I 

113TH CONGRESS 

1ST SESSION H. R. 2279 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2013 

Mr. GARDNER 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Deadline Obligations Act of 2013’’. 

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1 SEC. 2. REVIEW OF REGULATIONS UNDER THE SOLID 

2 WASTE DISPOSAL ACT. 

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

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

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

6 shall review, and revise, as the Administrator determines 

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

8 SEC. 3. FINANCIAL RESPONSIBILITY FOR CLASSES OF FA9 CILITIES UNDER CERCLA. 

10 Section 108(b) of the Comprehensive Environmental 

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

12 U.S.C. 9608(b)) is amended— 

13 (1) in paragraph (1)— 

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

15 after the date of enactment of the Act, the 

16 President shall’’ and inserting ‘‘The President 

17 shall, as appropriate,’’; and 

18 (B) by striking ‘‘first’’ after ‘‘for which re19 quirements will be’’; and 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘any one, or any combina22 tion, of the following:’’ and inserting ‘‘forms of 

23 security, including’’; and 

24 (B) by striking ‘‘or qualification’’ and in25 serting ‘‘and qualification’’. 

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1 SEC. 4. REPORT TO CONGRESS REGARDING FINANCIAL RE2 SPONSIBILITY REQUIREMENTS. 

3 Section 108(b) of the Comprehensive Environmental 

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

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

6 the following: 

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

8 responsibility requirement under this subsection without 

9 first submitting to Congress a report— 

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

11 to be covered by such requirement; 

12 ‘‘(B) describing the development of such re13 quirement, why the facility or class of facilities pro14 posed to be covered by such requirement present the 

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

16 or class of facilities is not already covered by ade17 quate financial responsibility requirements; 

18 ‘‘(C) describing the financial responsibility re19 quirements promulgated by States or other Federal 

20 agencies for the facility or class of facilities to be 

21 covered by the financial responsibility requirement 

22 proposed under this subsection and explaining why 

23 the requirement proposed under this subsection is 

24 necessary; 

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

2 response costs resulting from the facility or class of 

3 facilities proposed to be covered; and 

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

5 and credit markets to provide instruments of finan6 cial responsibility necessary to meet such require7 ment. 

8 The President shall update any report submitted under 

9 this paragraph to reflect any revision of the facilities or 

10 classes of facilities to be covered by a financial responsi11 bility requirement that is the subject of such report.’’. 

12 SEC. 5. PREEMPTION OF FINANCIAL RESPONSIBILITY RE13 QUIREMENTS. 

14 Section 114(d) of the Comprehensive Environmental 

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

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

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

18 establishes and maintains evidence of financial responsi19 bility associated with the production, transportation, 

20 treatment, storage, or disposal of hazardous substances 

21 pursuant to financial responsibility requirements under 

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

23 regulation, shall be required to establish or maintain evi24 dence of financial responsibility under this title, unless the 

25 President determines, after notice and opportunity for 

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1 public comment, that in the event of a release, such other 

2 Federal or State financial responsibility requirements are 

3 insufficient to cover likely response costs under section 

4 104. Except as provided in this subsection, evidence of 

5 compliance with such other Federal or State financial re6 sponsibility requirements shall be accepted by the Presi7 dent in lieu of compliance with any requirement for finan8 cial responsibility promulgated under this title.’’. 

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