Reducing Excessive Deadline Obligations Act Of 2013
Will the gentleman yield? I thank my colleague, my friend from Pennsylvania, for calling attention to this concern that you raised. In our open, deliberative process which we had in the markup, this was added as an amendment to the bill by…
Will the gentleman yield?
I thank my colleague, my friend from Pennsylvania, for calling attention to this concern that you raised.
In our open, deliberative process which we had in the markup, this was added as an amendment to the bill by my friends on the other side. This was prior to the President's rollout of his working group, prior to the President's stated concern about the sensitive nature of this information; and so it is one of the few times I would agree with the President that this information is very, very sensitive. So it might have been inappropriate at that time to accept this portion of the bill.
In our view, protecting this information, especially keeping it away from terrorists, is of utmost concern; and I want to assure you that this will be our guiding principle as we consider whether to include section 106 or any version of it in the final draft of the legislation.
Mr. Chairman, well, it is great to be here on the floor with my friends as we talk about moving pieces of legislation. It is unfortunate that we are no longer a debating society; we are just a statement society, whether we are going back to what is true and right in language of the bill or what is not.
Let me talk to folks about how we got to this position.
Upon becoming subcommittee chairman in the last Congress, I talked to members of my committee and staff and I said, There is no perfect piece of legislation. There is no perfect piece of law. What are some things that we can fix to make this process go better?
And it wasn't just our ideas; we went to the States. The States have a huge responsibility. And I think if people watched the body of information of what is coming out of our committee, we have given a lot of deference to the States because they are the ones who live closest to these locations. So we bring in the Council of the States, the Environmental Council of the States and all the stakeholders and we say, What is it about the Federal law that drives you crazy and if we fixed it would make your life better? Hence, these three pieces of legislation that have been rolled into one bill to make it to the floor.
The Reducing Excessive Deadline Obligations Act, it allows the EPA to review regulations on solid waste disposal only when necessary. You know what the law says; regardless if the law works or not, you have to review it every 3 years. And you know what happens when that law is in there; regardless if it works, regardless if there are no complaints, you have to review it. So that is ripe for litigation. You don't do it within the time line, whether you need to or not, let's sue and settle. Let's do something.
So all we are saying is, if the law works, if the regulations are good, if there are no complaints, don't have an automatic time line of having to review it in 3 years. The States said, Yes, we would like that because we are spending more time.
Part of the problem with the Superfund is huge amounts of money go to
litigation. Surprise, surprise. We want to get money away from litigation to remediation. That is all we are trying to do.
The bill also requires EPA, prior to developing new financial responsibility requirements--and that is the key. What is a financial responsibility requirement? What do you have to have available if you are going to do this site and in case something goes wrong and you need cleanup? What are the financial requirements? What is the bonding you need? All we are saying is don't change the rules. And if you are going to change the rules for financial bonding while the process and the site is being operated, wouldn't it be good to talk to the States and let people know that the Federal Government is going to change the rules in the operation of a new site? The States said, Good idea. You ought to look at that.
One other part of the bill is the Federal and State Partnership for Environmental Protection Act of 2013, which requires the EPA to consult with States when undergoing a removal action. So usually what happens at a Superfund site, the Federal Government gets involved. They are going to help do the majority of the cleanup. But guess who has the long-term observation and administration costs of the site? The States do. All we are saying is, if we are going to start to remediate in a State, let's have the State sit down and work with the EPA so the State knows its long-term costs. Pretty simple.
And the last one, which I always find pretty amazing that my friends on the other side are arguing about, protecting the Federal Government to pollute. All we are saying is, when the Federal Government has polluted a site, the Federal Government ought to clean it up. We make everyone else do it. We hold everyone else responsible. But no, if the Federal Government has polluted, we give them immunity. Sovereign immunity. They don't have to do anything. So this law says that it is about time the Federal Government comply with the same laws that States do and other individuals do.
This is a position my colleagues have had for many, many years. And of all the portions of this bill that I thought that they would be all for is moving this position that the Federal Government should comply with the same laws as everyone else does. And for my colleagues on the other side to protect governmental polluters I just find is unbelievable.
So the process was good. We had hearings. We had markups. We had amendments agreed to. I am proud of my colleagues in bringing these bills to the floor. I am glad of the participation by the States, and I look forward to the moving of the bill.