IB 

Union Calendar No. 183 

113TH CONGRESS 

1ST SESSION H. R. 2279 

[Report No. 113–179, Part I] 

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 

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 

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 6, 2013] 


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•HR 2279 RH

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. 


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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 ‘‘Reducing Excessive 

5 Deadline Obligations Act of 2013’’. 

6 SEC. 2. 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. 3. 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 Presi21 dent shall’’ and inserting ‘‘The President shall, 

22 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 responsibility’’; 

4 (B) by striking ‘‘any one, or any combina5 tion, of the following:’’ and inserting ‘‘forms of 

6 security, including’’; and 

7 (C) by striking ‘‘or qualification’’ and in8 serting ‘‘and qualification’’. 

9 SEC. 4. REPORT TO CONGRESS REGARDING FINANCIAL RE10 SPONSIBILITY REQUIREMENTS. 

11 Section 108(b) of the Comprehensive Environmental 

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

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

14 the following: 

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

16 responsibility requirement under this subsection without 

17 first submitting to Congress a report— 

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

19 to be covered by such requirement; 

20 ‘‘(B) describing the development of such require21 ment, why the facility or class of facilities proposed 

22 to be covered by such requirement present the highest 

23 level of risk of injury, and why the facility or class 

24 of facilities is not already covered by adequate finan25 cial responsibility requirements; 


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1 ‘‘(C) describing the financial responsibility re2 quirements promulgated by States or other Federal 

3 agencies for the facility or class of facilities to be cov4 ered by the financial responsibility requirement pro5 posed under this subsection and explaining why the 

6 requirement proposed under this subsection is nec7 essary; 

8 ‘‘(D) describing the exposure to the Fund for re9 sponse costs resulting from the facility or class of fa10 cilities proposed to be covered; and 

11 ‘‘(E) describing the capacity of the financial and 

12 credit markets to provide instruments of financial re13 sponsibility necessary to meet such requirement. 

14 The President shall update any report submitted under this 

15 paragraph to reflect any revision of the facilities or classes 

16 of facilities to be covered by a financial responsibility re17 quirement that is the subject of such report.’’. 

18 SEC. 5. PREEMPTION OF FINANCIAL RESPONSIBILITY RE19 QUIREMENTS. 

20 Section 114(d) of the Comprehensive Environmental 

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

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

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

24 establishes and maintains evidence of financial responsi25 bility associated with the production, transportation, treatVerDate Mar 15 2010 21:20 Nov 01, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2279.RH H2279

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1 ment, storage, or disposal of hazardous substances pursuant 

2 to financial responsibility requirements under any State 

3 law or regulation, or any other Federal law or regulation, 

4 shall be required to establish or maintain evidence of finan5 cial responsibility under this title, unless the President de6 termines, after notice and opportunity for public comment, 

7 that in the event of a release of a hazardous substance that 

8 is not a federally permitted release or authorized by a State 

9 permit, such other Federal or State financial responsibility 

10 requirements are insufficient to cover likely response costs 

11 under section 104. If the President determines that such 

12 other Federal or State financial responsibility requirements 

13 are insufficient to cover likely response costs under section 

14 104 in the event of such a release, the President shall accept 

15 evidence of compliance with such other Federal or State fi16 nancial responsibility requirements in lieu of compliance 

17 with any portion of the financial responsibility require18 ments promulgated under this title to which they cor19 respond.’’. 

20 SEC. 6. EXPLOSIVE RISKS PLANNING NOTIFICATION. 

21 Not later than 180 days after the date of enactment 

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

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

24 of Federal Regulations, as flammables or explosives are 

25 present above the screening threshold listed therein shall noVerDate Mar 15 2010 21:20 Nov 01, 2013 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2279.RH H2279

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1 tify the State emergency response commission for the State 

2 in which such facility is located that such substances are 

3 present at such facility and of the amount of such sub4 stances that are present at such facility. 


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Union Calendar No. 183 

113TH CONGRESS 

1ST SESSION H. R. 2279 

[Report No. 113–179, Part I] 

A BILL 

To amend the Solid Waste Disposal Act relating to 

facilities. relating to financial responsibility for classes of sponse, Compensation, and Liability Act of 1980 amend the Comprehensive Environmental Rereview of regulations under such Act and to 

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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