[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9640-S9641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 RECYCLING TRANSACTIONS UNDER SUPERFUND

 Mr. AKAKA. Mr. President, I want to express my support for S. 
607, a bill to clarify the liability of certain recycling transactions 
under the Superfund

[[Page S9641]]

law. This legislation clarifies the Superfund Act to ensure that the 
product of scrap recycling is not subject to Superfund liability if 
certain standards are met.
  S. 607 does not exempt from Superfund liability recyclers who operate 
contaminated facilities. Nor does it exempt from Superfund 
contamination caused in whole or in part by waste generated during the 
course of processing recycled materials.
  My support for this legislation is not unconditional, however. During 
a review of this legislation I have identified a serious flaw in S. 
607, as introduced. The language that appears in section 127(b)(2)(E) 
is drafted in a way that would, I believe, achieve exactly the opposite 
result that the bill's sponsor intends.
  After discussing this issue with industry and environmental groups, I 
have concluded that the best thing to do is support the bill and work 
to correct the error in the legislation. I have received assurances by 
the industry supporters of this legislation that they will not allow 
this error to stand, and will work to have the problem corrected. I 
will join with them in this effort.

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