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H.R. 2226, Federal and State Partnership for Environmental Protection Act of 2013 1 (July 10, 2013)

handle is hein.congrec/cbo11218 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
July 10, 2013
H.R. 2226
Federal and State Partnership for
Environmental Protection Act of 2013
As ordered reported by the House Committee on Energy and Commerce
on June 19, 2013
H.R. 2226 would amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) to clarify that the Environmental Protection Agency
(EPA) should consult with affected states when undertaking actions to remove or
remediate hazardous waste from the environment. H.R. 2226 also would expand credits
given toward a state's share of cleanup costs at remedial sites to include in-kind
contributions made during removal actions under certain conditions. (Under CERCLA, a
removal action is defined as a short-term or emergency action that may be necessary to
address a release or threat of a release of a hazardous substance. In contrast, a remedial
action is less time-critical and instead addresses long-term threats to human health and the
environment at a site.) Under current law, states are responsible for 10 percent of the cost
of remedial actions at a site. Finally, the bill would prohibit EPA from listing a site on the
National Priorities List (NPL) over the objections of the state (with a few exceptions) and
would give greater deference to state priorities in the listing process. (The NPL is the list of
hazardous waste sites eligible for cleanup under CERCLA.)
CBO estimates that, in some cases, implementing this legislation could affect the pace of
discretionary spending if priorities for cleanup activities change. However, CBO expects
that total costs to fulfill federal responsibilities under CERCLA would be little changed
under this legislation. Giving states credit for removal activities that they would have
performed in any event could increase EPA's remedial costs. However, if states perform
additional or more extensive removal actions because of the availability of the credit, the
cost to the federal government of subsequent remedial actions could decrease. On balance,
CBO estimates that expanding the credit available to states to include certain removal
expenses would not have a significant impact on the federal budget.
Pay-as-you-go procedures do not apply because enacting this bill would not affect direct
spending or revenues.

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