H.R. 2226 — what changed
Federal and State Partnership for Environmental Protection Act of 2013
From Introduced in House to Reported in House. 1 section amended and 1 added between Introduced in House and Reported in House.
Sec. 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”;
changed
by inserting “and shall provide such State and local officials” before “the opportunity to participate”; 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.”.
Sec. 5 State environmental covenant law
addedadded 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,”.