I 

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. 

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 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal and State 

3 Partnership for Environmental Protection Act of 2013’’. 

4 SEC. 2. CONSULTATION WITH STATES. 

5 (a) REMOVAL.—Section 104(a)(2) of the Comprehen6 sive Environmental Response, Compensation, and Liabil7 ity Act of 1980 (42 U.S.C. 9604(a)(2)) is amended by 

8 striking ‘‘Any removal action undertaken by the President 

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

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

11 removal action under this subsection, the President (or 

12 any other person undertaking a removal action pursuant 

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

14 States. Such removal action should’’. 

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

16 Comprehensive Environmental Response, Compensation, 

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

18 amended by striking ‘‘before determining any appropriate 

19 remedial action’’ and inserting ‘‘during the process of se20 lecting, and in selecting, any appropriate remedial action’’. 

21 (c) SELECTION OF REMEDIAL ACTION.—Section 

22 104(c)(4) of the Comprehensive Environmental Response, 

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

24 9604(c)(4)) is amended by striking ‘‘shall select remedial 

25 actions’’ and inserting ‘‘shall, in consultation with the af26 fected State or States, select remedial actions’’. 


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1 (d) CONSULTATION WITH STATE AND LOCAL OFFI2 CIALS.—Section 120(f) of the Comprehensive Environ3 mental Response, Compensation, and Liability Act of 

4 1980 (42 U.S.C. 9620(f)) is amended— 

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

6 ‘‘shall consult with’’; 

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

8 and local officials’’ before ‘‘the opportunity to par9 ticipate’’; and 

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

11 State or local officials make a determination not to 

12 participate in the planning and selection of the re13 medial action, such determination shall be docu14 mented in the administrative record regarding the 

15 selection of the response action.’’. 

16 SEC. 3. STATE CREDIT FOR OTHER CONTRIBUTIONS. 

17 Section 104(c)(5) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9604(c)(5)) is amended— 

20 (1) in subparagraph (A)— 

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

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

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

24 inserting ‘‘non-Federal funds, including over25 sight costs and in-kind expenditures. For purVerDate Mar 15 2010 01:58 Jun 04, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2226.IH H2226

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1 poses of this paragraph, in-kind expenditures 

2 shall include expenditures for, or contributions 

3 of, real property, equipment, goods, and serv4 ices, valued at a fair market value, that are 

5 provided for the removal or remedial action at 

6 the facility, and amounts derived from mate7 rials recycled, recovered, or reclaimed from the 

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

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

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

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

12 or’’ after ‘‘under this paragraph shall include ex13 penses for’’. 

14 SEC. 4. STATE CONCURRENCE WITH LISTING ON THE NA15 TIONAL PRIORITIES LIST. 

16 (a) BASIS FOR RECOMMENDATION.—Section 

17 105(a)(8)(B) of the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 1980 (42 

19 U.S.C. 9605(a)(8)(B)) is amended— 

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

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

22 priority not included on the revised national list, 

23 upon request of the State that submitted the priority 

24 for consideration under this subparagraph, the 

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


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1 basis for not including such priority on such revised 

2 national list. The President may not add a facility 

3 to the national list over the written objection of the 

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

5 or a significant contributor of hazardous substances 

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

7 the President determines that the contamination has 

8 migrated across a State boundary, resulting in the 

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

10 the criteria under the national contingency plan for 

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

12 ‘‘the President shall consider any priorities estab13 lished by the States.’’; and 

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

15 highest priority facilities shall be designated individ16 ually and shall be referred to as’’ and all that follows 

17 through the semicolon at the end, and inserting 

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

19 State may designate a facility that meets the criteria 

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

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

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

23 the Comprehensive Environmental Response, Compensa24 tion, and Liability Act of 1980 (42 U.S.C. 9621(f)(1)(C)) 


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

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

Æ 


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