I 113th CONGRESS 1st Session H. R. 2226 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 determined 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, 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)) 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 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)) is amended by striking shall select remedial actions and inserting 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) ) 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 participate ; 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 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) ) 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 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. ; and (2) in subparagraph (B), by inserting removal or after 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) ) 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 established by the States. ; and (2) by striking To the extent practicable, the highest priority facilities shall be designated individually 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, Compensation, 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, .