Mr. Chairman, I appreciate the gentleman's courtesy and leadership here on the floor. When I first heard that we were going to be dealing with Superfund reforms and modifications, I was originally encouraged. I have been working with these…
Mr. Chairman, I appreciate the gentleman's courtesy and leadership here on the floor.
When I first heard that we were going to be dealing with Superfund reforms and modifications, I was originally encouraged. I have been working with these issues on the Federal level, and before that, for almost 20 years, as a local official dealing with the problems of pollution in Superfund sites. I know that there are many challenges to the
process and that it is chronically and dramatically underfunded. It is complex and cumbersome. Many of the participants are not fully equipped to be able to manage it. We have learned a little bit in the almost 30 years since the legislation was passed, but I am sad to say I was very disappointed because, rather than dealing in a thoughtful, bipartisan way to try and refine the process, we are actually taking a step backward.
This bill would water down the requirements and provide fewer dollars, blurring lines of responsibility. This is not going to help. The Superfund tax expired in 1995. Since then, we have been shifting the burden away from the petrochemical industry that created these problems in the main, shifting it to the general fund taxpayer, a scarce and dwindling supply.
This isn't going to move away from litigation; it is going to make it more likely, if it were enacted, by confusing people. Changing the rules that people have operated under is not going to be helpful; it is going to slow it down further.
I am deeply concerned that the Department of Defense has not fully met its obligation as the largest generator of Superfund sites in the United States. I have been on this floor repeatedly attempting to work through the budget process and the authorization process for us to step up and do right by people.
I have got a harbor that was the staging area for three wars, and a significant amount of the pollution there that we are dealing with is as a result of that Defense Department operation. But what we are doing here would, according to the Department of Defense, disrupt the national priority scheme in which the most contaminated Federal sites are cleaned up first. It would increase litigation, delay cleanup, and waste already limited resources.
Now, by pretending that somehow the State government is going to take the lead and compel Federal agencies to do things that may in fact be contrary to Federal law is not going to speed this process further. It is not going to make it easier. It is going to continue what is the problem. People today dig in their heels.
We haven't actually moved forward to try to work carefully, to thoughtfully, in a bipartisan session, refine it. We are going ahead and trying to superimpose on top of it things that will undercut that effort.
Now, I am critical of what the Federal Government has done in some areas, but as a practical matter, local governments, by failure to zone, plan, regulate, and exercise oversight, have often been responsible for many of these problems. And they have, in the main, not stepped up and been aggressive with the strictest of standards. This would superimpose what are potentially less rigorous or, in fact, no local standards, be able to cost shift to the Federal Government without any interest in providing the resources for the Federal Government to do so.
I would hope that our friends, if they are sincere, would spend time with people who are in the trenches and look for ways in a bipartisan, thoughtful way to refine the Superfund program so that, in the spirit of what originally created the legislation, we can do something that will do better by our constituents, better by the environment, and better by the taxpayer.