2014: Schweikert Voted To Expand The States' Role And Authority In The Superfund Hazardous Waste Cleanup Program. In January 2014, Schweikert voted for a bill that, according to Congressional Quarterly, "[would] expand[] the role of states in the Superfund hazardous-waste cleanup program, allowing states to add potential cleanup sites to the National Priorities List (NPL) and requiring the approval of states for EPA to add sites to the priority list. It [would] also require[] EPA to consult with states during the cleanup process; eliminate[] the federal government's claim of sovereign immunity from state enforcement with respect to Superfund cleanups of contaminated sites on federal property (thereby requiring the federal government to comply with state enforcement actions); modif[y] financial responsibility rules with respect to Superfund hazardous-waste facilities; and require[] EPA to review and revise regulations promulgated under the Resource Conservation and Recovery Act (RCRA) as the agency determines to be appropriate (rather than every three years, as under current law)." The House passed the bill by a vote of 225 to 188; however, the bill died in the Senate. [House Vote 10, 1/9/14; Congressional Quarterly, 1/6/14; Congressional Actions, H.R. 2279]
Superfund, Formally Known As The Comprehensive Environmental Response, Compensation And Liability Act (CERCLA), Covers Hazardous Substance Discharge Prevention And Cleanup. According to Congressional Quarterly, "The 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; PL 96-510), a law commonly known as Superfund, authorizes EPA to respond to releases, or threatened releases, of hazardous substances that may endanger public health, welfare or the environment. The Superfund law also enables EPA to force parties responsible for environmental contamination to clean it up or to reimburse the Superfund for response or remediation costs incurred by EPA." [Congressional Quarterly, 1/6/14]
Bill Would Permit States To, Once Every Five Years, Add A Site To EPA's Superfund National Priorities List (NPL) Without EPA's Permission. According to Congressional Quarterly, "The bill allows states once every five years to unilaterally designate a site, including a site on federal property, to be added to the National Priorities List. Currently, states may simply propose the addition of sites to the NPL. In cases where EPA omits a site proposed by a state, the measure requires EPA to provide a written basis for its exclusion within 90 days." [Congressional Quarterly, 1/6/14]
Bill Would Also Require State Agreement For EPA To Put Site On NPL; However, EPA Could Override State Veto In Limited Set Of Circumstances. According to Congressional Quarterly, "It also gives states the authority to approve or disapprove of EPA recommendations for adding sites to the NPL. Currently, the concurrence of states is required for the removal of sites from the NPL, but not for adding sites to the list. EPA could override a state's rejection of a proposed site addition only if the state is a responsible party of the facility where contamination exists, the contamination has migrated across state lines or the contamination meets the threshold for triggering a national heath [sic] advisory." [Congressional Quarterly, 1/6/14]
Bill Would Require EPA Consultation With States On Cleanup Site Selection And Operations. According to Congressional Quarterly, "The bill requires EPA to consult with states both when selecting locations for remedial action and when doing the actual cleanup; currently, EPA is only encouraged to consult with states." [Congressional Quarterly, 1/6/14]
Currently, States Must Cover 10 Percent Of Superfund Cleanup Costs; Bill Would Permit States To Meet That Obligation Through In-Kind Contributions Of State Resources And Proceeds From Materials Recovered From The Cleanup Project. "The measure also expands the credits that states can receive toward a 10% cost share requirement for expenditures made for a removal action. Specifically, it includes in-kind contributions such as real property, equipment, goods and services provided for removal or remedial action at the facility, or amounts derived from materials recycled, recovered or reclaimed from the facility that are used to fund or offset all or a portion of the cost of a removal or remedial action. Under the Superfund law, states must provide 10% of the cleanup cost and the entire cost of long-term operation and maintenance --- but only the expenditure of state funds currently counts toward that 10% cost share." [Congressional Quarterly, 1/6/14]
2017: Schweikert Voted Against Increasing EPA Superfund Funding By $12 Million. In September 2017, Schweikert voted against an amendment that would have, according to Congressional Quarterly, "increase[d] funding for EPA Superfund sites by $12 million, and would [have] decrease[d] funding for the Bureau of Land Management's oil and gas program by the same amount." The underlying legislation was a legislative vehicle for an FY 2018 Omnibus appropriations bill. The House rejected the amendment by a vote of 191 to 221. [House Vote 471, 9/7/17; Congressional Quarterly, 9/7/17; Congressional Actions, H. Amdt. 333; Congressional Actions, H.R. 3354]