Federal and State Partnership for Environmental Protection Act of 2013

Federal and State Partnership for Environmental Protection Act of 2013 - (Sec. 2) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to consult with affected states: (1) in undertaking a removal action concerning hazardous substances, pollutants, and contaminants (substances); and (2) during (currently, before) the process of selecting any appropriate remedial action.

Requires the Administrator of the Environmental Protection Agency (EPA) and each federal entity responsible for federal facility compliance to consult with state and local officials and provide them the opportunity to participate in the planning and selection of a remedial action with respect to such a facility. Requires a determination made by state or local officials to not participate in such action to be documented in the administrative record regarding the action.

(Sec. 3) Requires the President to grant states credit for the share of costs with respect to a facility listed on the National Priorities List under the National Contingency Plan for amounts expended for removal at such facility of such substances in addition to the credits currently given for remedial actions. Authorizes credit to be given for oversight costs and in-kind expenditures.

(Sec. 4) Requires the President, upon the request of a state, to provide to such state the basis for not including a priority among releases of such substances on the revised national list. Prohibits the President from adding a facility to the national list over the written objection of the state, unless:

• the state, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party;
• the President determines that the contamination has migrated across a state boundary, resulting in the need for response actions in multiple states; or
• the criteria under the national contingency plan for issuance of a health advisory have been met.

Removes provisions concerning the 100 highest priority facilities. Authorizes states to designate a facility to the national list no more than once every five years.

Includes, as a minimum requirement in regulations that provide for involvement by each state in remedial actions, state concurrence in adding sites to the National Priorities List.

(Sec. 5) Requires remedial actions to meet any state environmental covenant law or state law or regulation requiring the use of engineering control or land use control if they are more stringent than federal requirements.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov