,,iib #aacth ,,congress #b;d ,session ,h4 ,r4 #bbgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ac1 #bjad,received2 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 ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj relating to financial responsibility for classes of facilities4 ,i ,reducing ,excessive ,deadline ,obligations #aja4 ,short title ,this title may be cited as the ,reducing ,excessive ,deadline ,obligations ,act of #bjad4 #ajb4 ,review of regulations under the ,solid ,waste ,disposal ,act ,section #bjjb7;b7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiab7;b77 is amended to read as follows3 7b7 ,review of regulations ,the ,administrator shall review1 and revise1 as the ,administrator determines appropriate1 regulations promulgated under this ,act4 4 #ajc4 ,financial responsibility for classes of facilities under ,,cercla ,section #ajh7;b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjh7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,not later than three years after the date of enactment of the ,act1 the ,president shall and inserting ,the ,president shall1 as appropriate12 and 7,b7 by striking first after for which requirements will be2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking ,financial responsibility may be established and inserting ,owners and operators may establish financial responsibility2 7,b7 by striking any one1 or any combination1 of the following3 and inserting forms of security1 including2 and 7,c7 by striking or qualification and inserting and qualification4 #ajd4 ,report to ,congress regarding financial responsibility requirements ,section #ajh7;b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjh7;b77 is further amended by adding at the end the following3 7#f7 ,the ,president may not promulgate any financial responsibility requirement under this subsection without first submitting to ,congress a report-- 7,a7 describing each facility or class of facilities to be covered by such requirement2 7,b7 describing the development of such requirement1 why the facility or class of facilities proposed to be covered by such requirement present the highest level of risk of injury1 and why the facility or class of facilities is not already covered by adequate financial responsibility requirements2 7,c7 describing the financial responsibility requirements 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 necessary2 7,d7 describing the exposure to the ,fund for response costs resulting from the facility or class of facilities proposed to be covered2 and 7,e7 describing the capacity of the financial and credit markets to provide instruments of financial responsibility necessary to meet such requirement4 ,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 responsibility requirement that is the subject of such report4 4 #aje4 ,preemption of financial responsibility requirements ,section #aad7;d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifad7;d77 is amended to read as follows3 7d7 ,no owner or operator of a vessel or facility who establishes and maintains evidence of financial responsibility associated with the production1 transportation1 treatment1 storage1 or disposal of hazardous substances pursuant to financial responsibility requirements under any ,state law or regulation1 or any other ,federal law or regulation1 shall be required to establish or maintain evidence of financial responsibility under this title1 unless the ,president determines1 after notice and opportunity for public comment1 that in the event of a release of a hazardous substance that is not a federally permitted release or authorized by a ,state permit1 such other ,federal or ,state financial responsibility requirements are insufficient to cover likely response costs under section #ajd4 ,if the ,president determines that such other ,federal or ,state financial responsibility requirements are insufficient to cover likely response costs under section #ajd in the event of such a release1 the ,president shall accept evidence of compliance with such other ,federal or ,state financial responsibility requirements in lieu of compliance with any portion of the financial responsibility requirements promulgated under this title to which they correspond4 4 #ajf4 ,explosive risks planning notification ,not later than #ahj days after the date of enactment of this ,act1 the owner or operator of each facility at which substances listed in appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 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 facility4 ,,ii ,federal and ,state ,partnership for ,environmental ,protection #bja4 ,short title ,this title may be cited as the ,federal and ,state ,partnership for ,environmental ,protection ,act of #bjad4 #bjb4 ,consultation with ,states 7a7 ,removal ,section #ajd7;a77#b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7;a77#b77 is amended by striking ,any removal action undertaken by the ,president under this subsection 7or by any other person referred to in section #abb7 should and inserting ,in undertaking a removal action under this subsection1 the ,president 7or any other person undertaking a removal action pursuant to section #abb7 shall consult with the affected ,state or ,states4 ,such removal action should4 7b7 ,remedial action ,section #ajd7;c77#b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7;c77#b77 is amended by striking before determining any appropriate remedial action and inserting during the process of selecting1 and in selecting1 any appropriate remedial action4 7c7 ,selection of remedial action ,section #ajd7;c77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7;c77#d77 is amended by striking shall select remedial actions and inserting shall1 in consultation with the affected ,state or ,states1 select remedial actions4 7d7 ,consultation with ,state and local officials ,section #abj7;f7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;f77 is amended-- 7#a7 by striking shall afford to and inserting shall consult with2 7#b7 by inserting and shall provide such ,state and local officials before the opportunity to participate in2 and 7#c7 by adding at the end the following3 ,if ,state or local officials make a determination not to participate in the planning and selection of the remedial action1 such determination shall be documented in the administrative record regarding the selection of the response action44 #bjc4 ,state credit for other contributions ,section #ajd7;c77#e7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7;c77#e77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting removal at such facility1 or for before remedial action2 and 7,b7 by striking non-,federal funds4 and inserting non-,federal funds1 including oversight costs and in-kind expenditures4 ,for purposes of this paragraph1 in-kind expenditures shall include expenditures for1 or contributions of1 real property1 equipment1 goods1 and services1 valued at a fair market value1 that are provided for the removal or remedial action at the facility1 and amounts derived from materials recycled1 recovered1 or reclaimed from the facility1 valued at a fair market value1 that are used to fund or offset all or a portion of the cost of the removal or remedial action42 and 7#b7 in subparagraph 7,b71 by inserting removal or after under this paragraph shall include expenses for4 #bjd4 ,state concurrence with listing on the national priorities list 7a7 ,basis for recommendation ,section #aje7;a77#h77;,b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifje7;a77#h77;,b77 is amended-- 7#a7 by inserting ,not later than #ij days after any revision of the national list1 with respect to a priority not included on the revised national list1 upon request of the ,state that submitted the priority for consideration under this subparagraph1 the ,president shall provide to such ,state1 in writing1 the basis for not including such priority on such revised national list4 ,the ,president may not add a facility to the national list over the written objection of the ,state1 unless 7i7 the ,state1 as an owner or operator or a significant contributor of hazardous substances to the facility1 is a potentially responsible party1 7ii7 the ,president determines that the contamination has migrated across a ,state boundary1 resulting in the need for response actions in multiple ,states1 or 7iii7 the criteria under the national contingency plan for issuance of a health advisory have been met4 after the ,president shall consider any priorities established by the ,states42 and 7#b7 by striking ,to the extent practicable1 the highest priority facilities shall be designated individually and shall be referred to as and all that follows through the semicolon at the end1 and inserting ,not more frequently than once every #e years1 a ,state may designate a facility that meets the criteria set forth in subparagraph 7,a7 of this paragraph1 which shall be included on the national list24 7b7 ,state involvement ,section #aba7;f77#a77;,c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifba7;f77#a77;,c77 is amended by striking deleting sites from and inserting adding sites to1 and deleting sites from14 #bje4 ,state environmental covenant law ,section #aba7;d77#b77;,a77ii7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifba7;d77#b77;,a77ii77 is amended by striking ,state environmental or facility siting law and inserting ,state environmental1 facility siting1 or environmental covenant law1 or under a ,state law or regulation requiring the use of engineering controls or land use controls14 ,,iii ,federal ,facility ,accountability #cja4 ,short title ,this title may be cited as the ,federal ,facility ,accountability ,act of #bjad4 #cjb4 ,federal facilities 7a7 ,application to ,federal ,government ,section #abj7;a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;a77 is amended in the heading by striking of ,act4 7b7 ,application of requirements to ,federal facilities ,section #abj7;a77#b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;a77#b77 is amended-- 7#a7 by striking preliminary assessments and inserting response actions2 7#b7 by inserting or after ,national ,contingency ,plan12 7#c7 by striking 1 or applicable to remedial actions at such facilities2 and 7#d7 by inserting or have been before owned or operated4 7c7 ,applicability of laws ,section #abj7;a77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;a77#d77 is amended to read as follows3 7#d7 ,applicability of laws 7,a7 ,in general ,each department1 agency1 and instrumentality of the ,united ,states shall be subject to1 and comply with1 at facilities that are or have been owned or operated by any such department1 agency1 or instrumentality1 ,state substantive and procedural requirements regarding response relating to hazardous substances or pollutants or contaminants1 including ,state hazardous waste requirements1 in the same manner and to the same extent as any nongovernmental entity4 7,b7 ,compliance 7i7 ,in general ,the ,united ,states hereby expressly waives any immunity otherwise applicable to the ,united ,states with respect to any ,state substantive or procedural requirement referred to in subparagraph 7,a74 7ii7 ,injunctive relief ,neither the ,united ,states1 nor any agent1 employee1 nor officer thereof1 shall be immune or exempt from any process or sanction of any ,state or ,federal ,court with respect to the enforcement of any injunctive relief under subparagraph 7,c77ii74 7iii7 ,civil penalties ,no agent1 employee1 or officer of the ,united ,states shall be personally liable for any civil penalty under any ,state substantive or procedural requirement referred to in subparagraph 7,a71 or this ,act1 with respect to any act or omission within the scope of the official duties of the agent1 employee1 or officer4 7,c7 ,substantive and procedural requirements ,the ,state substantive and procedural requirements referred to in subparagraph 7,a7 include-- 7i7 administrative orders2 7ii7 injunctive relief2 7iii7 civil and administrative penalties and fines1 regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated1 intermittent1 or continuing violations2 7iv7 reasonable service charges or oversight costs2 and 7v7 laws or regulations requiring the imposition and maintenance of engineering or land use controls4 7,d7 ,reasonable service charges or oversight costs ,the reasonable service charges or oversight costs referred to in subparagraph 7,c7 include fees or charges assessed in connection with-- 7i7 the processing1 issuance1 renewal1 or modification of permits2 7ii7 the review of plans1 reports1 studies1 and other documents2 7iii7 attorney's fees2 7iv7 inspection and monitoring of facilities or vessels2 and 7v7 any other nondiscriminatory charges that are assessed in connection with a ,state requirement regarding response relating to hazardous substances or pollutants or contaminants4 4 #cjc4 ,authority to delegate1 issue regulations ,section #aae of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifae7 is amended by adding at the end the following new sentence3 ,if the ,president delegates or assigns any duties or powers under this section to a department1 agency1 or instrumentality of the ,united ,states other than the ,administrator1 the ,administrator may review1 as the ,administrator determines necessary or upon request of any ,state1 actions taken1 or regulations promulgated1 pursuant to such delegation or assignment1 for purposes of ensuring consistency with the guidelines1 rules1 regulations1 or criteria established by the ,administrator under this title44 ,passed the ,house of ,representatives ,january #i1 #bjad4,karen ,l4 ,haas1,clerk