[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12843-S12844]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     SUPERFUND RECYCLING EQUITY ACT

  Mr. LOTT. Mr. President, I would like to express my personal 
disappointment that S. 2180, the Superfund Recycling Equity Act, was 
not enacted into law by this Congress.
  The Lott-Daschle scrap recycling bill was cosponsored by 64 Senators 
and over 300 members of the House. It was strongly supported by the 
Administration, the environmental community and the scrap recycling 
industry.
  Mr. President, the odds for success don't get much better than this.
  S. 2180 would have provided much needed liability relief to those who 
collect scrap metal, paper, glass, plastic and textiles and arrange for 
it to be recycled. These are people who should not be held responsible 
for the pollution of a Superfund site. The Administration agrees. A 
majority in the Congress agrees. The environmental community agrees. 
This may be the one and only item within the scope of Superfund reform 
that has the unanimous support of all parties!
  That's why, Mr. President, every comprehensive Superfund bill since 
1994 has contained virtually the same language as is found in S. 2180. 
The same agreements, the same exemptions and the same relief.
  I believe in recycling and in the American businesses that recycle. 
My colleagues on both sides of the aisle do too, and that's why we have 
come as far as we have towards bringing relief to this industry. No one 
in this Chamber would argue that it's better to make new aluminum cans 
than to recycle the old ones. No one would say that used cans should go 
to the county landfill while new resources go towards making new cans.
  But that is just what this body is saying by failing to act on this 
legislation: Recyclers should be held liable for polluting a site 
because they provided the materials that created a product that someone 
else misused in

[[Page S12844]]

an environmentally damaging way. Is Congress content to let this stand? 
Should we continue to hold these innocent parties liable simply because 
the technical legal fix is a stand-alone bill excerpted from a 
comprehensive context?
  Mr. President, I understand the desires of Chairmen Chafee, Bliley 
and Shuster to pass real comprehensive reform. I have always supported 
their efforts to do so. However, I cannot believe that moving the 
recycling provisions separately endangers their ability to do a 
comprehensive bill. The recycling piece has never been the reason for 
fixing Superfund--and it has certainly never held back progress on a 
comprehensive bill. Recycling is, given the scope, a very minor part of 
the total package. Minor, but eminently important to those who continue 
to be forced into funding cleanups for which they are not responsible.
  Mr. President, I am disappointed that some in the business community 
would rather see no action on Superfund than allow S. 2180's almost 400 
Congressional cosponsors to realize a tiny step forward. There are over 
2,600 recycling facilities nationwide who suffer because of this 
``scorch the earth'' mentality. It is indeed a tragedy, Mr. President, 
that we cannot recognize this common ground, agree on a solution and 
move on.
  Mr. President, I hope that in the 106th Congress, we will take a look 
at Superfund with new eyes. I know we can find ways to provide American 
businesses--both large and small--some relief. I know we can actually 
get some clean up done, instead of pouring federal and private sector 
money into lawyers' pockets. Let's make sure that the parties who mess 
up are the parties that clean up. That's the bottom line and the goal 
we all strive towards regardless of philosophy or party.
  Mr. President, I would like to thank those members of the House and 
Senate who have been such an integral part of moving S. 2180 forward. 
First and foremost, I would like to thank the Minority Leader, Mr. 
Daschle, who has been a great partner and advocate throughout the 
process of moving this bill. It is good to know that we can team up on 
issues like these--I hope to continue to do so in the future.
  I would also like to thank Congressman Tauzin, our House sponsor, for 
all of his efforts. Without a concerted push from both chambers, it is 
doubtful that we would have come as close as we did.
  I would also like to thank the Speaker, the White House and the EPA 
for their interest and support on this issue.
  Finally, Mr. President, I would like to thank the Institute of Scrap 
Recycling Industries, Inc. (ISRI) for its input. Its membership were 
instrumental in highlighting the plight of recyclers to their 
Congressional representatives. I hope that they are willing to join us 
in putting a shoulder to the grindstone again next Congress.
  Thank you.

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