[Congressional Record Volume 145, Number 146 (Monday, October 25, 1999)]
[Senate]
[Pages S13086-S13087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     SUPERFUND RECYCLING EQUITY ACT

  Mr. LOTT. Mr. President, over the past three decades, concern for our 
environment and natural resources has grown--as has the desire to 
recycle and reuse. You may be surprised to learn that one major 
environmental statue actually creates an impediment to recycling. 
Superfund has created this impediment, although unintended by the law's 
authors.
  Because of the harm that is being done to the recycling effort by the 
unintended consequence of law, the distinguished minority leader, Mr. 
Daschle, and I introduced the Superfund Recycling Equity Act, S. 1528. 
This bill removes Superfund's recycling impediments and increases 
America's recycling rates.
  We had one and only one purpose in introducing the Superfund 
Recycling Equity Act--to remove from the liability loop those who 
collect and ship recyclables to a third party site. The bill is not 
intended to plow new Superfund ground, nor is it intended to revamp 
existing Superfund law. That task is appropriately left to 
comprehensive reform, a goal that I hope is achievable.
  While the bill proposes to amend Superfund, Mr. President, it is 
really a recycling bill. Recycling is not disposal and shipping for 
recycling is not arranging for disposal--it is a relatively simple 
clarification, but one that is necessary to maintain a successful 
recycling effort nationwide. Without this clarification, America will 
continue to fall short of its recycling goal.
  S. 1528 was negotiated in 1993 between representatives of the 
industry that recycles traditional materials--paper, glass, plastic, 
metals, textiles and rubber--and representatives of the Environmental 
Protection Agency, the Department of Justice, and the national 
environmental community. Similar language has been included in 
virtually every comprehensive Superfund bill since 1994. With nearly 50 
Senate cosponsors, support for the bill has been both extensive and 
bipartisan.
  Since Senator Daschle and I introduced S. 1528, some have argued that 
we should not ``piecemeal'' Superfund. They argue that every part of 
Superfund should be held together tightly, until a comprehensive 
approach to reauthorization is found. And given the broad-based support 
for the recycling piece across both parties, some think it should be 
held as a ``sweetener'' for some of the more difficult issues. 
Superfund's long history suggests, however, that the recycling 
provisions--as sweet as they are--have done little, if anything, to 
help move a comprehensive Superfund bill forward. Rather, 
``sweeteners'' like brownfields and municipal liability are what keep 
all parties at the table.
  Holding the recyclers hostage to a comprehensive bill has not helped 
reform Superfund, and continuing to hold them hostage will not ensure 
action in the future. What it does ensure is that recycling continues 
to be impeded and fails to attain our nation's goals.
  This recycling fix is minuscule compared to the overwhelming 
stakeholder needs regarding Superfund in general, but so significant 
for the recycling industry itself. It is easy to see why this bill has 
achieved such widespread bipartisan support among our colleagues.
  S. 1528 addresses only one Superfund issue--the unintended 
consequence of law that holds recyclers responsible for the actions of 
those who purchase their goods. The goal of this bill is to remove the 
liability facing recyclers, not to establish who should be responsible 
for those shares if the unintended liability is removed.
  Senator Daschle and I have heard from various parties who want to add 
minor provisions outside the scope of the bill. Although many have 
presented interesting and often compelling arguments, I will continue 
to ask that any party wishing to enlarge the narrow focus of S. 1528 
show support on both sides of the aisle, as well as from the 
administration and the environmental community.
  Much time, energy and expertise went into crafting an agreement where 
few thought it was possible. That agreement has been maintained through 
four separate Congresses where all sorts of attempts to modify it have 
failed. Congress should accept this delicately crafted product.
  S. 1528 shows Congress' commitment to protect and increase recycling.

[[Page S13087]]

  S. 1528 repeats what we all know and support--that continued and 
expanded recycling is a national goal.
  S. 1528 removes impediments to achieving this goal, impediments 
Congress never intended to occur.
  The nearly 50 Senators who have already co-sponsored this bill 
recognize the need to amend Superfund for the very important purpose of 
increasing recycling in the public interest. Let's act this year.

                          ____________________