Federal Facility Accountability Act of 2013

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to the applicability of the Act to Federal facilities, and for other purposes. 1. Short title This Act may be cited as the Federal Facility Accountability Act of 2013 2. Federal facilities (a) Application to Federal Government Section 120(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a) of Act (b) Application of requirements to Federal facilities Section 120(a)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a)(2) (1) by striking preliminary assessments response actions (2) by inserting or National Contingency Plan, (3) by striking , or applicable to remedial actions at such facilities (4) by inserting or have been owned or operated (c) Applicability of laws Section 120(a)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(a)(4) (4) Applicability of laws (A) In general Each department, agency, and instrumentality of the United States shall be subject to, and comply with, at facilities that are or have been owned or operated by any such department, agency, or instrumentality, State substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including State hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. (B) Compliance (i) In general The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any State substantive or procedural requirement referred to in subparagraph (A). (ii) Injunctive relief Neither the United States, nor any agent, employee, nor officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any injunctive relief under subparagraph (C)(ii). (iii) Civil penalties No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any State substantive or procedural requirement referred to in subparagraph (A), or this Act, with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. (C) Substantive and procedural requirements The State substantive and procedural requirements referred to in subparagraph (A) include— (i) administrative orders; (ii) injunctive relief; (iii) civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations; (iv) reasonable service charges or oversight costs; and (v) laws or regulations requiring the imposition and maintenance of engineering or land use controls. (D) Reasonable service charges or oversight costs The reasonable service charges or oversight costs referred to in subparagraph (C) include fees or charges assessed in connection with— (i) the processing, issuance, renewal, or modification of permits; (ii) the review of plans, reports, studies, and other documents; (iii) attorney’s fees; (iv) inspection and monitoring of facilities or vessels; and (v) any other nondiscriminatory charges that are assessed in connection with a State requirement regarding response relating to hazardous substances or pollutants or contaminants. . 3. Authority to delegate, issue regulations Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9615 If the President delegates or assigns any duties or powers under this section to a department, agency, or instrumentality of the United States other than the Administrator, the Administrator may review, as the Administrator determines necessary or upon request of any State, actions taken, or regulations promulgated, pursuant to such delegation or assignment, for purposes of ensuring consistency with the guidelines, rules, regulations, or criteria established by the Administrator under this title. November 1, 2013 The Committee on Transportation and Infrastructure

Summary: Federal Facility Accountability Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to apply all guidelines, rules, regulations, and criteria applicable to response actions (currently, preliminary assessments) to address hazardous substances at facilities to those currently or formerly owned or operated by the United States. Requires federal facilities to comply with state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants, including state hazardous waste requirements, in the same manner and to the same extent as any nongovernmental entity. Waives sovereign immunity with respect to state substantive or procedural requirements. Prohibits an agent, employee, or officer of the United States from being: (1) immune or exempt from injunctive relief with respect to such state requirements, and (2) personally liable for any civil penalty under such requirements or CERCLA with respect to any act or omission within the scope of their official duties. Provides that state substantive and procedural requirements include administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges or oversight costs, and laws or regulations requiring the imposition and maintenance of engineering or land use controls. (Sec. 3) Authorizes the Administrator of the Environmental Protection Agency (EPA) to review as determined necessary, or upon state request, actions taken or regulations promulgated pursuant to any duties or powers delegated or assigned by the President to a department, agency, or instrumentality of the United States other than EPA to ensure consistency with the guidelines, rules, regulations, or criteria established by the Administrator.