[Congressional Record Volume 154, Number 95 (Tuesday, June 10, 2008)]
[Senate]
[Pages S5451-S5452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Mr. Cardin, and Mr. Lautenberg):
  S. 3109. A bill to amend the Solid Waste Disposal Act to direct the 
Administrator of the Environmental Protection Agency to establish a 
hazardous waste electronic manifest system; to the Committee on 
Environment and Public Works.
  Mr. THUNE. Mr. President, I rise today to introduce a bipartisan bill 
that seeks to update the way in which the Federal Government tracks the 
shipment of hazardous waste. I am pleased that Senators Cardin and 
Lautenberg have joined me in introducing this bill, which builds upon 
the bipartisan legislation I introduced last Congress with Senator 
Jeffords and Senator Inhofe when I served as chairman of the 
Environment and Public Works Subcommittee on Superfund and Waste 
Management.
  Simply put, our legislation would direct the Environmental Protection 
Agency to begin a much needed transformation of the tracking of 
hazardous wastes. While the Resource Conservation and Recovery Act, 
RCRA, that Congress passed in 1976 has done a great deal to protect 
human health and the environment, the paper manifest process that is 
used to track federally-regulated hazardous wastes from ``cradle to 
grave'' has turned into the single largest continuous paperwork burden 
imposed on regulated entities under Federal environmental law.
  On an annual basis, roughly 139,000 regulated entities track anywhere 
between 2.5-5 million hazardous waste manifests. This paperwork burden 
has been estimated to cost states and the regulated community between 
$200 million and $500 million annually. This is largely due to the fact 
that each paper manifest is comprised of numerous carbon copies that 
must be signed, mailed to waste generators and State agencies--and then 
ultimately stored by each regulated entity. To underscore just how 
cumbersome this paper manifest is, the Environmental Protection Agency 
has noted that roughly 22 States don't even keep copies because it 
represents too large of a paperwork burden.
  The benefits of using electronic manifests are numerous and each of 
the witnesses who testified at the EPW Subcommittee hearing that I 
chaired on September 26, 2006 spoke to the benefits it would have--both 
in terms of improving federal oversight of hazardous waste transport 
and lessening the paperwork burden on regulated entities.
  I would like to stress that this legislation builds upon the measure 
I introduced last Congress and incorporates a handful of changes made 
at the request of various stakeholders, including Senator Boxer who now 
chairs the EPW Committee.
  Because of the broad support that this measure enjoys, I look forward 
to the long awaited mark-up of this bill before the EPW Committee. I 
would like to thank both Senator Cardin and Senator Lautenberg for 
their support as we work to improve the arcane system currently 
utilized to track hazardous waste shipments. Transitioning to an 
electronic system is long overdue and this legislation would be paid 
for by the users of the system--the generators and waste companies that 
handle hazardous waste.
  In closing I would like to highlight just one of the statements of 
support I received for the legislation that I began working on over 2 
years ago. The following statement of support came from Terrence Gray, 
President of the Association of State and Territorial Solid Waste 
Management Officials, who noted:

       It is appropriate, many would say overdue, in the 21st 
     Century economy to have the capability of using electronic 
     reporting for such a tracking system, and we are supportive 
     of your efforts to initiate this process. It is our 
     understanding that [this bill] is the necessary first step in 
     designating the detailed system for electronic manifesting, 
     and for that reason we think it should go forward.

  I trust that my colleagues will recognize the benefits of setting up 
an electronic manifest system as is envisioned under the Thune-Cardin 
bill we have introduced today.
  Mr. CARDIN. Mr. President, I join the Senator from South Dakota, Mr.

[[Page S5452]]

Thune, in cosponsoring a bill to modernize the tracking of hazardous 
waste. The Federal waste law requires the tracking of hazardous waste 
from ``cradle to grave.'' This tracking system is designed to provide 
an enforceable chain of custody for hazardous wastes. The law provides 
a strong incentive for transporters to manage the waste in a 
responsible fashion. The U.S. Environmental Protection Agency's 
economic analysis estimates that over 139,000 regulated entities track 
between 2.4 and 5.1 million shipments a year.
  This system provides for appropriate stewardship of the hazardous 
waste products of our modem world. Unfortunately, the tracking system 
itself is in serious need of modernization.
  Currently, the tracking is handled entirely through a paper manifest 
system. The paperwork burden is enormous. Each manifest form has 7 or 8 
copies, which currently must be manually filled out and signed with pen 
and ink signatures, physically carried with waste shipments, mailed to 
generators and state agencies, and finally stored among facility 
records.
  The paperwork burden is so great that 22 States and the EPA do not 
even collect copies of the forms. Those that do so get their copies 
months after the waste has been shipped. In the vast majority of cases, 
the only time regulators look at the manifests is during inspections or 
after a disaster to identify the responsible parties.
  Under the Thune-Cardin bill, the paper manifest will be replaced by 
an electronic manifest. The bill sets up a funding system for the 
manifest paid for by the users of the system, the generators, and waste 
companies that handle hazardous waste.
  An e-manifest system would remove a tremendous paperwork burden, 
assist the States in receiving data more readily in a format they can 
use, improve the public's access to waste shipment information and save 
over $100 million every year. First responders could get data in real-
time. That is why groups as varied as Dow Chemical, Sierra Club and the 
Association of State, Territorial, Solid Waste Management Officials 
support this bill.
  EPA does not have the funding to set up this system, so the bill uses 
a unique way to contract for the work. Companies will ``bid'' to set up 
the system at their cost and risk. They will be paid back on a per 
manifest basis by the users, waste generators, and handlers. This puts 
the burden on the private company or companies to meet the needs of the 
users of the system. The legislation is needed so that the funds 
collected go to the operation of the program rather than go to the 
general treasury.
  A hearing was held on this issue in 2006 on a similar bill, S. 3871 
introduced by Senators Thune, Jeffords, and Inhofe. No serious 
objections were made at that time and strong support was expressed by 
all the witnesses including EPA.
  This is legislation that is overdue. I ask Members to join us in 
supporting this legislation which has garnered the backing of industry, 
States, and environmental groups. It is time for the waste manifest 
system to move into the 21st Century.
                                 ______