I 
113TH CONGRESS 
1ST SESSION H. R. 2226 
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 de-
termined 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 Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 relating to State 
consultation on removal and remedial actions, State con-
currence with listing on the National Priorities List, 
and State credit for contributions to the removal or 
remedial action, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal and State 
Partnership for Environmental Protection Act of 2013’’. 
SEC. 2. CONSULTATION WITH STATES. 
(a) REMOVAL.—Section 104(a)(2) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9604(a)(2)) is amended by 
striking ‘‘Any removal action undertaken by the President 
under this subsection (or by any other person referred to 
in section 122) should’’ and inserting ‘‘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)) is 
amended by striking ‘‘before determining any appropriate 
remedial action’’ and inserting ‘‘during the process of se-
lecting, 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)) is amended by striking ‘‘shall select remedial 
actions’’ and inserting ‘‘shall, in consultation with the af-
fected State or States, select remedial actions’’. 
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(d) CONSULTATION WITH STATE AND LOCAL OFFI-
CIALS.—Section 120(f) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9620(f)) is amended— 
(1) by striking ‘‘shall afford to’’ and inserting 
‘‘shall consult with’’; 
(2) by inserting ‘‘and shall provide such State 
and local officials’’ before ‘‘the opportunity to par-
ticipate’’; and 
(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 re-
medial action, such determination shall be docu-
mented in the administrative record regarding the 
selection of the response action.’’. 
SEC. 3. STATE CREDIT FOR OTHER CONTRIBUTIONS. 
Section 104(c)(5) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9604(c)(5)) is amended— 
(1) in subparagraph (A)— 
(A) by inserting ‘‘removal at such facility, 
or for’’ before ‘‘remedial action’’; and 
(B) by striking ‘‘non-Federal funds.’’ and 
inserting ‘‘non-Federal funds, including over-
sight costs and in-kind expenditures. For pur-
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poses of this paragraph, in-kind expenditures 
shall include expenditures for, or contributions 
of, real property, equipment, goods, and serv-
ices, valued at a fair market value, that are 
provided for the removal or remedial action at 
the facility, and amounts derived from mate-
rials 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.’’; and 
(2) in subparagraph (B), by inserting ‘‘removal 
or’’ after ‘‘under this paragraph shall include ex-
penses for’’. 
SEC. 4. STATE CONCURRENCE WITH LISTING ON THE NA-
TIONAL PRIORITIES LIST. 
(a) 
BASIS
FOR
RECOMMENDATION.—Section 
105(a)(8)(B) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605(a)(8)(B)) is amended— 
(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 
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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.’’ after 
‘‘the President shall consider any priorities estab-
lished by the States.’’; and 
(2) by striking ‘‘To the extent practicable, the 
highest priority facilities shall be designated individ-
ually and shall be referred to as’’ and all that follows 
through the semicolon at the end, and inserting 
‘‘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, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9621(f)(1)(C)) 
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is amended by striking ‘‘deleting sites from’’ and inserting 
‘‘adding sites to, and deleting sites from,’’. 
Æ 
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