking ‘‘or qualification’’ and in9 serting ‘‘and qualification’’. 

10 SEC. 104. REPORT TO CONGRESS REGARDING FINANCIAL 

11 RESPONSIBILITY REQUIREMENTS. 

12 Section 108(b) of the Comprehensive Environmental 

13 Response, Compensation, and Liability Act of 1980 (42 

14 U.S.C. 9608(b)) is further amended by adding at the end 

15 the following: 

16 ‘‘(6) The President may not promulgate any financial 

17 responsibility requirement under this subsection without 

18 first submitting to Congress a report— 

19 ‘‘(A) describing each facility or class of facilities 

20 to be covered by such requirement; 

21 ‘‘(B) describing the development of such re22 quirement, why the facility or class of facilities pro23 posed to be covered by such requirement present the 

24 highest level of risk of injury, and why the facility 


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1 or class of facilities is not already covered by ade2 quate financial responsibility requirements; 

3 ‘‘(C) describing the financial responsibility re4 quirements promulgated by States or other Federal 

5 agencies for the facility or class of facilities to be 

6 covered by the financial responsibility requirement 

7 proposed under this subsection and explaining why 

8 the requirement proposed under this subsection is 

9 necessary; 

10 ‘‘(D) describing the exposure to the Fund for 

11 response costs resulting from the facility or class of 

12 facilities proposed to be covered; and 

13 ‘‘(E) describing the capacity of the financial 

14 and credit markets to provide instruments of finan15 cial responsibility necessary to meet such require16 ment. 

17 The President shall update any report submitted under 

18 this paragraph to reflect any revision of the facilities or 

19 classes of facilities to be covered by a financial responsi20 bility requirement that is the subject of such report.’’. 

21 SEC. 105. PREEMPTION OF FINANCIAL RESPONSIBILITY RE22 QUIREMENTS. 

23 Section 114(d) of the Comprehensive Environmental 

24 Response, Compensation, and Liability Act of 1980 (42 

25 U.S.C. 9614(d)) is amended to read as follows: 


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1 ‘‘(d) No owner or operator of a vessel or facility who 

2 establishes and maintains evidence of financial responsi3 bility associated with the production, transportation, 

4 treatment, storage, or disposal of hazardous substances 

5 pursuant to financial responsibility requirements under 

6 any State law or regulation, or any other Federal law or 

7 regulation, shall be required to establish or maintain evi8 dence of financial responsibility under this title, unless the 

9 President determines, after notice and opportunity for 

10 public comment, that in the event of a release of a haz11 ardous substance that is not a federally permitted release 

12 or authorized by a State permit, such other Federal or 

13 State financial responsibility requirements are insufficient 

14 to cover likely response costs under section 104. If the 

15 President determines that such other Federal or State fi16 nancial responsibility requirements are insufficient to 

17 cover likely response costs under section 104 in the event 

18 of such a release, the President shall accept evidence of 

19 compliance with such other Federal or State financial re20 sponsibility requirements in lieu of compliance with any 

21 portion of the financial responsibility requirements pro22 mulgated under this title to which they correspond.’’. 

23 SEC. 106. EXPLOSIVE RISKS PLANNING NOTIFICATION. 

24 Not later than 180 days after the date of enactment 

25 of this Act, the owner or operator of each facility at which 


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1 substances listed in appendix A to part 27 of title 6, Code 

2 of Federal Regulations, as flammables or explosives are 

3 present above the screening threshold listed therein shall 

4 notify the State emergency response commission for the 

5 State in which such facility is located that such substances 

6 are present at such facility and of the amount of such 

7 substances that are present at such facility. 

8 TITLE II—FEDERAL AND STATE 

9 PARTNERSHIP FOR ENVIRON10 MENTAL PROTECTION 

11 SEC. 201. SHORT TITLE. 

12 This title may be cited as the ‘‘Federal and State 

13 Partnership for Environmental Protection Act of 2014’’. 

14 SEC. 202. CONSULTATION WITH STATES. 

15 (a) REMOVAL.—Section 104(a)(2) of the Comprehen16 sive Environmental Response, Compensation, and Liabil17 ity Act of 1980 (42 U.S.C. 9604(a)(2)) is amended by 

18 striking ‘‘Any removal action undertaken by the President 

19 under this subsection (or by any other person referred to 

20 in section 122) should’’ and inserting ‘‘In undertaking a 

21 removal action under this subsection, the President (or 

22 any other person undertaking a removal action pursuant 

23 to section 122) shall consult with the affected State or 

24 States. Such removal action should’’. 


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1 (b) REMEDIAL ACTION.—Section 104(c)(2) of the 

2 Comprehensive Environmental Response, Compensation, 

3 and Liability Act of 1980 (42 U.S.C. 9604(c)(2)) is 

4 amended by striking ‘‘before determining any appropriate 

5 remedial action’’ and inserting ‘‘during the process of se6 lecting, and in selecting, any appropriate remedial action’’. 

7 (c) SELECTION OF REMEDIAL ACTION.—Section 

8 104(c)(4) of the Comprehensive Environmental Response, 

9 Compensation, and Liability Act of 1980 (42 U.S.C. 

10 9604(c)(4)) is amended by striking ‘‘shall select remedial 

11 actions’’ and inserting ‘‘shall, in consultation with the af12 fected State or States, select remedial actions’’. 

13 (d) CONSULTATION WITH STATE AND LOCAL OFFI14 CIALS.—Section 120(f) of the Comprehensive Environ15 mental Response, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9620(f)) is amended— 

17 (1) by striking ‘‘shall afford to’’ and inserting 

18 ‘‘shall consult with’’; 

19 (2) by inserting ‘‘and shall provide such State 

20 and local officials’’ before ‘‘the opportunity to par21 ticipate in’’; and 

22 (3) by adding at the end the following: ‘‘If 

23 State or local officials make a determination not to 

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1 mented in the administrative record regarding the 

2 selection of the response action.’’. 

3 SEC. 203. STATE CREDIT FOR OTHER CONTRIBUTIONS. 

4 Section 104(c)(5) of the Comprehensive Environ5 mental Response, Compensation, and Liability Act of 

6 1980 (42 U.S.C. 9604(c)(5)) is amended— 

7 (1) in subparagraph (A)— 

8 (A) by inserting ‘‘removal at such facility, 

9 or for’’ before ‘‘remedial action’’; and 

10 (B) by striking ‘‘non-Federal funds.’’ and 

11 inserting ‘‘non-Federal funds, including over12 sight costs and in-kind expenditures. For pur13 poses of this paragraph, in-kind expenditures 

14 shall include expenditures for, or contributions 

15 of, real property, equipment, goods, and serv16 ices, valued at a fair market value, that are 

17 provided for the removal or remedial action at 

18 the facility, and amounts derived from mate19 rials recycled, recovered, or reclaimed from the 

20 facility, valued at a fair market value, that are 

21 used to fund or offset all or a portion of the 

22 cost of the removal or remedial action.’’; and 

23 (2) in subparagraph (B), by inserting ‘‘removal 

24 or’’ after ‘‘under this paragraph shall include ex25 penses for’’. 


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1 SEC. 204. STATE CONCURRENCE WITH LISTING ON THE NA2 TIONAL PRIORITIES LIST. 

3 (a) BASIS FOR RECOMMENDATION.—Section 

4 105(a)(8)(B) of the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of 1980 (42 

6 U.S.C. 9605(a)(8)(B)) is amended— 

7 (1) by inserting ‘‘Not later than 90 days after 

8 any revision of the national list, with respect to a 

9 priority not included on the revised national list, 

10 upon request of the State that submitted the priority 

11 for consideration under this subparagraph, the 

12 President shall provide to such State, in writing, the 

13 basis for not including such priority on such revised 

14 national list. The President may not add a facility 

15 to the national list over the written objection of the 

16 State, unless (i) the State, as an owner or operator 

17 or a significant contributor of hazardous substances 

18 to the facility, is a potentially responsible party, (ii) 

19 the President determines that the contamination has 

20 migrated across a State boundary, resulting in the 

21 need for response actions in multiple States, or (iii) 

22 the criteria under the national contingency plan for 

23 issuance of a health advisory have been met.’’ after 

24 ‘‘the President shall consider any priorities estab25 lished by the States.’’; and 


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1 (2) by striking ‘‘To the extent practicable, the 

2 highest priority facilities shall be designated individ3 ually and shall be referred to as’’ and all that follows 

4 through the semicolon at the end, and inserting 

5 ‘‘Not more frequently than once every 5 years, a 

6 State may designate a facility that meets the criteria 

7 set forth in subparagraph (A) of this paragraph, 

8 which shall be included on the national list;’’. 

9 (b) STATE INVOLVEMENT.—Section 121(f)(1)(C) of 

10 the Comprehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C. 9621(f)(1)(C)) 

12 is amended by striking ‘‘deleting sites from’’ and inserting 

13 ‘‘adding sites to, and deleting sites from,’’. 

14 SEC. 205. STATE ENVIRONMENTAL COVENANT LAW. 

15 Section 121(d)(2)(A)(ii) of the Comprehensive Envi16 ronmental Response, Compensation, and Liability Act of 

17 1980 (42 U.S.C. 9621(d)(2)(A)(ii)) is amended by strik18 ing ‘‘State environmental or facility siting law’’ and insert19 ing ‘‘State environmental, facility siting, or environmental 

20 covenant law, or under a State law or regulation requiring 

21 the use of engineering controls or land use controls,’’. 


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1 TITLE III—FEDERAL FACILITY 

2 ACCOUNTABILITY 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘Federal Facility Ac5 countability Act of 2014’’. 

6 SEC. 302. FEDERAL FACILITIES. 

7 (a) APPLICATION TO FEDERAL GOVERNMENT.—Sec8 tion 120(a) of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42 

10 U.S.C. 9620(a)) is amended in the heading by striking 

11 ‘‘OF ACT’’. 

12 (b) APPLICATION OF REQUIREMENTS TO FEDERAL

13 FACILITIES.—Section 120(a)(2) of the Comprehensive 

14 Environmental Response, Compensation, and Liability Act 

15 of 1980 (42 U.S.C. 9620(a)(2)) is amended— 

16 (1) by striking ‘‘preliminary assessments’’ and 

17 inserting ‘‘response actions’’; 

18 (2) by inserting ‘‘or’’ after ‘‘National Contin19 gency Plan,’’; 

20 (3) by striking ‘‘, or applicable to remedial ac21 tions at such facilities’’; and 

22 (4) by inserting ‘‘or have been’’ before ‘‘owned 

23 or operated’’. 

24 (c) APPLICABILITY OF LAWS.—Section 120(a)(4) of 

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1 tion, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) 

2 is amended to read as follows: 

3 ‘‘(4) APPLICABILITY OF LAWS.— 

4 ‘‘(A) IN GENERAL.—Each department, 

5 agency, and instrumentality of the United 

6 States shall be subject to, and comply with, at 

7 facilities that are or have been owned or oper8 ated by any such department, agency, or instru9 mentality, State substantive and procedural re10 quirements regarding response relating to haz11 ardous substances or pollutants or contami12 nants, including State hazardous waste require13 ments, in the same manner and to the same ex14 tent as any nongovernmental entity. 

15 ‘‘(B) COMPLIANCE.— 

16 ‘‘(i) IN GENERAL.—The United States 

17 hereby expressly waives any immunity oth18 erwise applicable to the United States with 

19 respect to any State substantive or proce20 dural requirement referred to in subpara21 graph (A). 

22 ‘‘(ii) INJUNCTIVE RELIEF.—Neither 

23 the United States, nor any agent, em24 ployee, nor officer thereof, shall be immune 

25 or exempt from any process or sanction of 


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1 any State or Federal Court with respect to 

2 the enforcement of any injunctive relief 

3 under subparagraph (C)(ii). 

4 ‘‘(iii) CIVIL PENALTIES.—No agent, 

5 employee, or officer of the United States 

6 shall be personally liable for any civil pen7 alty under any State substantive or proce8 dural requirement referred to in subpara9 graph (A), or this Act, with respect to any 

10 act or omission within the scope of the of11 ficial duties of the agent, employee, or offi12 cer. 

13 ‘‘(C) SUBSTANTIVE AND PROCEDURAL RE14 QUIREMENTS.—The State substantive and pro15 cedural requirements referred to in subpara16 graph (A) include— 

17 ‘‘(i) administrative orders; 

18 ‘‘(ii) injunctive relief; 

19 ‘‘(iii) civil and administrative penalties 

20 and fines, regardless of whether such pen21 alties or fines are punitive or coercive in 

22 nature or are imposed for isolated, inter23 mittent, or continuing violations; 

24 ‘‘(iv) reasonable service charges or 

25 oversight costs; and 


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1 ‘‘(v) laws or regulations requiring the 

2 imposition and maintenance of engineering 

3 or land use controls. 

4 ‘‘(D) REASONABLE SERVICE CHARGES OR

5 OVERSIGHT COSTS.—The reasonable service 

6 charges or oversight costs referred to in sub7 paragraph (C) include fees or charges assessed 

8 in connection with— 

9 ‘‘(i) the processing, issuance, renewal, 

10 or modification of permits; 

11 ‘‘(ii) the review of plans, reports, 

12 studies, and other documents; 

13 ‘‘(iii) attorney’s fees; 

14 ‘‘(iv) inspection and monitoring of fa15 cilities or vessels; and 

16 ‘‘(v) any other nondiscriminatory 

17 charges that are assessed in connection 

18 with a State requirement regarding re19 sponse relating to hazardous substances or 

20 pollutants or contaminants.’’. 

21 SEC. 303. AUTHORITY TO DELEGATE, ISSUE REGULATIONS. 

22 Section 115 of the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 1980 (42 

24 U.S.C. 9615) is amended by adding at the end the fol25 lowing new sentence: ‘‘If the President delegates or asVerDate Mar 15 2010 02:22 Jan 14, 2014 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2279.RFS H2279

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1 signs any duties or powers under this section to a depart2 ment, agency, or instrumentality of the United States 

3 other than the Administrator, the Administrator may re4 view, as the Administrator determines necessary or upon 

5 request of any State, actions taken, or regulations promul6 gated, pursuant to such delegation or assignment, for pur7 poses of ensuring consistency with the guidelines, rules, 

8 regulations, or criteria established by the Administrator 

9 under this title.’’. 

Passed the House of Representatives January 9, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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