[Congressional Record (Bound Edition), Volume 145 (1999), Part 10]
[Senate]
[Pages 13520-13522]
[From the U.S. Government Publishing Office, www.gpo.gov]



                    RECYCLING PROVISION OF SUPERFUND

  Mr. LOTT. Mr. President, 1 year ago the distinguished minority 
leader, Mr. Daschle, and I introduced S. 2180, the Superfund Recycling 
Equity Act, to overcome the unintended consequences of Superfund which 
continue to have major negative impacts on recycling. There is 
widespread recognition of the need for relief in this area, as 
evidenced by the number of Superfund bills that have been introduced 
since the 103d Congress, as well as the measures being considered in 
this Congress, all of which include nearly identical recycling relief 
provisions.
  I am grateful for the decision by Senators Chafee and Smith to 
include a strong recycling provision in their Superfund reform bill 
currently pending before the Environment and Public Works Committee. 
This inclusion was an important contributing reason to my decision to 
be an original cosponsor of the Superfund Program Completion Act of 
1999 (S. 1090). As the committee approaches a markup of its 
legislation, I understand that the committee chairman and subcommittee 
chairman are negotiating with their minority counterparts and the 
Environmental Protection Agency in an effort to reach a bipartisan 
consensus. In the spirit of the last year's Superfund Recycling Equity 
Act, which collected 63 cosponsors from both sides of the aisle, I 
endorse such an approach and look forward to debating the bill on the 
Senate floor.

[[Page 13521]]

  Today, I am pleased to join the minority leader in bringing to the 
attention of the Senate the need to move expeditiously in this regard, 
recognizing that another year has passed without needed relief for 
recyclers.
  Mr. DASCHLE. The distinguished majority leader is correct in noting 
the attention of many bills directed at Superfund relief for recyclers 
in this session, the bipartisan interest in this subject, and the broad 
based, bicameral commitment directed to correcting these unintended 
consequences. The Superfund Litigation Reduction and Brownfields 
Cleanup Act of 1999 (S. 1105), introduced by Senators Baucus, 
Lautenberg, Lincoln, and me, contains a provision similar to the 
distinguished majority leader's and my bill, S. 2180, introduced in 
this body 1 year ago.
  Mr. LOTT. I have worked for years with my colleagues to reform 
Superfund. We must put this important program back on track to get the 
environment cleaned up effectively and efficiently, with polluters 
paying the bills, not innocent parties. There was clear tangible 
evidence of how Superfund is off track in a recent GAO report which was 
requested by House Commerce Committee Chairman Bliley. The GAO report 
revealed that a majority of the funds go for activities other than 
clean up, and this is clearly wrong. I hope the Senate will act soon 
because America deserves a viable Superfund program.
  While there are different bills being considered in the Senate at 
this time, both the minority leader and I stand committed to Superfund 
relief for recyclables and we assure all Senators that the differences 
between the bills in their recycling language will be addressed in the 
interest of moving forward with this needed legislation. With the 
bipartisan support of this needed relief in place, Mr. President, it is 
essential to stress that relief for recycling, an issue of fundamental 
fairness, must be accomplished in this session.
  Mr. DASCHLE. Along with my Senate colleagues, I have worked for years 
to reform Superfund, and by all accounts the program has been vastly 
improved over the past 6 years. Today, I reaffirm my commitment to work 
with the majority leader to ensure passage of needed Superfund relief 
for recyclables in this session and urge passage of a recycling bill.
  Mr. LOTT. In this regard, I applaud the efforts of Chairman Shuster 
and Boehlert, who have worked tirelessly with their very competent 
staffs to help resolve the one significant remaining issue in 
contention.
  Mr. President, I ask unanimous consent to have printed in the Record 
a copy of a recently negotiated and signed agreement dealing with paper 
scrap by all the affected parties.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                Institute of Scrap


                                   Recycling Industries, Inc.,

                                    Washington, DC, June 15, 1999.
     Hon. Trent Lott,
     Majority Leader, U.S. Senate.
     Hon. Tom Daschle,
     Minority Leader, U.S. Senate.
     Hon. John H. Chafee,
     Chairman, Committee on Environment and Public Works.
     Hon. Max S. Baucus,
     Ranking Minority Member, Committee on Environment and Public 
         Works.
     Hon. Robert C. Smith,
     Chairman, Superfund, Waste Control, and Risk Assessment 
         Subcommittee.
     Hon. Frank R. Lautenberg,
     Ranking Minority Member, Superfund, Waste Control, and Risk 
         Assessment Subcommittee.
     Hon. Ted Stevens.
     Hon. Blanche Lincoln.
       Dear Senators Lott, Daschle, Chafee, Baucus, Smith, 
     Lautenberg, Stevens, and Lincoln: We, the undersigned 
     representatives of our respective entities, are writing to 
     express our agreement with the attached consensus recycling 
     amendment to the ``Superfund Program Completion Act of 1999'' 
     (S. 1090), and the ``Superfund Litigation Reduction and 
     Brownfield Cleanup Act of 1999'' (S. 1105). This amendment 
     has been negotiated over the last two months and reflects a 
     compromise that we find to be both reasonable and functional. 
     None of us will seek, or encourage others to seek, amendments 
     that would undermine the compromise we have reached. We are 
     satisfied with the legislative language we have labored so 
     long to craft and intend that this language be used in any 
     legislative vehicle that addresses recycling issues in either 
     House of Congress.
       In closing, we would like to thank you for your patience as 
     we worked to remove one of the longstanding obstacles to 
     meaningful Superfund reform. We are committed to working with 
     you to make Superfund reform a reality in the 106th Congress.
           Sincerely yours,
         Institute of Scrap Recycling Industries; Fort James 
           Corporation; P.H. Glatfelter Company; Wisconsin Tissue 
           Mills, Inc.; NCR Corporation; AT&T Appleton Papers 
           Inc.; Printing Industries of America; Lucent 
           Technologies.


                          amendment to s. 1090

       On page 52, strike line 12 and all that follows down 
     through line 6 on Page 53 and insert in lieu thereof the 
     following:
       ``(1) Liability clarification.--As provided in paragraphs 
     (2), (3), (4), and (5) of this subsection, a person who 
     arranged for the recycling of recyclable material or 
     transported such material shall not be liable under 
     paragraphs (3) or (4) of subsection (a) with respect to such 
     material. A determination whether or not any person shall be 
     liable under paragraph (3) or (4) of subsection (a) for any 
     transaction not covered by paragraphs (2) and (3), (4), or 
     (5) of this subsection shall be made, without regard to 
     paragraphs (2), (3), (4), and (5) of this subsection, on a 
     case-by-case basis, based on the individual facts and 
     circumstances of such transaction.
       ``(2) Recyclable material defined.--For purposes of this 
     subsection, the term `recyclable material' means--
       ``(A) scrap paper, scrap plastic, scrap glass, scrap 
     textiles, scrap rubber (other than whole tires), scrap metal, 
     or spent lead-acid, spent nickel-cadmium, and other spent 
     batteries, as well as minor amounts of material incident to 
     or adhering to the scrap materials as a result of its normal 
     and customary use prior to becoming scrap; except that such 
     term shall not include--
       ``(i) shipping containers with a capacity from 30 liters to 
     3,000 liters, whether intact or not, having any hazardous 
     substance (but not metal bits and pieces or hazardous 
     substance that form an integral part of the container 
     contained in or adhering thereto; or
       ``(ii) any item of material containing polychlorinated 
     biphenyls (PCBs) in excess of 50 parts per million (ppm) or 
     any new standard promulgated pursuant to applicable Federal 
     laws.
       On page 61, line 9, strike ``; or'' and insert in lieu 
     thereof, a period (``.'').
       On Page 61, strike lines 10 down through line 15.
       On page 62, after line 11, insert the following new sub-
     paragraph:
       ``(7) Limitations on statutory construction.--Nothing in 
     this subsection shall be construed to--
       ``(A) affect any rights, defenses, or liabilities under 
     section 107(a) of any person with respect to any transaction 
     involving any material other than a recyclable material 
     subject to paragraph (1) of this subsection; or
       ``(B) relieve a plaintiff of the burden of proof that the 
     elements of liability under section 107(a) are met under the 
     particular circumstances of any transaction for which 
     liability is alleged.''
                                  ____



                          amendment to s. 1105

       On Page 51, strike line 2 and all that follows down through 
     line 21 and insert in lieu thereof the following:
       ``(a) Liability Clarification.--As provided in subsection 
     (b), (c), (d), and (e), a person who arranged for the 
     recycling of recyclable material or transported such material 
     shall not be liable under sections 107(a)(3) and 107(a)(4) 
     with respect to such material. A determination whether or not 
     any person shall be liable under section 107(a)(3) or section 
     107(a)(4) for any transaction not covered by subsections (b) 
     and (c), (d) or (e) of this section shall be made, without 
     regard to subsections (b), (c), (d), and (e) of this section, 
     on a case-by-case basis, based on the individual facts and 
     circumstances of such transaction.
       ``(b) Recyclable Material Defined.--For purposes of this 
     section, the term `recyclable material' means--
       ``(1) scrap paper, scrap plastic, scrap glass, scrap 
     textiles, scrap rubber (other than whole tires), scrap metal, 
     or spent lead-acid, spent nickel-cadmium, and other spent 
     batteries, as well as minor amounts of material incident to 
     or adhering to the scrap material as a result of its normal 
     and customary use prior to becoming scrap; except that such 
     term shall not include--
       ``(A) shipping containers with a capacity from 30 liters to 
     3,000 liters, whether intact or not, having any hazardous 
     substance (but not metal bits and pieces or hazardous 
     substance that form an integral part of the container) 
     contained in or adhering thereto; or
       ``(B) any item of material containing polychlorinated 
     biphenyls (PCBs) in excess of 50 parts per million (ppm) or 
     any new standard promulgated pursuant to applicable Federal 
     laws.
       On Page 58, line 10, delete (``or'') and insert in lieu 
     thereof a period (``.''), and strike lines 11 through 15.
       On Page 59, delete lines 15 through 18 and insert in lieu 
     thereof the following:

[[Page 13522]]

       ``(g) Limitation on Statutory Construction.--Nothing in 
     this section shall be construed to--
       ``(1) affect any rights, defenses, or liabilities under 
     section 107(a) of any person with respect to any transaction 
     involving any material other than a recyclable material 
     subject to subsection (a) of this section; or
       ``(2) relieve a plaintiff of the burden of proof that the 
     elements of liability under section 107(a) are met under the 
     particular circumstances of any transaction for which 
     liability is alleged.''

  Mr. LOTT. The successful efforts of Congressmen Shuster and Boehlert 
demonstrate again that the recycling issue can proceed on a bipartisan 
basis and that no serious opposition to its adoption exists.
  Mr. DASCHLE. I am pleased to join majority leader in documenting that 
a compromise has been reached on the paper scrap issue. This compromise 
is especially important in light of the fact that during her recent 
testimony before the House Water Resources and Environment 
Subcommittee, the EPA Administrator repeated her support for the 
recycling provision, a version of which collected 310 House cosponsors. 
The Administrator stated that should identical language to S. 2180 show 
up again this year, the administration ``would continue to support 
it.''
  And, in answer to a question, Administrator Browner stated at the 
hearing that EPA would oppose an exemption for PCB-contaminated paper 
or materials in excess of 50 parts per million. This issue is important 
not only to EPA, but also the Department of Justice and the 
environmental community. For that reason, I am delighted that a 
compromise was found.
  Mr. LOTT. Finally, I would like to thank Mr. Phil Morris of New 
Albany, MS, a long time friend and fellow Mississippian, who, as a 
traditional recycler, has struggled with the negative aspects of 
Superfund. Phil first brought this subject to my attention and, though 
our inability to pass Superfund reform last year led to sharp increases 
in his unintended Superfund liability, I commit to him and his fellow 
recyclers that Congress will act this year to ensure that such 
unreasonable, unfair and unintended actions under Superfund will cease. 
I again thank all supporters of this provision, especially the 
distinguished minority leader for supporting this attempt to restore 
equity and fairness where it has long been missing.
  Mr. DASCHLE. As is the case with Senator Lott, my constituents have 
suffered because Superfund has been inappropriately directed at them. 
On this first anniversary of the introduction of S. 2180, it is an 
appropriate time for all Senators to commit to act on this issue.
  Mr. WARNER. As the original Senate sponsor of legislation designated 
to remove unintended Superfund hindrances to recycling, which I 
proposed for correction in the 103rd Congress, I applaud the majority 
and minority leaders for their continuing joint efforts. There is no 
more telling statement of need than to see partisan politics put aside 
in the greater public interest. Both Senators Lott and Daschle have 
demonstrated outstanding leadership in helping to assure increased 
recycling that will occur when the Superfund burden, so inappropriately 
assessed, will finally be removed.
  Mrs. LINCOLN. It was my privilege as a Member of the other body to 
introduce a bill in the 103rd Congress that would have eliminated much 
of the unintended Superfund hindrance that is limiting legitimate 
recycling.
  Now as a Senator, I am proud to stand with the majority and minority 
leaders and the distinguished senior Senator from Virginia on this 
first anniversary of the introduction of S. 2180 to ensure Superfund 
relief for recycling will be addressed in this session of the 106th 
Congress.

                          ____________________