Federal and State Partnership for Environmental Protection Act of 2013

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. Short title This Act may be cited as the Federal and State Partnership for Environmental Protection Act of 2013 2. Consultation with States (a) Removal Section 104(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(a)(2) Any removal action undertaken by the President under this subsection (or by any other person referred to in section 122) should In undertaking a removal action under this subsection, the President (or any other person undertaking a removal action pursuant to section 122) shall consult with the affected State or States. Such removal action should (b) Remedial action Section 104(c)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(c)(2) before determining any appropriate remedial action during the process of selecting, and in selecting, any appropriate remedial action (c) Selection of remedial action Section 104(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(c)(4) shall select remedial actions shall, in consultation with the affected State or States, select remedial actions (d) Consultation with State and local officials Section 120(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(f) (1) by striking shall afford to shall consult with (2) by inserting and shall provide such State and local officials the opportunity to participate in (3) by adding at the end the following: If State or local officials make a determination not to participate in the planning and selection of the remedial action, such determination shall be documented in the administrative record regarding the selection of the response action. 3. State credit for other contributions Section 104(c)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(c)(5) (1) in subparagraph (A)— (A) by inserting removal at such facility, or for remedial action (B) by striking non-Federal funds. non-Federal funds, including oversight costs and in-kind expenditures. For purposes of this paragraph, in-kind expenditures shall include expenditures for, or contributions of, real property, equipment, goods, and services, valued at a fair market value, that are provided for the removal or remedial action at the facility, and amounts derived from materials recycled, recovered, or reclaimed from the facility, valued at a fair market value, that are used to fund or offset all or a portion of the cost of the removal or remedial action. (2) in subparagraph (B), by inserting removal or under this paragraph shall include expenses for 4. State concurrence with listing on the national priorities list (a) Basis for recommendation Section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) (1) by inserting Not later than 90 days after any revision of the national list, with respect to a priority not included on the revised national list, upon request of the State that submitted the priority for consideration under this subparagraph, the President shall provide to such State, in writing, the basis for not including such priority on such revised national list. The President may not add a facility to the national list over the written objection of the State, unless (i) the State, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party, (ii) the President determines that the contamination has migrated across a State boundary, resulting in the need for response actions in multiple States, or (iii) the criteria under the national contingency plan for issuance of a health advisory have been met. the President shall consider any priorities established by the States. (2) by striking To the extent practicable, the highest priority facilities shall be designated individually and shall be referred to as Not more frequently than once every 5 years, a State may designate a facility that meets the criteria set forth in subparagraph (A) of this paragraph, which shall be included on the national list; (b) State involvement Section 121(f)(1)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(f)(1)(C) deleting sites from adding sites to, and deleting sites from, 5. State environmental covenant law Section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(d)(2)(A)(ii) State environmental or facility siting law State environmental, facility siting, or environmental covenant law, or under a State law or regulation requiring the use of engineering controls or land use controls, November 1, 2013 The Committee on Transportation and Infrastructure

Summary: Federal and State Partnership for Environmental Protection Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to consult with affected states: (1) in undertaking a removal action concerning hazardous substances, pollutants, and contaminants (substances); and (2) during (currently, before) the process of selecting any appropriate remedial action. Requires the Administrator of the Environmental Protection Agency (EPA) and each federal entity responsible for federal facility compliance to consult with state and local officials and provide them the opportunity to participate in the planning and selection of a remedial action with respect to such a facility. Requires a determination made by state or local officials to not participate in such action to be documented in the administrative record regarding the action. (Sec. 3) Requires the President to grant states credit for the share of costs with respect to a facility listed on the National Priorities List under the National Contingency Plan for amounts expended for removal at such facility of such substances in addition to the credits currently given for remedial actions. Authorizes credit to be given for oversight costs and in-kind expenditures. (Sec. 4) Requires the President, upon the request of a state, to provide to such state the basis for not including a priority among releases of such substances on the revised national list. Prohibits the President from adding a facility to the national list over the written objection of the state, unless: the state, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party; the President determines that the contamination has migrated across a state boundary, resulting in the need for response actions in multiple states; or the criteria under the national contingency plan for issuance of a health advisory have been met. Removes provisions concerning the 100 highest priority facilities. Authorizes states to designate a facility to the national list no more than once every five years. Includes, as a minimum requirement in regulations that provide for involvement by each state in remedial actions, state concurrence in adding sites to the National Priorities List. (Sec. 5) Requires remedial actions to meet any state environmental covenant law or state law or regulation requiring the use of engineering control or land use control if they are more stringent than federal requirements.