[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Extensions of Remarks]
[Page E1480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BILL TO AMEND THE RESOURCE CONSERVATION AND RECOVERY ACT

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                        HON. JOHN M. SPRATT, JR.

                           of south carolina

                    in the house of representatives

                         Friday, August 2, 1996

  Mr. SPRATT. Mr. Speaker, I rise today to inform my colleagues of a 
bill I'm introducing to toughen Federal laws regulating hazardous waste 
facilities. Hazardous waste treatment and disposal is regulated by the 
Resource Conservation and Recovery Act [RCRA]. Since RCRA was enacted 
in 1976, we have made dramatic progress in improving oversight of 
hazardous waste though a flexible regulatory structure in which States 
have the primary role in enforcing the statute. The bill I introduce 
today takes three simple, but powerful, further steps to assist State 
environmental agencies in protecting the environment from hazardous 
wastes.
  First, the bill requires the Administrator of the EPA to certify that 
authorized State RCRA programs include standards for the siting of 
hazardous waste facilities. Currently, a number of States have no 
regular standards which guard against the placement of hazardous waste 
facilities in environmentally sensitive or unstable areas. These States 
operate on an ad hoc basis when making permitting decisions. But the ad 
hoc approach has two weaknesses. The public is left with little to no 
information to judge whether a particular site represents a true danger 
to public health, and business is left with little certainty as to 
which sites are likely to garner approval. Standards which preclude 
siting in places like flood plains, karst terrain, or over important 
aquifers will clear up this confusion for both parties. And the bill 
allows each State the flexibility to tailor standards to its own needs 
and conditions.
  Second, it authorizes the States to fund their RCRA programs through 
permit fees, and requires the EPA to determine for each State the cost 
of fully maintaining its program. In many States, taxpayers are funding 
RCRA programs from general revenues. Not only is this unfair, since the 
burden of supporting oversight functions properly belongs to those who 
treat and dispose of the waste, but it often leads to underfunding of 
State programs. This bill provides every State the opportunity and the 
ability to recover these costs through permits fees in accordance with 
the polluter pays principle.
  Third, the bill corrects the problem that owners of hazardous waste 
facilities who are currently violating State or Federal environmental 
laws are still legally eligible to receive and do receive new operating 
permits. The third part of my bill, called a good-guy provision, 
prevents any company which is violating State or Federal environmental 
laws from obtaining a permit for a hazardous waste facility. This 
provision provides a strong incentive for operators to obey laws 
designed to protect public safety and minimize environmental risks.
  I have a particular interest in ensuring that hazardous waste 
facilities are safe because my congressional district is adjacent to a 
hazardous waste landfill in Sumter County, SC--the second largest 
hazardous waste landfill in the Southeast, and my district formerly 
hosted a hazardous waste incinerator in Rock Hill, SC, which is now a 
reprocessing facility. Both have experienced problems, and I believe 
facilities of this kind would benefit from stricter Federal laws. I 
know the general public would benefit. Similar situations exist in 
almost every congressional district in the country. That's why this 
legislation is appropriate and deserves the support of the entire 
Congress.
  I believe this bill represents modest but important change in 
environmental law. Hazardous waste facilities will continue to pose a 
danger to our health and the environment, but this legislation can help 
minimize that risk.

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