[Congressional Record Volume 158, Number 121 (Tuesday, September 11, 2012)]
[House]
[Pages H5826-H5829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HAZARDOUS WASTE ELECTRONIC MANIFEST ESTABLISHMENT ACT
Mr. MURPHY of Pennsylvania. Mr. Speaker, I move to suspend the rules
and pass the bill (S. 710) to amend the Solid Waste Disposal Act to
direct the Administrator of the Environmental Protection Agency to
establish a hazardous waste electronic manifest system, as amended.
The Clerk read the title of the bill.
The text of the amendment is as follows:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazardous Waste Electronic
Manifest Establishment Act''.
SEC. 2. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.
(a) In General.--Subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.) is amended by adding at the end the
following:
``SEC. 3024. HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM.
``(a) Definitions.--In this section:
``(1) Board.--The term `Board' means the Hazardous Waste
Electronic Manifest System Advisory Board established under
subsection (f).
``(2) Fund.--The term `Fund' means the Hazardous Waste
Electronic Manifest System Fund established by subsection
(d).
``(3) Person.--The term `person' includes an individual,
corporation (including a Government corporation), company,
association, firm, partnership, society, joint stock company,
trust, municipality, commission, Federal agency, State,
political subdivision of a State, or interstate body.
``(4) System.--The term `system' means the hazardous waste
electronic manifest system established under subsection (b).
``(5) User.--The term `user' means a hazardous waste
generator, a hazardous waste transporter, an owner or
operator of a hazardous waste treatment, storage, recycling,
or disposal facility, or any other person that--
``(A) is required to use a manifest to comply with any
Federal or State requirement to track the shipment,
transportation, and receipt of hazardous waste or other
material that is shipped from the site of generation to an
off-site facility for treatment, storage, disposal, or
recycling; and
``(B)(i) elects to use the system to complete and transmit
an electronic manifest format; or
``(ii) submits to the system for data processing purposes a
paper copy of the manifest (or data from such a paper copy),
in accordance with such regulations as the Administrator may
promulgate to require such a submission.
``(b) Establishment.--Not later than 3 years after the date
of enactment of this section, the Administrator shall
establish a hazardous waste electronic manifest system that
may be used by any user.
``(c) User Fees.--
``(1) In general.--In accordance with paragraph (4), the
Administrator may impose on users such reasonable service
fees as the Administrator determines to be necessary to pay
costs incurred in developing, operating, maintaining, and
upgrading the system, including any costs incurred in
collecting and processing data from any paper manifest
submitted to the system after the date on which the system
enters operation.
``(2) Collection of fees.--The Administrator shall--
``(A) collect the fees described in paragraph (1) from the
users in advance of, or as reimbursement for, the provision
by the Administrator of system-related services; and
``(B) deposit the fees in the Fund.
``(3) Fee structure.--
``(A) In general.--The Administrator, in consultation with
information technology vendors, shall determine through the
contract award process described in subsection (e) the fee
structure that is necessary to recover the full cost to the
Administrator of providing system-related services,
including--
``(i) contractor costs relating to--
``(I) materials and supplies;
``(II) contracting and consulting;
``(III) overhead;
``(IV) information technology (including costs of hardware,
software, and related services);
``(V) information management;
``(VI) collection of service fees;
``(VII) reporting and accounting; and
``(VIII) project management; and
``(ii) costs of employment of direct and indirect
Government personnel dedicated to establishing, managing, and
maintaining the system.
``(B) Adjustments in fee amount.--
``(i) In general.--The Administrator, in consultation with
the Board, shall increase or decrease the amount of a service
fee determined under the fee structure described in
subparagraph (A) to a level that will--
``(I) result in the collection of an aggregate amount for
deposit in the Fund that is sufficient and not more than
reasonably necessary to cover current and projected system-
related costs (including any necessary system upgrades); and
``(II) minimize, to the maximum extent practicable, the
accumulation of unused amounts in the Fund.
``(ii) Exception for initial period of operation.--The
requirement described in clause (i)(II) shall not apply to
any additional fees that accumulate in the Fund, in an amount
that does not exceed $2,000,000, during the 3-year period
beginning on the date on which the system enters operation.
``(iii) Timing of adjustments.--Adjustments to service fees
described in clause (i) shall be made--
``(I) initially, at the time at which initial development
costs of the system have been recovered by the Administrator
such that the service fee may be reduced to reflect the
elimination of the system development component of the fee;
and
``(II) periodically thereafter, upon receipt and acceptance
of the findings of any annual accounting or auditing report
under subsection (d)(3), if the report discloses a
significant disparity for a fiscal year between the funds
collected from service fees under this subsection for the
fiscal year and expenditures made for the fiscal year to
provide system-related services.
``(4) Crediting and availability of fees.--Fees authorized
under this section shall be collected and available for
obligation only to the extent and in the amount provided in
advance in appropriations Acts.
``(d) Hazardous Waste Electronic Manifest System Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund, to be known as the
`Hazardous Waste Electronic Manifest System Fund', consisting
of such amounts as are deposited in the Fund under subsection
(c)(2)(B).
``(2) Expenditures from fund.--
``(A) In general.--Only to the extent provided in advance
in appropriations Acts, on request by the Administrator, the
Secretary of the Treasury shall transfer from the Fund to the
Administrator amounts appropriated to pay costs incurred in
developing, operating, maintaining, and upgrading the system
under subsection (c).
``(B) Use of funds by administrator.--Fees collected by the
Administrator and deposited in the Fund under this section
shall be available to the Administrator subject to
appropriations Acts for use in accordance with this section
without fiscal year limitation.
``(C) Oversight of funds.--The Administrator shall carry
out all necessary measures to ensure that amounts in the Fund
are used only to carry out the goals of establishing,
operating, maintaining, upgrading, managing, supporting, and
overseeing the system.
``(3) Accounting and auditing.--
``(A) Accounting.--For each 2-fiscal-year period, the
Administrator shall prepare and submit to the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations
[[Page H5827]]
of the House of Representatives a report that includes--
``(i) an accounting of the fees paid to the Administrator
under subsection (c) and disbursed from the Fund for the
period covered by the report, as reflected by financial
statements provided in accordance with--
``(I) the Chief Financial Officers Act of 1990 (Public Law
101-576; 104 Stat. 2838) and amendments made by that Act; and
``(II) the Government Management Reform Act of 1994 (Public
Law 103-356; 108 Stat. 3410) and amendments made by that Act;
and
``(ii) an accounting describing actual expenditures from
the Fund for the period covered by the report for costs
described in subsection (c)(1).
``(B) Auditing.--
``(i) In general.--For the purpose of section 3515(c) of
title 31, United States Code, the Fund shall be considered a
component of an Executive agency.
``(ii) Components of audit.--The annual audit required in
accordance with sections 3515(b) and 3521 of title 31, United
States Code, of the financial statements of activities
carried out using amounts from the Fund shall include an
analysis of--
``(I) the fees collected and disbursed under this section;
``(II) the reasonableness of the fee structure in place as
of the date of the audit to meet current and projected costs
of the system;
``(III) the level of use of the system by users; and
``(IV) the success to date of the system in operating on a
self-sustaining basis and improving the efficiency of
tracking waste shipments and transmitting waste shipment
data.
``(iii) Federal responsibility.--The Inspector General of
the Environmental Protection Agency shall--
``(I) conduct the annual audit described in clause (ii);
and
``(II) submit to the Administrator a report that describes
the findings and recommendations of the Inspector General
resulting from the audit.
``(e) Contracts.--
``(1) Authority to enter into contracts funded by service
fees.--After consultation with the Secretary of
Transportation, the Administrator may enter into 1 or more
information technology contracts with entities determined to
be appropriate by the Administrator (referred to in this
subsection as `contractors') for the provision of system-
related services.
``(2) Term of contract.--A contract awarded under this
subsection shall have a term of not more than 10 years.
``(3) Achievement of goals.--The Administrator shall
ensure, to the maximum extent practicable, that a contract
awarded under this subsection--
``(A) is performance-based;
``(B) identifies objective outcomes; and
``(C) contains performance standards that may be used to
measure achievement and goals to evaluate the success of a
contractor in performing under the contract and the right of
the contractor to payment for services under the contract,
taking into consideration that a primary measure of
successful performance shall be the development of a
hazardous waste electronic manifest system that--
``(i) meets the needs of the user community (including
States that rely on data contained in manifests);
``(ii) attracts sufficient user participation and service
fee revenues to ensure the viability of the system;
``(iii) decreases the administrative burden on the user
community; and
``(iv) provides the waste receipt data applicable to the
biennial reports required by section 3002(a)(6).
``(4) Payment structure.--Each contract awarded under this
subsection shall include a provision that specifies--
``(A) the service fee structure of the contractor that will
form the basis for payments to the contractor; and
``(B) the fixed-share ratio of monthly service fee revenues
from which the Administrator shall reimburse the contractor
for system-related development, operation, and maintenance
costs.
``(5) Cancellation and termination.--
``(A) In general.--If the Administrator determines that
sufficient funds are not made available for the continuation
in a subsequent fiscal year of a contract entered into under
this subsection, the Administrator may cancel or terminate
the contract.
``(B) Negotiation of amounts.--The amount payable in the
event of cancellation or termination of a contract entered
into under this subsection shall be negotiated with the
contractor at the time at which the contract is awarded.
``(6) No effect on ownership.--Regardless of whether the
Administrator enters into a contract under this subsection,
the system shall be owned by the Federal Government.
``(f) Hazardous Waste Electronic Manifest System Advisory
Board.--
``(1) Establishment.--Not later than 3 years after the date
of enactment of this section, the Administrator shall
establish a board to be known as the `Hazardous Waste
Electronic Manifest System Advisory Board'.
``(2) Composition.--The Board shall be composed of 9
members, of which--
``(A) 1 member shall be the Administrator (or a designee),
who shall serve as Chairperson of the Board; and
``(B) 8 members shall be individuals appointed by the
Administrator--
``(i) at least 2 of whom shall have expertise in
information technology;
``(ii) at least 3 of whom shall have experience in using or
represent users of the manifest system to track the
transportation of hazardous waste under this subtitle (or an
equivalent State program); and
``(iii) at least 3 of whom shall be a State representative
responsible for processing those manifests.
``(3) Duties.--The Board shall meet annually to discuss,
evaluate the effectiveness of, and provide recommendations to
the Administrator relating to, the system.
``(g) Regulations.--
``(1) Promulgation.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, after consultation with the
Secretary of Transportation, the Administrator shall
promulgate regulations to carry out this section.
``(B) Inclusions.--The regulations promulgated pursuant to
subparagraph (A) may include such requirements as the
Administrator determines to be necessary to facilitate the
transition from the use of paper manifests to the use of
electronic manifests, or to accommodate the processing of
data from paper manifests in the electronic manifest system,
including a requirement that users of paper manifests submit
to the system copies of the paper manifests for data
processing purposes.
``(C) Requirements.--The regulations promulgated pursuant
to subparagraph (A) shall ensure that each electronic
manifest provides, to the same extent as paper manifests
under applicable Federal and State law, for--
``(i) the ability to track and maintain legal
accountability of--
``(I) the person that certifies that the information
provided in the manifest is accurately described; and
``(II) the person that acknowledges receipt of the
manifest;
``(ii) if the manifest is electronically submitted, State
authority to access paper printout copies of the manifest
from the system; and
``(iii) access to all publicly available information
contained in the manifest.
``(2) Effective date of regulations.--Any regulation
promulgated by the Administrator under paragraph (1) and in
accordance with section 3003 relating to electronic
manifesting of hazardous waste shall take effect in each
State as of the effective date specified in the regulation.
``(3) Administration.--The Administrator shall carry out
regulations promulgated under this subsection in each State
unless the State program is fully authorized to carry out
such regulations in lieu of the Administrator.
``(h) Requirement of Compliance With Respect to Certain
States.--In any case in which the State in which waste is
generated, or the State in which waste will be transported to
a designated facility, requires that the waste be tracked
through a hazardous waste manifest, the designated facility
that receives the waste shall, regardless of the State in
which the facility is located--
``(1) complete the facility portion of the applicable
manifest;
``(2) sign and date the facility certification; and
``(3) submit to the system a final copy of the manifest for
data processing purposes.
``(i) Authorization for Start-up Activities.--There are
authorized to be appropriated $2,000,000 for each of fiscal
years 2013 through 2015 for start-up activities to carry out
this section, to be offset by collection of user fees under
subsection (c) such that all such appropriated funds are
offset by fees as provided in subsection (c).''.
(b) Conforming Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. 6901) is amended by
inserting at the end of the items relating to subtitle C the
following:
``Sec. 3024. Hazardous waste electronic manifest system.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Murphy) and the gentleman from North Carolina (Mr.
Butterfield) each will control 20 minutes.
The recognizes the gentleman from Pennsylvania.
General Leave
Mr. MURPHY of Pennsylvania. Mr. Speaker, I ask unanimous consent that
all Members have 5 legislative days in which to revise and extend their
remarks and insert extraneous materials in the Record on S. 710.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. MURPHY of Pennsylvania. Mr. Speaker, I yield myself such time as
I may consume.
The enactment of S. 710 will enable the EPA to employ current
technology to sharply reduce paperwork regulatory requirements at the
same time it makes crucial information more accessible for States,
first responders, and the public.
When people create hazardous waste, we require them to carefully
track the movement and disposition. That way we know that, when a drum
full of some hazardous waste is removed from a factory, the same amount
winds up where it belongs--in a proper disposal facility--and that none
of it is tossed into a sewer or a vacant lot. But for years,
guaranteeing this actually happened meant keeping up with the reporting
requirement--filling out multiple copies of paper forms and mailing
them to the EPA and State officials, as
[[Page H5828]]
well as keeping paper copies at each place of business.
The inefficiency of this system in today's electronic business-to-
business world certainly stands out to anyone. In fact, we learned of a
case when first responders arrived at the scene of a chemical plant
fire and they needed to know what substances were inside the plant
before they started fighting the fire. In the whole city, the only
copies of the forms identifying the hazardous waste were inside the
building and were consumed in the fire. Now, there has got to be a
better way.
With an electronic system, instead of filling out long forms and
mailing them, the critically needed data, with a few computer key
strokes, can be sent wherever it is needed. State regulators, first
responders, and others will be able to pull it up on their computers
and track the materials in real time. The changeover will not only save
millions of dollars for regulated businesses, but quite frankly, it
will save lives. So, even though the e-manifest system in S. 710 is
funded by user fees, I want to note it will not be a burden on small
businesses. Users pay only when and to the extent they file manifests.
Otherwise, the new system will work like the old paper system, where
the process to identify discrepancies in shipments is preserved.
Mr. Speaker, S. 710 was a good bill when it arrived here from the
other body, but we made it better. First, we converted it from so-
called ``mandatory'' spending to ``discretionary.'' That will allow our
colleagues on the Appropriations Committees an annual chance to review
the program and make sure that money collected from users and money
spent on the system is only enough to get the job done. Next, in
working with our friends from the Committee on Transportation and
Infrastructure, we added language to help the EPA harmonize its
changeover to electronic filing with the Department of Transportation.
The DOT also has its own requirements for handling and reporting
hazardous materials, and we want the agencies to talk to each other and
their computers to speak the same language.
So, Mr. Speaker, I urge the House to send S. 710, as amended, back to
the other body, where we expect it to be approved without further
amendment so that the President can sign it into law.
I reserve the balance of my time.
Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of the Hazardous Waste Electronic Manifest
Establishment Act, as amended by the Energy and Commerce Committee.
This legislation will establish a centralized, Federal electronic
manifest system for tracking hazardous waste for both the Federal
Government and the States, and will pay for it through the collection
of user fees.
Protecting the public from hazardous waste is certainly a critical
mission of the Department of Transportation and the EPA. Both
departments, in coordination with industry and State agencies, have
been vigilant in the treatment and transport of hazardous waste because
of the safeguards established by the hazardous waste manifest system.
Paper manifests provide shipping information to help with the tracking
of potentially dangerous materials and information about the contents
of each shipment for emergency responders.
The requirements of the current system were established over 30 years
ago. Since 2001, the EPA has proposed a nearly paperless manifest
system, which would reduce the financial burden of paperwork on States
and the industry. EPA Administrator Lisa Jackson described the adoption
of an electronic system for manifests as ``an investment in modernizing
the system that will pay off in efficiency later.'' That is why this
legislation has wide support from hazardous waste generators, shippers,
and processors, in that it reduces administrative and paperwork
burdens.
The Congressional Budget Office estimates that this program will
yield net annual savings for industry and the States of over $100
million per year. The CBO also estimates that about 114,000 shippers
would use this new system in the year 2016, with shipping users almost
doubling in later years to 227,000.
Environmental groups also support this legislation because it will
lead to ``reductions in regulatory burden while simultaneously
increasing the timeliness and availability of hazardous waste data''
and ``better protecting our environment.'' Those are their quotes.
I think the gentleman from Pennsylvania made reference to this a
moment ago. In 2006, a fire erupted at a hazardous waste disposal
facility in my home State of North Carolina. When first responders
arrived on the scene, they could not access information about the
hazardous chemicals inside of the facility because the paper manifests
were inside the building that was burning.
We should bring this system, Mr. Speaker, into the 21st century.
Technology has advanced. We all know that. There has been such
advancement in technology over the last 32 years, and we should no
longer be relying on carbon copies to track potentially dangerous
shipments. Today's proposed legislation also maintains flexibility for
small businesses by making participation in the electronic reporting
program voluntary. It's not compulsory. It is a voluntary proposal. So,
if any firm chooses, it can still use paper-based reporting methods.
As it passed the Senate, S. 710 embodied concepts that are widely
supported, but it carried significant costs and direct spending, and
deviated from the common practice of making the collection and
utilization of user fees subject to appropriation.
{time} 1710
But Chairman Shimkus worked closely with the Democratic members of
the Environment and Economy Subcommittee to craft a substitute bill
that addresses concerns while preserving the benefits of the
legislation. The bill passed out of our subcommittee and the full
Energy and Commerce Committee on voice votes with strong bipartisan
support. I believe, Mr. Speaker, it has a high likelihood of being
accepted by the Senate and the President. We will certainly give them
that opportunity. I urge my colleagues to support this bill so we can
finally see this significant improvement signed into law.
I want to thank Mr. Murphy and all of the other Members who worked to
expedite this legislation and get it to the floor today. I'm going to
ask my colleagues to join with us in passing this bill.
With that said, Mr. Speaker, I reserve the balance of my time.
Mr. MURPHY of Pennsylvania. Mr. Speaker, I have no more speakers on
this bill, and I'm prepared to close if the gentleman from North
Carolina is prepared to close, as well.
Mr. BUTTERFIELD. I don't have any more speakers, and I too am
prepared to close.
Mr. Speaker, as the final speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me again thank Mr. Murphy, the gentleman from
Pennsylvania, and Mr. Shimkus, and the chair and the ranking member of
all the committees of jurisdiction for their extraordinary work on this
bill.
This is a critical piece of legislation. All of the stakeholders who
are involved in disposing of chemicals and shipping chemicals are all
in agreement that this is necessary. In fact, the time has passed that
we pass this type of legislation. We live in a new age of technology
now, so there's no excuse for us not automating these procedures. This
bill today enables that to happen.
I want to thank all of my colleagues on both sides of the aisle for
their spirit of bipartisanship in getting this to the floor. I ask my
colleagues to please vote ``yes'' on this important legislation.
With that, I yield back the balance of my time.
Mr. MURPHY of Pennsylvania. Mr. Speaker, I ask that all Members
support this bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Murphy) that the House suspend the
rules and pass the bill, S. 710, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
[[Page H5829]]
____________________