IB 

Union Calendar No. 182 

113TH CONGRESS 

1ST SESSION H. R. 2226 

[Report No. 113–178, Part I] 

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 

JULY 30, 2013 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 30, 2013 

Referral to the Committee on Transportation and Infrastructure extended for 

a period ending not later than November 1, 2013 

NOVEMBER 1, 2013 

Additional sponsor: Mr. CRAMER

NOVEMBER 1, 2013 

The Committee on Transportation and Infrastructure discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 3, 2013] 


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•HR 2226 RH

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. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal and State Part5 nership for Environmental Protection Act of 2013’’. 

6 SEC. 2. CONSULTATION WITH STATES. 

7 (a) REMOVAL.—Section 104(a)(2) of the Comprehen8 sive Environmental Response, Compensation, and Liability 

9 Act of 1980 (42 U.S.C. 9604(a)(2)) is amended by striking 

10 ‘‘Any removal action undertaken by the President under 

11 this subsection (or by any other person referred to in section 

12 122) should’’ and inserting ‘‘In undertaking a removal ac13 tion under this subsection, the President (or any other per14 son undertaking a removal action pursuant to section 122) 

15 shall consult with the affected State or States. Such removal 

16 action should’’. 

17 (b) REMEDIAL ACTION.—Section 104(c)(2) of the Com18 prehensive Environmental Response, Compensation, and 

19 Liability Act of 1980 (42 U.S.C. 9604(c)(2)) is amended 

20 by striking ‘‘before determining any appropriate remedial 

21 action’’ and inserting ‘‘during the process of selecting, and 

22 in selecting, any appropriate remedial action’’. 

23 (c) SELECTION OF REMEDIAL ACTION.—Section 

24 104(c)(4) of the Comprehensive Environmental Response, 

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


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1 9604(c)(4)) is amended by striking ‘‘shall select remedial 

2 actions’’ and inserting ‘‘shall, in consultation with the af3 fected State or States, select remedial actions’’. 

4 (d) CONSULTATION WITH STATE AND LOCAL OFFI5 CIALS.—Section 120(f) of the Comprehensive Environ6 mental Response, Compensation, and Liability Act of 1980 

7 (42 U.S.C. 9620(f)) is amended— 

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

9 ‘‘shall consult with’’; 

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

11 and local officials’’ before ‘‘the opportunity to partici12 pate in’’; and 

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

14 or local officials make a determination not to partici15 pate in the planning and selection of the remedial ac16 tion, such determination shall be documented in the 

17 administrative record regarding the selection of the 

18 response action.’’. 

19 SEC. 3. STATE CREDIT FOR OTHER CONTRIBUTIONS. 

20 Section 104(c)(5) of the Comprehensive Environmental 

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

22 U.S.C. 9604(c)(5)) is amended— 

23 (1) in subparagraph (A)— 

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

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


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

2 inserting ‘‘non-Federal funds, including over3 sight costs and in-kind expenditures. For pur4 poses of this paragraph, in-kind expenditures 

5 shall include expenditures for, or contributions 

6 of, real property, equipment, goods, and services, 

7 valued at a fair market value, that are provided 

8 for the removal or remedial action at the facility, 

9 and amounts derived from materials recycled, re10 covered, or reclaimed from the facility, valued at 

11 a fair market value, that are used to fund or off12 set all or a portion of the cost of the removal or 

13 remedial action.’’; and 

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

15 or’’ after ‘‘under this paragraph shall include ex16 penses for’’. 

17 SEC. 4. STATE CONCURRENCE WITH LISTING ON THE NA18 TIONAL PRIORITIES LIST. 

19 (a) BASIS FOR RECOMMENDATION.—Section 

20 105(a)(8)(B) of the Comprehensive Environmental Re21 sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 

22 9605(a)(8)(B)) is amended— 

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

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

25 priority not included on the revised national list, 


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1 upon request of the State that submitted the priority 

2 for consideration under this subparagraph, the Presi3 dent shall provide to such State, in writing, the basis 

4 for not including such priority on such revised na5 tional list. The President may not add a facility to 

6 the national list over the written objection of the 

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

8 or a significant contributor of hazardous substances 

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

10 the President determines that the contamination has 

11 migrated across a State boundary, resulting in the 

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

13 the criteria under the national contingency plan for 

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

15 ‘‘the President shall consider any priorities estab16 lished by the States.’’; and 

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

18 highest priority facilities shall be designated individ19 ually and shall be referred to as’’ and all that follows 

20 through the semicolon at the end, and inserting ‘‘Not 

21 more frequently than once every 5 years, a State may 

22 designate a facility that meets the criteria set forth in 

23 subparagraph (A) of this paragraph, which shall be 

24 included on the national list;’’. 


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

2 Comprehensive Environmental Response, Compensation, 

3 and Liability Act of 1980 (42 U.S.C. 9621(f)(1)(C)) is 

4 amended by striking ‘‘deleting sites from’’ and inserting 

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

6 SEC. 5. STATE ENVIRONMENTAL COVENANT LAW. 

7 Section 121(d)(2)(A)(ii) of the Comprehensive Envi8 ronmental Response, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9621(d)(2)(A)(ii)) is amended by striking 

10 ‘‘State environmental or facility siting law’’ and inserting 

11 ‘‘State environmental, facility siting, or environmental cov12 enant law, or under a State law or regulation requiring 

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


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Union Calendar No. 182 

113TH CONGRESS 

1ST SESSION H. R. 2226 

[Report No. 113–178, Part I] 

A BILL 

To amend the Comprehensive Environmental Reand for other purposes. contributions to the removal or remedial action, the National Priorities List, and State credit for medial actions, State concurrence with listing on relating to State consultation on removal and re- sponse, Compensation, and Liability Act of 1980 

NOVEMBER 1, 2013 

The Committee on Transportation and Infrastructure 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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