[Congressional Record Volume 143, Number 69 (Thursday, May 22, 1997)]
[Extensions of Remarks]
[Pages E1035-E1036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     SMALL BUSINESS REMEDIATION ACT

                                 ______
                                 

                            HON. JOE BARTON

                                of texas

                    in the house of representatives

                         Thursday, May 22, 1997

  Mr. BARTON of Texas. Mr. Speaker, I rise today to introduce a bill 
which will help improve the environment while protecting small 
businesses. This bill, the Small Business Remediation Act, will enable 
the Nation's 30,000 dry cleaners, their employees, neighbors, and 
customers to improve the local environment while preserving the dry 
cleaners' ability to preserve businesses and remain vital contributors 
to their communities. The bill has bipartisan support in Congress and 
tremendous nationwide support from the dry cleaning industry, and I 
urge the House to pass the legislation.
  For the last few years dry cleaners, one of the largest groups of 
small businesspeople in America, have faced substantial potential 
liability associated with the remediation of soil surrounding some dry 
cleaning businesses. This potential liability has resulted in the small 
business owners in the industry having trouble obtaining or renewing 
leases and borrowing money, or even risk bankruptcy.
  This potential liability is being greatly compounded by the 
misapplication of the Federal drinking water standard to soil 
remediation projects. This makes no sense, of course, but this standard 
is being used by States which are overseeing the remediation of some 
dry cleaning sites mostly because there is no other standard readily 
available.
  The Federal drinking water standard for the relevant compound--
perchlorethylene or

[[Page E1036]]

perc--is set at 5 parts per billion. Unfortunately, while that level 
might be appropriate for drinking water, it can hardly be considered 
necessary for protection from perchlorethylene in dirt.
  As a result of the arbitrary, illogical situation of applying the 
drinking water standard in other cases, dry cleaners increasingly face 
clean-ups requiring staggering sums of money. In many cases, the dry 
cleaner may simply be forced to declare bankruptcy and walk away 
penniless. In such cases, the soil is not remediated, the environment 
is not improved, and the community is weakened.
  Last fall, the House Commerce Committee, Subcommittee on Oversight 
and Investigations, which I chair, held hearings on this issue. We 
heard witnesses who testified that they had lost businesses built over 
a lifetime, suffered terrible emotional distress, spent millions of 
dollars chasing illusory risks, and been prevented from expanding their 
businesses because of this mismatched regulatory approach. Most 
disturbing, we repeatedly heard that many dry cleaners fear to pass 
their business along to their children, all because of the possibility 
of being caught in this bureaucratic web. This is not healthy for our 
communities or our environment.
  To remedy this problem, the Small Business Remediation Act would like 
the soil remediation standard for perc to the Occupational Safety and 
Health Administration standard, which is currently set at 100 parts per 
million. This is the standard which OSHA has found to be protective of 
workers who are exposed to perc in the workplace everyday for their 
entire working lives.
  The bill I am introducing today would set the remediation standard 10 
times stricter than the OSHA standard. If OSHA strengthened its 
standard in the future, the soil remediation standard would be 
strengthened automatically. Therefore, it does not freeze science, and 
allows changes in new evidence dictates.
  The bill does not change the Federal drinking water standard and does 
not prevent States or EPA from cleaning up dry cleaning sites.
  Our approach will provide certainty to dry cleaners, their neighbors, 
surrounding businesses, banks, and the entire community. At the same 
time, by setting an achievable goal, the Small Business Remediation Act 
will lead to more efficient and timely improvements of the environment. 
By providing certainty, it will help focus resources on clean-ups, not 
lawyers.
  Mr. Speaker, I encourage all Members to join us in this commonsense 
approach to a problem that affects all American communities. By 
supporting the Small Business Remediation Act, Members can help improve 
the environment, strengthen small business, and promote the prosperity 
of our neighborhoods and towns.

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