[Congressional Record Volume 157, Number 45 (Thursday, March 31, 2011)]
[Senate]
[Page S2052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Mr. Cardin, Ms. Klobuchar, and Mr. 
        Inhofe):
  S. 710. 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. CARDIN. Mr. President, I join the Senator from South Dakota, Mr. 
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 modern 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 seven 
or eight 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.
  In September of 2008, an equally similar bill introduced by Senator 
Thune was reported favorably out of the Senate Environment and Public 
Works Committee and passed the Senate. Unfortunately, the House did not 
take up the measure.
  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.

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