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H.R. 2279 (113th): Reducing Excessive Deadline Obligations Act of 2013


The text of the bill below is as of Nov 1, 2013 (Reported by House Committee).


IB

Union Calendar No. 183

113th CONGRESS

1st Session

H. R. 2279

[Report No. 113–179, Part I]

IN THE HOUSE OF REPRESENTATIVES

June 6, 2013

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

July 30, 2013

Reported from the Committee on Energy and Commerce with an amendment

Strike out all after the enacting clause and insert the part printed in italic

July 30, 2013

Referral to the Committee on Transportation and Infrastructure extended for a period ending not later than November 1, 2013

November 1, 2013

The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on June 6, 2013


A BILL

To amend the Solid Waste Disposal Act relating to review of regulations under such Act and to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 relating to financial responsibility for classes of facilities.


1.

Short title

This Act may be cited as the Reducing Excessive Deadline Obligations Act of 2013 .

2.

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.

.

3.

Financial responsibility for classes of facilities 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 requirements will be; and

(2)

in paragraph (2)

(A)

by striking Financial responsibility may be established and inserting Owners and operators may establish financial responsibility;

(B)

by striking any one, or any combination, of the following: and inserting forms of security, including; and

(C)

by striking or qualification and inserting and qualification.

4.

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 requirement, why the facility or class of facilities proposed to be covered by such requirement present the highest level of risk of injury, and why the facility or class of facilities is not already covered by adequate financial responsibility requirements;

(C)

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 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 financial responsibility necessary to meet such requirement.

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 report.

.

5.

Preemption of financial responsibility requirements

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:

(d)

No owner or operator of a vessel or facility who establishes and maintains evidence of financial responsibility 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 evidence 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 hazardous 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 financial 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 responsibility requirements in lieu of compliance with any portion of the financial responsibility requirements promulgated under this title to which they correspond.

.

6.

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 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.

November 1, 2013

The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed