IIB 
113TH CONGRESS 
2D SESSION 
H. R. 2279 
IN THE SENATE OF THE UNITED STATES 
JANUARY 13, 2014 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
To amend the Solid Waste Disposal Act relating to review 
of regulations under such Act and to amend the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 relating to financial responsibility 
for classes of facilities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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TITLE I—REDUCING EXCESSIVE 
DEADLINE OBLIGATIONS 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Reducing Excessive 
Deadline Obligations Act of 2014’’. 
SEC. 102. REVIEW OF REGULATIONS UNDER THE SOLID 
WASTE DISPOSAL ACT. 
Section 2002(b) of the Solid Waste Disposal Act (42 
U.S.C. 6912(b)) is amended to read as follows: 
‘‘(b) REVIEW OF REGULATIONS.—The Administrator 
shall review, and revise, as the Administrator determines 
appropriate, regulations promulgated under this Act.’’. 
SEC. 103. FINANCIAL RESPONSIBILITY FOR CLASSES OF FA-
CILITIES UNDER CERCLA. 
Section 108(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9608(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Not later than three years 
after the date of enactment of the Act, the 
President shall’’ and inserting ‘‘The President 
shall, as appropriate,’’; and 
(B) by striking ‘‘first’’ after ‘‘for which re-
quirements will be’’; and 
(2) in paragraph (2)— 
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(A) by striking ‘‘Financial responsibility 
may be established’’ and inserting ‘‘Owners and 
operators may establish financial responsi-
bility’’; 
(B) by striking ‘‘any one, or any combina-
tion, of the following:’’ and inserting ‘‘forms of 
security, including’’; and 
(C) by striking ‘‘or qualification’’ and in-
serting ‘‘and qualification’’. 
SEC. 104. REPORT TO CONGRESS REGARDING FINANCIAL 
RESPONSIBILITY REQUIREMENTS. 
Section 108(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9608(b)) is further amended by adding at the end 
the following: 
‘‘(6) The President may not promulgate any financial 
responsibility requirement under this subsection without 
first submitting to Congress a report— 
‘‘(A) describing each facility or class of facilities 
to be covered by such requirement; 
‘‘(B) describing the development of such re-
quirement, why the facility or class of facilities pro-
posed to be covered by such requirement present the 
highest level of risk of injury, and why the facility 
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or class of facilities is not already covered by ade-
quate financial responsibility requirements; 
‘‘(C) describing the financial responsibility re-
quirements promulgated by States or other Federal 
agencies for the facility or class of facilities to be 
covered by the financial responsibility requirement 
proposed under this subsection and explaining why 
the requirement proposed under this subsection is 
necessary; 
‘‘(D) describing the exposure to the Fund for 
response costs resulting from the facility or class of 
facilities proposed to be covered; and 
‘‘(E) describing the capacity of the financial 
and credit markets to provide instruments of finan-
cial responsibility necessary to meet such require-
ment. 
The President shall update any report submitted under 
this paragraph to reflect any revision of the facilities or 
classes of facilities to be covered by a financial responsi-
bility requirement that is the subject of such report.’’. 
SEC. 105. PREEMPTION OF FINANCIAL RESPONSIBILITY RE-
QUIREMENTS. 
Section 114(d) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9614(d)) is amended to read as follows: 
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‘‘(d) No owner or operator of a vessel or facility who 
establishes and maintains evidence of financial responsi-
bility associated with the production, transportation, 
treatment, storage, or disposal of hazardous substances 
pursuant to financial responsibility requirements under 
any State law or regulation, or any other Federal law or 
regulation, shall be required to establish or maintain evi-
dence of financial responsibility under this title, unless the 
President determines, after notice and opportunity for 
public comment, that in the event of a release of a haz-
ardous substance that is not a federally permitted release 
or authorized by a State permit, such other Federal or 
State financial responsibility requirements are insufficient 
to cover likely response costs under section 104. If the 
President determines that such other Federal or State fi-
nancial responsibility requirements are insufficient to 
cover likely response costs under section 104 in the event 
of such a release, the President shall accept evidence of 
compliance with such other Federal or State financial re-
sponsibility requirements in lieu of compliance with any 
portion of the financial responsibility requirements pro-
mulgated under this title to which they correspond.’’. 
SEC. 106. EXPLOSIVE RISKS PLANNING NOTIFICATION. 
Not later than 180 days after the date of enactment 
of this Act, the owner or operator of each facility at which 
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substances listed in appendix A to part 27 of title 6, Code 
of Federal Regulations, as flammables or explosives are 
present above the screening threshold listed therein shall 
notify the State emergency response commission for the 
State in which such facility is located that such substances 
are present at such facility and of the amount of such 
substances that are present at such facility. 
TITLE II—FEDERAL AND STATE 
PARTNERSHIP FOR ENVIRON-
MENTAL PROTECTION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Federal and State 
Partnership for Environmental Protection Act of 2014’’. 
SEC. 202. 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’’. 
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(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’’. 
(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 in’’; 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-
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mented in the administrative record regarding the 
selection of the response action.’’. 
SEC. 203. 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-
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’’. 
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SEC. 204. 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 
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 
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(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)) 
is amended by striking ‘‘deleting sites from’’ and inserting 
‘‘adding sites to, and deleting sites from,’’. 
SEC. 205. STATE ENVIRONMENTAL COVENANT LAW. 
Section 121(d)(2)(A)(ii) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9621(d)(2)(A)(ii)) is amended by strik-
ing ‘‘State environmental or facility siting law’’ and insert-
ing ‘‘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,’’. 
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tion, and Liability Act of 1980 (42 U.S.C. 9620(a)(4)) 
is amended to read as follows: 
‘‘(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 oper-
ated by any such department, agency, or instru-
mentality, State substantive and procedural re-
quirements regarding response relating to haz-
ardous substances or pollutants or contami-
nants, including State hazardous waste require-
ments, in the same manner and to the same ex-
tent as any nongovernmental entity. 
‘‘(B) COMPLIANCE.— 
‘‘(i) IN GENERAL.—The United States 
hereby expressly waives any immunity oth-
erwise applicable to the United States with 
respect to any State substantive or proce-
dural requirement referred to in subpara-
graph (A). 
‘‘(ii) INJUNCTIVE
RELIEF.—Neither 
the United States, nor any agent, em-
ployee, nor officer thereof, shall be immune 
or exempt from any process or sanction of 
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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 pen-
alty under any State substantive or proce-
dural requirement referred to in subpara-
graph (A), or this Act, with respect to any 
act or omission within the scope of the of-
ficial duties of the agent, employee, or offi-
cer. 
‘‘(C) SUBSTANTIVE AND PROCEDURAL RE-
QUIREMENTS.—The State substantive and pro-
cedural requirements referred to in subpara-
graph (A) include— 
‘‘(i) administrative orders; 
‘‘(ii) injunctive relief; 
‘‘(iii) civil and administrative penalties 
and fines, regardless of whether such pen-
alties or fines are punitive or coercive in 
nature or are imposed for isolated, inter-
mittent, or continuing violations; 
‘‘(iv) reasonable service charges or 
oversight costs; and 
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‘‘(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 sub-
paragraph (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 fa-
cilities or vessels; and 
‘‘(v) 
any 
other 
nondiscriminatory 
charges that are assessed in connection 
with a State requirement regarding re-
sponse relating to hazardous substances or 
pollutants or contaminants.’’. 
SEC. 303. AUTHORITY TO DELEGATE, ISSUE REGULATIONS. 
Section 115 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9615) is amended by adding at the end the fol-
lowing new sentence: ‘‘If the President delegates or as-
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signs any duties or powers under this section to a depart-
ment, agency, or instrumentality of the United States 
other than the Administrator, the Administrator may re-
view, as the Administrator determines necessary or upon 
request of any State, actions taken, or regulations promul-
gated, pursuant to such delegation or assignment, for pur-
poses of ensuring consistency with the guidelines, rules, 
regulations, or criteria established by the Administrator 
under this title.’’. 
Passed the House of Representatives January 9, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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