House Republicans will jump into the 2014 session with an attempt to pass a package of amendments to the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  With the exception of one provision that provides flexibility to the EPA in reviewing regulations, the legislation generally makes it more difficult for the Agency to override state authority. 

The Reducing Excessive Deadline Obligations Act of 2013 (H.R. 2279) consolidates three separate bills that were approved in 2013 by the House Energy and Commerce Committee.  The Republican majority outvoted Democrats to advance each bill out of the committee.  The legislation would enact the following:

• Replace the requirement that the EPA review and, if necessary, revise RCRA hazardous waste regulations every 3 years with one that provides that the EPA review and revise regulations as the Agency determines appropriate.
• Amend CERCLA to require that the federal government comply with state substantive and procedural requirements regarding response relating to hazardous substances at facilities that are currently or formerly owned or operated by the federal government. The bill specifically states that the government waive immunity with respect to state administrative orders, injunctive relief, civil and administrative penalties and fines, reasonable service charges and oversight costs, and laws and regulations regarding land use controls.
• Amend CERCLA by requiring that the EPA, or any other person undertaking a removal action, must consult with the affected state. Current law states that the EPA should consult with states.  Consultation would be required during the process of selecting remedial action whereas current law requires consultation with states only before remedial actions are selected.  The bill would also expand credit given to states by including, in their share of the costs of removal or  remediation, oversight costs and in-kind expenditures, including contributions of real property, equipment, goods, and services provided for removal or remediation, as well as amounts derived from materials recycled, recovered, or reclaimed from the facility.
• Require that the EPA may not add a facility to the National Priority List over a state’s objection with three exceptions (if a state is a potentially responsible party, if contamination crosses state boundaries, or if the criteria for a health advisory have been met).  Also, once every 5 years, a state may add a facility to the list if it meets the criteria in CERCLA Section 105(a)(8)(A).
• Amend CERCLA to provide that requirements promulgated by the EPA related to financial responsibility under CERCLA Section 108(b) do not preempt the financial responsibility requirements of states or other federal agencies.  The president would be required to report to Congress on the facility or class of facilities and why the requirements are necessary before promulgating financial responsibility requirements.

The bill reduces red tape, protects jobs, and improves the partnership between the federal government and our states, according to Committee Chair Fred Upton (R-MI).  “Washington does not always know best,” Upton added.  “We have a strong working relationship with our states, and these bills reflect that ongoing partnership.”

A summary of H.R. 2279