1. Short title
This Act may be cited as the “Federal and State Partnership for Environmental Protection Act of 2013”.
Federal and State Partnership for Environmental Protection Act of 2013
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.
2. Consultation with States
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”.
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”.
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”.
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—
by striking “shall afford to” and inserting “shall consult with”;
by inserting “and shall provide such State and local officials” before “the opportunity to participate in”; and
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—
in subparagraph (A)—
by inserting “removal at such facility, or for” before “remedial action”; and
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
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
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—
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
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;”.
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,”.
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)) is amended by striking “State environmental or facility siting law” and inserting “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,”.