4

danger In the New York Times of No- will '3e Of such enormous SCODe and %em1ber 18, 1965 . a number Of SLate of- sAeeo and arnount that trIe :OCAW Un :tS ficials including those from the State ~)f go%ernment will not be :Loie '0 Jeai

of Connecticut and a number of other with itStates. said that they feel that this The CHAIRMAN . The time of 'he

number is probably too high and prob- gentleman from Michigan .%fr Dix

ably Will Strain the ability of the ad- ;ELL] has expired .

ministrative agencies of the several %Ir D114GELL Mr Chairman I 3-sk

States to respond . unanimous consent t-o proceed tor 2

The CHAIRMAN The time of the additional minutes.

gentleman from Michigan (Mr. Dim- The CHAIRMAN. Is there objection

rELLI has again expired. to the request of the gentleman from

,On request of Mr. Rtrrzn and by Michigan'

unanimous consent . Mr. DiteGat, was Mr. WAXMAN. Mr. Chairman. re

allowed to proceed for 2 addUional serving the right to object . may I inminutes.) quire Whether we have a time :~rni c

Mr. DINGELL I yield to the gentle- under which we are opiemEing. because

man from Pennsylvania [Mr. Rlrrn). some of us would like to speak . and it

Mr. RITTER. I thank the gentle- we have continuous renewal of time

man . for people who are speaking. we will

I think the maJor thing wrong with nin out of time . May I inquire of the

this amendment is that it is a Clean chairman of the committee '

Air Act amendment or Clean Air Act Mr. DINGELL Mr. Chairman . will

jurisdiction . We are dealing with the the gentleman yield'

Superfund bill whose .

I hope . main re- Mr. WAJICMAN. I yield to the gentlesponsibility is to clean up hazardous man from Michigan .

waste dumps . Here we are talking Mr. DINGELL This is the last time.

about a hotly debated issue of section I will observe I sm trying to help the

112 of the Clean Air Act- The universe. gentleman.

given this language . is enormous. To Mr. WAJCMAX . Well . I do not oeshow you how enormous it is. it would lieve we are on the same side of the

Include your Thanksgiving dinner Lsisue. and I would like to express my

menu which was produced by the point of view.

American Council of Science on Mr. DINGELL That is why I am

Health. trying so hard.

Mr. WAJOdAN. As long as we will

02223 have an Opportunity to present the

And it has things Uke hydrazine in other side. I have no objectionyour cream of mushroom soup. and It The CHAIRM.AN . In response to the

has berizopyrene in Your otives . and gentleman's question. and for the inthe list goes on and on . Roast turkeY formation of the Committee . there is I

with gravy has methyl glyozall. hour and 3 minute& or 65 minutes o f

I think the point made here is that debate re--'nLng on the 90-minute

the language that SAYL "relftsed Into time limit on title 111 .

the environment In any amount" Mr. WAJM(A.N . On the whole title?

simply does not have meaning for pro- The CHAIRMAN . On the whole

tection of public health because any title.

amount of these substances may have Mr. WA324". 'lot just thLs &mendnegiligible or mewLingless effect or no ment ?

effect whatsoever on humaxi health The CHAIRMAN. No . sir.

and the environment. Is there objection to the request of

Some of thew substances are AJI- the gentleman from Michigan ?

ready regulated by OSHA in an en- There was no objection.

closed Place. in the workplace . The CRAMMAN. The gentleman

Mr. DINGsn-f- Under OSHA? from Michigan (Mr. Diwc=l u; recogMr nized for 2 additional minutes.

. RrrT=. Under OSHA.

Mr Mr. DINGELL Mr. Chairman . the . DINGELL Litt me just concur In EPA Published

a list of 403 toxic the gentleman's comments . The pur- chemicals. This is what Charles J. Zie- Pon of the bill as drawn Is to enable -In4it' an offIciLI of the Connecticut response to emergencies. What thas State Department of Environmental amendment wW do wtll be clog

mill with monstrous amount@ of the Protection. Says about having such a data. large number of Items on the list- The or perhaps even informaltion. which

1A
p. 2

4 19 9

November Ia. 1983 . New York Times were spewing ~nordinai;e amounts ~)f

article says tIlLia: dioxin on trie !and. M the air. and into

State OfrkiLjs my they art concerned thalt the TItLabawLssee River in %ficnig&n.

the high nUMber Of CnewiCLLN On the list on which they front.

will Overwhelin local resources in -king The Dow Chemical CO not only reout the most Unportant ML fused to 91;e irformltlOn on how

Then Mr. ZlemLnskt is quoted: " -We much dioxin was contLnuously being

just don't think we can 90 to LU 163 released to the citizens of the low-n

towns In Connecticut and provide help and the worKers. but they refused to

to each of them~ saild Charles J . Zle . let the EPA come onto that land and

min3ki .in officLLI In the State's De- measure the dioxui on the land and

partment of Environmental Priotec- measure the dioxin which was bemir

tion." spewed into the Tlttabawssee River on

Now If you want to control these an hourly. daily . weekly . and monthly

substances, let us not control them In basis.

a hiastfly driafted floor amendment. Now. the citLzens of Midland . ?&I.

Let us deal with this Issue U It P&rt Of had good reason to believe that dloxLn

a

program which wW control these was suspected of causing cancer. bu-th

substances In & thoughfull. responsible defects . and other serious heLitri hLzway. because the conseqUemft =Y be Lrds. They knew from the nightly TV

totally beyond what we know. both in coverage that members of the Energy

term of cost and irritation to public and Commerce Committee and other

officials and to businessimen. and It comnuttees in Wasnington %ere promay also so thorougnlY clog the mills vidLng. that dioxin was a serious

that when you get a res.1 problem health hazard. They were agonizing

which requires an emergency re- over their continuing exposure to

sponse . the local response and emer- dioxLn .

gency people will be so clogged with C 103 5

information and data that they will Veterwas Lround the country were

not be able to respond . agonizing over their exposure to Mir. Chairmazit, I would for that dioxin that they were subject to in reason urge that this matter be set their service in Vletnam.

aside

to

some tater time when It can be But the residents of Midland. IdI dealt with more responsibly Lfter we had no way of finding out whether the get better facts and better information Dow ChemicL1 Co . was exposing them so that we can have a better piece of to either aurborne or waterborne legislation rather than an enthusiastic dioxin emission&

plethora of Information that Is simply In the end . of course, the informs- going to drown the system. tion did surface. and the coverup did Mr. SCHEUE3t. Mr. Chairman. I

not succeed . But it did cost Midland. move to strike the requisite number of MI. the citizens of that town. a grelL words . and I rise in Support Of the deal of time. money . paLn and suffer- amendment . ing.

(Mr. SCHLUER asked and was given Now. I think th&t we would all be- permisiallon to revise and extend hu ; re. lieve that the residents of %Udland. MI marks.) were ill-served by govermnent at tne

The CHAIRMAN . The gentleman Federal. State and local level, and from New York [Mr. SCIMCRI is rec- they suffered unneceuary trauma. un- ognized for 5 minutes. necessary anxiety. Mr. SCHXUER . Mr. Chau7n&n. I wtu If you would not like to see your not use the 5 minutes .

I

know the constituents abused suld if you would hour is late. and we have heLrd a

lot not like to see your constituents of argumentation an both sides of this denied essential knowledge that had Issue. devastating implications to their

L,et me give the Members a

real- he<h and the health of their kids . world example of the kind of catastrophe this mendment could avoid It the health of their unbom children . I

passed. Three ye&M ago the Subcom- hope you will pass this amendment .

mittee on NaturLI ReSoUrcel. ASriCUI- Mr. FWRIO. Mr. ChaLrMaXL will

turisi Research and Knvtronment of the gentleman Yield)

the Science and Technology Commit- Mr. SCHEUER. Of course. I am detee. which I chair. held an trivestidli, lighted to yield to the gentleman from

tion of the Dow Chemical CO. In Mid- New Jersey .

land. ML and the prospect that they Mr. IFLORIO. Mr. Chairman. I

75-9M 0-90-21
p.

4200

thank the gent.leman for yielding. DGS&i that Ls before us SAYS that we axe

Mr. Chiurmwi. I thInk it is impor. i0ing to have an inventory of b&rrjjr-.4j

tant to set in perspective What the SUMSt&nces. but only those humfuj

rIght-to-know section of this bill is de- subst4nces that Ire considered ex

signed to do . Irerneiy toxic, so that narrows tbe

I heard reference made to section field very . very narrowly, S40 only cer.

112 of the Clean Air Act. That is not tain toxics will be On an inventory and what we are talking about. tneDUblfC Would then 1LnOW they are

In pan. the failure of the Clean Air oetrig emosed to them .

Act is to deal w1th hazardous air pol- Now. the gentleman from Delaware

lutanta. life- threatening contsiminanw, 1,Vr CAR-PEFt I in a few minutes is go"

Lit what prompts this whole new initia- to try to citband that to 'include other

tive of the right to know . acute substances. An acute subV411ce

Reference was also made to the is one that causes Immediate danger to

emergency response capability func- health .

tion of this bill . a very Important func- qOw. we have what are mlled chran~

tion of the bW. But It is not the excku . ic hmardous subscam(!% and those are

sive function of the bill . One does not sub3t&nCe5 that cause cancer. birth deneed an emergency response for a fects . leulternia. serious probients, but

Chronic contaunmarit; one needs It for nevertheless . you do riot s" the

an acute contaminant . But there is a impact of them unmedistely .

very important function to be served Thw amendment that L% before us .

by our long-term emission data records the Edgar-Sikovz;tj amendment, would

that we are gotrig to keep to let the Say trLAt if yOU are going to have an incommunity ILnow that we get inform&- ventory and let the public lLnow what

tion &3 to annual emissions of chronic they are being exposed to, they ought

aa well as acute cont&mLruLnt& And to know What chronic hazArds they

that is what the gentleman's amend- are beind exposed to .

ment is going to do . These am very dangerow chernica",

I would represent by virtue of such as diom PCB*a. chloroform .

coming from a State that has this formiddehIrde. EDO. We would not

system It has not resulted Ul peat even have InformeLlon about those

mama of paperwork . it has not result . PartleoW hazardous substancm under

ed in oppression of 3znLII business this Provldlon in the bdl that is befowe

people: it is something that is Impor- UL

=t and it Is something that the other 80 tblo amendment In needed so that

body has Included In its version of this we "%LU? have a cIttien's ngbt to the

bill. and I would "it your support for Information. Union Our cause= know

it. they are being exposed to these danj,

The CHAnU4UN . The time of the gtra. LhitY do not Irnow they are Ukety

gentleman from New Yort (Mr. to M cancer.

ScKarn) has expired. The CHALRA"K. The time of the

(At the request of Mr. WAZXAX . and gentiemais fram New Yorit (Mr.

by tizanimous, consent. Mr. Scx=cn ScHgaul has %exin expired.

was Lilowed to proceed for 2 additional (At the request of Mr, WAX3"8. and

minutes.) by unanimaw conowt~ Mr. Scuxvm

Mr. SCHLUM. Mr. ChLirmart. you was Lllowed to Proceed (of I addilionai

can refer to m&utve amounts of paper- rwnut*-)

work or you can refer to the distrlbd- Mr. WAJMIAN. Mr. Chaarnsain. will

tion of eseentlial Wormation that Citi- the gentleman yield furthee

zens need to protect their health . t Mr. SCOLVISIL ToL I yield to the

guess It Is any Man's Calling . gentlemsm

Mr. WAXXAN. Mr. Chairman. will Air. WA324AN. The theory of all

this. Mr. Chairman, and when they the gentleman yield? know the theory. they are going to my

Mr. SCREUXIL I sm. happy to yield to the Goverrunent. "We now know we to the gentleman from CaiifornliL are being exposed go these basiard .L Mr. WA33L&N. Mr. Chairman. I We wan& you to rogulaW so thAt we thaink the gentleman for yielding. are proxacted."

Let me see if t can put this whole Now. really. lait us understsod what

inue In perspective. ingoing OIL We are not even regulated.

We want to have a citizens' right to We Ift QnL7 gains to g" an Lovetmory

know what they Lre being exposed to so that people sin know whAL-rds

that is harmful to them and the pro- they an being exposed to.
p. 4

120 1

We bear reference to sectlon 112 of amparibes that would b e

the Clean Air Act. That Is the sect" it clearly a within the 4Lc",.ion

that protects the public from bwwd.

tne AdMirustrato r

ouj pollutants in the air. Out of the The parade of horribles that to

hundreds and m&ybe thousands of demcnbed to US With regard *,o ChrOnw

cbernicals. do you "w how tn&Ay the is already in the bill wit h

EPA has regulated IV 13 years? SIX . acute chemicals.

Are we going to say that is protectIon Mr. RITTER . %Ir Cha~rmin .

for the public* the gentleman yield furtner on

We am not even "kirill for reguls. point?

tton in this amendment. only that the Mr. SCREUER. Yes . I ~ietd to I!!,

inventory be Complete to rTfIeCt these gentleman .

chronbe h ,

that cause cancer. Mr. Rll=. Mr Chatr-ran. 'herbirth defects . and leulteints. It is & re- really is a difference between Lc%ne

sponsLble amendment and I would Lnd chronic.

u.rge its adoption . Now. I triow this is all IL response ' .3

Ar, CHAMMAN. The time of the the Bhopal disaster and . yes . rnetn-l

gentleman from New York (Mr. LsocyLnate vnll be One 0, the zcute~'

ScHtuEn] has again exPuled. but the fact remitins there 7!Ls rle.~ r

I At the request of Mr. RzTTza. Lad been a drop of dlOxlrL It '~s I =%ce e .e

by unanimous consent. Mr. ScHturm ment occurring in parts per million or

Was allowed to proceed for I

additional parts per billion.

Minute.) Asa Matter of fact. wnlie d!Oxl.l ts

Mr. RITTM Mr. Chsirmsin. will very toxic to anim" tne .'-niLUe be

Ls no t

.he gentleman yield for a

question? tween diorrn arrJ human hea .,, n

M.r . SCHEUER . Yes. I

yield to the u solid as the linkage between aloxn

gentleman from PennsylvardiL and certain LnimLl rmP&ct

,

tut Lf-,f 1',

Mr. RITTER. Mr. ChLuman. in the is deemed. if & substance 3 Jeeme d

language on pace 279 . line L8 It says.

acutely toxic and has Uie tatpsct on

in any Lmiount." immediate degradation of human

Before we inventory theme sub- heLlth. it will be covered by what vie

stances, do we have any Idea whether are doing here.

it is I part per trillion that is gOLhS W We are tryuIS w resl>ond to those

be inventoried that will be an ema- substances which are acutely toxic.

sion. or I Part per billion. Or I

Part Per but the Universe covered by those suoindlion. or how would that be deftned9 stances suspected of causing cancer o r

Mr. SCILMER. Some of them toxic suspected of Causing birth defecL&

substanceS are incredibly letha in in- goes way beyond the acute.

flniteiurnxi amounts Lad our ability to The CHAIRMA.K. The time of the

measure now does go up into & Small gentleman from New Yorx ~Mrnumber of parts per trillion. ScmcuzRj has again expired.

I can suggest to the gentlem&n tbal (At the request of Mr. FLoalo . and

one drop of dioxin in &a OtYmPic-stwd by unanimous consent. Mr. ScHxv=

swunming pool makes it lfthzi for %w allowed to proceed for 1 Ldait,onal

hvLrW thirilla. minute. )

Mr. SIKORSKL Mr. Chaumawn, will Mr. FLORIO. Mr. Chairman . will

the gentleman yield? the gentleman yield?

Kr. SCHEUER. I yMd to the gentle- Mr. SCHEVER .I yield to the gent :eman from Minnesota. man from New Jersey.

Mr. SIKORSKL Mr. Chairman. I Mr. FLORIO. Kr. Clhairm&n, I

thank the gentlesman for MW". thLnkL the gentlemUl for yielding .

In response to the quegUm of the Just to respond too the gentleman

gentleman from PmrillylvLaim, Uld the from Per=yV6*LnlL. the void that ts

other taft th" we have heard tonight. not filled tn this ScLn&MC is that unless

fiM of all the Ulrellbold dbacretion by we have this amendment, we can have

the EPA AdminixMistar clearly t&k- annual emkolons out of S smokestack .

care of any UDd of concern with out of a facility involving vinyl chloregard to amounL ride. PCS, dioxin . asbestos. and no on e

SeCOM4 the ower%U dimcretJon th" is required to repbrt that that inforthe bill ham writUm an acuPA chemi- mation is avWlable to the people La

cals, uld tt wimold apply to chronic the town that it Is betng injected into

chemle" osare than takes cam Of their Wr. so the gentlemari 3 obaer%~&-

any kind alf burdensome numbera; ce tiors about scirte reWrCIM are mr-

.-A-b. or particular indtirlduialm or rect

.
p. 5

4202

The deffelencY to that thronic can- Acute and chronic . that &re rp!,asea

tanurtants that am equally " danger- into the environment hour after hoijr .

ous, orilly not = cnilicko perceptAble as cla~ after day . year aft~,r Ytar Tli,y

being dangerous. am acK gotrig to be hate a right o know wriere ,he

reported under the bjU u it is con- 31range odors are coming from They

talned now. hate a right to know ~hat tox:c

Under the gentleman's amendment. chemicals are mixed in the ~oil tneir

it wf1l. make the charge . kidsplay on and 1.hey have A rizht to

I thsink the gentleman for yielding. know whal: poisonous rMernicals are

Mr. SIKOP-Sm . Mr. CILILLIMIUMIA. I contaminating their drinking %& ate r

move to strike the requisite numbe at Now . despite a section 112 in '.he

words. Clean Air Act that the EPI sa%s does

(Mr. SIXORSmI asked and Was; iot even apply to inethyl i~oc~anate .

given permission to revise Lad extend the chernical in Bhopal. de~vite t*.%o

his remarks.) decades of environmental rewilation

Mr. SrKOP-SKI. Mr. CbAirman. the oi toxic substances . despitc thousands

focus of soose of the 41--ion has of files of accumulated data About

been on emergency p1sianine. LAIL - them . despite thousands of cases of

can your attention to the fact tbAt brain cancer. liter cancer . Iting canrer.

Title III wbJcb is belzig smetuiled St blood cancer. a~.be,tos and birth dethis stage is called Emergency Plan- fects . despite 211 this . we ititt c2ruiot

ning and Community Ri-ht to NEDOW . Priswer buic questions about e%er% the

community right to kinow onesuss WAL most common and deadly tox!e ctLemi

that. It makes sense. cals.

We are but an* Abort Year ErOM First. which chernicRis are be~ng proshopaL India. A leaky storage tork. duced and in xhat quantities' How

an eAriy mornum emergency. am one much is being shipped off as commerio,-rn&Ust out Lt. a Pau of WWII& arooke cial product and how mt ;ch i. being

that jigirsad with the wind. polsioning lost in the manufacturing or transporhuman belings as if tbAy We" Losectill. tation process? How much is spilled or

over 2.000 people died. over NO.WO released into our waters. our air and

people waft maimed or WurwL our land?

Bhopal was In India. but it was an Good questions. Your

'

-onstituents

Amorican company operaLtaig In a rep- probably have a personal inarnate mlica of an American Plan& Lerest in the answer to thozc quesIn America today. 60 .000 cbenslicalS (lens.

am produced in over ILNG communil- Yet this bill. Hn. 2817 . as drafted.

ties and last yew monst we h&d 5.700 actually prohibit.3 the Ent IfORMCM11

toxk hexaiW accidenta . Protection Agency from ans%ering

we know uk" tim Mist asoodty of those questions for your constituents .

dangerous exposure to hamiardous Ab drafted. it prohibits inclusion of

citemicaLs is through lone-term . rou- LhCst chemicals -Ahich pose a chronic

tine or regular releas4m . not the dria- health hazard to human liealth on

matic Bhopal kinds of incidents . The this list of suostances covered by the

effect of exposure to these chemicaLs eimssions data requirements. While

is not discernible overnight. Tlie providing information on emission of a

cormes are not in the streets . The few acute chemical hazarru. chronic

corpses are waiting in American hotpi- chernicals would be exempted from

tats. not on Indian streets. American coverage.

hospices . They come from American Would they be a few cre :tnis, a few

playgrounds . They come from Ameri- solutions that are ridiculous' Of

can blue-collar factories. They coine course not.

from American nur%ing homes. Asbestos, a suspected carcinciiien. no.

we are talking atiotit chemicabi that- it has not been proven beyond a reAare silent killers. slowly wielding their ~onable doubt that It is a carcinogen .

itthat axe over years and years Of ex- but a suspected carcinogen for 25

m.-ure. years.

The millions of Americans in thou- C 2250

sands of neighborhoods. your ricighborhoods . exposed to toxic chemicaLs, Toluene, another suspected carcinovour constituents and your neichbor- gen .

~.oods. have a fundamental right to Dioxin. Tell the people in Times

know about the hazardous chemicals. Reach that they do not have any probo 5
p. 6

'21) 3

,rn , ith d1o " In fac,

rCl3 s . ,% jusp, cted carcinogen . not a L" !I, , and

~)rn-.en carcinogen .

i in irnrin tit rin,

Ge ;IZcTI, . 1,11ited to leukerrila .

Thi-re ts ~jrnuly no n .6son to dr3% in has

arni~rary dist inct ton bct-A cen a riat Aze ,,Ilc,r

;cme Ueople csill acute . Other peopte !)a_n1c a,on for .n ;s nat ,'o o,

all r~,ronic c'nemiCAIS . when these Kno~ more than we PcnOA O~ orne-s

,au,c canc~r, birth defects. and other magnitude about ,,na~ auses ~kr r

ine. ~errn problems It is like outlaw- This socIety. according to rje q,i7~

ing hand grenades bprause they are man from Nfinnesiota s iro%r :r.q n I

,Ianzrrous . bur sa~trlg that actnated ca w cne.rnicai rarc :ror-rLS

!im- bo-nriz ir,okak* -1hat !S aOSOWLeiv 1 :c! :c,,jO,jS

F,)r this retson. the gentleman from LaLerner :s from the gentlenan r-rn

Ppntis~l%anii fMr EDGARI incl I

are of- Minnesoca. P~ignecl -.a ira,. lm!p 4 :

fering an amendment which will Out of Our L-orsci~uenLs Ind ), I

,,,(r)ar,d I he list of co%rred chemicals to some o! i Ile Memaers are patent

.,

inrilurle chronic chernIcalS . the ;tCtIVZL . ic;entific . antimea,cal. ~ef-. ne 7.., :

-I Iiine homb . as %ell as the grenades . 't'jows :nat the carcer ana

The question conics down to this

: COMMLAJ`Iil~ and Lite ;c ont :fic

Yuu do not need speculation and a na~ ha,e n~en coming

p -A .tn

bunch of parades of horriblefi. The FranKIV the am~MCMI'ni

.

Quest6crit becomes . if you believe Your len to a bill 4tiirh t~ I 41)K .101~

constitutinui in the communities in Suoerfurd naLardo"s 3 .,Le it,

,'our area have a right to know of LIP Pill .naL is nct ~r- -rcrm

(ancer-c ;1using chemical releases

. vote 'ri,nious; and rreie,an t

I

ves * If you do not think they have %It

. WAXIMAN NIr C~-i.r7iar.

,he rirtit to know

. go ahead and %ote the gentleman yield Lo re l

no

. NET RITTER. I ;c,C to ~hti qentIf yon think they ha%e the right to man from California

.

know about mutation and birth-defect Mr

. WAXMAN. I think

cAusEng chemicais . vote "yes ." If

you man for ,telding.

think they should not. vote *'no.' *

If you think tliey ha%e the right to Mr Chairman

. EPA savs ~t,.ere 17e

know about kidneys . liver or respira- some

2 .000 people cl~ing annia,i, !l*:)m

tory cluease criernicaLs and the release chronic cxposure to dangerOLS chenii .

in thcir communities, vote "yes." If

cats in Lne air.

~ou think they should not have the As to this question

Of Ahat :imit.

rigift . vote "no ." what minute amounts are going ~o

Mr. RIZTER . Mr. Chairman . I

move have to be reported.

I mould refer !~e

co strike the requisite number of gentleman to the bill that Ls before

words

. It says.

Mr. Chairman . according to the gen- ThresAold for Reborur g

tleman from Minnesota. we should At the Lime a suo,mrce s !oted --itr

ban Tliiankiigitini

; dinner because the this Stiblection, the Adm .nsirILLor ira . .

exposure-and that is really establish a 2 Month C_nr_

.aL .-

the amount 'Or each substance 'or

bottom line-the exposure of people to he reocrtuia require

~. .en~s of

hazardous substances and toxic cheml. [ion.

cats depends upon how maii they are So

. ob%tously . EPA s not going jo

excused to . The facit remains that the live frivolous reporting to tnEm

subst :linces the gentleman is talking Mr

. RI=R. If I may rec~aim rry

about . when It comes to the need to time

]USE on the point :ne jent:ernan

r,-gulate some of these substances in

Imade, the 2 .000 deithis tnIL EPA -s

the workplace . they are regulated

. talking about from air Pollution e,,poBut the question then becomes

: sure is clue not to emusistions from rte- e

What are the amounts that are

.being corporREe Point sources but is z : :p

emitted and what does the data mean? largely

to combustion eMLS.Sion . it s

What its the gathering of all

this datiL clue to the general automobile cornnus

whether it Es a part per billion or a

Lion . fireplace emissions . and t!lat is

part per trillion? What does it all

the background leiiet of air potiuL oj

fri What does it mean when the which

. in terms of orders of rnawriiamounts of similar chemicals in our lude

. is fair. far more serious than the

daily diet exceed by

4 orders of magnii- kinds of emissions aind expobures .

Lucie the exposure that these people Again

. the key ts exposure . It is -lot
p.

1 "a( rornes " ff It Is ~ri&L the peopie port the hystertcoil hypothesis of th e

are P , closed lo gentleman from lidtiruiescits.

M r W AX M A N If lhe gentleman soilr. CARPEIL Mr. Chairman . I ,w in

Aill 'Yield further to me . the EPA has Rupoport of the someiidmient.

,a,d ~t is both large and small sources I rose, to commend Mr. FOGA9 and Mor "

th~se pollutants that cause Cancer. Siisoa :sal for rectifying an oves-olght in the

'We do not oinow. That is Any 7-e hill's 1"rusge on extremely wile sub.

Ougnt to have an inventory of the~e iace4. I'm not Aurv we claim to address

chronic chemicals in the air and other the very real right of out citisens to know

sources. so that we Can itnOw 4 nat we -hat haxiorditsoui subsolaroces are being mare being exposed to . Ivissed into thers, envitromment and yet

Mr RITTER . Mr. Chairman . if Iignore those substances *hoch are Careino-

-,r.ay reclaim r-ly time Jtist on that gcnic or pnme other long term health

point . it the gentleman . as he says . threats. This bill. as %ritten, apparently

does not know about the EPA numb(-r Jeso juox that.

And %khere it comes from . then the Though this amendment Is imple. it us.

gentleman should not blame it on the norietheleolL jW to the prooliection of our

air emissions that are currently under citizens who live in the viictnay of chemical

a,qcu!sion on this amendment . rx.-ilium The must remarkable re~eistmn I

Mr. WAXNfA.N It the gentleman have load since I bees" to work an the corn-

~ield to me further, the EPA says munity-richt-to-know issue is that many

in their 6-crtanth study that some 2 .000 citizens have no idea -hat chemical ,,ooks

people die arinuallY from chronic ex . lhev face in Lheqr communit" Moreover .

posure to dangerous chemicals In the EPA . .4toote and lucaj oluthanuir, have no

zir. and the gentleman is submitting coeorJinated mechanism (or idit"u .'Nmil this

that he thinU that is from &ULOMO- risk . As a result. we cannot orsen say with

certainty how muck hazardous mozieriali to bites . being discharged into is= environment I am telling the gentleman it is from

all sources. including these chemical from a partsculdir facility, much less Metionoside . plants

The CHAIRMAN . Thisbill Laket a significant step in recog .. The time of the

gentleman from PerinsYlvainla (Mr . nixing that there .6 a steed to tort a handle

RmrR) has expired. on the emissiotion 0( acw&iy hazartious mosteBefore the gentleman requests addl- rials. Unfortunately . those Sore Mine the Onl y

tionlil time. the Chair will advise the suboollances which require ~ att-oltion .

committee that tinder title III there TWit point is hammered home every day 'A

has been & Unanimous consent agree- our cummunstairs.

ment to limit debate on title III LO 90 For yeam the citizens of Delaware City .

minutes . As of this time. there am 41 BE, we" unaware that a company ON the

of those minutes remaining for 114.1 outskirts of their town was discharging

other amendments that will be offered tons of the powerful carcinogen . vinyl chloto title III. So the Chair would advise rid*. jot* their atmossishere . Indeed, over 41

the Members to keep that in mind as tons of this extremely hissairdiouss material

we continue to consider this amend- were discharged between I"I and 1984.

ment Ind future amendments. Unfortunately. we stay 001 know (he it](YeVIL

%jr. RETTER. I tharilt the Chair for of this chronic discharge an the local cluhis words Of advice and I

will heed lieng for years. or *van decadea . The EPA

has determined that this sull"Aince Is ex .

them. tremely hazardous to human health. end t8y unanimous consent. Mr. Rrrrim

was Lucived ta proceed for I

additional yet this substance would bit exonsolowd from

coverage under this bill. Also exempted by minute

Mr .) the bill are benzene. asbestos wood PCB' L. RI=R. Mr. Chairman.

would Wile to point out that the W

I Thopolielk acutely toxic sitioluiliances such 411

pollution figures that EPA MIC, which tripled a" *set 2.11011oll people

is coming and injured move than 200.000 in 81VOINILL up sinth . first of all. psile In compari-siOn

lanth what we do to ourselves by pol- India. have the alsifity to get considerableluting the air by smoking . but by and and dirservied-attevition. the aftsvilitioull And

large . we had hearings on this. the subdo nature of cooricisiologenso in our evivironment call* Out for issual . if not greater.

large percentage by far are a

very wide Motivational from ejuse" had public health variety of area pollutiOn. sOurcm nOt I alishcongly svP- these particular souIrces which - at offlocials. For this savants.

pert " awmWoonL and Otte my ew- st.like here.

leagoseal to do lilsorwissit. So the data is very. very thin to sup* The CHAIRMAN. The question is on
p. 8

420 5

he arriendMent, Offered by the genLle~ .3 man from Pennsylvsxu& (Mr . Egicajt y

The question was Laken . and the And-. F-del 1 .

ChLLM&n announced th" the noes A-" I"Ijn"a

appeared to have It. Badhazi C_' .

RAMIllbrD VO-M G-.

sai,uIo -K~Ich P- %ir EDGAR. Mr. Chairman. r 0"or" F'--.

demand a recorded voLe.

A recorded vote was ordered. B.'U Kame.

The vote was Laken by electronic 801'"L. R.u,n,r R.,

device. and there were-ayes 183 . noes 901.7 NefRourter Firciaori q L66 . not voting 85 . &a fo!lows :

Ile- Henry R-.

(Roll No . 4341 8,-u H11- K'.-

A YTZ-193 =-Col H'trogim R

am "', H-W,

Ackr-Iu, E.,iy Kleclan. sq~n'IN I S .I.La R do AldcIMon E'llart 10H) Kouer B-- Hyde -, I-(., Antriony Edear Kcatmay- C .'~adiajn I-and ~kn- Apo saLe Ed-lrdo I CA) Litatoo CIi-Iry Johnson

Fra"Wri L-h I IA I J.- NC) ~n .- A :Co .r. I' [Li Lnman, FL) CrUL.C11 . Jones - 7N )

rn.. r1r.'i E.L&nd Chillim- K-h

arnm ftemil Le"n I Id 1) Chitagwil KInW- Skl-n 21.9ft "a' Uoumal Ch"o. K.lW

Beatu NIS"" Lory I WA) Coa. K- . . . . . . .

EWI.Injout Fulft M-Kay C.oey L"onowunII.no

S'nnevt Florid Manton C.W . LAtta

sermark FlorlietLa ""to? Cortho Leath IT'X)

S

apdrutril IIIII MALVA Coleman i rX) L&rU311iIn -CAI S 13oiano Ford cm) Maw"Was C..ftoa L-t

110"Id" I MD

Power 'IC41004. Cooo,tr L... F-L, z~-ut

BB."er Pranxi cCurdy .nial C..M ., :_&jMt ._t It- 11

Gaidas McGrath Cra's Ljnewri ~t- Ell GIc-dfrudial KC11.4ft C_

aculch .r C;LmAn 1011 :1todall Danuri L.aen so . . . 0Iceman

.'

.=;CA' Dann-eyrr Lnwm 3, It C.G"UW VIA) D,,,.Iti L.Agre. 5__

:r-ye Gordon "Ine.

D.,nz M-S

urtol, Im ~ CA) Gray, LLj bloak"T G Mail~ 7.- 8't~%Anw Green D.Ly Marien- 71, . C.ar",

aning D.Wire, %lartin,lt. j

Clay Guar"I'll 0'rustil Martux'MY) '. "l- Cling" Hamuteft Iduraftr Dorn- I CA) M.ZW" ~'_o. Coll" Hayes Now" C- .dY mccaln W- Conyers Hertel osw C~"_ Mcc .rul!_ 7-N, -

C...hlla Howard ObfW" DMUIT McCallum 11-- C.V*q Hopor 0%17 E'Iievt.XY1 M.Ern A .-Y Darden H .Casby rantuA Fisarm,0K) McKernao A . .,I, olucnie Ruepies P"m Em- McMill- Y-~ -K Deu .ma j4cotkg Ponvir E~nzluih MWhel Y -c

D,"Ut i PIPE" E~" IIA) Y-re 11 :

Monoon -1d Donnelly Jones'01K) ft"d Fl.ide M- 0

.reaft'KID) Ran.-orsou RXILLrd~ PI'Do. .4 WAI

0"""', Kalner ludge O .rbin Ka"u"undo"t Riniudix NOT VOTI-10 -8 5 O~ For

C711001k Kildely Addlialia Keemur L_- P~t

Ilt'llo, AleItander G .c. ~-.g

R~ smith .p1j)

V"to Ann- r-on-ft t

A,n.r G'oftno

Rally SWJUL Rowrt Viockday Axon Gotutain L,, Routines

'I'm I

Vollimer 8 .4io 0'.n'son M .-ex Ro .tw,d I CT) 3nome Waldron B . .Cs G-1 PAI llco- Rcriviand 9 CA) "ars Waxman acne"TNI Guroemn 11, 11 ~.. . Y Itaimal -nornm Weaver Rmarcineid R"'Oll, M-1 Rudiol sorwit W~ B-"I CAI 11-1-1

S&" St&49M W*m '_ow" III"" 'I Savage tallumill Who" 0..n*7 M " . .l : Saxton SLWU Wh"Air, C*iM- 1140) K"1 4

Schemer W lopa Conw Hot% Schrooder

3LUddm

Seft .raide W:rLft C-tett H,ox- %4_.-n Tau~ will@ O,,kIruon H~c- 101--

Selftiring Thoom IGAJ Wed D-laa K-9 -Iu

stnwnbe~ Torrall Wei" 0, .on UF ice N's-In 3h&M Torrhmo Wrdox O.ricae L-re CAI X -oj Swillomixi Towne ys~ F.,d IMI) Lew. CA, 0 9, Smith I rL) 11MI'loori t

Smith I 1A I Tnixier
4206

0 .em ahs. Udall

P PM ShLOPWr V..Cler J"t

Pk4M Sams WwLenurw

Porter

samia

. Demr whatas

iZ~ (OR) wtjl~

F.'r,ell SMIUL Robert VVY110

R.,h 'ORI Tates

13 231 5

Mr. JONES of Tennessee and MrDYMALLY Changed their VQECS from

aye- to '*no."

Messrs . HERTEL of -Michigan,

LFH?4AN of Florids. WILSON .

GREEN, and SAXTON chinged their

votes from "no" to llaye .-

So the amendment was agreed to .

The result of the vote was announced as above recorded.

Mr. HOWARD . Mr. ChairmaxL I &%it

unanimous consent that when the

Committee resumes debate on the bill

on tomorrow. LU debate on any

amendment offered by the gentleman

from Massachusetts (Mr. PPANC) .

which establishes a new title VI to the

bill. and all amendments thereto . be

lunited to So minutes divided equLILY

between the gentleman from Massachu3etta (Mr. FRAxzl and an opponent

to the smendmen L

The CHAMbL4A. TA them objection

to the request of the gentleman from

New Jerw3rp

Mr. PWRIO. Reserving the right to

obJect. Mr. ChaLrma& I did not see the

gentleman from Massachusetts.

Mr. F7tAX& Mr. Chairman. If the

centlenma wM YWI& that Is PeirfectIs

acceptable to me.

Mr. PWRIO. Mr. Chiairman, I withdraw m7 reservation of objectioni.

The CHAMILAN. Is there obJection

to the request of the gentl I from

New JersW

Thm was no obJection.

Mr. HOWARD. Mr. Chawman. I

move that Lbs Coommilttee do now rim .

The motion was &creed to.

Acowdingly the Committee rose ;

and the Speaker pro, &ew4m* n&.

GaAT at 1111nob] having assumed the.

chair. Mr. Hovm Cb&Lrn= of the

ComnUttse of the Whole House on the

State of the Unim reported that that

Comiatttee. having had under consideratlack the biR (KJL 2817) to amend

the Comorshenoft* Environmental

Rewpo"L CompeassucML MW Liability Act of IM. and for other purposes.

had come to no resolution thereon.
P. 10

4207

(From the Congressional Record, Doc- 6, 1985, pp . A1122'~-R112

SUPERrUM AMENDICcmTs or Xr. RICHARDWPL Mr. Chainew

it" assesdams. I hwiers . hes b"m wartz

The BPFAJWL Pursuant to House WM bob the stabaft NW the mino

RftWuUoa 331 and rule XXIn. the sar effftsiad ukm astawdowaft tode C

Chair declares the House in the Com- easwe Um Iscal afficish readve at

auttom of the Whole House on the trw ead" buh~ show the rwm

State Of the Union for the turther hazardeve mhuaftw ism Lin Gaviras

consideration of the bill, X.R. 2817. 40 d0a the FOJWW GOVWRMML

vadw ewnet low. swpwftnd M

0 1040 firmsth" rwaswe awwa thnshow IF

ul TKX c*antrrru or TV= Wwow Um at hanwAaw w6danew is iffLow

Accordingly the House resolved ly am* the National 110*04" cow

itseLf Into the Committee of the weekled"a TU P" A which ther

Whole HOUSe *A the State o( the necu~ .th* nwp - evager is whirs a

Union (or the further consideration of . . goandw has be" rele"M

the bill (ILM 281T) to am"d the Corn- 440&k6*16 G V"M%16" 40&4960 W

PreftnAlve V15vtronMental Response .

lease wwo cessucaft 8 subw

Camoevissition, NW LA&bWtY Act of dafter to 9" pawk boom w wwa

L940. &M for other purposm with Mr.the eftwirsawlest.

HoTits in the chair. While the #ism mmmw4w I

The Clerk read the ttU* of the bill. waskiagwe le *9 ~ of a r""

The CHAntMAN. When the Com- que"ties rals"s. they my ar mm

mittee of the Whole rose on Thursday . notift law efflaisle ~ MV re"

December S. 1093. title III of the text 0000200104% - Pftg Pw--bW--Am

of H.JL 3U& which 14 considered Ls an in# 08 wo thas detwe the

Original bW for Lb* purpose of amend- ahwerwAl ar saddea"

meat. was open for amendment &E any My amendon" wooly am a

Point. Debwa on title III had been quirew" " the jvb~ whbcik n

limJtod to 00 minutes. There an 40 F"aniagto w- __ --nable A minutes of debs" remaull" on title Win wfAck CPA has delatmiaw amw

IrLL Debaw an utk tv Nw been umit.

a daaW Is On sewwwwaft-41w be w

ed to 30 m2tivites. Debaw on an amand.

ad so laval sakialL The somadamw v

.

by tilm geatlemw &= Mames, viseply Wd Is &be so of Miamians in I

ChU§ftU W. F%A1W to 4" L 159W a pis" Assiall- A" modfy the rim

title VI SM AD ameadomw Lbovw In ow "Y dinimialtee Uft Other stuv~

had been 11-JUd to 10 minutes to be (or Maddleades.

equLUY dlvkiod sawl controlled by am CPA is marrostly is As precen at d

renuaman (ram Manuchtiseta (Mr. adaft 4-saft thr-b"

Fv&wJ and a Member ovooded there. the M chemkiesk as the hwardwas

VL asseas UGL SPA is reoubw to have a

AM there W furtha almenAftents thess "Pactablor 48"*y kwals 0"M

toUtI* Ea? before IM aniargency rapsaw peova

Mimrsamm ornaso or as. aACK"Beow

Mr chok"Oft I am tb" of so I. IUCRAXOSON. Mr. Chalrmaiix daNdiss in M$Qfjf he"

I after an amendaML dale a" The and0wasa 11101060010 INGM!

AGUMdobdU

Cleft read as follmm them in *0 area of a rakess Of a bw OffwW by J&. Rammmsoa

F%ft 30L am sabloseee which proma a substs aftar ikw & Infism

(0 7U Awkew is do pabills beekb-this is tam 'bdMkrdv%w substance ewor.

Vwwr 41100 huft" 007 Release 09 a hawd.

C*nmwkv fta IV bsww is as she

am substance a Nwoun" ohm require no- a" do a sis himpuft" swauk""

unaw"s ad

Alftey undwt1he movireawam" r"wwow up so ft aslipw IL

tVt* G AWNSININ

CXlKXA &TA VbM saafti- W. yam: chilbsuft would S1110011 80 Lbe PANIC

health UM4awksommuL The Administrator 84mumm"

*( the swowww"d ft"Islave W. RICKARMOM r ykm to

shall pre-lo" t"Misaws to 44=W simuemoin &00 now Jersey. som WA ME. MM A& Cb#AUUML the am

mdw had been rwwwww& It IN #0
4208

PMWettient of the bill. We have no ob- torY reports. EPA would be able to

Jection on this side. Judge wnetrier the sL=dLrd for ex .

h&. LJ2fT. Mr. ChLuvam will the emotion is met only as regLrds a par.

gentleman yield? ticular facility.)

Mr. RICHAROWN. I yield to the Mz. ROIL Yes. It is my understand .

gentleiman from New Yorit. in$ that under this section, EPA would

Mr. LENT. I than't the gentleman have to look at the CoaWtiong found

for yielding.

I Just want to CWVLrM that this !a a specific facility fn order to determtoo

the Amendment thsit oroOdes for rer whether a wWror Would be appropri.

ulatIons for emersonc ea . ste- P?ftvdumLLY. haRever. EPA migh t

Mr. FUCHAMMON.

The rentlemsin consolidate PfUttow by a single owner

is cOrreCL Notification Of local officials Or Operator (Or severLI factlitles. Nev.

at the 34.me time that the Washington ertheless, EPA must still determine

Responsio Center is notified. whether exemptions am appropriate

Mr. LENr. Xr. Chzidrman. we

have for each facility as Part Of that pro.

90114 Over the Amendment. It Is a good ceedIng.

amendment. We have no objeCtlom Additionally. since EPA determines

The CgAnu"x. Th* question is on the list of h...rdous substances which

the smiendme" offared by the gontio- would be required to be reported on . it

n= trom New Idoxico [Mr. RicstAxp.

is Our intention that EPA Could not

SON) .

then provilde a blanket exemption iLm.

The amendawas was agreed to. ItIng the need to file such reports for

41019210017 ovFURAD tv MR. CAAVVM IV*dft substances iicram the board.

Mr. CARPER. hLr. Chairman. I offer Nor do we int4Md that entire class" o f

La amendmenL industries be Provided with acroeo-them

bO&rd WSIV@= but rather that EPA

The (;erk read an follows:

Amendment offered by Mr. C&arw Pan Would Judge the SoPropriatenew of

29L EtMe out Men 3 siod 4 am 11nag 11 aod waivers On an UU11114US1 facility basis.

Is sod rodeaca"o Me folkwing Subpoxv The UMBs uM h--rdous sub.

Croatia #0 W and (B X staAft MartS Prainds valuable Lafor.

Page 314. Is Ube L sUlke &A "group of fo, MSUOn to BMW and lGical health offt.

clbUoll- AW In US" 13 Me 14. xLrUL* out ei" firefighting and emergency re~

"group of ao Mg fadutlw. 000110 Offici" and communitiaL

Ur. CARPER (durtng the readingi TherpJare. It Is awIntention that EPA

Mr. ChairnmL I ask, unanimicum con- List WO Matm sulbority, carefully and

sent th" the amendment be consid- PrOv6dil 424=91dow for such reports

ered me read and printed In the only wbass warninted by specific conw.

RIVOIL316 U013L

The CRAIRMAN. to there objection I&. RWTD13L Mr. Chairm&L will

to the request of the goaLlemsin from the gwUmain~

Mlawars? 111F. CARPML I would be happy to

Then was no objection.

"old to Uw gentlemm trocu ZenMr. CARPER. Ur. ChaLrmsn.

I do tucky.

not intend to UK for S vote on this Mr. 614TDOL i would like to add

PSMWUIW AM4DdM4ML What I would thatI generally concur with .up@c to

like to do In to enter Into a colloquy the *XampUois tar rwportbW requL-W

with the gentleman frota New Jersey. ments appilcable to IssiaLrdam; c)i~i.

(Mr. Rog). cab under section 31 I(*X 1) . Tb* pmA.

As I underaLmd. under section, 81W4 of subwagirsob 3 thereof which

311(o). the Adminiatrator in even dis- d@Q with a more limilted class of sub~-

cretion to provide exemptions for the stanow allow SPA authority to pro.

filing of material afety da" sheets vide an 4ZUUVL400 for a covered he&.

wW hasordous subsitance reports. The ardousi oubstance tD s somewn"

rAndard for providing rich exemp- broader fashiam Nowevw.

the provi.

UOns IS th" the" is not -a rftwnabjo sion would &now an exasoption to be

likelihood of Injury to human healtbi 6=10111 for rePWUM an the basim of

or the envtronma%:L~' cimm Or categories of covered hasard.

This is,& high standard to n - and ous substandle or limit reporting on

WQU14

,

ballam how to be UM"d the same bedL We - S I Mat EPA

based an the peraculmir condiUaw will ouWully consider requests for *apruent " a paruculw facility.

is it eapdons recognialm the important

your understanding th" for ban the 1814 of these repwaL I Would JIM to

MASM and havardow sulmance Inven. us If the twoScutlecaen agree.
p. 12

4209

Mr. CAJUWL I yield to the gentle- UOIL If tile Admirustruop should fall in n from Nev Jormy .

to devirliap a list during this& penod of Mr. ROF_ The intent, that is my un- tl=& an A0110 111010LrdOUIS 1111t, which

derstanding of what we are trying to the EPA has already developed as pan do. is Clarify in this colloquy exactly of its reaction to the Bhopal incident

what we mean. and we am coming would apply. This list Contains 403 back and saying to EPA. "You have to Chemlev's Which Pose potentially Seri .

look at this more on a facility basis ous health danger& to the public. Al . and not Just blanket irawers." So r th6ugh I think this list reflects the think what the gentleman in suggest. Same goals and criteris act forth in

uig is in the spLrIL this bal, Lod would Serve as an excel.

Mr. CARPER. That Is my under. lent b,- for developichig the list restanding. quired by this Sectl= there is a

Mr. CARPER. Xr. Chairman. I widely held belief that the EP A

concur with the comments of the gen. Should he given An Opportunity to detleman from New Jersey. velop another hat in response to this

With that. Mr. Chairman.I would biU*s mandate. For that reason . this

ask unanimous consent that I be per- amendment does not require the Adinitted to withdraw my amendment at ralrU&LMUW to use this List . but it does

this time. say th&C the existing Ust Will cavern if

Ihe CHADU"N. Is there obJection the Administrator Is Unable to publish

to UW request of. the gentleman from a new list within I year of enactment.

Delaware? ThereIs nothing in my Lmendment

There we& no objectlom which would comprozicUm the Adminis.

AKRON== orrIan ST 10L CLIFICS trator's authority to revise the list pe.

Mr. CARPER. W. Ch&Lrmaa I

offer nodicLily-he could add or delete 311135-

an amendmeaL Stances as he sees f1t.

The Cleric reed as follows; This amendment would not require

AMeftdment offered by Mr. CAsym that facilities automatically report on put 279. after line these 403 substances--Lf indeed the list 19 . Losert : --U the Administra.

tOr f" to Publish Such list V11thin such 18 ever comes Into play. The EPA will es,

month PeMod. the list $hall consist of the tablish an annual Uxruhoid amount

Acute Hazards List developed by the AdMLn . for substances on the USL Only those Lstrator as pan of its riederw initiative for facilities which handle more than R"VonduW to Accidental ReJesses of Air theso Lhreahold amounts will need to Toiucs (described in the July 20 . 1983 .

notice front the Office of Solid waste Shd report.

Emeruncy Response of the Lnvupnjn@DtLj The fSPOrUng Itself Is anything but

Protection Agency) Until Such list is Pub- burclensome--requLrijig only reason& .

li3hed .". ble estimates of the Lotak amount o f

ftge TFI, line 9. delete "IT, and insert each extremely toxic substance re. . .'a. ..

leased into the environment during

Mr. CARPER. Mr. Chairman. I the preceding 12-month period.

would like to take the next couple of It is a reasonable amendment, which

minutes to explain to my colleagues acknowledges the coniuderable effort

my concerns in this regard. The the EPA has already expended to adamendment I propose is simple. dress the very issue before us today . I

straightforward. WW strengthens the urge adoption of the amendment.

bill's provisions on the Liffting of ex.

a 1050 tFemelY toxic substances.

The bill before us requires the EPA I might also add that initially my

Administrator to publish a list of ex. thought was to Simply say rather than

Lremely toxic Substances which are so giving EPA 18 months of time to Cisacutely tOXIC that their release into velop this list of extremely toxic mace,

the environment may present an ityk.. ri" 1111100 theY have already spent

Minent and substantlial endangerment the last 12 months developing a list of

to human ho&XX Only facillittes which acutely toxic matert" let us desig .

handle a significant amount of then nata that as a body. let us designate

Substances would be required to se" t~ list of 403 toxic materials a& the

annually the mount of those sub. hat of extremely toxic maWrU"

stiLnCU released to the environment.

I have been trying to work out a

My Amendment would require th" comproentse vnLb our friends on both

the Adusintstrater pubUsh the lbt ce SUMS Of the &14110. to give EPA Same

extragnaly tozk substances withIn 12 lautudo. and that "tude goes Some.

months of enectinent of this leffids, thing Like this: tat us give them Ig
p. 13

4210

months to develop their own List

EPA's . confusion.track f rd does not inmaLre Mr

confidence In ther ability to meet the gentleman y1eLd . CARP13L Mr. Chairman. will

? deadlines. It after IS months they Mr

have not met the deadline and gener- man from Delaware . COATS. I yield to the gentle.

ated the List of extremely toxic maLeri- Mr .

"after 18 . CARPER. I appreciate the cam- months then this list that ments of the gentleman they have already generated . of 400

acutely toxic materials becomes the Originally when I had drawn my

I ist . amendment. I had given EPA a period

However,. if somewhere down the of 12 months. They had indicated that

Line the EPA finally develops their list that wu not sufflcienx; time. We have

of extremely toxic materi" that redrawn the amendment. following a

would PrevLiL It is the "king of the conversation last evening . to provide

mountain" scenario, almost. revisited. for a year and a half.

As a result. I think I have trade every Mr. COATS. If I could reclaim my

effort to address some of the concerns time. I appreciate the gentleman doirig

mimed by my friends on both sides of that. but that additional S months was

the Lude to meet some concerns raised given an the begs of the current List.

by EPA. Lad I would ask for consider, Th&L was before the adoption of the

ation and. hopefully . the adoption of Edgar amendment.

this amendment . Now, lost svenLnL when the gentleMr. COATS. Mr. Cb&Lrinam I move man from Pennsylvania LaLwally

to strike the last word. stated that he wanted to add PCB's

Mr. Chairman . I think the Intent of and dioxins and other cancer-Lnducing

the gentleman is admirable Lod quite subsLwicem, I think we all supported

clear. although I do have a problem that. But the amendment did not stop

with the acute haaards list because them The amendment went on to add

my undersLandLue is that, EPA devel- anY other substance that mLght have

oped this an kind of a broad-brush the effect Of causing a chrtink . long3tMke. and It includes some items term disease. and ws, than saw that

which may or may not fall under the number escalate from. 4 or & to parequirements Of being eaLremely toxic. ham as one gentleman a" 125 or

In fact. we have some information 134. which the SU" of Now Jersey

that vitamin 0 and vitamin K is on listed an their list. Someore else said

the list. and I am not 30 sure that that EPA cam forward with an estimate of

is the ultimate list that we want to get 2 .300 potential substances. The gentledown to. Nevertheless. I think that man from Minnesota. In his spirited

the Intent of the gentlemian's amend- remarks last night. said there were

ment is probably a good one. 60 .000 chemicals floating around that

My concern is that with the adop. we need to be concerned about.

tion Last evening of the Edgar Lmend. Well. what is It? Is It 4? Is It 12147 Is ment. we are now throwing this whole It 2.3W Is It 60.0007 1 am not sure we

thing Into a great deial of confusion. exactly know.

because if we am going to add to the Given the fwL that we am looking at

extremely toxic substance list all those potentimilly. " the gentleman from

items that we discussed lost night or Minnesota wild. 60.000 chemics" that

that might be brought in with the now to be out on this list " a result

adopt,ion of the Edgar amendment. I of the Edgar amendmont-and that is

am Concerned th" the EPA is not why so many of us reacted to this

90U* to be able to publish thin new amendment: we thought If It had been

Iist, within 18 months anct therefore. more caLrefully drafted and more narunder the amtleman's amendment rowly draw% we would have been

would be required to publish the acuts happy to support it. But It we are

hazards list of release the acute has- looking at 60.000, or even 2.3W. there

Lrds list . so communtUes wW be oper. is no way the EPA In the additional 6

atim under one list for a certmAn months Of time is going to be able to

Period of time Lad then EPA will con- come out with this list and. therefore.

tact them at some point later and say . ItIn going to he" to revert to the

"scmich that list. then in going to be acute hazards Ust. We an going to

a new 1141t. ING have to Unplement a have two lists; we an going to have

whoie new series of hamiardaus ch*mi- am for a certain period of time and

cLIs that you need to be concerned another for another Period of time:

with." and it Is going to add a lot of communities am going 90 be confused.
p. 14

421 1

and what we are doing Is burdening merit Offered by this gentleman from

the EPA wlth regulatory work. with Delaware tMr. CAapn].

administrative worC we are drsinmit Mr. FWRIO. Mr. Chairman. will

Superfund from the specific purpose the gentleman yield?

for which we are enacting it, and that Mr . COATS. I yield to the gentleis to clean up the worst sites fLrst . to -an from New Jersey .

get at those on the priority list . to Mr. FLORIO. I thank the gentletrian

apply the money that is being taxed of for yielding .

American businesses into this fund Mr. Ch&Lrman. I think this is being

and from the General Treasury and to made much more complicated than it

go after IL clean up those sites . It is really IS . What we are talkin about is

going to be an administrative night- the gentleman's amendment to the list

mare, and that Is why I am concerned. that Is requirect. There are two lists

not with the gentleman LS amendment, that are required Linder this provision.

so to speak but with the addition of that is. the basic law that we are at.

the Edgar amendment last night. tempttnt to deal with here.

whJch I think confuses this particular This is an amendment to the list of

amendment. acutely toxic chemicals.

Mr. SIXORS10. Mr. Chairman . will The gentleman's amendment last

the gentleman yield? night dealt with chronic chemics .1s.

Mr. COATS. I yield to the gentle- In that sense. what the amendmen t

man from Minnesota. of the gentleman from Delaware is

Mr. SIXORSKL Just so the gentle- doing is saying the law requires that

man does not further mlsundenrt4Lnd this List be published. We hope that it

the statement I made last rLight- will be. but If after 18 months no suc h

The CHAIRMAN. The time of the list of acute toxic chemicals is. in fact.

gentleman from Indi-n- (Mr. COATS) Published. then the list that EPA has

has explred. just published unofficially, after a 9 .

(By no-1-ous consent. Mr. COATS month study. with no legislative au .

was allowed to proceed for 4 additional thorlty. an they have oknnouncecL is

minutes.) goingto be the List. That in going to be

Mr. SIXORS113. I did not say that the provision that they are going to

there were 60.000 toxic chemicals pro- Live with.

duced. nor did I say there am $0 .000 1 do not think that Is particularly of.

chemicals that Should even be re- fanSive . And the way that EPA gets

viewed or looked &L I clearly said in out of this is by doing what the law

introductofY comments that the con- says between now and the next is

text in thfr. There are GD.000 chemIcLL@ months

.

produced in this country in 6,000 com- Mr

. LENT. Mr. Ch&Lrman . will the

unlUes. Then I went on to may that gentleman yield?

there were 5.700 accidents Involving Mr. COATS. I yield to the gentle.

the release of toxic chemicalis last yew man from New Yor L

In America. Those am the facts. Mr. LENT. I think that had this

Mr. COATS. Lf I could reclaim my amendment been offered last evening.

time. I am not questioning whether it before the vote on the Edgar amendis 60 .000-1 do not know whether it in ment. It mlght have been far less ob.

60.000. 2 .300. 3 .700. 134. and I think jectionable. or " least Im confusing.

that Is what our concern was last than the Impact of the amendment &p.

evening. But If there an $0.000 cheml- Peon to be today. But Srith the pas.

cLis being released. we do not Itnow saire of the Edgar amendment. It Is unhow -any of those 60.000 an causes clear. at least to me what significance

of Chronle Illness. the listof 403 would have.

If the long-term effects of the gen. EPA estimates that the Edgar

tleman's amendment. In terms of the amendment WW require the listing of

establishment of chronic Ulnees--and I several thousand new sutotances. most

will be happy go yield to this gentle- of them having no relationship to the

man If he salts me to yield-it the criteria used to establish the draft list

long-term effects am unknown. and it of 403.

is so uncertain as to the affect of the The impact of the Edgar amendgentlemm's amendmenit. then I think ment last night was to extend the lixt

It legitimately requires us to raise a of subatances which the Administrator

question as to the effects of the in his Judgment deems to be extremely

endment Ian night and Particularly tolle to the Same Ust. to add chenticals

the effect se it rolates to the amend- such as vinyl chloride. benzene. sabes.
p. 15

4212

We . PolYchlorinsted bipbenYls, which any way trying to bargain with the

are known to cause or an suspected of gentleman. but Lf the gentleman aould

causin cancer, birth defects. genetic "It unsinlinous consent to make the

mutations . or other chronic health de- amendment to 24 months. I think the

fects In humans. minority would be prepared W a.;ree

Mr. CHAIRMAN . The time of the to the amendment.

gentleman from Indiana (Mr. COATS) Mr. CARPER. If the gentleman i-til

has again expired. yield, having heard that. I will make a

Mr. LENT. Mr. Chairman. I ask unsruinous consent request that in nl y

unanimous consent that the gentle- amendment the number -19" be reman from Indians, [ M.r. COATS] be al- placed by the number -24 ."

lowed to proceed for 4 additional MLn- Mr. LENT. It the gentleman %ill

Ut^S. yield further, I believe there are two

The CRAIRMA.N . Is there objection places in the statute where the lime

to the request of the gentleman from has to be changed. in order for it co be

New York? coherent. from 12 to 24 months.

M.r. EDGAR. Mr. Chairman. reserv- The CHAIRM". The Clerk will

ing the right to object-and I will not report the modification.

object-I remind all of us that we are The Clerk. read as follows :

under very strict time considerations On Jim 2 of the Carper amendment . s*rite

here . and I think that it is Important 18 Month" and Insert "24 Month. *

that full debate on this Issue be given Mr

. COATS. I yield to the gentlewithin the limitations of the time re- man from Delaware (Mr. CARFVRI fur

straints. an additional unanimous consent reMr, Chairman . I withdraw my reser- quest

.

vation of objection . Mr. CARPER . Mr. Chairman. th,re

Mr. COATS. We are cogntzwt of are two places In my amendment

that time restriction. and we will do where the figure "IS" occurs . and iny

the best we can to get to a resolution . Intent is for the change of "13" to

The CHAIRMAN. 13 there objection -24" occur in both places in my

to the request of the gentlernRn from amendment

New Yor0 Mr

.

. COATS. I think the gentleman

There w3s no objection. will have to make another unanimutu;

The CHAIR.%tAN. The Chair will consent request to do that.

advise the members of the Committee Mr. CARPER . Mr Chairr art. I _~k

that there am remaining 17 mmutes unanimous consent that In toth p.,ices

after this 4 minute,.. 21. minutes re- in my amendment where Lho nurnrer

ma.ming for debate on this t,.t .e at this "IS" was read that we insert *24" in

time. lieu of-111" in both places.

Mr. COATS. 1%Jr. Chairman.

I yield The CHAMM". Is there obJection

to the gvntlernan from New York (Mr. to the request of the gentleman from

Lit"]. Delaware?

Mr. LENT. is it my understajiding There was no obJection.

that the sponsor of the amendment The amendmenL as modifleci. is as

has agreed or is willing to extend the follows:

period of time that the EPA has to AnKrAnsent offered by Mr. CARP=: as

promWg3te this list beyond the 12 modified; Pase 2-79. after line J& LAsert : --U

months provided in the underlying tile Adminear"ar fails to publish such list

legislation? within such 24 math period. the list shall

Mr. CARPER. if the gentleman will consift Of the Acute Hileardii ; LAst developed

yield. with the adoption Of the Edgar by the Administrator as part of its Federal

amendment last evening. I realize that initiative for Responding to Accidental Rethat mates somewhat more difficult losses of Air Tissue (described in the Jul y

24 19611 . notice frills the Office of Solid

the task of the EPA in compiling this We"t

am Emergency Response of the Enlist. virisminental Pfowtion Agency) until such

In the spirit of compromise.I have Ilist is pubLishaV.

already agreed to extend from 12 to 13 Page 279 line S. delete -12" and insen

months. A suggestion has been made

here u)"y th" we. given the alloption Mr. EUGAR. Mr. Chairman. will the

of the Zdgw uundment last night. gentleman yields

further extend th" to 24 months. I Mr. COATS. I yield to the gentleam willing to samt th" it ul" is an man &cim Pennsylvainlia.

agreement we am &H live with. Mr. EDGAR. I want my colleagues

Mr. LENT. WelL a" that I am In to be clew. I realise the gentleman in
p. 16

421 3

his debate w= arguing aDOut an nut intends his amendment . 14hich Ls amendment that was LlreadY SuOcew- already Succewu! and pLs&ed . to in- full last evening . The unendmenc that clude a ,ery narow t of chemicals U the gentleman from Det&wLre is offer- deta=!ned by EPA's toxicology list

. Lng is a very good amendment . it is mid we believe t wo uld be

I

n the now listed at 24 months, and it has neighoorhoed of 150 chernicali. nothing to do with the amendmentof I see no Prot;!em w;cn the Carper last evening. This is sLrnply the devel- amendment trying * :) get a specific 11st ooment of a List of acute chemicals by out of EPA of those ha-FOOLLS sub- EPA . and is is a harnmer, it is a way of tances ~4hich are ox 1c . I thank the specLfically giving EPA the pressure to gentleman for his amendment. and I

come up with that important list. iust simply warit to say we won the

I thank the gentleman for his battle last evening on one amendment

. amendment. But. to be clear, it does I do not think we ought to confuse the

not have anything to do with what we gentleman from Delaware's amenddid lam night. I really appreciate his ment with the debate that we had last leadership . evening. Mr. COATS. I beg to differ with the Mr. COATS. Mr. Chairman . just to gentleman . and I yield to the gentle- wrap up here. I think we have cleared man from New York .

Mr up the problem with the time delay. LENT. I would just like to state thanks to the gendeman's unanimousthat the gentleman from Pennsylvania consent request . In response to the Lmended-Lzid I have a copy of ha gentleman from Pennsylvania . that is amendment before xne-alt page 279 of what the argument wu about last the bill . line 18. and the gentleman right: whether it was 154 or 2 .500 as added certain language 1,0 that list of the EPA stated. or $0 .000 as one gen- substances which was the so-called tlEman stated. and because of that acute list. confusion. and becaum-of the relation13 1103 ship to this list. th" is why we ritised

The the question. Rut I think we have cov- CHAIRMAN.

The tune of the ered It with the extension of time. gentleman from Indiana (Mr. COATS] The CHAIRMAN . The question Li on has expired. the amendment. as modified offered (On request of Mr. LmwT and by by the gentleman from Delaware (Mr. unanimous consent. Mr. COATS was Ll- CARP=]

.

lowed to proceed for 2 additional min- The amendment as modified was

utes.) as, to. Mr. COATS. I continue to yield to The CRJURMAN . Are there further *he gentleman from New York 1 .1dr. amendments to title IU?

LJ:?rTI .

Mr If not. the Clark will designate title. LENT. So we aa-e talking about. rV. my point is we are talking about one The text of title IV Is as follows:

list which. up Ltnttl the time your

amendment was offered. was a list entirely involving extremely toxic sub.

stances. or acute substances. and you [NOTE - Title IV is pceviotisly

then added to that a further list of unknown quAntities somewhere between reproduced and Tay oe found

2,000 Said 10,000 of chemical& that at

might cause chronic health effects p-3874 ]

.

The amendment of the gentleman

from Delawme impacts on that list. It

s one list

Mr

. The CHAIRMAN. The Chair will . EDGAR . Mr. Chairman. will the advise the Members that under the

gentleman yield? un&nLMOus-consent request agreed t Mr o

. COATS. I yield to the gentle- there am 30 minutes allotted for con.

man from Pennsylvania

Mr

. siderationof amendments to title IV.

. EDGAR. I tharUL the gentlemaltit

U

. 4XX"K=? OrrIZED BY WL UCXZLXA.X you look at the Carper amend- Mr

merit. it develop& . MCKERNAN . Mr. Chairman. I a concern for a SPe . offer an amendment. cific list of chemicals. The gentleman The Clerk read as follows; on the other side have been particular- AnwftdMent offered

by Mr. McKxLpAx: ly concemed about this list being so Pus 336. becuuuns on line 20. 39MILA OUL large. The gentleman from Peruisylva- '10f a Period of three Years beginning on
p. 17

431 .5

The amendment was amed ta

Mr . mOum-cOngent requ"L The gentleman . ECKART of Ohio. Mr. Chair- from Ohio Man Is now debating the xub. . I "it unanimous consent that st&nm

alter consideration of the JPrans Of the Issue. and I thin't thait

: we ought to raise the question of amendment and any amendments whether or not a reservation will in thereto there be 20 minutes debate on fact Lake Place on this issue

.

the Edgar amendment which was Mr. ECKART of Ohio. Mr. Chair- adopted to title 111. The time would be man. may I be heard on this point of

equa.Lly divided and controlled by Rep- order.)

re3enLaLive EDGAx and a Member op- The CHAnUWA.N . The gentleman

posed to that amendment. hasa r1ght to be heard under the res.

The CHAIRMAN . Is there objection ervation of the gentleman tram Ne w

to the request of the gentleman from York who Yielded to nim for the purOhio' Poles Of eXPlaining why he was

.Ar LENT. Mr. Chairman. re3er%tng making the LLn&nLrnous consent rett,.e right to obje~t . I do so for the pur- quest of the comnuELft.

pose of hearing from the gentleman Mr. ECKART of Ohio. I thank the

from Ohio what it Ls that tie Ls propos- Chair.

ing . Mr. Chairman. I would reply and

I

yield to the gentleman for his re- give to the offeror of the point of

Sponse . order my purpose of placing this un&n_ Mr. ECXART of Ohio . At the time Lmous consent request, and to raise

of the adoption of this amendment the Issues that would be discussed in

late in the evening on Thursday nighL the course of the debate . certuwy I

there were approximately Of Members think. would innuence the body as to

who. for v&nous reasons of Importance whether or not they would like to

to them and their districts or to other have an additional &Lrmg of the

legislative business, were unable to changed issues that have intervened in

either attend sind participate In that the Last several day L

debate or to ultimately make the roU. Clearly. a matter of such great subcall vota That number reps nag stance and Importance which the gen .

about I out Of 5 Of our colleagues at tieMALn 1100cated so eloquently on the

that verT late hour who. unfortun-w- floor Thursday evening deserves that

complete Wing particularly 1Y . were not able to fully understand

and participate In the consequences of;rt= more than 20 percent of the

that debate . Membersof the House who, bemuse of

What I Propose here In a mariner OOUUWU1~A"tA and other legislative

not inconsistent with what has been matters were unable to attend .

done in other bills at other times is to Xn Light of theme changed circum.

allow those 88 Members to hear. in an "Ancft in light of these changed enabbreviated version. the debate revoly- ClOrsernents. in fwL even repudiations

ing around this very Important &mend. Of alleged endorsemenM many of

ment which was decided by a very wbkb we have AM had the time to re-

-small margin. 02"AL"a to Uwr veracity or ConlinAdditionally. Mr. Chairman. con- tied SINOWNw. and In light of We faft

tinuing under the reservation of obJec- th" 86 Of Our collescues did not hew tion of the gentleman from New Yort tfas debste on UUs most critkal Issue

it has come to this ffentleman's atten- th" my eol[esgus from pennsylvials,

tion that several individual groups cited so wanderfuLly and eloquently

which signed a letter that was circul&t. last Thursday evening. I think a sense ed on the noor of the House have Of fairness AW fair Play would auger

since repudiated their endorsement well for a very ILmJted. very abbrevist,

either as having not been Involved or ed debate . the time to be equally divid .

now not supporting the aimendiment ed between the Proponents and the

Clearly. In light of the fact that opponents after the consideration of

there have been either substantial the amendment of the gentleman

changes- from Manachusetts who has waited so

FOMT OP 021011111 long and patiently.

Mr. EDGAR. Mr. Chairmsin I have It Is merely a question of fair play I

a point of order. would Point out to my colleagues, I

The CHAUULAK. The gentleman thank the gentleman from New York

Von sumW for reservft.

Ur ZD0A1L Ur Chairman. the res. Mr. L=ff. I thilink the gentleman

erv&Uoc hm been made on this unanil- for his szol-nation.

Kr- Chairman. under my reservation
p. 18

4316

of obJectlon I Yield to the tentienisr, we have perfunctory mationa av&Uable

from Pennsylvaiiiis (Mr. EDGAal moving to strike the requisite number

Mr. EDGAR. I thank the gentleman of words. I would like to see, Liter this

for yielding to me. is agreed to. that the gentleman then .Mr. Chairman . the gentleman from makes a unanimous-consent request

Ohio said that there are changed cir- that debate on the bill and all amendcumstances. and there are . ments thereto conclude at the concluz 1710 sion of that vote.

Mr. EDGAFL NEr . Chairman . will the Mr. ChLLrmazL J the gentleman will gentleman yield 'under his reservation yield further. the other day when we of objecUdn? were arguing this debate . we did not Mr. LENT. M.r. Chairman. I

hI the slicvPing :iSt of all the

groups that nave ave happy to yield to the :n fact now endorsed

gentleman from

~he amenament. We feel very comfl- Pennsylvania CMr. EDGAal .

dent about the support that is growing Mr. EDGAR. Mr. Chairman. I thin

on this mue. and we note very clearly the gentleman makes a good poLnL

that today under 1-minute spmhe3 There is under the rules of the House

there were ample opportunities to the opportunity to move to strike the

!;peLIL In fact, those opponents of the Jan word. and I thin't If the gentleEdgir-&korski amendment took that agrees t4 the 7% minutes on each side.

opportunity in 1-ininute speeches . we can adequately describe the amendWe note that the hour is late. that It ment. and not take the time of the

is time for us to Pass a strong Super- House through additional 5-minute.

fund bill. and I would urge the author rule time which would be available to

of this request to amend his unLnl- us. So I would hope the gentleman

mous-consent request to 5 minutes on would suggest that after the Barney

each side. so that each . the proponent Frank amendment and after we have

and opponent of the position. could 7tt minutes on either side on the

clearly state what the amendment Edgar-Sikorski proposal . all time 012

says . and then we could cast a vote. this bill and all other amendments

:n the pressure of time.

I would thereto appertaining would In fact

hope that the gentleman would re- end. and we would move to full considphrase his unanimous-corisent requesL eration in the House .

If he does not. I think I will be can- Mr. ECXART of Ohio. Mr. Chair- strained to obJect. man. will the gentleman yield so that I

Mr. LENT. Mr. Chairman. further may restate my linanimous-consent re- reserving the right to Object. I am quest?

nappy to yield under my reservation Mr

. LENT. Mr. C?uLirm&zL I yield to to the gentleman from Ohio for any the gentleman from Ohio (Mr.

purpose that he might have In mind. ia";]-

. he CHAIRMAN. First. the Chair Mr

would observe that we . ECXART of Ohio. M.r. Chair- had 7% minutes man. I wit unanimous consent that of debate on one aid* and 7% minutes Liter consideration of the Prank on the other side on both the DUACAn amendment Lad any amendment and Downey amendments. thereto, there be 15 minutes of debate

The Chair now recognizes the 94112- on the Zd@W amendment adopted to Ueman from Ohio (Mr . Ec3L4&Tl

Mr . titleUL that the time would be equal- . ECKART of Ohio. Mr. Chairmain. If the Chairs suggestion on the ly divided and controlled by Repregentleman's reservation Is corrft% sentative EmAx and a Member ovwhat I would be wMinc to do in to take posed thereto. and that all debate on

the suggestion of the gentleman and the bUl and the balance of the bill

amend my unanimous-consent request would conclude " the conclusion of

to iinut it to 13 minutes of debate that this 15 minutes .

would be equally divided. In light of Mr. SNYDER. Mr. Chairman. I

the precedent th" has been Cre"Od withdraw my reservation of objection.

earUw this afternoon. %Ar. LENT. Mr. ChairmaxL based on

The CHAJ[RhUX. Is there objection the gentleman's explanation and the

to the request of the gentleman frOgn understancUng arrived St. I wtthdMw

Ohio? my reservation of objection.

Mr. SNYDER. Mr. Chairman. re- The CRAnu"N. Is them objection

servi.ng the right to object. and I Shall to the final request of the 90231141111un

not object . but in view of the fact th" Ohio (W. ZMAIRT)?
P. 19

4317

There was no objection . ment. or otherwise made one of the foijow

The CHAMMAN. The ChLLr wal 1119 arrangements. A, An Arrangement for disposal or treat state Lhat we wtU now proce-d with ment by any other party or entity of halt

.

the 50 minutes of debate oci Lhe Fran! LMOUS substances owred or Dossesseo by Amendment . Such person. at any facilityThe Chair mogrilzoin Lhe gentleman r

I) which Ls Olyned or operated by another

f = MAML&Cl2UWUJ (Mr. F4LARX]. Party or entity.

AMCNI)MILIPT OrP=ZD 87 US . PRANK , 11) which contains such hazardous sub.

stances.

Mr. FRANK Mr. Chairrnaln . I offer (III) from which the release occurred.

in amendment . 1B) An arrangement with a transporter

The Clerk read as follows : for transport of hazardous subst&nc .3

.kmendment offered by Mr. FRAnx : Page Owned or Possessed by such pemon for dut.

439 after line 4 . add the followinir DO&W or treatment by any other party at

TrT'LE VI-FMERAL CAUSE OF AC'nON entity it any facility referred to In cisuaft

S.. . "v O.A .U_ (1)through ( 111) of subparSeraDh (A),

For Purposes of this title : (4) Any Person who accepts or accepted

MAY hazardous substance for transport to %fzDfcu COSTS .-The I.erm medical disposal or treatment f&CWtles or sites secosts" means the costs of all appropriate lected by such person from which such re, medical. surgitcal. hospital. nursing cam. am- lease occurred.

bularice . and other related services. druspL

medicines A Person described in paragraph (3) Or (4) . &a appropriate for both diagnosi s

and treatment . and any rehabilitative pro .

Shell be liable tinder this section Only if the

grams w thin the scope of section 103 of the PusUitiff establishes by a Preponderance of

Rehabillitlation Act of 1973 (29 V S.C . 723) .

the evideince that the type of hazardous

(2) DePiarbiorr .-The term 'dependent" substance Involved Ln the disposal or trp*Lmeans with respect to any deceased person merit referred W in Paragraph 31? of 14)

the Individual or Individuals referred to In causes the type Of damages ncurred by the

section 8110 of title 5 . United States Code . plaintiff.

u In effect on May 10 . L984 . (c) SrRICr JOtNT AND StwatAL. -11) The li .

(3) RnJASL-The term relesse" means ability of any Person Mder this title shall

the discharge . deposit. Injection . dumping . be strict Except as Provided in pLrs4T&C)n

spilling. le"Ing. staring . treating . or plac- (2) Of this 3Ub5oCtIOn. such liability Shall be

mg . Of any hazardous substance into or on Joint and Several. Nothing in this section

land. air. or water, except that such term shall be construed to affect the equitable

shall not Include activities referred to In Powers of apportionment of any court fol3UbParL1TSPhJ 1 B) through (D) of Section lowing an adjudication of liability

01(22) of thi'Compreheniuve Environmen . (2) If SAY defendant in an action under

tAl Response. Comporm"Jon. and L"bulty thts section establishes by a Preponderance

Act of 1960 . ofthe evidence that the harm for wnic h

(4) 3uy=L-v" raiLL-The terms "Adimin . damages are compensable under this title is

u;tr&Lor- . -act of Clod". ' h--rdous sub. d1vtolble. he Shall be liable only for his por .

stlance-. and **fwUlty" shaii have the same tion of such harm and shall not be jointly

mesinuig when used In this title as when and severally liable.

used Ul the Comprehensive Environmental (d) DarrNSRS-4 1) Thorit &hall be no liabil .

Response . ComporteiitjorL and E.1ability Act ItY Under subsection (a) for any defendant

o(IR&O. who can establish by a preponderance of

9- 402. Ll.&My.

the evidence thas, the exposure to a hazard .

(a) LLAMELrTT-NotWtthSL&ndLng any other ous substance or the damage resulting from

provision or rule of law. and 3ubWt only to such exposure . was caused solely by one or

the defenses set forth in subsection (d) of more of the following-.

this section, the persons described In subew.

(A) An act of Clod.

tion (b) shell be U&blt for damages to an In- (a) An act of War.

dividuLl (and his dependents) it the plLkntlff (C) An Act Or Omission of a thrld party if

establLshes each of the following by a

Pro- the defendant establishes each of the (olponderance of the evidence . lowing by a preponderance of the evidenc e

(1) There to a release of a hazardous sub- (1) The defendant exercised due care with

stance from a faallty. respect to the hazardous Substance con .

(2) The release causes the incurrence of corned. LLILIng Into Consideration the char.

the damages.

scLerlslucs of such hazardous substance . Ln

(3) The damages are compensible Under light Of all relevant facts and circumstances.

this title.

(ill The defendant took Precautions

(b) Pintsows I---The foillowling per. agalinst, foreseeable acts or omissions of any

sons shall be liable under subsectloo (a), such third Party and the consequences that

(1) The owrw uld operator Of the facillity could foreftv"ly result from such acts or

at which the rei~ occurred. omissions.

(2) Any person who owned or operated the (2) Paragraph Q XC) shall not apply in the

faculty ILL Which the release occurred " this case of a thLrd party wrUch to one of the faltime any hadardous substarim was disposed lowing

of at such facwtY.

(A) An Yee or agent of the defend.

(3) Any Person vim by contract . agree. ant.

(2) A Person whose act or oniumon occurs
p. 20

4 :~4 7

1 w"Id be" PWI.W tins ops"at rgcwt suoporUns the Itst.Lng of chron11010V Wgn-loty . Tlbo 4rat proposals me. N! hOUrds under the commuruty nitnt.-

(-ad be Ussen %imirtand wo, harft~ tO-kMw PrvvuLWn of Superfund. It -IL"

unfalir. costly. and moft Importantly the? gpecifictitIlly endorsed amendment& --a

a" net trade mtwtr&L 7%* crisis 1 . trade I. do Just that Included in the oill ;iassed

only no" worse and we #imV&7 cannot overwheLmingly and wahcut )pposiafford any further Imbalance. I cannot tion by the other body . but it has not

offer my Mason to any Provision thag ex . specifically reviewed the :Lng%age ri

Ports J*41111 -4 Incre4stv our wade Imimi. Edgw-Sikorskl. At least 47 otr,.~r

ance . groups have likewtse gone on r~corl

We we agreeing to a beetles to Super. supporting the Inclusion of crtm-itc

fund tku of all know Is flowed and unfgur. health h....ds-sLeel workers . AFL_

How CUR this be juattfled whom the tochnol . CIO. League of Women Voters. C S.

ogy In evailable that would require the true Conference of Mayors . Internationau

110111119,11tir 90 Pay . I have heard many of my Association of "re PChLers, the Na.

colloaves state a" the Houio floor that tional Association of Local Governthe" Protboash we imperfect. but they merits and Hazardous Waste . ~ne

were the best possible alternative. Imper- LA"Lifue of Conservation Voters. and 43

fact? Yes . Ban possiblit alternative! No . By others,

aCC*PCJAg the financing Ineekanlain includ . In the lectslative process. we often

ed in the bill . instead of tb* one I have dia. hear a general curious attack &"-rst

cussed. Ire have flawed whatt was; once a something thLL people want. some,-

"and Piece a( logisladon. thine supported by the facts.

AXII047MC81CCWf ST rint CRAIRMAX Mr. Chairman . It was not this side*s

The CRAIRM&M . The Chair Ln. desire to have another deb&Le and

forms the committee that under a

pre- Lmpose on the time of the Mernoers.

"OuslY approved unantmoull consent but we are Ln this situation. Repescpirequest there will now be 15 mirtutes ly in the legislative process we have

debate on the previously adopted these general curious attacks on proEdgar amendment. That amendment possis that are supported by the facts .

Is not subject to a vote at thIs time: supported by logic . and supported

but under the unanimous consent re- overwheLm"ly by the People. We Are

quest. there will be 7% minutes on told at different times that a proposal

each side. will cause horrendous, Incredibly negaThe gentleman from PeruuylvLni& tive consequences . burden smLL1 busi .

(Mr. Enus) wlU control 7% minutes nessm. desLroy faimly farming . cause

and the genUeman from Ohio EAr . horrendous paperworlit. nat feet . fallEcKAit?] will control 7% minutes. Ing arches and hair, and the rie&r.-

The Chair recognizes the gentleman break of psoriasis. These horrtble3 are

from Pennsylvania (Mr. EDGot 1 . marched Ln front of us ILn a manner

Mr. EDGAIL Mr. CItairmart. I

am that would make John Phillip Sousa

very surprised that there Is the extent proud of the parade .

of Controversy about this IbLIL and I

You have all seen thLs parade of horwant MY colleagues to lknow that the ribles time and time again In the legisgentleman from PennsYIVWU& did not lative process, and this week we have

request the' additional Umd. We dis- been treated to it again . agzuist comcussed this fully on Thursday night . munity right to know. Yet the music is

and a vote was cut and I was succes*- sour, the noLes off key. It U based an

ful. We now have another set of cir- fearful nortsense. Community right to

cumstAncesi where we an going 1;4 dut . kztow does not touch farmers and

cum the merits of thas lisitie. I hope satail businesses or create mounds of

UW 11111111111101ittell, wM listen Clearly be- paperwork. Two States Llready do it

cause the Merits have n" changed aind without the horribles . And the other

wo need the "tenUou of the comitut- body adopted an even stronger cornmunity right-to-know provision %ith- tsmi an this way liumortant Iseult.

Mr. Chairman. for the purposes of out controversy or opposition .

ow opening debate. I yield 2% minutes Mr. Chairman. the Issue is simple. U

to the genUeman from Minnesota [Mr . you want Your constituents to know of

slizolitillu 1. chemlcal releases causing cancer. brai n

(Mr. SIKORSICI asked and w damage . and birth defecLs, vote for

.11V permission to revm and exLel."d EdCar-Slikorski. If you do not. do not

his ressiduts.) vote for It. It you want your fire.

Mr. 811CORSKI. Mr. Chisirmar, the police. and Medical persomel to know

Atiliterfean Write Association is a

Lhe chemiciall; they am exposed to,

Tol* for Edgisr-8111torillil U you do not.
p. 21

4 :1,4 :~

vote acaLiast It. U you want your cori- stale LO absorb and handle that trJorstituent-S to knew Of 001.5on in the sod maLlon.

of their kids' Playground. Ln the sar Mr. EDGAR. Mr. ChLirritaxi. I yield

they breathe . &rid In the water their I MIDUte to the gentleman from Min .

neighborhood drinks . vote for Edgar. nesota (Mr. prNpeyl .

SikorskI . If you do not want them to (Mr. PENNY asked sLnd was given know that . vote against thAL Dermismon to revise and extend his reMr. ECKART of Ohio . Mr. Chair- marks. )

I yield I Y. minutes to the gentle- Mr. PENNY, I thank the gentleman

man from Washirigton [Mr. SwtrT]. for yielding me tbis; time .

(Ur. SWTFT' asked and was given Mr. Chairman. ruiny of us have

permission to revise and extend his re- heard atiegaLions that the EdsLr,9i .

marks .) korski Superfuod amendment to reMr. SWIFr. Mr. Chairmart. as a qUIM repocUng of em-lons of cancerMember who was very Involved Ln the causing chemicals would hurt farmer&

development of the community right- Nothing could be fanner from the

to-know provisions, I must tell you truth.

that the committee took them very se- Let's get the facts straight :

riously . The question here is : Is the The bill as drafted directs the EPA

commuruty going to be able to utilize Administrator to set threshold

effectively the Information it knows? amounts for reporting. The Agency

I suspect every Member here, either Can and should set amounts high

as an Individual or In the commlttee enough to exclude family farmers and

that the Member has worked on. has others with mLn.Lmal emissions .

had the experience where they have The Editax-SLkorslu amendment does

asked an agency for some Wormation. not require that any pesticide be

asked them some tough questions that banned or removed from farm use . It

they did not want to answer. and so is a dght-to-know Provision . requirLrg

they love you to deathi. They send a only that a heavy user of a carcinogen

truckload of documentation up here. filea I-page report each year so that

and you are buried Linder It and you his neighbors Will know what they're

cannot find out what you want to exposed to. is that too much to ask?

Itnow. Finally . In an amendment to the SuThe Edgar amendment unlintention- perfund bill the gentleman from Jill.

ally has done the same thing to com- nots IMr. M"IGAJ91 SpeCLfIC&Uy ex .

munitles. It will bmry most communi- eluded pesticides from liability under

ties under a volcano of annual reports. SuPerfund.

We have a wire here from the Na- Any remaining questions about

tiong.11 Association of Counties. which family farmers can be easily handled

say% In psM that the Edgar amend- 4in conference.

I ask my colleagues to

ment will seriously undermine and again support the right of their condivert community emergency response stituents to know when they am

committees . Submission of status breathing or drinking mricer-causIng

shmts for chronic hazards will over- chemicals. Vote "Yes" on Edgar-SlIkorwhelm the calpablilittes of these com- sILL

Munitles . Mr. ECKART of Ohio . Mr. ChAirman. I yield I minute to the gentle01840 man from North CaroLLna Chdr. Rosal .

What Is so serious about this in th" (Mr. RCSZ asked and was given perthe Intent of the orillfinal proirislon of mission to revise, and extend his rethe bill was to be sure that each com- mLrIcL )

munity knew with precision wb" Mr. ROSE. I thank the gentleman

acutely bazardous substances existed for yielding me this timeIn th" community . That Is defined In Mr. Chairman, the gentleman that

"those substances which can pose Lm- Just prec ed me made a point about

mLnent and substantial Lbre" to agriculture. and I share his concern

public health and safety ." about agricultural reporting also. But

The Edge amendment loves th" I take an entirely different InLexpretaprovision to de"11%. It requires so much t1co. and bemuse of that I oppose this

man Informaillan an so amw awe

amendment.

substances that It will no" It an but In Me da~t th" Is befam yw.4

impagible for all but the viary mast so-

'Itessens ; to Vote 'TOL, - It ELM "rho

DhilgiAmLed local Savernmentis to be EPA bes tun dimmeu0n to set both the

list sesil the rwPortlitis UtreshoW so
p. 2 2

there Is 00 Problem with burdindiamn . orssident Of the Amoc-,juloo of A,,

numbers or paiperworL The& is Lbc can aded.1cic Couegea followpoint trtat. Mr. P- wag "timapuris OW40TICIO" M Aavacv%rv"

to rnalge . 0-= or -st sx~sv--

It to for that very ressoft that I am A'"111100~ D C

worried .

I am womed because I do not Kan R M.omxnow what the EPA is going to say R.-X-.0 4f,-esiv r"".

both the lkst and the threshold is A19MC-'Unt Ho~ 0 !

going to look like. If we had the WL If WaaA .-gLom D(~

the threshold. It might be res .

DCAA CO-Cliticsfift . .

we had treenely concerned add, .me w1jon sonable. but since it is not. we can only IS&L week Oy t .'Ie H-~ of R,o,~-,_ :m3.gtne the worst. The National sooplint trie Edgar jimenc-nt ~,, Le

Council of Partner Cooperatives says munity Right to~Know ~i~on of -7-

that Increased reportme can cost us Perfund AgmerldmenU Act f t965 ~a

more In food Prices. The American adverse LITIOSC!, It Oould fts" on in . m.,

Farm Bureau Federation is co=emed Lir"ay trouoim farm sector

that Without the threshold and with . Because of the eiivaraion of the der = .~.c~

out the list we could have every of extrermety Laxic st ;naLinacit' prov~cec ~

farmer sending in a report for every file Collar Laceric-ment and :Oe broad ~-x,

Ins requLnermenu . o~er are rruLlw n

application of a pesticide or fertilizer. could tie r"Clut"d to m7lclie WC I urge a "do" vote. emissions unforrriation a ocaj Mr. ECXART of Ohio. Mr. Chair- Planning agencies I do "at b .11el .

man . I yield I mmute to the gentlitman Irtformation wLL) Pro%tde sny em~ir-~--~

from Kentucky (Mr. Sarrilen L Protection or newtri oenef~t to the !itrMr. SNYDER. I th-All the gentle- or their local oommunit,ej it wia . nas.eman for ytetdling we Lble tircia.

I)I&OP ad additiona l

Mr. Ch&LrmAwL I

would Just Uke to tuaily burden3ome reDor-_.r:c

follow up on on" the gentlimsen from hem .

North carcuims Bob& Mr. POMY may I urge the Rouse to reconjider kis pas I -,n

believe and defeat the Edear amendment .

that it will not hurt the sincersity .

farmer. but the EPA says It will. In jostia R. BLOM their letter of December 6 . they said it

will cover over I million farmers . The

Department of Ag"culture believes It t)zcckam 9 . 1985

will. In Mr. Block's letter of today . he DILAA REPINJILLIPMATTrIC 'he ausacicuu .w ~f

Says. AmericanSidedicial Colleges, AAMC) LAc t-,

Because of the expansion of uke definition W,,t,r,,,, Ame can Council on Education (ACE, Lre

. "Vre" their ODPOsition :0 orovided In the Edgar amendment and the

broad reporting riyouiremeraiii. over I

million Edirlar-Sitorsai amendment added I= -d,

tamerll could be required to compilt to section 31 1 (c) or K R. :617. suliI

and Afbtrwbbm&o Of INS.' An wasendimeng f submut insunsicift informsubm to local emer.

be Offered usicounimmUir on Lbe House not, 'I gency and planning agencies, strMe the Edgw 311corsiat tanguair, f r

The Arnertem F4Lrm Bureau believes H .R . 2217 . and we urge you to support

that It does. " does the National effort.

Council Of Plarmerig. In addition to Out Associations ccllecu~vly retirement

that.

Institutions Of higher education &Z _6 U Mr. Chairmilaili. I would like to in* nation s rna,or teacn~nc mosomas. ~n bring up the point Chat the Aniscla- "med that wie meiutw of tne American Itton of American Medical Collelliss and people be Protected Ldaj~m me reies,,e -r

the American Countill on Education. haftardous substances rito !me eni,trahrme

which are Cho organizationigi which cal . Hesiever. the exLerul,e. cos.1y and t,rme~

lectively represent All inautu-10- of surnins retiarting requirement& that soo7j

higher educlillion " well && and get be MeCIPSNILArOd " the Edgar

thils. the Nisitlen's m&W teaching had. le'Y an Unn"3fi&M!y r.'" cost in a wet ; n

Pitials. indicate th" UrAkT this tended but faultily executed Instrument ~a

provi- acmie%e that omective T~,Ls Provuion

sion hute, amounts of resources will quires the monitorinir %no reciorting to -~ needlessly be iliverted by reciturtrill in. gover".ent entities of the reiesse-hose- stituticinis to constantly monitor the infint"IM11.1--of criemimill hlcn -

release of thousands of chirmleels used know" to cause or are sustiected of cx~;nir

In onscitnic research WW patient care Cancer birth defects . inneritAtle gene,, :

Activities. mufatiorm. or otmer chronic MeLlLn elf~'j

We do n" nesid to do "olence to In huntans, Under it. nuile amounts of re

scurrits could neediessay in mverted. by re- these orrisaliciatlionis ang! their offifirts.

iiijusne institutions to coramnuir moruLo r

The ftA god of the ligiltses from 3sc. the Wean Of thousands of cheaucs" ~d

retary Block and Dr Johlit Cooper. in crigotind reavarcrt and Patient care acuo
p. 23

4 :',

ties . Dangerous chemical vvivanes are al- Mr Chairman . the plain and simple

,esd, regulated nder the Clean Air AM truth 1111 that Elie Edgar amendment

Wh 'it it 1 .1 reasonable to M"UUV UWULU- has the potential to devAsLA&e our Ms .

tons to r~~port to local government& On the Lion's small businesses.

-,ease of wuws that are SeUttlif U0111C.

at Since P,,,, e of this amendment, do" H PL-2817 . it

)a

not reltaonable to Man, e

date the reporting of the Smallest amounts have heard from scores of small bustOf SUastanCeil that ate Only SUMPOCted Of neSsies urging tnst this oce be reCausing health n2JUL At We" here IN LA-9 W versed. I h9ve A letter here from the

prooriate balance, of heoutti a" environ- National Federation of Independen t

mental considerat one end the operational Businesses, representing over 500 .000

realities facing indi,ndulu institutions, Un- businew owners. strongly urging a

fortunately. the Edew amendment is heavi- no ' vote.

ly tilted LDIVartu 'Achoste feen aftut The onmal comprorruse cill s provi .

riesith nasal. There is conmi.Liely almost m 3kon. speed to by both '.he House limit to the reporting r"UtromentA em .

bodied in the rAgair-611torsial amendawriL Energy and Commerce and Public

we urge you to reject this amendment and Works Committees. already addresses

focus morutionne efforts where they are the public's right to be informed about

most needed. huardlious sub&&&nc*s, the relefutirs of

sincerely. "which are likely to cause an UZLMIJoag" A.D. COOFCL W.D_ nent and substantial endangerment to

Ph.D. the public heialth." Funher. it adPresuataL Assocastilall Of A merwan Xtd~ dresses the needs of the emergency re-

'Cal causim sporLse community to tnittg&Le such

Rimum H . Arwitti. endangerment. The cornpromitse bill

P11"Silemil. AxWTWGA COU*CV on Zd%C6- establishes a careful system of planWrit. ning and preparedness for emorgencieit

Mr. EVGAK Mr. Chairman. I yield involving release$ of hauzdaus suo~-

I minute to the gentleman from New st.Linces.

York (Mr. MOLIWASU) . The focal point of the Catnadurilties

Mr. MOLINARI . I

thank the gentle- Right To Know PrograM should be to

man for yielding me this time . protect human health by ensurin g

Mr. Chairman. in I minute the Su- that an emergency response Enechs .

Derfund INII that we will pass IOf" is nusm is in place. The relationship of

going to do a superb M uW we have the Edgar ismendn .ent to this goal is

addressed very well the tswule of acute not apparent. An effective emergency

relesses. In my Judgiment. something response program should not be burfar more Important is the ism of dened with extraneous data and paper

chronic releases. concerning emergency- ruxis which are

In JUJIG Of this year. My Staff 000,1111- not reall. Volumes of paper and inforpiled a work called "Ill Winds" which (nation of no partilcular relevance will

was circulated In June to every office . Only dwreas" the danger that a true

What it shows Is that as a result of the emergency will not receive effective rtacute releases, those coUritift that an sponw. a point made by the Asaccladownwind of petrochemical complexes tion of Counties and the International

have smaitingly high Ustridences of AssicticuttJon of Fire Chiefs .

cancer. INOW. we do not (GO" In 112113,01t- EPA Admutistrator lat Thomas ham

inir. we cannot claim, It is a sclentifil:

Informed us that . under the Edgar

work. And we do nOL But the (AM Are amendment. aullions of hardware

indisputable. Lack at 14 . If you read It. stores. beauty parlars . Cast stations. hog.

the arguments for the Edgar amend- PILLIL schools. diry cleaners and deparT,

ment isto compauling. ment stores will have to document th e

Por an am 1111m mim this is amount of a chemicals. in any

Mon far LMOUAL that are released . This would Important than Wut*. releana. I

be reQuired regardless of the sue of the bell you. 1 um youl to xumwt U" business, This im"Ost little sense . Edgar amendment.

I urge my colleagues to reject the Mr. MCKART of Obilo. Mr. Chair- Edgar amendment. man.

I Y*ld I milinulte to the geside- in addition to the paperwork man from New Tort (Mr. Lwr). buirden. thaw newly-covered business.

(Mr. LENT allited am was ell"a per- as might be uransumbit. given Me missaois to revW and extend his rw a .. nd UhAvallifillittlitY or almillbilUvw marlas .) cost; of liability Insurance when so. Ur LJ24T 11 thank: the gonLiersan CaUed -tolaft tarta' am UULUU*t

for yielding time to me.
p. 2 4

toxic cheaucLis

Mr. EDGAR. Mr . but only those th&A . ChLirrn&n . I yield are wuteiy toxic.

" OPPOsed to Choose, minute to the gentleman from Cali. that are chronically toxic. That rnew%s forrus (Mr. WAxIaAml .

they will have no information provid Mr. WAXMAN . Mr. Chairman. after ed to them with regard to Lsoestas

. no the BhOpQ1 tragedy ire looked at the ln[OrrnaElon with regard to 11oxirL

chemical Industry and we found that PC`B's- benzene . tuolene. ad kno%-n miany chemIca" are coming out of ciLretnogenk niater,LLs* -111 not be re~

those chemical Plants around this CILdred to be reported 'jj1der the provi- country . We do not know about them- lion Of the FdgLr amendment . J

Only six are being regulated. Rather struckthart regulate . the Edgar amendment "V- *fVM Mr. Chairman . he. we says at least let us get an Inventory . Pe"c"d is fleall conaiderxCion of H .PL 2.1417.

This is In the bill now . The community that -4"Perris"d bill. it -- expected that a

right tO know is the right to iLnow "aule slill 1101i made to rvronitider the

what is going Into the air that people F49116r-81111411nilul amendment which we

are exposed to.

1-011417 6111410"al late lam Thursday evening.

The bill says that only those very At Liket Class. I " 0, ew-aa, 10 left

toxic chemicals will be ILsted . That ex- to r4fain theive jimpartsial Paul, has"

cludei dioxin . PCB's . very ditingerous WU- ressurersiata.

chemicals that cause cancer and birth As brought to tka floor. H .IL Z817 P,

defects. Ut us at least get them Itsted . VWW ftr a critical step toward '..'

Are .9 you worried that they are going that OUT rOfftl"Unitles-their citizens and

to be Usted where they are restIly not a ~ emergency response

factor" Well. the EPA can only list would be al'Prised of the 104umes and t,pea them if they are over a certain thresh. of brute substances which are emitted into old. That makes It so that we are not their evivirtinmentii, That 11 a long-o,erdue regulating to get Information about step. The authors Of the comPromise ,wper.

chemicals that are not really going fund legislation are to be commended for into the lur for a large simount of ex- Laidne this action.

Porum. If they are going Into the LLr It Is i-POPUBt to not. that Ch . Edirsr . :5j .

over that threshoK we ought to know korsid amendment doeL A, adopted last

about those chemiccUs that cause Week. this Proposal simply extends the Col .

chronic disease. not just those that kill tragst of Superfund emissions inventory np- people Immediately. quintments to include chronle substance. .

It you believe In the community's including such clearly recognLited dangerright to know. they ought to have this 040 substances " dioxin and benzene- On Irdormstion so that they can then use th" "Cher Mnd- EdgLr-Sikorski do" not

it to say that they want protection impose . ad Its Opponents he,* alleged. any from thaw chemicals that kiU theoL o"rous reporting requirements on andus

.

The CELAMMiiiN. The Chair recog. Cry.

'a (act- 00 adopted. the amendment

nLM the gentleman from Ohio (Mr. C-Lfi diffie-tiOn to the Envlpsnmenuu

ECK"T) Who has 3 minutes remaining. Protectiost Agency to set specific threshold

W. ECKART of Ohio. Mr.

Ch 101411111 44 which the reporting

Air- requiremenLis will be ietnerett man . I reserve the balance of my I believe that this maao,~ time

for the purpose of closing the debate.

able c"PrOM'Se will Prevent LSO Unneceiii

.

The CHAIRMAN. The Chair recog .WT 'MPGG#UOO Of them reporting requ,ts,

ITIVICA " entall business an, nizes the gentleman from Pehrisylva- handlers indanduall

.

ralli (Mr. Eno"] who has I t% Minutes

remounting 3fr- Clistir""i". Over the Put decade. our national swarene" of the long,ermi health

Mr- EDGAR . Mr. Chairman. I

30 seconds to the gentlemart from Ne yield effects

w

Of exposure to even minute levels of

Jersey (IMr. PLontol. hazardous substances it" grOw" consider .

ab'Y- IU Assencian Public has rightfully, (Mr. PLORIO asked and was given demanded it,- It

periss be Protected-to the max .

inn to revise and extend hw re,

marts.) It

11000 ftlaing fassibi-rions such exposure .

sees" but " small step In that direction

Mr. FLORIO. Mr. Chairman. the '

r"Uirs that large volume handlers of

result of strUiting the Edgar Lmend . both W1111411 and Ch""Ic substances Provide

Meng from the Will will leave us with a our ertize" with the information

"Mftsary tu"100 where COMmutriftles wW have to assess dangerous chemicals handW in a right to kwv what It to to be report, their communities.

ed in the annual report with regard to Ussur-Siko"ki PfIvidde the opportunity

10 take 4 1041119-overilue to .ard
p. 25

4 :',5 2

Ing ear communities and I urge my eoi .

learlsen to retain this important provision tiona. IFLM that It v" sLmLj&r W that

IN the legislation before us Loday .

which passed unsruniously ~n the

The CHAIRMAN . The Chair ree. otherbody. And second. that there had

OgntZes the gentleman from Pennsyl- beer' an Adequate Opportunity to dLs .

v'uU& (Mr. EoGAml . cum theme Proirtsiona,

Mr. EDOAR. Mr. Chairman. the Well. hfr~ Chairman . in fact what

gentleman from Pennsylvania Inquires has been the case IS Lhat this Provision is not suzw&r

Of tO what I' Included Ln the manager of the bill whether he the other body

. In fact, our provision has Only one additional speaker in his now. as amended by the Fdgax Sikor.

time.

ski amendment Mr . does not include ex .

. ECKART of Ohio. That is cor- erriptions for small businesses that

rect- I am the last speaker to close Produce twenty- thousand DouricLs of a debate on our side . chemical a Year or less . businesses tha t

Mr. EDOAR. Mr. Chairman. I yield use LwO-thousand pounds of A cremi.

myself the final I minute. Cal A Year or less. or that employ 10

Mr. Chairman. (or the life of me . I People A Year or less . These are funda .

cannot understand what we are trying mental differences.

to hide from the American people. We I supported the Edgar-Sikorsid

are talking About Poisons. Whether amendment because I believed it had

the Policin kills you today or tomorrow substantial Support in the community.

or next week, we are talking about p0j. Since Its Passage . I received a letter 30112. from the American Lung Association,

The bill only includes "acute ." A Croup which Was listed on the literis .

unless the Edgar amendment is there. ture Just distributed on this noor as U3

Does your community have the right Support of the bill. Let me read to you

to know whether workers are being ex . what they say:

Posed to vinyl chloride or dioxin or tol . The American Lung Association sas not

uene? Does a mother have the right to ccnlult@d -sardine support for this specjjc

know whether her children are play- amendment and Is unfamiliar arith its con .

inif in PCB's or dioxin released from a

tent and therefore tallies no positlofL

nearby (&CtOrY? Do pregnant women NOW . Mr. Chairman. I have not had

have the right to know the amounts of an OPPOrturilty to examine all the

discharges which may cause birth de . other alleged supporters of this par.

fects in their children? ticular amendment. but I certainl y

I Say YOL and I think it is Incumbent urge caution regarding the represenupon this House, not Only to listen t&tIO- which have been made .

clearly to what the amendment does. We have also been told to rely on

but to support this amendment . It EPA's flexij)Uity. WeLl. the supporters

does not impose excess burdens on of the amendment said they oppose

small business . It does not impose the Energy and Commerce bill because

excess burdens on farmers. It helps it gives the EPA too much flexibility.-

firefighters and hospitals and commu. NO- they SKY. "ItrUSt the EPA because

nities to know that poisons an in theur it I the nexfbUity .**

communities. It has been Argued that this provj.

We have A remonalbUity as a House siOn Is stintlar tO the Senate measure.

to give them their right to know. but in fact the Senate has only a ternMr. ChairmaiL I urge support for POr1rY Program not a Permanent na .

the Amendment. tional enforcement program. It as

The CHAIRMAN. The Chair i g. represented In the Rscoan that we

n the gentleman from Ohio (Mr. were looking at between 300 and 400 ECKART1 . chemicals tops. when Ln reality we are

Mr. ECKART of Ohio. Mr. Chair.

talking about close to 5 .000 chemicals.

man. I yield myseff the balance of the Mr- Chairman . I believe that we. or time. at least L was Mislead as to the direc.

(Mr. ECKART of Ohio Asked and tion and intent of the I&n"ge. The

was given Permission to revise and Impact. Its breadth. the similarity of

extend his reznwk&) this Amendment to language allegedly

Mr. ECKART of Ohio. Mr. ChW- Included In Its exact same form in th e

n L last Thursday I

joined with the other body. is not to be found in this

m&JOfi&Y 01 YOu in v09ft for the Amendment. An analysis shows how

EdgILr43UwnW amndment. I

Joined much was left cut of the Edg&r-Sikor .

with You in -Ung for this amendment ski Amendment from the Senate provi .

bemuse Of tWG Important represent^. s'0n to which It was Allegedly similar.
p. 26

4353

Mr, Chairman. it is not easy for any question is on the Lmendment.

of Us to change Out votes . It is a dI"l- The question was Laxen. Lad t!~e

cwt propositlom but as Winston SpmXer pro tempore aanounctd,

ChurthLU said when asked why he tne noes appeared W ha~e itmade a decision chance during the Mr. EDGAR. Mr. SpeaAer. on that

course of World War 11, *1 made yes . demand the yeas and nays.

terday's decision based on yescerday's The 7ess and rulys were orderedinlorniation. I make today's decision The vote was Laken ty electronic

with today's Information-'* device. and there were,-ye&s 21Z nAys

Today's information shows that the 21 1 . not voting I t . as follows :

supporters were not correct. The Ian . [RouNo 4441 SuLge wai not the same . The Impact is YT-AS-21 2

too brasd

wlth correct htndsight, the EdgLr-Sl- kddwbta

. too deep . We need to reject, Acll~~ Glmm Owl 0, Im- 0~w korstj amendment . ks." Glsm~ 0.~

The CHAIRMAN. The question U on lu"andu 13.nsliun ft-t.

the amendment L12 the nature of a sub~- "denloo G.04LLrw FL-

%flnunfilo C-ton F~_J

stltute. as amended. AoWft,%&* 0-Y, rL) P~Vmr

The amendment In the nature of a upw 1JMY,PA) F-~

AULIM G -n PICi".

:ubstitutt . as amended. was agreed to. AUCOtO Ggg RA-d The CHAIRMAN, Under the rule, aerhes G,Lrw R~Cel

he Committee rises . B&L"S H.U 108) R,,d

Accordingly the Committee rose; Sed.0 H.-Utmi R~ruurfto o

attlensen Ff.

.~ RAAM

and the Speaker pro tempore (Mr. Se"AlML Rilym q~d.

BROWW of Callfornial having assumed Bere"A H .fw RbUVOh

tne chair. Mr. HOTIM . ChLLrtnLn of the al"M Re~l RdLw

BoQuen Komon R~

committee of the Whole House on the BOLA" Fowd

State, of the Union. reported that that Sonwr cTN) Hucz"r R.""-JU

Committee. having had under consid- Sonlor 1 110) H .grft R-x~

erstion the bill (H .R. 2817) to Lme BMW J...M Fto "WL Mnd Scame Jellords R.=

the Comprehensive Environmental Souefter J-XLM Ru-o

Response . Compensation. and Liability so aff K&nJQMlU S"*

CA) X&V&ux S.r"V Act of 1980 . and for other purposes.

=*"I K-4~w S .~.Q

pursuant to House Resolution 331. he Brillart Kennelly S' .-Ifter

reported the bill back to the House SurWo 4 CA) Kadw &ftnld"

with an amendment adopted by the C3uxL&~w KI-i= S~ft-dCommittee of the Whole. NVW Kolbe S~n_~

May Kolw Set-ing

The SPEAKM pro tempore. Under Clinger xoeunsy~ff swvaso~

the rule. the previous question is or- CoMemn (Tx) L101WOR ShwV

dered.

coulm Lmium S%Xorw

cor" L.-ft t EA) 31MLn,FU

Is a separate vote demanded an any con"Ill Lbmiuml,rU Slm",IA,

amendment to the amendment in the couchas L.J." aguth'.N.I .

nature of a substitute adopted by the c L-An'bal S-Lix Robat

conle L~.W (CA) X11)

Committee of the Whole? O%Whi* uptirmw St ."

Mr. DINGELL Mr. Chairman.

I do ka Owes LnX S.I .M

demand a separate vote on the so- D*Uuw L4wrT (WA) so U

Oft" MW.9" St C..'"Wo

called Edgar amendment. 0,100VA111111 V.Snums StaggThe SPEAKER pro tempore.

In a 01"a M~*r sta,~=

setlairate vote demanded on any other Oohnalj"., 4.&11~ StAlt

C4,"A Vww S-ft

junendment? Downty M ."Vulew S :,dd.

The Clerk will report the amend- Ourm mcclagael -1,o--,0A)

ment on which a separate vote had D 7-

been demanded? oyme McDaft T~-_d

Emir CGMLB T -u,

The Clerk rese. as foUovm &JOW McHugh -,1~9

Antendisient; Pass 279, to LLIMP 19. iOWft

Ed .. (CA) MCKWned T_LAJ _

El Sch Mhm U~"

trw followtair before the Darigioll; "aind clilisill- L111102 (ni Milubw V-w

cals (with as ~ Chloride. beciessis. asties- reanu MJUor~CAI vu~clolw

toa, anal PoW chlortnalled Uphortyls) which ftwell MiUw t VFAj VoULnwr

ere kiMMU W CLUM Or AM suspected of owo- rum Mulaul,

tnk =1001P. bU%b defects, heritable ife Mille Pull MlLch*d

awlasifts. or otbeir chrenbc heallb affects run* Messier

rkwo melandws lat 111111011W .

recoma

This aPEAJ= pro tenspore. The rewull, Morriege (CTI WV%h
p. 27

43.~ 4

P"Aa "raw& W%w somm 1111-Amoner W-AWIM

chum Murefty miss mr..ft InDor . OA D

owl" now Mean, Cb""N 107,1161011

O&Ydm wpaw gaw F"We

Otidenson 011AM TINIA,

Oevahra Oter"Afir ""ran lots

MAYS-211 Mr. oc LA GARZA iLnd 'Ar . ALEXA.NAMMON sartiou DER Change LheLr Vote@ from 'nALY" to

ADUWW subw

AeobW a~ Sothe amendment was &creed to. Ar=W sessw

lbdb~ maredow The result Of the vote was an9wow4 ar"Mo nounced as above recorded.

WIP101111 4CO) am" The SPEAKER pro tempore. The

ft"1141111 Raw PWW question is on the amendment to the

09) Ron Pulsed

Zymnob I Hootim QULD413 nature of a substitute. As amended.

Rover Raw The amendment Um the nature of a

Cam sub"M R.11,1111111 substitute &CLitnended. was agreed to .

cLrrAv HQn%ff Futter The SPEAKER Pro tempore. The CWr Hutw Robh'q&

Chandler Hyde Resole question is on the engrossment and

Ch4maGO Ireland Raw third reading of the bill.

Chap"13 Johnson 1110111% The bUl was ordered to be engrossed

Cheney Jores A KCI RValsind (CA I

Cowie Joneelog) RUIM and read a third time. and Was read

Coney Job" IT") semeor the third timeCoble ranch schuQuill WnaN TO nMCDOWT OFIRMILMD IrT K& U LAT

Coelho Keely schume

coft"ANIM01, Kindness sheer Ur. DdAT, 1dr. Speaker. I offer a

comb" xrsmw 8"" naacbm to recomnlit.

cvom LAsonarano,

Ilhverwihy The SPEAKER Pro temoore. LA the

crew LACLA ShuAM

CMAR Xesupi (Tx) suillader SenitlemAn opposed W the bLU?

Crockells Leholfin(CA), MOM? Mr. DzELAY. I &= Mr. SpeLlter.

00110011 [AM steel The SPEAKER Pro tempore. The DUUWONTqff lAww(CA1 Silence

DU,M Leine Irti 31"Lory Clerig will report the motion to MomDemo Ughtfoos, auwnwr MIL

Dawle uvuwmwa Solilth I HID

DOLAY IJ*3'd 3ddtlL OMW The Clerk read as follows:

Derrick Ladaw (OR) Mr. DeLAY moves to recommit the bill.

DOW?&* LAU ftauL iuows HJL 2817, We SuperfUnd AMOrAMentill Of

Dieftlawn Lowery (CA1, toxi lots . to the Committee an Energy and Coub.

ouwu IAJ" an~ merce. the Committee on Public Works and

Dentess ICA) Lakes 3olessest TramportatiorL and the COULMILLee 00 n, IS EAddim so~

Draw LAUNPIPM Stangeland Ways and Means .

Duane "am stmeamun The SPEAKER pro tempore . WithDvwmW bgadWM aarseff

Kellen %on) mmisew SLnues out objection. the previous question is

Sicken fxy~ Martin (ni at~ ordered on the motion to recoulicalt .

zewerse (OR) Martin (111T) Sueskmillst There was no objection.

MM~ woom aw4am The SpEAEMR pro tempore. The ft9ma McCain son

LVW04"1 MoOlindline, swuhan question is on the motion to reco-MAL

F"Bus hiecou~ 8~ The motion to recomm .1t was rejectFiedler was~ Team ed

. plelift MCK111101111 TOAKO

pow me"M Iranian The SPEAJCM pro tempore . The

Fowls (1101 Uk" Towles, question is on the pasuge of the bLLL

"(TM idedohm Theasse (CA) The question wu taken; and the rnmuuia ktwkdou V&~mto w

IF Monscowery vander J"t Spe"er pro tempore Arinounced that

Pros weem vuelownen the eyes appeared to have it

PU*w woorhmd Walker Mr. WALKER. Mr. Speaker. on that Cos" Mornew(WA) WoUldins I delinsand the yesa and nay& auNruk iturom wiuuwkum

Giresun MYSM Whether The yeas and nays were ordered.

ckwjmo 30aftbw whiazaaw The vote was taken by electronic

owlawmm ok"b wu~ dowke. and there were-yesis 391 . nay@ ROIL PAN" Nielson, weruer

ammmmrmom" Olbum wrient 33. not voting 10, a& follows-.

Olla Wrap (RoU No. 4471 TOWN! (AI D

amdw Puftwd TOWN (VU TEAS-301

r- venw(leo) AC&OW" Cos" rlivas,

rmmmarm x0ma" AdMOW cow rim"

ParVOTDOG-11 AN&M coo* racell"

ANSONdW Policy
p. 28

AINOWPONS Cmb"b" No I rard~ be) P~ :.Irt

A&1&9" CWARWA TZ) Pipes TWI L.,wome - CA P,,"

W%ndej

AMOM~ roww Lmro :CA, ft~ sr~

AMIASW Comis FTIZA L,~ PU P,._u

ADOW91140 Cmrm rttrori udmfacii

UP'Aw R-&"

A LUALUWS ruqua U~nsrwn R.,W1 7 .

AUCIPUR CAundr Ow" UOVd rh~,G A,

sernmd coy" O"Cla LAI W Cda"a "m

R".14 Tw,,as

Craw O%rdQff L~erl CA) Reid T,~UL

as$~ Craftem Gemens" LAam,, WA) Rjeft.,ftm T~-a

B"Ad Get" Wim R~dge rrajbmnt

Sod@U Gimptiam Laeei R ~madm T~r~

B"bW~ Darden Clibbou L~df- R

,

tw, Ud .11

a@nMU 0 LIWAG LA~cma ftbuuaai V-~

Se"113*7 Daub Guwneh bdm Hdaw V . .d., jw

adgwtAr 069% 0Uck=mLn W"KAy V-~

Berm" do is Own, Gonawis U~Iffm R- VwcA_xF

Or"a Doums" 000djumf I'muiek Rostra V. .k-r

911540 Don"111 00fam m axt.7 Fil- V _-eeh

8111irs" oewtm Gradlison wArun I [L) R~Mjtii.M Nwkim,

Bluer ow2inew Omy ~ZL) W&MLn I WY) Rom . W .~

110*11,140% DbCU Gmy PA) W.t1jftem R. . . W-iix,

80940 Dowell G am M.L, .l Ro%tand,CT) W-,

soluld Dwa0marst Or"M %dii'mWes R . .Imirid IGA, wow r iTW) OU" Grotborg miumu Roy~

soew I MI) Dommuly Guartal

K

.Cami Ft~

a..., Dormho 4 ND, Ounda"'an mcc .11W. 3". 111,UU.1

sarlau Dowdy Rau (ON) micoutty S...a. WNLL"er

SIMON Down" H&LL R"oh mccollure S-txim wuuargmi

Boucher Draw Hemuton Ccurdy S~r%Atfer WIL_

snow Du~ Hafiftimparachmidt McDade .9cff- W,,th

arommill Downs manom

111twn

5c".1", WL_

aressuiew Do- Rallawn, camth schr..dw ,

Orwwm :CAJ Drommill VA.Lum h1cmush sc,mu~ 'W~

orwo Cot 07vm RAM mcxir~ 5chIIjw Wru"

greywa mom Ratner mcmillm,ft scritinim, V,-,#Mt

argm ricam (02) Koftel Idey.m S..brHuis Wydm

Bryan FA~MW M.1m WYO.

aurtme (CA) f4ww* (CA) Ron" P=ftff Sham Y"_

eo§LAMMM" onsima R~ MILULSW Sham, T"rom

evrm

Cb=PNU er

orer4wo Rum CA) sheiby Yo-w ~ FIL)

tv~ :zm KWI L WA) ShumLer Y .. 4, MO,

cwrap Lvwn nj a .2-ata sikorall zwft"

Carper Poona R!!~- Mitchell sumnifter

Corr nams news" moaj#y 3LS .Ly

chmosw Palo

Choo~ Emboud

Cb"pw rbmdhw AMPwr DOLAY hdwk~

Plans muse" &~V D~ CA) M-Ld"

Zw pub same eadhams txmiert,KTI ml.wam

111,119 maimmA 416mrs aaAke" Edwwft (011) Otta,

troww"ad Gamma aw-'an cm&wrom Raftnu;

Jason 41OLIfiry m1)i,,1ww P11,0900 Rudd

jolimm"101 swagater purism ( INI KArLWU shummirmy

ismom moom an" 4PL) Ca"Ahan Humor SL~roan

JONIM" blawrAse fidamb 4 LAI Choral Loath iTV stl~

jofts :180 Morrimma (cr) SOULh W9, comb" L441nor Thamisa -CA)

Jonas 01K) Morrpam4WAI 8auth KJI Cnmw LA" Tours (AK)

Jonas Two Kral" aw"IL Comes,

RARWNN Murphy (on) NOTVOTING-10

Uruw &Mftk VA%wt

s, 10

urm (KN hamriOllij W~ O

zwommadier Noichar SMAUL PAOM Cb"NN wow=

K~ now (Olt) Win FMO

X*njWO NiChols ans," wesiom wei0mm

LOON, N"" Snyder 0 1930

KLado~ 0 and" 30kars

Kum" Onar seig~ Go Uw bilil arm pommed.

saw oberaw apwm The regWt of the vote Was anK~ ce" 3~

Kanak&Pff Oftft 3L Cwrwm" nounced as above recorded.

rru~ Owns Aawtion to reconsider was laid 00

L&FOM 00" the table.

Lmpmwvim Factors SLWW*iww hdr

. DLNGELL Mr. Speaker. Pursu- LarAM rwwm atom

&AM rum steam ant to the provisions of House RawluLaos (1143 Pwd*M auww Uon UL I move to take tram the

Liffigaps, 'CFO Poona skramus apeakers table Lze bill ffit 3006.

L40~Em popp y

tam" P"mw somowma With Uke GeraW amendWents thereta.

Farling and agm to the Senate Lummodnwau
p. 29

4356

to the text and the title with airiend- changes In PunCtUation . crow refer

Inents inserting in lieu thereof the enCes, section numbers and other Lech

tex is of H .R . 2317 as passed by the nlc3J corrections to reflect &ctiorL&

House and its title respectively. I Laken by the House.

would fur%her move that the House The SPEAKER pro tempore. Is Insist on Its amendrdenu to H.R_ 2005 there objection to the requent of the

as amended by the Senate and that gent.leman from Michigan ?

the House request a conlerence with There was no objection.

the Senate thereon.

The Clerk read the title of the bdl .

The SPEAKER pro tempore (Mr. GEN73tAL LEAVE

HAMMO). Pursuant to House Resolu- Mr

. DINGELL Mr. SPealler, I ask tion 331 . the siriendments are consid . urAnIrrious consent that LU Members ered as ha*UW been read. have3 legislative days Ln which to

The Wilt Of the Senate amendment& revAse and extend their remarks on is as followa: MR. 2817. the Superfund Amend. Strike out all after Lfte enacting clause

0nd Insert, ments of L983 . Just passed by the

House,

(NOTE . - The SPEAKER pro tempore. FA H .R. 2005, as passed there objection to the request of the

by the Senate, is centlimitici from Michigan ?

Therv was no objection .

previously reproduced and

may be found at p . 1311,Vol .2)

(NOTE.- The following

Tht text Of the House ameafteniLs excerpt from debate to the Senate amendment, 1, S, fol .

lows: appeared in th e

IS Iwo of the matter 9 In be in. Congressional Record on

awwd by the asn"a ligsam Dec . 11, 1985 at pp . E5555-

INCrE.- H .R . 2005, as passed F-5556 . 1

by the House, is reproduce d

in thi-s Chapter at P . 4360 .1 The Noun in Calftnuttee of the Whow NOVIS OR the State Of the Union had under

consideration the MU (Hit 2117) to amend the Camareheastva znvirtinmentai po.

8POr" COMPECOLLICin. and I.Aabillty Act of

The Question Is an the matlon OC.

IM. and for other purpose&

fend by the genuee"A firm hadusan Mr. GAYDOS. Mr. Chairman . H.R. 2w. ndr. DUMELL) . theSaperfund Amendineats of 1"s. me, The motion wag agreed I& well be o" efthe own significant pieces r

A motion to rwAngldw wa, I&W an legislation to pan the Congresii this year. i t

th* tablol . - prow"ke In With a structure for continuing

The SPr_AXER pro tmWm The and. perhaps speeding. the cleanup of at-- conferees *111 be appointed by the 'esil IhOussM sit" where toxic arul hazard.

Speaker tomorrow . oft Materials have been stored and bund.

The e0ililsrOmim Package achieves a

gnu "&I and I Urge my Colleagues to sup. AUTBORMWO TEM CLMZ To Pont IL Amk4 wisile I support tise entir. imll.

MAIM CORRECnONS IN E19. I Would like ?A lecus on am spectk issue GR06ShcCKT or HOUBZ addressed is It. worker Prouicues &Laid . AMWFDMEN'M To sENATZ ards, AM1139DUMN71 To KjL no The 6W requires I%@ Secraim, *( Lab.,

Mr. Dng0ELL my. Spe"er. I Is inm boom ant Info, standards focus,

1611111111011mcus Consent the& in t1W ellb., imig OR &rWxiR& owdical surveillance. pro.

grUIMWnt Of this 1104ilft awadments 11-dre equipsaset. ewposs"T limits a-A ".

16 UW 801116W amendissmis; to R.JL 116DOW1011! -LrOk 10 Or"IMS 10 Gftf J%Srd

2006 UW ckft be 41111thiorkeed to maike u1see workers Involved in the actue . I... Wis activities.
p. 30

4357

T%as am a -,UJ adodamis to the Siaperfuna (11se toll, ce-niat". and I sof'red

bw4Laue4L to May of this Point. the Sub.

far a WQWnUW rtferr*J *a ~h. bill.

sopsomel'se am Heafth Amid Safety cwwwc%ed

a hourlong bate this m~. It wago cluniz 11 act- If this secticoo sout -,o& tire .

from wouawny III asoad to am A , in

. d"a"d se Pw% of HJL :& 17 1 ." #-94~ 14

wiltwe by witness" from the Emorommorm. to00*7 It AM as anotoolsourni. Ld the bill 4.

Lat Pirookeelasm Agency, the Occupational Camor of As Importance 40 Ivoeboprv .

Safety and Health "mostuaratiom IOSHAL Rut 4% as a pan of ov, evis save it is

and lJW International Vain" of Operating

-ow a" forward 'a rosari .ac thisic inEarineern. that OSHA be@ failed to provide -often kpAdliag saw borag espoc4 ~

tooolc evil locasaf siaboatinceis 0 %Upv~

adequaw safeguards f4se Lb~ Workers *114) fund -Ifics be offered "try poits.b6a, ouof,

an being expected to not kim" 0( WRIC and guard.

hOAW4~ XMbt*Mk@ during the Cleanup

PreeftL

OSHA admitted that it saw Kul* need for

more than acamoloor steadifloomiciout of Central

awasmasuctieft scamolards to Proatert theme

workers 44 Superfund sitsm . As a result sof

OSKA's failure to b~ protect workors, eiccerpc ~rjn

WWUWA87 showed thosal workers were per. appeared in --ne

Witted Soperfusud ciftems Womiriag littl e

~ z areartimil asset clause& beets .

Congressional Rec~r~ )n

gle-en amd. perhaps. a hard boost. Dec. 12, '- ::35 aBy cossammat, EPA has much own suin. E5587 .

x"A rev"IrTmeate for me employees who

an ametloo-reievansig the wearing of am"

it& delf-ammussaard broaching appostratum

isoad *Lhw ~.

"in moddlillem. aincot OSHA laspectors at The House in Comnutte, of the tv-~O,e

SoPgrtond clamamp *tan fen under EPA to. House an the SLWe Of the Orion road "de,

quarommormlat. Ussame OSHA lampacters am" ounsadmuon the bill (R .A . 2alli to amed

comply wiab EPA miamadmille fear permeeassil Live Comorwriensive Envirommenciii Re.

preueLma--con@Wtrsbly men swingrat

SOMM COMIWFWXLNM and Liability Alt .1

than thar awomalards OSMA applies to the"

190. and for other purcuumm.

mom ismall mountain who ace a" Nbefy to be Mr. GILMA.,oi . Mr. Chairman, I rise in

espousing W a suabotaisce during Use martumoll stmag support of H .It IN', the Superfund

ciessup portmem, AmemalmenLa of 1985. T'his bill reppmenu,

The EPA believes of ilist sub.

the hateral work and the cooperation 0( the

fire committees of junediction, each of

SLOW= at SNP"feed "us aft so talk us" back contributed o4gairicaritty to ju for.

anything Mae then No prellectioms is ~v 7 mutation. As a cosponsor a( this importiocot

pop sorritsiaLisom to disease and ponsibily, do" POM Of litV11111LJOIN . I thilink and commend

Further. EPA aiumm mW that tat all each of Ow members of chow rive commit .

imbalances at Soperfummil miles batwe boom tess because they sorked on a bapW ."A

Identified " gives tho adirrommajazice. k

in b~ so be overly CamottiOU& fashion to #reduce a thorouath and compmh@iwive measure that address" the uratnt

The ICPA. unfortunately. dam am have Read to clean up our abandoned keticardous

jusaudletboom wrear the ban" MW marety er malevotes.

Workers. I%" is an ON" rempganotbility to response W the dilco-er, of econtams .

Und k Is ckw from the tmdowny presented malman to &Jast to-* Csroaj &me a( -iuCLm

to Abe Subeemmiusoe som Health MW safety r*K& "aly- in the bate ITWL C..4r'.11

that OSHA issnt disimog ON that it slabigiod OW G WAS)W federal program is 19014 La

with regard to weekento all Septartuand cle". ckua op too rom abandoned

up miles. vtme Olson: $1 .4 billion ew art incial, for

MY "PP@d of this mellam at HL UIT Ot Hassardem Witame Respossor ?mat Twaot .

"a not to any seems imply " Whe cow Of SaPairfusid. The law requires %he Eat- ,

ame - Uvemiciam mind Lebec and the Mamoratal P"Hfrtwo Agency to darticervalivIr

Sobmouwu" soa Room MA Safety in am dar an" dmmdrrWM main and ra," 9 power

a c all he eselosivat Jurboodioctlem, in this tan fwv* them respoossible go clean theivo

MU& Is am affect W sum Is an movematmat %baro men onto" -amid not be fail

of dft 11411111 494 samell hapsortmedy. beetaimest am"Ch . the EPA tan use Superfutiod mone,

UN laboomobiUm ham bad bw~ so the 49 dftM all the SOWS and AW hUff lot ~-

w- at -Ch- pramodhiss at sompadmand er allow now? floom responsible porum.

4"9 ck&EEW Mr. NAVOW ationlarsame, of to the a haservare .sall yeaft man abor em~
p. 31

scenarist or Swpoffuml . as its" becoming Lose twou of the corrective action from the

ocww4y sition of %M tow-wil? of the him' wasters at Overstare of tow Norge Lomas

ardespom enow onvolowen, Ttler 1910A bills pill( TUN lorwituon also astablimilers 4 ".

641 allies on we tosuowW prwuim L-60-4 trust fund to otv,Wv a c~or*hons. .*

so of the tisakew . ailing "a#*"" abon- systeen of liability and compensation for

domsed-wairse 4111:0L -Lhe deviation of the damage Caused by Oil P0116ALIOM . particular

dirty' and has 00.04 ischnses of on . ly ad simile. The trust fund will pro-4.

salser 309 oftes . To towe . the EPA it" only payment for coote of cleaning us oil see .11s,

womi,jeled clown up work at 13 wiles. T%t with wit to $200 million otailabit, for on,

EPA estimates that between 1_1411 slid 2 .5111111 single accident . White %c. York State M .

abandoned haseirdous waste site@ will re- reality hats "Labilihed such a fund . I am

seetre reeltrew Cleanup and that so to 922.7 planted that this legislation dI ha,r a

billion will be ***tied to complete the job food to cosel all $4 State&

Our espervence 'a date with hazardous RJL U17 advin brivelle sec. leVelesti-t

game management Is reft"414 In M .R. revised by dealing with a aw" Wall gotten .

2917 . filch "is the lc~el of I'moding for Sm . (..It . deadly eftI .-neelinal problem that

perfund rat ties nost 3 years as 310 billion. -at, ~ffttly its. to~ in in# silent Is . .r

This approprealmeril repratiminia swere than a (nocre4q . little coarealroemm a( rasisn"

sixfold 'iscreemet than that sheirls ." appris- ls%e rvidelet top has* livern di,coiered al4pric

pnotod for tow 1"111-63 Program Y@GrL the Kirsidiat Prune, a girok-c .cai

This bill conwins Many Of Uw Nsnw Pro- that run% through porlt of %es lock %*%

imseone of law. yower's Stiverfused bill. a bill Jvr-e% . Peeeri%ikanla. and 06nnettecul I

Milmich I also Cosponsored and which the a . deeply cti a'r,rnird Sh . . .t in., problem

Hewlett adopted by an owtmhelmjng hfta.~ it affect . "alt rif in . -, -n,m.

W4LrOft . the either chamber rite. in Orange (ountt, %N %umerodid not set on that Superfused bill Wore ca- 0 lung cancer ha~e been attributed

sildiourrinvent. said it is areas"" for Con- to the A:aturAl mi-oo 44 milun ga, and

Sri" to repeddivis Level emitting issue . que-1-fts remain as to other loot term ef

Smact this little Susharessimme for Superfund firell Of tsillo-ure to thig dangerov, gim A,

expired on September 31 of thies Yt". it is a C-plamilatter III` etittal bilk %hich a" con

of %he minagat Impomilice %kill " logitsis- rernod still the radinn to- fernhipm I am

Logo be onsuriod into law in order to "a-* pit ;i%ed that M .P. 231 -. take% inil rtr~t Feder

off howth throw$ a( dwao-rom propmer . al-t*p1l to correct th,~ health hazard. The

Us"& bill pree%mlele funding for radon Cas ?f .

ix light eir the &law Progress made by the -earch along the Reading Prong area as

EPA Loewe far to Cigarettes up buardow Dan of a national &,iee~%nmrnt of list isrobwhites motes . H.L 2017 swe a LmoMble by lent . This returarch is to lead to federal ree .

which to baps Cleaving of Ube" tit4* The orriffleandations of mellindt to rentod .ste

EPA in M46ired 90 COOMMESCO CMORVP CON' radon Contamination .

Ariecuese work at me fewer Lotus M Was I fully support all of tke~ maw *,a,,-

becereen finceel ?am ISIS OW 19110- %"*"- smeeft- of the bill. and illide I commend the

W onifeerso constants Standards WN mtsb, committees for their sork on the right-lo-

!!ahW by this beff. and ties ILPA is reigning know areettsonas of M.R. 280 . 1 plan to

is ;ojW pagnmetivent eksoup NAVUDM to itespole--m the Fillior amendrivent . A . the bill

Lisp amextenurts trew"t pfwticsb4- Whom a is currently %orded. facilities are reouirrei

forressespir"I cleanup atellutiom a so proved- to 'mmedivatti, not,() State &.6 local enter .

ad. Ike EPA maw pow lically reerk" total genc) offloctuis then a rviesw causing a

011111 10 4@WrM#W whelks Loan 'WOVGfWy hazardous subitgances emerffencr occum .

cleanup to adoomattly pfotvcuog the public Th* F.degeur amendment requires certain

beakh well the "wimanwaL Competitive to report on chemical% that

Another G*Rifkwd Pew Of N.A. Comte thream; health problems . rather then

=I? is I" wwmwhmeat ad a pec~ to ).at immediate health p olilems . and fur.

PMTW* tow , up of making sedw- ther resiver" roxrurve for 403 aciettly

grWMW 0~ IA&k& SWb OR&& P~ 111 toxic cleammars" which else EPA hap l6ted smile throw to The speneWye of ow drinking we part of tow acem*~haasrdio program, I itsN*r 0"t Who seem how &hm gww 1 .*-@ laid eveammemitive as lusivt a rillist two A tanks matiftrottes the W"W billion. N to vivite- itrue it cosacer~ausing cherm.calq am ll~rvg

ally impossible to pment It to~ CONuumi. emitted in time arm and therefore urge wedooll saw, wow supplies. The EPA Is aw My Colleagues to joint me a soppon of the

UWnwd text UMdtg%&" gWrw&* OttW& I- FAIW ORWOdMNA L

inhibited, eodafgftuad slowing malls aw Co. 11 .11. 1017 allows citizens to -ut erri,,eele times, law pigglimmultille party We GIEL It ghe OGAM to U" be -Imminent and lub-lah.

LFA floomen exciesixes. it to pariallned ?A peruser
p. 32

5'. f

11 .1 tattled by of

hal'irdrilds uhfarores. (11114'al or, 'I" P"Wis" 04 their dwl,bortil .o.s rep,_-

great .-Pro-ement to the isipsorfii Permitted to lot the Federal Government Irrum .d P .-

now Istinsialvess which ,, 'ad ."! '.

r .,r to carry out its mandator, -10forled by Members of the Houst q

as -pecified under the imperfo,od Rooporrowntaii,ex,

low I sal in cnmplele Agreement %,ill the" In the 3 Years since Congrqrss created

prn*-oaiL and sill seek to ilrenrillipot the Pvrfumd. -0 halt learned , ,,, ts,,,

,,ghts of cmsens by u1 ;snr( .njt the Frank about the nature . extent and pto-va,,i,#n-,A

:msondme :.

of the hazardous waste problem We ha .e

receding, , permit pe.9' F %`u`ffXw .Is. :

;sar"Od -Och man show tho co .pl. .,ty .4 peo~nal injur) or economic lol,% do, to a the k"Ards at waste sites. and we now

harvrO4,us ulistance release the right to 4.0s, that Miller th" . ft. sites :hat ,us, for riwd .cai rolls and dAmdg" in Food- caa

Com cleaned up Quickly . we have a us

real a, %#11 as State courls, for much the number of sites scattered acro" th.

~ssmq reasons I am 4upporting the Frank "61104- We under-Larid that each . .It ,"

amendment And oppo4st the Odab amend . so"Istuor charatieriv#" that moll be Laken

mont which would siesken the liability Into camidersilion in planning each clean .

amendments of this bill. UW Wit know that the an3iven are a(

A .

.

member of the New ~urk enrorrew -imaW and this, ..if not be Relpeft .,

~Aoviai dolegalm" . I am particularly Coss. The closillence we have faced is to incorp~

eer,ed that this bill be adopted because rate all of these leslons into legillac,o.

New York hat 22 sites lilted an the %alloo- which sill create a balanced . effective pro~

at Priorities List. with 30 more thou have gram that does the best po-ble job of pro.

been proposed to be placed on the list. H L terting the health and iveffort of our comZ4117 will Continue and expand Federal ef- alumilles. The Pulbic Work,-Energ7 gild

rorts. which ars so desperately needed. Isk Commerce bill metU that challenge.

clsooll top hazardous -&its sites. Such siteis The bill provides a mandatory but was .

preweat various threata, both so the long %notable schedule for the Enl1ronme-&J

And *11wort ruma. to the health and welfare of Protection Agency to clean up waste q .tm

'he cilizeas of this country. Amordintfly . I It Is a schedule that can be met . and hick

urge my colleracuspi to puts is support af moll &"are our commuslitiel that their

Ill-, hill and alsi rose its s6npa".n. mute proliferate will be addressed carefull y

AM within a reasonable period Of time . it

Imposes standards for cleanup hich so .11

[NOTE.- The following ensure that the requirements of tur"mi

excerpt from debate law* which proolea the enviroameat an

met. It ensures thatt citizens svill receive In .

appeared in the foratation &"lit the hazardous substances

CongreSSional Record on in Their communities and that they will

halt the right to 9.0 if the In . is violated Dec . 16, 1985 at P . E5658 .1 Or of they fact imminent danger from leak .

ing wasto sit*& r am particularly pleased

The Houtair in Committee of thq Whols, that the strong community right to kno w

House on the 31WA of the Union had under Prowuminiss which I supported in the Public

cortaideration the MCI MR. 211117) to amend Works Committee are included in the com.

the COMIletherifilve En"mnm*nW Its. promme boll .

sPOnm COfsPOrMUONL and EA"LlIty Act of This legislation strongly encourage, the 1980 A" for other postragison, permanent cleanup which must be (he rimstj

%If . YOUNG of Missiouri . Mr. Chatirmans. answer to the hazarillous waste problem- I rise in stilent 4VPPOA Of H .IL 21117. logia. dvmrlocti" or immobilization of waste

laziest to "Owthuns* the SuPerfund Pro. whenever technically feasible . Where ,

gram to clean up hazzledous .&a&& sit@& I 9110"isillok Parlses can be idtittirled . they

halt participated in the debate ever Super. will be Oft4mnLgtd to accept responsibility (VOW as a member of the Committee *a and contribute their fair shqoo to the costs

Pliblit Works a" Triliffillmorlaliciel 1 .4 ant a Of CkMOUP6 MOOt IMPOVWJ. Our legislation

Member off Congress with hazardes" was" Sam tkiM the communities affected by

liteol in my distinct. including Timm Beack. k&zsfd~ -sale sites wv involved a

1 .004 to congratulate the leadership of clexioup, plans slid how* so opportunity to

the commill"s on Public Works and txPPM their -itw'L I am convinced that

Transportation and EnsorV and Commerce tow understanding and Support of comme .

four how flast tffwu in pnwudns a wis" saido An T14011 to the success of clexanups. Stagairfund bill. Bob consignation how* spent As 9=Par"9L Proodwars and clonsuriveriL usually h"fs in 11104riags and debates on all of an have a stake in the proper disposal

thm vital hissam. and I ballisort Cho the final and chausup of h&zsrdw" .8A&C whells,

Of used me are ill moU, affft%@4 fly, .&,w

SiW& I bellkwo Chat thho telkilsialion will

PlUd- 4 a JILFOR& 91111norUve program, &M I

arge do sappars.

75-956 0-90-26
p. 33

4360

In the Howe of Representatim, U. S.,

December 10, 1985.

Resoltvd, That the House agree to the amendments o f

the Senate to the bill (H.R. 2005) entitled "An Act to amend

title El of the Social Security Act and related provisions of law

to make minor improvements and necessary technical changes",

with the following

AMENDMENTS:

In lieu of the matter inserted by the amendment of the

Senate to the text of the bill, insert:

SECTION 1. SHORT TITLE AND TABLE OF CONTENM

nis Act may be cited as the "Superfund Amendments

of 1985 ".

TABLE OF CON"ENTS

See. 1. SAort tilk aud tabk of contew&

Sec. 2. CERCLA and Administrator.

Sec. 3. Limitc~ow an con~ and bormwiny armhority.

TITLE I-PRO VISIONS RELATING PRIMARILY TO RESPONSE AND

LIABILITY

See. Z01 . AnoWnrub to CERCLA definihow.

Stc. Z02. Repartabk qwxtttw&

Sw. 103 Nwiew paskmL

See. 104 . Respow SUIAORhea

See. 105 Natwnal coxhapwy plax

Sec. 106 Abatemm adw%L

See. Z07 Liability.

Sw- 108. Firda"41 Mq0"thaity.

Sam 109. Peuaif t

Sde. Z10. Satim 110.

sm. Z11 . us" of Fun&

Sm 112. c7difte proesdam

Set 113. Lifiqwim jundktio% od wRwa

Sec. Ut Rdwwnship to oiker low

See. 115. Dskqatwx of function&
p. 34

436 1

2

Sec . 116. Public health assessment and protection authorities.

Sec . 117 Public participation .

Soc . I 1,~. .1b3ceilaneous, ororistoni .

Sec . 119. Response action contractors.

Sec . 120. Federal facilities .

Sec . 121 . Cleanup standards.

Sec. 122. Settlements.

Sec. 123. Reimbursement to local govern ments .

See. 124. Landfill gas operators .

Sec. 123. Section 3001(b)(3)(A)(0 icaste.

Sec. 126. Worker protection standards.

Sec. 1271 . Liability limits for ocean incineration vessels .

TITLE If-MISCELLANEOUS PROVISIONS

Sec. 20 Z . Post closure .

Sec . 202. Transportation of Aa :ardous materials.

See. 203. Stale procedural reform

Sec . 204 . Conforming amendment to funding procisions.

Sec . 205. Cleanup of petroleum from leaking underground storage tanks .

Sec . 206. Citi :ens suits.

See. 207.

Indian tribes.

See. 208. Commencement of drilling fluids . etc. . study .

See. 209.

Insurability study .

Sec. 210. Pollution liability insurance.

See. 211. Releases associated icith brine disposal .

See. 212. Research. development. and demonstratim

See. 213. Department of Defense Environmental Restoration Program .

See. 214. Oversight and reporting requirements.

See. 215. Radon gas.

Sec. 216. Study of joi nt use ol trucks.

See. 217. Love Canal property acquisition.

TITLE III-EMERGENCY PLANNING AND COMMUNITY RIGHT- ToKNOW

Subtitle A-Emeryency Planning

Sec. 301 . Establishment of State commissions and local committees.

See. 302. Comprehensive emeryency response plant.

Suhii1k B-Notifiicatiost Requirement#

See. 311. Baek notirwation requirement&

Sec. 312. Public avatlabdity of plans, data sheets. rep". status sheets, and emer.

rwy bulletin&

Sec. 313. POsvision of inf~uisn to AeaftA professionals. doctors, and nurses.

See. 31t Hazardous substance emeryency notwe and bulletin.

Subtitle C-GenerW Provisions

Sec. 321. Stale and local Am

Soc. 322. Trade swmt&

Sw. 32& EmfwmmenL

Sw~ 32t Rzirsiptum

Six. 325. Extirryesicy t7ainial and plod proymsL

Sw_ 32& Defixitie"
p. 35

4649

290

(2) of the General Municipal Law of the State of New

York, Chapter 259, Laws of 1980, as in effect an the

date Of the enactment of this section .

"(2) PRIVATE PROPERTY.-As ujed in subsection (a), the term 'private Property' means all property

which is not oumed by a department, agency, or instru .

mentality of (A) the United States or (B) the State of

New York (or any public agency ar authority thereof) .

TITLE III-EMERGENCY PLANNING AND

COMMUNITY RIGHT TO KNO W

SUBTITLE A-EMERGENCY PLANN12V G

SEC. JOI . ESTABLISHMENT OF STATE COMMISSIONS AND LOCAL

COMM177SES

(a) ESTABLISHMENT OF STATE EMERGENCY RESPONSE CommISSIOjvS.-Not later than six months after

the date of the enactment of this title, the Governor of each

State shall appoint an emergency response commission . 77te

Governor may designate as the emergency response commission one or more existing eme?yency respowe organizations

1AW are State-sponsored or appointed. The Governor shall,

to the extent practicable, appoint persm to the commission

who have technical expertise in the emmyency response

fiel& The empyency response commission of a State shall

appoint local emeTency response committees under subsection (b) and shall supervise and coordinate the activities of
p. 36

4650

291

such committees. If the Governor of any State does not desi

.ynate a State commission within such period, the Admintj_

trator shall operate as the State commission until the Governor makes such designation and may make the initial designations and appointments under subsection (b).

(b) EsTABLISHMENT OF LOCAL EMERGENCY RE.

SPONSE COMMITTEES.-

(1) IN GENERAL.-Not later than six months

after the dale of the establishment of a State commis.

3ion under subsection (a), the commission shall-

(A) designate political subdivisions or combinations of political subdivisions as emergency response districts for purposes of this titk; and

(B) appoint a local emMency response committee for each emergency response district designated under subparagraph (A).

(2) INTERSTATE AGREEMENTS.-Purguant to

interstate agreements, political subdivisions in more

than one State may be included in an emeryency response district under paragraph (1)(A) and members of

an emergency response committee may he designwed

under paragraph (1)(B) from each State.

(c) Composmos OF LOCAL CoAtirrTrurs.-A local

emergency response committee shall include repmeentatives

from each of the foUmang groups or organuWww elected
p. 37

4651

292

State and local officials; law enforcement, Civil defense, firefighting, first aid, health, local entn'ron mental, hospital, and

transportation personnel, broadcast and print media; community groups ; and covered operators.

(d) OFFICERS; AD Hoc CoMMIrTEES.-A local

emergency response committee may elect iuch officers and

spokesmen and appoint such ad hoc committees of interested

C?

.

tizens, and request such assistance of State and local officials, as it deems necessary to assist it in carrying out Its

duties.

(e) REVISIONS.-Pie emergency response commission

of a State may revise its designations and appointments

under subsection (b) with respect to any local emergency respon8e committee as it deems appropriate.

SEC M COMPREH4NSIVE EMERGENCY RESPONSE PLA VS,

(a) PLAN REQUIRED.-Not later than 24 months

after the date of the enactment of this title, each local emergency response committee shall complete an emergency response plan designed to minimize the injury to human

health and the environment which could result from any

hazardous substance emergency arising out of activities carried ow at any covered facility located in the emergency re-

*ponae district for which such committee is established. The

plan s&U be integrated with eziainy emergency response

pla= at the discretion of the committee. A covered operator
p. 38

4652

293

shall 3ubmIit to the local emeryency response committee any

information in addition to the information required under

section 311 (other than information which may be tvithheld

from disclosure under section 322), with respect to a covered

facility that the committee may request for purposes of completing such plan. ne committee may revise such plan as

necessary to protect human health and the environment.

(b) PLAN PRo visioNs . -Each plan required under

tht'3 section shall include each of the following at a

minimum:

(1) Designatian of one or more State or local officials whom the covered operator will notify in case of a

hazardous substance emergency.

(2) Designation of the names and emergency telepho,ne numbers of personnel employed by the covered

operator who should be contacted in case of a hazardous substance emergency.

(3) A description of measures which should be

taken to mitigate and minimize the risks to human

health and the environment posed by a hazardous substance emergency.

(4) A description of a system or method and prooedures and communications systems rincluding alarm

and warning system) to notify members of the affected

public of a hazardous substance emergency.
p. 39

4653

294

(5) A description of emergency equipment and fa .

Cilitzes in the community, and at each facility in the

community at which a substantial inventory of a hazardous iubstance is maintained, and an identification

of the persons responsible for such equipment and

facilities.

(6) Emergency evacuation plans, aj well as an

evaluation of the adequacy of existing transportation

facilities to accomplish an evacuation.

(7) A description of training programs and drill

schedules to be used for purposes of emergency response

planning and preparedness .

(8) An evaluation of medical, police, health, and

#refighting resources available in the event of a hazardous substance emergency and recommendations, if

appropriate, concerning what additional resources

should be developed by State or local governmenti.

(c) REVIEW BY THE GoVERNOR .-After completion

of a plan under subsection (a) for an emergency response

district, the local emergency response committee shall submit

a copy of such plan to the Governor of each State in which

such district is located. The Governor or Governors shall

review the plan and make recommendations to the committee

on revisions of the plan that may be necessary to ensure coL
p. 40

4654

295

ordination of such plan with emergency response plans of

other emergency response districts.

(d) AssisTANCE.-Upon request of a local emergency

response committee, the Administrator shall provide technical assistance in developing and implementing an emergency response plan.

SUBTITLE B-NonricATI02V REQUIREMENTS

SEC JIL BASIC NOTIFICATIONREQUIREMENrS.

(a) SUBMISSION OF MATERIAL SAFETY DATA

SHEETS.-

(1) BASIC REQUIREMENT.-The owner or operator of any facility at which any hazardous chemical is

produced, used, or stored shall submit a material safety

data sheet for each such chemical to the appropriate

local emergency response committee and such local and

State officials as may have been designated to receive

such sheet by ;uch committee.

(2) FuRNisHiNG OF SHEETS TO OTHER

OWNERS AND OPERATORS.-

(A) IN GENERAL.-Each owner or operator

of a facility who is required to submit a material

safety data sheet for a hazardous chemical under

paragraph (1) and who supplies such a chemical

to any other such owner or operator shall furnish

such sheet, and any revised sheet under paragraph
p. 41

4655

296

(3), to such other facility oumer or operator. 77te

I

. nitial sheet shall be furnished before, or at the

time of, the first shipment of such chemical to

such other owner or operator. Any revised sheet

shall be furnished before, or at the time of, the

first shipment of such chemical to such other

owner or operator after such sheet is revised.

(B) UNAVAILABILITY FROM MANUFACTURER OR IMPORTER.-The requirements of this

,subsection shall not apply to a facility owner or

operator (other than a manufacturer or importer

of the hazardous chemical)-

(i) who has not received a material

safety data sheet for such hazardous chemical

from the person who supplied such hazardous

chemical to such facility owner or operator:

and

(ii) who has made and documented reasonable efforts to obtain such material safety

data sheet by contacting such person and requesting such person to send the sheet.

(3) INITIAL SHEET AND UPDATING.-The initial

material safety data sheet required under this 3ubsection with respect to a hazardous chemical shall be provided before the later of-
p. 42

4656

297

(A) 12 manths after the date of the enactment of this title; or

(B) 3 manthi after such chemical ij first

produced, used, or stored at a facility.

Within 3 months following discovery by an owner or

operator of significant new information concerning an

aspect of a hazardous chemical which was originally

required to be disclosed on such sheet under thi's subsection, the sheet shall be revised.

(b) HAZARDOUS SuBsmscE REPORTS.-

(1) BASIC REQUIREMENT. - The covered operator

with respect to each covered facility at which any covered hazardous substance is present in a significant

amount shall prepare and submit to the appropriate

local emergency response committee a hazardous substance report.

(2) CONTENTS OF REPORT.-

(A) IN GENERAL. -Except as provided in

subparagraph (B), a hazardou's substance report

shall contain each of the following items of informa,tion with respect to each covered hazardous

substance present at the covered facility in a signifimni amount:
p. 43

4657

298

(i) The type and approximate amounts

of the covered hazardous substance to be

found at the facility.

(ii) A map showing the location at the

facility of each tuch substance stored at the

facility.

(iii) Potential routes of human exposure

to each such substance.

(iv) Symptom of such exposure.

(b) Appropriate emergency and first aid

procedures for Spills, fires, explosions, and

other releases involving such substance .

(vi) Emergency telephone numbers for

appropriate personnel of the covered operator

of the facility.

(B) ExcEpTioN WHEN MSDS UNAVAILABLE.-With respect to any covered hazardous

substance for which a covered operator has not received a copy of the material safety data sheet required to be furnished under subsection (a)(2),

such operator may satisfy the requirements of this

subsection by including in a hazardous substance

report the information required by clauses rt) and

Cii) of subparagraph (A) and a statement that the

covered operator has not received such sheet.
p. 44

4658

299

(3) INITIAL REPORT AND UPDATING .-The ini.

tial report required under this subsection with respect

to a covered facility shall be provided before the later of

either of the following:

(A) 18 months after the date of the enactment of this title.

(B) 6 months after a facility becomes a covered facility.

The hazardous substance report shall be revised and

submitted to the appropriate local emergency response

committee every six months . With respect to the requirements contained in paragraph (2)(A)(i), any revised report shall list the average amount of the substance present at the facility during the period since

the last report was submitted and the maximum

amount of the substance present at such facility at any I

time during such period.

(4) LIST OF COVERED HAZARDOUS SUBSTANCES AND THRESHOLD FOR REPORTING.-

(A) LIST OF suBsuNcEs.-Not later than

24 months after the date of the enactment of this

title, the Administrator shall publish a list' of

those hazardous substances and hazartious chemicab which the Administrator determines have

characteristics of volatility, combustibility, reac-
p. 45

4659

300

tivity, dispersability, or toxicity such that the re .

lease of the substance or chemical is likeiy to

cause an imminent and substantial endangerment

to the public health or the environment. The Ad.

mini'stratar may revise such list from, time to

time.

(B) THRESHOLD FOR REPORTING .-At the

time a substance is listed under this paragraph,

the Adminijtrator shall determine what is a significant amount of such substance for purposes of

the reporting requirements of this subsection.

(C) Pcrirmv.-Any person and any local

eme7yency response committee may petition the

Administrator to designate a substance as a covered hazardous substance. Within six months

after receipt of such a petition, the Administrator

shall either designate such substance as a covered

hazardous substance or publish a written explanation of the reasons for the determination that such

substawe is not a covered hazardous substance.

(5) FoRmAr op jtspom .-

(A) IN GENVUL.-The Administrator sWl

publish a uniform format for hazardous substance

reports within three month* after the date of the

~tment of this title.
p. 46

4660

301

(B) USE OF MSDS FOR CERTAIN ITEAfS.-

A covered operator may meet the requirements of

clauses 60, (b), and (ti) of subparagraph (A) of

paragraph (2) with respect to a covered hazardous

substance by submitting a copy of the most recent

material safety data sheet for such substance.

(6) SuPERFuND vns .-The report required

under this subsection for any covered facility referred

to in section 326(l)(B) *hall not be required to contain

any information which is not contained in the remedial

investigation and feasibility study for that facility or

which is not otherwise available to the covered operator.

A report for such a facility shall not be required to be

revised under paragraph (3).

(7) OTA REPORT.-Within four years after the

due of the enactment of this Act, the Congressional

Office of Technology Assessment shall report to Cangrm on the need for and feasibility of requiring hazardous substance reports from owners or operators of

facilities which have been isrted permits under section

3005 of the Solid Waste Dispoad Act.

(c) EzrzjcmLrtr Toxrc SuBsTAxcLr STArus

SHEETS,

(1) RzguzxLrmzxr.-
p. 47

4661

302

(A) IN GENERAL .-The covered operatar of

each covered facility-

(i) at which an extremely toxic substance t'3 present during any applicable 12.

month period in excess of the 12-month cumulative threshold amount, and

(it) from which such substance is releajed into the environment during such

period,

shall prepare an extremely toxic substance status

sheet for such substance for such facility.

(B) ANNUAL APPLICATION OF REQUIREMENT.-An extremely toxic substance status sheet

shall be submitted to the appropriate local emergency response committee not later than 3 months

after the date the initial hazardous substance

report is submitted under subsection (b)(1) with

respect to a facility for which such 3tatui sheet 13

required For each 12-manth period ending an the

same date each year thereafter for which the requiremenu of subparagraph (A) apply, the covered

operator shall submit such a status sheet within

three months .

(2) CONTENTS OF STATUS SHEET.-An extremely toxic substance status sheet shall contain each of the
p. 48

4662

303

following items of information toith respect to the covered lacilily concermed:

(A) The total amount of each extremely toxic

substance released into the environment during

the preceding 12-calendar month period.

(B) A summary of each report submitted to

the Administrator or a State during such 12-

month period under section 102 of the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 regarding a release of

a reportable quantity of an extremely toxic

substance.

(C) A summary of each report submitted to

the Adminierator or a State duiing such 12-

month period under the Federal Water Pollution

Control Act, the Clean Air Act, or the Solid

Waste Disposal Act of a discharge into the enrironment of any hazardous substance in excess of

the amount permitted to be discharged under a

permit under such Act.

(3) USE OF A VA ILABLE DATA.-In order to provide the informetion required under this subsection, the

covered operator may utilize readily available data (including monitoring data) collected pursuant to other

provisions of law or, where such data is not readily
p. 49

4663

304

available, reasonable estimates of the amounts involved.

Nothing in this subsection requires the monitoring or

measurement of the quantities, concentration, or frequency of any extremely toxic substance released into

the environment beyond that monitoring and measurement required under other provisions of law or

regulation.

(4) LIST OF EXTREMELY TOXIC SUBSTANCES

AND THRESHOLD FOR REPORTING.-

(A) LIST OF SUBSTANCES .-Not later than

24 months after the date of the enactment of this

title, the Administrator shall publish a list of substances which he deems, in his Judgment and

based an the best information available to him, to

be extremely toxic substances . The list may be revised periodically . For purposes of this section,

extremely toxic 3ubttances are those covered hazardouj substances which are so acutely toxic that

their release into the environment in any amount

or for7n may present an imminent and substantial

endangerment to human health and chemicals

(such as vinyl chloride, benzene, asbestos, and

poly chlorinated biphenyls) which are knoum to

cause or are suspected of causing cancer, birth defects, heritable genetic mutations, or other chronic
p. 50

4664

305

health effects in humans. If the Administrator

falls to publish such list within such 24-month

period, the list shall consist of the Acute Hazards

List developed by the Administrator as part of Z13

Federal Initiative for Responding to Accidental

Releaje3 of Air Toxic3 (described in the July 26,

1985, notice from the Office of Solid Waite and

Emergency Response of the Environmental Protection Agency) until such list is published

(B) THRESHOLD FOR REPoRmva-At the

time a substance is listed under this subsection,

the Administrator shall also establish a 12-month

cumulative threshold amount for such substance

for purposes of the reporting requirements of this

subsection.

(5) USE OF SHEET.-The sheet required under

this subsection ii intended to provide general information to the Federal, State, and local governments and

the citizens of communities -surrounding covered facilities. The sheet shall be available, consistent with 3ection 312(a), to assist governmental agencies, researchers, and other persons in the conduct of research and

data gathering, to aid in the development of appropriate regulations, guidelines, and standards, and for

other similar puipose8 .
p. 51

4665

306

(6) TELEPRON-V iNQUIRIES.-The Adminijimlor

shall establijh a toll-free telephone number, operating

24 hours per day, that is computer accessible, to respond to inquiries concerning the information contained in extremely toxic substance status sheets.

(d) RECORDS.-Each owner or operator under 3ub3ection (a) and each covered operator under subsection (b) or

(c) shall maintain records of the information filed in compliance with this section for a rea8onahle pcn'od to be determined by the Administrator. The Administrator shall take

such steps as may be necessary to assist such covered operatom and owners and operators in complying with this section and to reduce unnecessary or burdemome paperwark.

(e) EXEMPTIONS.-

(1) MATERIAL SAFETY DATA SHEETS.-The Administrator may exempt an owner or operator from the

requirements of subsection (a) with respect to--

(A) any hazardous chemical or group of hazardous chemicals;

(B) any facility or group of facilities; and

(C) specific activities carried out by such

owner or operator in a specific location.

(2) HAzARDous sussmNcE REPORTS.-The

Administrator may exempt from the requirements of

suboectwn (b) reporting with respect to--
p. 52

4818

99M CONGUN HOUSE

2d Smion 1 1

OF REPRESENTATrvM RzPoRT 99-962

SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT

OF 1986

OCTOUR 3, 1986 .-Ordered to be printed

Mr. EcKART, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R . 2005]

The committee of conference on the disagreeing votes o,' the two

Houses on the amendment of the House to the amendment of the

Senate to the bill (H.R. 2005) to amend title H of the Social Securi- ty Act and related provisions of law to make minor improvements

and necessary technical changes, having met, after full and free

conference, have agreed to recommend and do recommend to their

respective Houma as follows :

That the Senate recede from its disagreement to the amendment

of the House to the amendment of the Senate and agree to the

same with an amendment as follows:

In lieu of the matter proposed to be inserted by the House

amendment insert the following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENT&

This Act may be cited as the "Superfund Amendments and Reau-'

thorization Act of 1986".

TABLE OF CONTF"%73

Sec. 1 . Short title and table ofcontents. Sec. 1. CERCLA and Adminietrator. Sec. J. Limitation on contract and borrowing authortty. Sec. 4. Effective date.

T=I-PROVISIONS RELA TING PRIVARIL Y TO RESPONSE AND

LIABILITY

Sw- 101 . Amendments to definitiona. set 102. ties . SW_ 10J. Sw- IU ResPonse authori

SW_ 101 Nationai contingency PkUL

Sw- 10f. Rrimb-rs

Sac. 107. SOM 108. =Mpowibility. SM 100. Pwwitif Ssc. Ila Health-related authorities.
p. 53

4819

Set, In. Uses offundc,&-- 112. Claims procedure.

Sw_ 111 Litigation. jurisdiction, and venue.

sw- 114. fielationshil? to Other laW.

Sec. 115. Drlieptwn; regulations. Sec. 116. Schedulew

cvr- 117. Public pa-pticipation. Sec. 118 . Miscellaneous provisions. Sec. 119. Response action contractors.

,ec. 120, Federal facilities.

Sec. 121. Cleanup standards. Sec. 122. Settlements.

Sec. 12J. Reimbursement to local governments.

Sec. 124. Methane recovery~ Sec. 125. Certain special study u tstes .

Sec. 126. Worker protection stam ards. Sec. 127. Liability limits for ocean incineration vessels.

TITLE 11-MISCELLANEOUS PROVISIONS

Sec. 201. Post-closure liability program study, report to Gongrm and suspension of

liability tranifers. See. 201. Hazardous materials transportation. Sec. 203. State procedural reform

See. 204. Conforming amendment to funding provisions.

Sec 205 . Cleanup of petroleum fi,)m leaking underground storage tanks. Sec. 206. Citizens Susts. Sec. 207. Indian tribes. Sec. 208. Insurability study. Sec. 200. Research, development, and demonstration.

Sec. 210. Pbllution liability insurance

Sec. 211. Department of Defense environmental restoration program. See. 212. Overliht and reporting Fequi.

rements. Sec. 213. Love Canal property acquisition.

MZE III-EMERGENCY PLANNING AND COMMUNITY RIGHT MKNOW

See. JW. Short titlA- &able of contentt

Subtitle A-Emergency Planning and Notification

Sec. 301 . Establishment of State commisittons, planning districts, and local commit.

t"s.

Sec. MS. Subetances and facilities covered and notification.

See. JO. Comprehensive emergency response plans. Sec. J04. Emergency notification.

Sec. J05. Emergency training and review of emergency rjuems.

Subtitle B-Reporting Requirements

See. 311. Material safety data Sheem

See J12. Emergency and hazardous chemical inventory fornsL

Sec. JIJ. Toxic chemical release form&

Subtitle C-Gentral Provisions

See. 321. Relationship to other law

Sec J22 Trade swyvtL

Sec. JU. ^oviawn of information to healthprofiessiona14 doctors, and nurm

See J24. Public availability of plans, data sheets. forms. and followup notizes. Sect is$. Entw"inent. Sw- 329. Quil Action&

sr_ $27. En

ton

. Sm S28. Rej;lp.

Sft JSS. Derfoutions.

Sw- JJd Authorization of appropriations.

777ZZ rV-RADON GAS AND INDOOR AIR QUALITY RESEARCH

See 401 . SAort titla

See- 40S. Andin#L

See. AOJ. Radan am and inAmw t2ir mejow/iov meoo-h
p. 54

5097

TITLE III-EMERGENCY PLANNING AND COMMUNITY

RIGHT-TO-KNOW

The Senate amendment and House amendment both establis h

programs to provide the public with important information on the

hazardous chemicals in their communities, and to establish emergency planning and notification requirements which would protect

the public in the event of a release of hazardous chemicals . The

House amendment establishes the programs as a free-standing provision of 'aw; the Senate amendment amends CERCLA to create

the new programs. The conference substitute adopts the House approach with respect to establishing the programs as a free-standing

provision of law and incorporates substantive provisions from both

House and Senate amendments .

SECTION 300-SHORT TITLE

Senate amendment-Provisions on Community Right-to-Know

and Emergency Planning are included in the Senate bill as amendments to CERICLA, and there is no short title . House amendment-Provisions on Community Right-to-Know and

Emergency Planning are included within the "Superfund Amendments of 1985" as a free-standing title, not amending CERCLA. Conference substitute-The conference substitute adopts the

House provision : establishes that the title be cited as the "Emergency Planning and Community Right-to-Know Act of 1986 . "

SUBTITLE A: EMERGENCY PLANNING AND NOTIFICATION

SECTION 301 -ESTABLISHMENT OF STATE COMMISSIONS, PLANNING

DISTRICTS, AND LOCAL COMMITTEES

Senate amendment-The Senate amendment provides that the

Governor if each State designate emergency planning districts

within 180 days of enactment and appoint members of an emergency planning committee for each such district within 210 days of enactment.

House amendment-The House amendment provides that the

Governor of each State establish and appoint membership to a

State emergency response commission within 6 months of enactment. If the Governor does not establish such a commission, the

EPA Administrator is to operate as the State commission for that

State. Not later than 6 months after a State commission is established, the State commission is required to designate local emergency response committees and appoint membership to those committees consistent with the requirements of the amendment . Conference substitute-The conference substitute provides that

the Governor of each State, within 6 months of enactment, designate and appoint a State emergency response commission, which

may be one or more existing emergency response organizations

that are State-sponsored or appointed. If no State commission is appointed, the Governor of the State is to serve as the commission

and is responsible, therefore, for performing all of the duties assigned to the commission. This would include the public availability and information functions included in Section 324 .
p. 55

.509 8

The section also provides that, within 9 months after the date of

enactment . the State commission shall designate emergency planning districts . If affected States agree, these districts may be' established across State lines . Within 30 days of establishing these districts, but no later than 10 months after enactment, the State commission should appoint members co the local emergency planning

committee. At a minimum . membership must include those parties

specified in the House amendment. However, existing local organizations or entities may be used as the local emergency planning

committee provided that they include, or are augmented to include,

those parties specified for membership on such committees .

-Membership on these committees, and the designation of districts, may be revised as appropriate, and interested persons may

petition a State emergency response commission to modify membership of a local committee .

Section 301 also requires that the local emergency response comrr ;ttee and State emer-ency response commission designate an ofti-

-ial to serve as coordinator of information . recognizing the importance of' having an assured, available source of information for the

reports required under this titic, the officials designated to serve as

-he coordinator for information shall be government officials who

will respond to requests for information from other State agencies,

local officials, the public and other interdsted parties .

SFcTioN 302-SUBSTANCES AND FACILITIES COVERED AND

NOTIFICATION

Senate amendment-The Senate amendment provides that any

faciLity which has a substance listed on the list published by Lhe

-ouncil of European Communities in its Council Directive of Jun e

on the Major Accident Hazards of Certain induszrial Activ"t~es, Annex H, in excess of the ouantities oublished with that

list. is subject tc the requirements Of this subtitle. Such facilities

ar-3 required to rictify State ccmmiss--ons that they are covered

-x .thln 90 lays of the publication by EPA of the Council of Europei-ri Commurizies 'ist . In acdition, the Covernor of each State may

designate additional facilities f~or emergency planning purposes .

-louse crnendment-,rhe House amendment contains no compara- L

ble provision . Conference substitute-The conference substitute provides, that

the facilities covered by the bill's emergency planning requirements are those which have a substance on the list of substances

published by EPA in November, 1985, in Appendix A of the "Chem-

~cai Emergency Preparedness Program interim Guidelines," in

excess of a threshold planning quantity published by EPA within

:30 days of enactment, at which time EPA will republish that list.

Such substances are designated "extremely hazardous substances ."

Facilities which have such substances in excess of the established

thresholds must notify the Emerlency Response Commission that

they are subject to this subtitle. The conference substitute also requires a facility to notify the State emergency response commission

that it is subject to the requirements of this subtitle if the list of

substances is revised or the facility acquires a new chemical and,

thereby, is subject to these requirements . However, since this is
p. 56

.5099

only a notification that a facility is covered and is not chemicalspecific, if a facility has already given notice of its coverage with

regard to another chemical, no such subseciluent notice would be required. Given the need to get this program under way in a timely fashion, EPA is directed to publish these threshol~s as interim- final

regulations which will be binding until such time as they may be

revised by a Final rulemaking which will be initiated when the initial thresholds are published. If the EPA fails to publish the interim final rule as required, the threshold will be set at 2 pounds for

each substance until such time as EPA publishes such thresholds

as an interim final rule or as a final rule. The substitute also provides criteria to be considered by EPA in revising the list and

thresholds .

The substitute provides that a Governor or State emergency response commission may designate additional facilities to be subject

to emergency planning requirements . Such designation shall be

made following public notice and an opportunity for comment . Any

faciity designated in this fashion is, according to section 325(a), not

subject to the civil penalties which otherwise apply to facilities subject to the emergency planning requirements .

This section also requires that the State emergency response

commission notify EPA of facilities subject to the requirements of

this section. The Administrator may specify the frequency and

form of notification by States of facilities subject to the subtitie.

SEMoN 303-COMPREHENSIVE EMERGENcy RESPONSE PLANS

Senate amendment-The Senate amendment establishes requirements for local emergency planning committees, within 2 years of

enactment, to develop comprehensive emergency plans which include specified provisions. Facilities subject to emergency planning

requirements are required to provide information to the local committees for the purpose of developing and implementing such

plans. EPA is required to publish guidance documents to assist in

this planning, and to review such plans upon the request of a local

committee.

House amendment-The House amendment establishes similar

requirements with regard to the development and content of local

emergency plans and the requirement for facilities to provide information to local committees. Emergency plans are required to be

submitted to the Governor for review, and EPA is required to provide technical assistance to localities in the development and implementation of emergency plans .

Conference substitute-The conference substitute adopts the

Senate amendment, with modifications to conform to the House

amendment. Planning is to be conducted through a public process,

"d the identity of those facilities subject to the emergency planrung requirements is to be public . The conference substitute provides that the National Response Team issue guidance documents

and that the regional response teams may assist localities in developing and implementing emergency plans. The regional response

teams have discretion regarding how and whether to review and

comment upon specific plans and assist each locality .
p. 57

5100

SECTION 304-EMERGENcy NOTIFICATION

Senate amendment-The Senate amendment requires that, in ad .

dition to .any notice required to be provided to EPA, local emergen.

cy committees and the Governor of any affected State be notified in

:he event of a release which requires reporting under section 103 of

CERCLA. The ame,ndment specifies the nature of the notice and es-

-ablishes a requiremcnt for follow-up notification as appropriate .

House amendment-The House amendment applies the notice reQuirement to releases from a covered facility which constitute a

"hazardous substance emergency ." This includes accidental or abnormal releases of a hazardous substance . as defined in CERCLA,

that constitute an imminent and substantial endangerment to the

public health or the environment, or a release that is subject to reporting to EPA under section 103 of CERCLA which, according to

EPA regulations to be promulgated . constitutes a substantial

threat to public health and the environment . The House amendment includes provisions similar to the Senate bill regarding the

content of the notice and the requirement to provide follow-up

notice as appropriate .

Conference substitute-The conference substitute establishes the

requirement that emergency notice in the event of a release be provided to local emergency committees and the State in three specific

instances. First, notice is required where the release is of an extremely hazardous substance, as referred to in section 302, and the

release requires notice to EPA under section 103(a) of CERCLA .

Second. notice is requir-d where it is a release of an extremely hazardous substance that s not subject to notice under CERCLA, but

the release is ia) not Federally permitted, as defined in section

101D 10) of CERCLA, (b) is in excess of an amount set by EPA (or, if

no amount has been set, in excess of 1 pound), and (c) the release

occurs in a manner which would require notice under section 103(a)

of CERCLA. This requires notification where there is a release of

an extremely hazardous substance that would require notice under

section 103(a) of CERCLA but for the fact that the substance is not

specifically listed under CERCLA as requiring such notice . Third,

the substitute requires notice in specificed instances where the substance released is not an extremely hazardous substance, as referred to in section 302, but the release must be reported to EPA

under section 103(a) of CERCLA . In the case of such a release, notification under this section must be provided to local and State

emergency response organizations if it exceeds a reportable quantitv that has been established by EPA under section 102(a) of

CERCLA or, if the release occurs after April 30, 1988, exceeds the

fallback threshold under CERCLA of 1 pound. April 30, 1988, is the

date by which EPA is required by amendments to CERCLA elsewhere in the conference substitute to publish reportable quantity

thresholds for all substances listed under CERCLA . Prior to April

30, 1988, for a release reportable under CERCLA but for which no

threshold has been set, the facility must give notice to the local

emergency planning committee in the same form and at the same

time as such notice is required by CERCLA to be provided to EPA.

The conference substitute provides that for a release to be reportable under this section it must extend beyond the site on which the

J
p. 58

-I 510 1

facility is located . On-site releases that do not extend off-site are

exempt from the requirements . In addition . releases which are continuous or frequently recurring and do not require reporting under

CERCLA are not required to be reported under this section . Such

release, if of an appropriate substance, would be reported under

section 31-3 .

The conference substitute includes a special provision for how

notice is to be provided where there is a release with respect to

transportation or storage incident to transportation, which under

section 327 is exempt from all other provisions of this title . For

such a release, the notice requirements of the section shall be fully

satisfied by dialing 911. or in the absence of a 911 emergency telephone number. calling the operator and reporting the release .

The conference substitute adopts the Senate bill provisions regarding the content of an emergency notice and follow-up requiremenES, modified to incorporate provisions in the House amendment. The substitute requires that the notification indicate whether the substance is on the list of substances for which emergency

planning is required, as provided in section 302(a). The specific

chemical identity of the substance released must be provided on

the notice, and is not provided trade secret protection under section

3 2 .).

SECTION 305-EMERGENcy TRAINING AND REVIEW OF EMERGENCY

SYSTEMS

Senate amendment-The Senate amendment contains no comparable provision .

House amendment-The House amendment includes provisions

authorizing the Federal Emergency Management Agency (FEMA)

to carry out certain programs related to hazardous substances . This

includes programs for the training of local emergency repsonse and

other personnel, and grants of $5 million for each of years 1987

through 1990 in support of university-sponsored programs and programs of State and local governments designed to improve emergency planning and related capabilities .

The House amendment also includes a requirement that the

EPA Administrator review and report to the Congress within 18

months of enactment on various emergency systems .

Conference substitute-The conference substitute adopts the

House provision.

SUBTITLE B-REPORTING REQUIREMENTS

SWrION 311-MATRIUAL SAFETY DATA SHEETS

Senate amendment-The Senate amendment directs, within 180

days of enactment, any facility at which a hazardous chemical is

produced, used or stored to, to provide to the local emergency planning committee, the Governor of the State and to EPA a copy of a

Material Safety Data Sheet (MSDS) for each hazardous chemical at

that facility. In addition, a copy of such MSDS is to be provided

within 90 days of any revision made to that form . EPA may set

threshold amounts, with facilities which have less than that
p. 59

5102

amount not covered by the requirements of the section for such

chemicals . House amendment-The House amendment requires an MSDS to

be filed . for each hazardous chemical, with the local emergency response committee and such local and State officials designated to

receive such form . Such forms are initially required within 12

months of enactment, with revised or new initial MSDS forms to be

provided within 3 months of the time an _MSDS form is revised or a

new hazardous chemical is first brought onto a facility . The House

amendment includes provisions requiring that an MlSbS be provided to another facilitv when a hazardous chemical is first shipped to

that facility. A facility owned who had not received an MSDS in

this manner and who had made reasonable efforts to obtain such

an MSDS would be exempt from the requirement to provide the

MSDS to the specified local emergency committee and other persons. Conference substitute-The conference substitute incorporates the

basic requirement included in both the Senate and House amendments, but clarifies in the statute that the requirement to file an

_MSDS applies only to those facilities required to prepare or have

available an MSD9 under the Occupational Safety and Health Act

of 1970 or regulation under that Act. MSDS forms must be provided to the appropriate local emergency planning committee, the

State emergency response commission, and the fire department

with jurisdiction over the facility . The forms must be provided at

those times specified in the House amendment.

The conference substitute incorporates the definition of -.azardous chemical used in both the Senate and House amendments .

along with the exceptions included in that definition, modified in a

manner so as to clarify the intent of both bodies. The term "hazardous chemical" has the meaning in 29 CFR 1910.1200(c) of the

OSHA Hazard Communication Standard . The definition of the

term "hazardous chemical" in section 311(e) defines the chemicals

subject to the requirements of sections 311 and 312 of Title III.

Section 311(a93) of the conference substitute clarifies the treatment of mixtures. The OSHA Hazard Communication Standard defines a -hazardous chemical" as a "chemical which is a physical

hazard or a health hazard." A "chemical" is defined as "any element, chemical compound or mixture of elements and/or compounds ." According to OSHA, inclusion of mixtures in this definition has resulted in the creation of MSDSs for over 50,000 products.

To address this, section 311(aX3) makes it clear that an owner or

operator may meet the requirements of this section with respect to

a hazardous chemical which is a mixture, by submitting an MSDS

for each of the hazardous elements or compounds in the mixture . If

the mixture if determined to be a "hazardous chemical" but contains no element or compo4nds_ which are hazardous chemicals,

then an MSDS must be submitted for such mixture. Once an MSDS

for a hazardous element or compound is submitted for one mixture,

ar~ MSDS for the same element or compound contained in another

mixture would not have to be submitted. For purposes of the list,

only the elements or compounds need be listed, mixtures need not .

Of course, owners or operators are free to submit an MSDS on the

mixture itself, or list the mixture, totally at their discretion.
p. 60

5103

An example of how this may work can be taken from the fra .

grance industry. Fragrances are produced by combining large numbers of chemical raw materials . A fragrance manufacturer may use 20 chemical elements . some of which may be hazardous, to produce

hundreds of m Ixtures. Under this provision . they need to list only

the elements or compounds . or provide the MSbS for each of the

elements and compounds . An MSDS on each mixture is not required . This is especially important in the fragrance area because,

by heir very nature. the specific composition of these chemical

mixtures may constitute 'highly sensitive and valuable trade-secret

information, the disclosure of which could result in serious business injury.

This approach may not, however . either be practical or possible

for customers who may obtain from the seller an MSDS for a mixture they purchase which indicates that the mixture is a "hazardous chemical." In such instances . the customer may lack the data

or it may not be practical to provide a separate MSDS for each haz- ardous chemical in that mixture . In that situtation the customer

would list the mixture or provide an MSDS for the mixture to

State and local authorities under section 311. Moreover, in such instances, the customer may not be told by the seller the identities of

some or all of the ingredients in the mixture because they are

claimed as trade secrets under the OSHA Standard. In that case, the customer is only required to provide to State and local authorities under section 311 the information known to it. Typically, this would be limited to a copy of the MSDS received from the'seiler .

in order to reduce the potential burden on local emergency response committees. the conference substitute provides that, at the

option of the facility, the requirements of this section can be met

by :11ing with those specified to receive the MSDS a list of hazardous chemicals present at the facility, grouped according to categories of heaith and physical hazards set forth in the OSHA Act and its regulations. Where a list is supplied in lieu of individual

NISDSs, it must include. for each chemical, the chemical name or

common name and any hazardous component of each chemical, as

these were provided on the MSDS. Upon request of a local emergency response committee, the actual MSDS would be provided by the facility. A public request for the MSDS would be made through

that local emergency planning committee, which would be required

to obtain the MSDS from the facility and make it available.

Section 311(b) gives the Administrator authority to establish

threshold quantities for hazardous chemicals below which no facility would be required to report under section 311 . In establishing

such quantities, the Administrator must take into account the total

quantity of a hazardous chemical present at a site . For example, in

the case of a manufacturer which produces or obtains benzene and

formulates 200 mixtures with the benzene, the threshold would

apply to the total benzene at the facility, regardless of whether it is

still in bulk storage or has been formulated into mixtures. However, for persons who purchase mixtures which contain hazardous

chemicals in concentrations which may not be known to the purchaser, the Administrator may establish thresholds based on the

total quantity of the mixture, including nonhazardous chemicals.
p. 61

.3104

Some companies voluntarily may prepare NISDSs for chemicals

that are not a physical hazard or -health hazard within the meaning of the OSHA standard . Because such a chemical is not a "hazardous chemical- within the meaning of 29 CFR section

1910 .1200(c, land since an MSDS is not required for such a chemical under the OSHA standard). such a chemical would not be subject to the requirements of section :311 and section 312 of this Act .

SECTION :312-EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY

FORMS

Senate amendment-The Senate amendment establishes an

Emergency Inventory Form upon which . for all substances on

which an NISDS is required. information is reported regarding the

maximum amount of the hazardous chemical present at a facility

during the preceding calendar year ~in ranges), a description of the

storage or use of the chemical, and its location . These reports

would be filed with local emergency committees, the Governor of

the relevant State and the EPA each year, or whenever a significant change occurs in the amount or presence of such a chemical .

The first report would be filed within

6 months of enactment. EPA

could set threshold amounts of the substances, below which a facility would not be required to report .

House amendment-The House amendment provides for an

annual report containing similar information, as well as other information related to the substance and how it should be dealt with

in an emergency situation. The reports are to be provided only to

the local emergency response committee, with the first report due

IS months after enactment. EPA also has the authority to set reporting thresholds . Under the House amendment this report has only to be filed for

substances which EPA determines, due to specific factors, are

likelv to cause an imminent and substantial endangerment to

public health or the environment . The House amendment also contains a provision for Superfund sites to provide these reports, and a

study by the Office of Technology Assessment of the advisability of

extending these reports to cover disposal sites regulated under

RCRA.

Conference substitute-The conference substitute establishes a

procedure to provide reporting of information on those chemicals

subject to reporting under the Senate amendment . To minimize the

burden of this reporting and to provide the information in a

manner which is of maximum usefulness to government emergency

response offices and personnel, other government officials with a

need for the information, and to the public, a "2-tier" process for

reporting is established . Under this approach, a summary of the information on the covered chemicals is provided in the form of an

annual report, with information on specific chemicals available

upon subsequent request made on a facility-by-facility basis . Further, to provide for the development of a manageable program,

EP, *is provided with the authority to establish reporting thresholds, including thresholds set by classes of chemicals or categories

of facilities. In establishing quantity thresholds under section

312(b), the Administrator shall consider the degree to which the
p. 62

5105

hazardous chemical . if released at the facility, would endanger the

health of individuals in the community . including emergency response personnel . Chemicals subject to reporting under subsection 312 are the same

as those subject to subsection 311 . As in section 311 . the conference

substitute clarifies the mtent of the Congrees in the area of mixtures. The OSHA Hazard Communication Standard defines a "hazardous chemical" as a "chemical which is a physical hazard or a .neaitii hazard A "chemical" is defined as "anv element . chemical

~ompound or mixture of elements and/or compounds ." Section 312

makes clear that an owner or operator may meet the requirements

of this section with respect to a hazardous chemical which is a mixture. bv submitting an inventory form for each of the hazardous

elements or compounds in the mixture . If the mixture is determined to be a "hazardous chemical" but contains no elements or

compounds which are hazardous chemicals, then an inventory form

must be submitted for such mixture . Of course, owners or operators

are free to submit an inventorv form on the mixture itself. totally

at their discretion . if the facilitv owner or operator elects to submit

an inventory form for each hazardous element or compound in the

mixture traiher than for the mixture itself), the amounts of the eiement or compound present in the pure state and in all mixtures at

t.he facility may be aggregated and reported on a single inventory i

form as the aggregate amount of the element or compound present

at the facility as a whole.

The inventory form required under this section and the MSDS

information required under section 311 are intended to provide

both quantitative and qualitative information about the hazards of

covered chemicals . It is therefore important for MSDS information

submitted under section 311 to correspond with inventory information submitted under this section. It is expected that a facility

owner or operator who elects under section 311(ax3) to report o n

mr ixtures by reporting on the elements or compounds of each mixture will also report on the elements or compounds of such mixtures under this section. Similarly, if a facility owner or operator

elects under section 311(aA3) to report on each mixture . it is expected that inventory forms will be provided for each such mixture.

The initial step in the 2-tier reporting provision is an annual

report provided to the local and State emergency response organizations, and to the fire department with jurisdiction over the facility. The first report is to be provided on or before March 1, 1988,

with annual reports thereafter, each reflecting the preceding calendar year.

The information contained in the "Tier I" report is an estimate

(in ranges) of the aggregate maximum and .aggregate average daily

amounts (in ranges) and the general location, of each category of

hazardous chemicals at the facility. In establishing the breadth of

the ranges, the Administrator may consider the degree of precision

with which these broad categories of hazardous chemical can be regorted. The categories for these reports are to be the categories o f

ealth and nhvsicai hazards as set forth under the Occupational

Safety and 14~a'lth Act of 1970 and its regulations (i.e. . carcinogens,

corrosives, irritants). EPA is provided with the authority to modify

the categories to group substances which present "similar hazards
p. 63

5106

in an emergency" or to list "individual hazardous substances of

special concern to emergency response personnel" for reporting

purposes. Any modifications of categories for health or physical

hazards shall. correspond to any similar modifications made under

the authoritv of section 311(v2)(A)(D.

The second stage of this information process involves reporting

on specific chemicals . Such reports would be provided upon specific

request for information from a particular facility . Therefore, under

the authority of this statute. no person, including a government official. could establish as an annual reporting requirement the provision of these Tier II forms on specific chemicals .

The Tier II report on a specific chemical provided pursuant to a

request would include the same information on the specific chemical that is provided for the aggregate chemicals on the Tier I

report (although EPA could establish different ranges for each

report), as well as a description of the manner of storage of the

chemical and the location at the facility . In addition, the form

would indicate whether the location information is to be kept confidential. consistent with section 324. The facility owner may always

elect to keep Tier II location information from public disclosure . U nlike the Tier I information, which relates to categories of hazardous chemicals . the Tier 11 information relates to individual

chemicals. The quantity of a particular chemical that is used in a

chemical manufacturing or processing operation may constitute

valuable trade-secret information . For that reason, if precise quantities of the maximum and average daily amounts of the hazardous

chemicals had to be provided, compliance with section 312MX2)

might result in the compromise of valuable trade-secret information.

Sections 312(dX2) (B) and (C) have been drafted to avoid unnecessary disclosure of trade-secret information, while at the same time,

providing emergency response personnel, State and local officials,

and members of the public the information needed to evaluate the

nature and magnitude of potential public health hazards that

might arise in the event of a hazardous substance emergency and

to engage in effective emergency response planning. To that end,

sections 312(dx2XB) and (C) contemplate that maximum and average daily inventory information will be provided in ranges .

In order to protect chemical process trade-secret information, the

reporting ranges may need to be broad . At the same time, this is a

community right-to-know provision, and the purpose of this report

is to _provide the public with information about chemicals at facilities. The reporting ranges should provide a reasonable accommodation between the disclosure necessary for community right-to-know

and effective hazard evaluation and emergency response planning

on the one hand, and protection of legitimate trade-secret information on the other, and not be broader than necessary to assure such

trade-secret protection. EPA may want to look at the ranges used

to develop the 1977 invento reporting under section 8(b) of the

Toxic Substance Control Act7ar guidance .

As regards the process for obtaining Tier H information, the conference substitute establishes separate procedures for (1) the State

emergency response commission and local emergency planning

committees and fire departments; (2) other State and local officials ;
p. 64

5107

and (3) the public . Those in the first category can obtain Tier II information upon their own request . Those ot~er State and local offl .

cials in the second category may have access to the information

through the State commission or local committee, presumably

through the information coordinators appointed under subsectio n'

301 of this Act. The request, if made by such an official acting in

his official capacity, may not be denied.

A process is established for public access to this information

which also operates through the State commission and local committee. A person seeking information on a specific chemical inust

file a written request and indicate the specific facility for which information is requested . If the information has already been provided to a government official under the above procedure, the person

will be given access to that information. This provision is designed

to ensure that the public will have access to any Tier II information which has been provided to State and local officials acting in

their official capacity . fire departments with jurisdiction over facilities, State emergency planning commissions or local emergency

planning committees . It is intended that when forms are provided

to government officials in accordance with this section, copies of

such forms be retained in order to make them available to the

public. The information procedures to be developed under section

301 should provide that this occur so that a facility need only provide Tier II information once each year for each chemical .

If the local Emergency Planning Committee or State Emergency

Response Commission does not have the information in its possession, it is required to request information from the facility owner

or operator regarding hazardous chemicals for which more than

10.000 lbs. were present at the facility at any time during the preceding calendar year. However. if less than 10,000 lbs. of the chemical were stored at the facility, the Committee or Commission would

request the information if, in its discretion, it deemed such a request to be appropriate.

In order to assist the Committee or Commission in exercising

this discretion, the member of the public seeking the information

must include a statement explaining why the information is

needed. Based on this statement, the Committee or Commission

may or may not choose to make a request of the facility to provide

the information. Although the conference substitute establishes a

grocedure for the public to have access to this information, and

usiness establishments are certainly a part of "the public," this

provision is not intended to provide a means for competitors to find

out confidential business information about each other . State emergency res nse commissions and local emergency planning committees sho:rd exercise their discretion in light of this consideration. A State commission or local committee must respond to a request

for Tier U information within 45 days of receiving that request .

The conference substitute also provides for access to the facilities

by the fire department of relevant jurisdiction to conduct an on-site

inspection of the facility. At such an inspection, the specific location information and volume information on hazardous chemicals

would be provided.

Provisions contained in the House amendment related to the applicability of these requirements to Superfund sites and an OTA
p. 65

study regarding possible applicability to RCRA-regulated disposa l

sites are not included in the conference substitute .

SECTION 313-Toxic CHEMICAL RELEASE FORMS

GENERAL

This section establishes requirements for annual reporting on releases of certain toxic chemicals to the environment . This reporting

covers releases that occur as a result of normal business operations, as distinct from abnormal, emergency releases which must

be reported under section 304 .

FACILITIES COVERED

Senate amendment-The Senate amendment applies to facilities

with ten or more employees that are in Standard Industrial Classification (SIC) Codes 20-39 (the manufacturing sector) and which

manufacture or process more than 200,000 pounds per year of

listed substances or which use more than 2,000 pounds per year of

such substance for purposes other than manufacturing or processing. The President may apply the requirements of the bill to other

particular facilities if the President determines that such action is

warranted on the basis of proximity to other facilities that release

the substance, history of releases at such facility, and other factors .

This action may be taken by the President on his own motion or at

the request of a Governor of a State, with respect to facilities

within that State.

House amendment-The House amendment applies to any facility at which a listed extremely . toxic substance is present during

any applicable 12-month od in excess of a cumulative threshold

amount established by tZerAdministrator, and from which such

substance is released to the environment.

Conference substitute-The conference substitute combines elements of the Senate and House amendments . Coverage of facilities

is based on SIC Codes 20-39, except that the Administrator may

add or delete SIC Codes to the extent necessary to achieve the purposes of this section. Additionally, the Administr%tor may apply

these requirements to other particular facilities as provided in the

Senate amendments .

Subparagraph 313 (bXlXB) of the conference substitute provides

that the Administrator of EPA may add or delete SIC codes specified for coverage in the 1"' lation. This authority in limited, however, to adding SIC codes for facilities which, like facilities within

the manufacturing sector SIC codes 20 through 39, manufacture,

process or use toxic chemicals in a manner such that reporting by

these facilities is relevant to the purposes of this section . Similarly,

the authority to delete SIC codes from within SIC codes 20 through

39 in limited to deleting SIC codes for facilities which, while within

the manufacturing sector SIC codes, manufacture, process or use

toxic chemicals in a manner more similar to facilities outside the

manufacturing sector. For example, facilities within SIC code 2875

rni or blend for We at the retail level various fertilizer products

in rmponse to specific customer needs. They may fall within SIC

codes 20 through 39 because this activity may be classified as a
p. 66

5109

.,mixing or blending," which generally is a manufacturing activity,

Yet, given the retail context and the nature of the blending and

mixing done by these specific facilities, reporting by such facilities

may not be appropriate . Subparagraph 313 (bxlxB) is intended to

provide EPA the authority to address issues regarding the coverage

of such facilities. It does not provide EPA the authority to change

the overall scope of the reporting program for Toxic Chemical Release Forms .

TOXIC CHEMICALS COVERE D

Senate amendment-The Senate amendment applies to releases

to the environment of toxic chemical substances which, on the

basis of available information and in the judgment of the Presi.

dent, are manufactured in or imported into the United States in

aggregate quantities that exceed 500,000 pounds per year and, (i)

based on epidemiological or other population studies, generally accepted laboratory tests, or structural analysis are known to cause

or are suspected of causing in humans adverse acute health effects,

cancer, birth defects, heritable genetic mutations, or other health

effects such as reproductive dysfunction, neurological disorder, or

behavioral abnormalities, or (ii) because of toxicity, persistence, or

tendency to bioaccumulate in the environment, may cause adverse

environmental effects. The President must publish a list of substances meeting these criteria by July 1, 1986. Unless and until

this list is published, the reporting requirements a ply to specific

chemical substances identified in section 101 (14) oTCERCLA. The

President is required to review and revise the list of chemicals no

less often than every two years. Any person may petition the President to add or delete a substance. The President also is authorized

to modify the quantitative thresholds described above related to

volume of chemical manufacture, processing or use, and aggregate

chemical manufacture and importation .

House amendment-The House amendment requires the Administrator, within 24 months of enactment, to publish a list of extremely toxic substances to be subject to specified reporting requirements . These are to be hazardous substances and hazardous

chemicals that are so acutely toxic that their release into the environment in any amount or form may present an imminent and

substantial endangerment to human health and chemicals (such as

vinyl chloride, benzene, asbestos, and poly chlorinated biphenyls)

which are known to cause or are suspected of causing cancer, birth

defects, heritable genetic mutations, or other chronic health effects

in humans. If the Administrator fails to publish such list within

such 24-month period, the list shall consist of the Acute Hazards

List developed by the Administrator an part of its Federal Initiative for Responding to Accidental Releases of Air Toxics (described

in the July 26, 1985, notice from the Office of Solid Waste and

Emergency Response of the Environmental Protection Agency)

until such list is published .

Cbnferen~e substitute-Subsection (d) of the conference agreement r,!quuvs reporting on listed toxic chemicals that cause, or

reasonably can be anticipated to cause significant adverse acute

human health effects, various chronic human health effects, and
p. 67

5110

significant adverse effects on the environment . A chemical should

be listed if the Administrator determines, in the Administrator's

judgment, that there is sufficient evidence to establish any one of

the following:

1 . Acute human health effects-The chemical is known to cause

or can reasonably be anticipated to cause significant adverse acute

human health effects at concentration levels that are reasonably

likely to exist beyond facility site boundaries as a result of continu .

ous, or frequently recurring, releases .

In making this determination, the Administrator is to consider

individuals who are sensitive to a particular chemical . The determination that concentration levels capable of causing a significant

acute adverse effect are reasonably likely to exist beyond facility

site boundaries requires consideration of factors in addition to the

chemical toxicity and other properties of a substance. For example,

it is possible that a particular chemical, while it could cause a significant acute adverse effect at a high concentration level, would

be very unlikely to reach that concentration level beyond the facility site boundary because of volume and pattern of use or release

and other chemical-specific factors . To include a substance on the

list on the basis of this criterion, the Administrator would determine that, within the United States, concentration levels that can

cause the effects described above are reasonably likely to occur as a

result of continuous or frequently u releases. The term

14 continuous or frequently recurringMeW is included only to

distinguish routine releases that are a normal consequence of the

operation of the facility from the episodic and accidental releases

that are subject to section 304 . There is no requirement to make

any facility-specific finding, and it is not necessary actually to demonstrate these concentration levels or effects near any particular

facility.

The phrase "beyond facility site boundaries" means any point

outside the boundaries of the site on which the facility is located . With regard to some types of chemicals and patterns of discharge

and dispersal, the highest concentration to which persons outside

the site boundary may be exposed will occur adjacent to the boundary. In other cases, the highest concentration may occur some distance away, as when an air emissions plume cools and settles to

the ground.

2

. Chronic human health effects-The chemical in known to

cause or can reasonably be anticipated to cause in humansQ) cancer or teratogenic effects, or

(ii) serious or irreversibleM reproductive dysfunctions,

(M neurological disorders ,

(ELI) heritable genetic mutations, or

(M other chronic health effects.

The phrase "in humans" in subsection (02)(B) clarifies that

health effects are to be considered insofar as they are or reasonably can be anticipated to be manifested in human beings an disUnd from other organisms. It does not limit the Administrator to

considtring only substances for which there are human data .

3. Adverse environmental effect&-The chemical is known to

cause or can reasonably be anticipated to cause, bemuse of-
p. 68

511 1

i D its toxicity,

(ii) its toxicity and persistence in the environment, orf iii) its toxicity and tendency to bioaccumulate in the envi .

ronment,

a significant adverse effect on the environment of sufficient Seriousness, in the judgment of the Administrator, to warrant reporting under this section .

In determining what constitutes a significant adverse effect on

the environment that would warrant reporting under this section,

the Administrator should consider the extent to which the toxic

chemical causes or reasonably can be anticipated to cause any of

the following adverse reactions, even if restricted to the immediate

vicinity adjacent to the site:

(1) Gradual or sudden changes in the composition of animal life

or plant life, including fungal or microbial organisms in an area .

(2) Abnormal number of deaths of organisms (e .g. f1sh kills).

(3) Reduction of the reproductive success or the vigor of a species .

(4) Reduction in agricultural productivity, whether crops or livestock.

(5) Alterations in the behavior or distribution of a species .

(6) Long lasting or irreversible contamination of components of

the physical environment, especially in the case of groundwater,

and surface water and soil resources that have limited self-cleansing capability.

The use of the term "bioaccumulate" is not intended to distinguish between this term and other technical terms, such as "bioconcentrate" and "biomagnify" that sometimes are used interchangeably.

The number of toxic chemicals included on the list solely on the

basis of adverse environmental effects as described above may not

exceed 25 percent of the total number of listed chemicals.

In making a determination that a chemical meets any of the toxicity criteria under subsection (02) the Administrator must consider generally accepted scientific principles of toxicity evaluation or,

data from laboratory toxicity tests, or appropriately designed and

conducted epidemiological and other studies of populations, available to the Administrator.

The Administrator, in determining to list a chemical under any

of the above criteria, may, but is not required to, conduct new studies or risk assessments or perform site-specific analyses to establish

actual ambient concentrations or to document adverse effects at

any particular location.

Subsection (c) defines the list of toxic chemicals for which reports

under this section will be required. This list will include chemicals

designated in Senate Environment and Public Worlm Committee

Print No. 99-169 including any revisions to such list made by the

Administrator. The Administrator may add chemicals to the list or

delete chemicals from the list at any time on the basis of the criteria set forth in section 313(dX2). Any person may petition the Administrator to add a toxic chemical to the hat on the basis of the

acute or chronic human toxicity criteria. The Administrator must

respond to such a petition within 180 days, either by initiating a
p. 69

5112

rulemaking to add or delete the chemical to the list or publishing

an explanation why the Petition is denied .

A Governor of a State may petition the Administrator to add or

delete a chemical from the list. In response to a Governor's Petition

to add (but not delete) a chemical to the list, the chemical auto ..

matically must be added to the list within 180 days after receipt of

the petition unless the Administrator, within that time period, initiates a rulemaking to add the chemical to the list or publishes an

explanation why the chemical does not meet any of the criteria for

listing in section 313(dX2). A chemical thus added to the list is subject to the same reporting requirements as all other chemicals on

the list. This procedure would not, of course, shift the burden of

proof in court from the Governor to EPA if EPA elects not to include a chemical proposed by a Governor on the list for reporting. Subsection (03) of the conference substitute provides that a

chemical may be deleted from the list if there is not sufficient evidence to meet any of the criteria described in paragraph k2). A

chemical need only meet one of the three criteria listed in subparagraphs (A), (B) or (C) of paragraph (2) to be listed . Similarly, a

chemical will be deleted only if it fails to meet any of these tl~ree

criteria.

In cases where the list of chemicals for which reporting is required refers to compounds of a "chemical" which is a group of related chemicals rather than a specific chemical with accompanying

Chemical Abstracts Service (CAS) ni,.mber, the person submitting

the form may include aggregate data including all releases of those

individual chemicals on one reporting form rather than listing data

separately for each individual chemical in the group . Thus, for example, a single form can be submitted for "polybrominated biphenyls" as listed in Senate Environment and Public Works Committee

Print No. 99-169 without identifying the individual polybrominated

biphenyls being released or reporting release data separately for

each one. This does not preclude the Administrator from requiring

reporting on individual chemicals for which aggregate reporting

otherwise would be required.

REPORTING THRESHOLDS

The conference substitute establishes certain threshold amounts

for purposes of reporting toxic chemicals. For the reports required

by July 1, 1988 on releases during calendar year 1987, reporting is

required of persons who manufacture or process more than 75,000

pounds per year. This threshold decreases over the next two years

to 50,000 pounds per year for the report due July 1, 1989, to 25,000

pounds per year for the report due July 1, 1990 and in subsequent

years. Reporting is required of facilities that use more than 10,000

pounds per year of listed chemicals for purposes other than manufacturing or processing of the chemical. The Administrator may

modify these threshold amounts for a particular chemical, provided

the revised threshold results in reporting on a substantial majority

of the aggregate releases of the chemical at facilities subject to this

section, but it would not necessarily require reporting from each facility.
p. 70

511 3

INFORMATION REQUIRED TO BE REPORTE D

Senate amendment-The Senate amendment requires the Administrator to publish a form which will provide for the following ~n

formation for each facility :

Name, location, and principal business activity .

Use or uses of each listed chemical . Annual quantity of each chemical transported to the faciliz.,. .

produced at the facility, and transported from the facility a~i

waste or product.

Annual quantity of each chemical entering each environmental wastestream.

For each wastestrearn the waste treatment methods errployed and annual quantity of the substance remaining in 'ne

wastestream after treatment.

The Senate amendment allows facility owners to utilize readi'LY

available data required to be collected by other laws, or reasonab~e

estimates where such data are not available. This section does not

establish monitoring requirements beyond those required by other

laws . The President must require that data be submitted in consi-stent units. Reporting by letter is required if the President has not published

the required form.

Data submitted under these requirements are to be made avallable to the public, consistent with the trade secret provisions ot

,

these amendments and section 104(e) of CERCLA, as amended . In

addition, the President is required to computerize the submitted

data and make them available to any person by computer telecommunications on a coat-reimbursable user-fee basis.

The Senate amendment also provides criminal penalties for

knowingly omitting material information or making false statements.

These information requirements do not preempt any state or

local law.

House amendment-The House amendment requires annual submission to local emergency response committees of status sheets on

extremely toxic substances listed under section 311(c) . These status

sheets include :

The total amount of a listed chemical released to the environment during the preceding 12 months

A summary of reportable quantity releases reported under

section 102 of CERCLA during the preceding 12 months and

A summary of reports to the State or the EPA Administrator of discharges in excess of permits issued under the Clean

Air Act, the Federal Water Pollution Control Act, or the Solid

Waste Disposal Act.

Readily available data collected under requirements or other

laws may be used for reporting requirements, and the House

amendments do not require monitoring additional to that required

under other laws. Data submitted are to be made available to the

K

UbUc, consistent with trade secret provisions in section 322 of the

ouse amendments.

Conference substitute-The conference substitute requires the Administrator, no later than June 1, 1987, to publish a uniform toxic
p. 71

511 4

chemical release form that facilities will use to report annual

leases to the environment . If the required form is not published . reR rts containing the required information must be made by lette r

e form must provide for ro ling of the following information

Name, location, and prMpal business activities at the facility.

An appropriate certification regarding the accuracy and

completeness of the report, signed by a senior official with

management responsibility for the person or persons compietthe reportor each listed toxic chemical, whether the chemical is manufactured, processed or otherwise used, with the general category or categories of use ;

an estimate of the maximum amounts (in ranges) of the toxic

chemical present at the facility during the preceding calendar

year;

for each wastestrearn, the methods of waste treatment or disposal employed, and an estimate of the treatment efficiency

typically achieved by such methods for that wastestrearn, an4 .

the annual quantity of the toxic chemical entering each enviornmental medium.

The Administrator should include guidance regarding the certification required by subsection (gXIXB) in regulations published

under this section. The purpose of the certification requirement is

to assure that a senior management official reviews the report for

accuracy and completeness.

The Administrator also should provide guidance regarding reporting of categories of use and ranges of amount of chemical

present at the fkcdity . The conference substitute provides for reporting categories of use and ranges of chemicals present because

the exact use of an identified chemical at a facility or the exact

amount present may disclose secret processes . In some circumstances, this information may need to be reported in terms of broad

categories of use or amount ranges, similar to those utilized for the

inventory of chemical substances in commerce required under section 8(b) of the Toxic Substances Control Act. However, consistent

with the community right-to-know purposes of this program, the

categories or ranges should be no broader than necessary to protect

the trade secret.

The estimate of treatment efficiency required to be reported

refers to the treatment efficiency typically achieved for each treated wastestrearn at that facility for the listed chemical as opposed to

other comuonents of the waste stream . It does not refer to the

design efficiency or the optimum efficiency of the treatment

system, unless such efficiency typically is achieved in practice . Reporting on releases to each environmental medium under subsection (gXIXCXiv) of the conference substitute shall include, at a

minimum, releases to the air, water (surface water and groundwater), land (surface and subsurface), and waste treatment and storage

facilities.

The purpose of this reporting requirement is to obtain available

information about rele&sft of IkW toxic chemicals to the environment. To lessen the reporting burden, the conference substitute

provides that readily available data (including monitoring data) col-
p. 72

5115

lected pursuant to other provisions of law may be .1sed for repor:-

ing under this section . Where data are not available reasonable estimates of amounts released may be used. The conference substi .

tute does not require monitoring or measurement of toxic chemical

releases beyond that required by other provisions of law. All monitoring or measurement data in the possession on the facility owner

or operator must be reported .

The annual reporting forms are required to be submitted to the

Administrator and to the State . The Administrator is required to

establish and maintain in a computer database a national toxic

chemical inventory based on data submitted tinder this section .

These data are required to be made accessible to any person by

computer telecommunication and other means on a cost reimburseable basis. In determining the costs of this database for purposes

of reimbursement by users, the Administrator is to consider the

cost of that portion of depreciable equipment devoted to this database as well as the cost of inputting the data, programming,

searching, etc . However, the resulting fee schedule is not to be pro.-

hibitive with regard to public access, and the Administrator may

reduce or waive otherwise applicable fees when, in the Administrator's judgment, such action is in the public interest and consistent

with the purposes of this section.

The Administrator also must make the data available by means

other than computer telecommunications, which may include respondin to reasonable requests for printouts of dati or analyses .

Also, t ~e Administrator may chw-e to publish the inventory or

summaries of the data.

Subsection (h) describes the intended uses of the toxic chemical

release forms required to be submitted by this section and expresses the purposes of this section . The information collected

under this section is intended to inform the general public and the

communities surrounding covered facilities about release of toxic

chemicals, to assist research, to aid in the development of regulations, guidelines and standards, and for other similar purposes .

MODIFICATION IN REMRTING FREQUENCY

Senate amendment-The Senate amendment provides for three

reports, each covering the preceding calendar year . The reports are

due on June 30, 1987; June 30, 1990; and June 30, 1993. House amendment-The House amendment requires that facilities report annually beginning 21 months after enactment or 9

months after becoming a covered facility for emissions of the preceding 12 months . Conference substitute-Subsection (i) requires annual reports beginning in 1988 covering releases from the preceding calendar year.

Beginning with the report due in 1994, the Administrator may

alter the reporting frequency. The reporting period would continue

to be calendar year releases for the previous calendar year . However, the Administrator could modify the reporting frequency either

nationally or in a specific geogrpahic area for (1) all toxic chemical

release forms under this section, (2) a class of toxic chemicals or a

category of facilities, (3) a specific toxic chemical, or (4) a specific

facility. These modifications may be different at different times .
p. 73

5116

For some chemicals or facilities the reporting frequency might be

lengthened to two years, or three years, or longer. For others it

could remain annual. The frequency could be lengthened at one

point in time and shortened at another . A decision could even be

made to require no further reports .

To make any changes in reporting frequency the Administrator

must determine that several conditions have been met . The Administrator must conclude that a modification is consistent with the

objectives of this section as set out in subsection (h) based on experience from previously submitted forms and on a series of additional determinations. These determinations are (1) the extent to which

the information has been used by the Administrator, other Federal

agencies, States, local governments, health professionals, and the

public; (2) the extent to which this information is readily available

to potential users from other sources and provided to the Administrator under other programs ; and (3) when shortening the reporting frequency, the extent to which this change imposes additional

and unreasonable burdens on facilities submitting reports .

In making a determination to alter the reporting frequency of information under this section, if the Administrator determines that

specific localities or states regularly use information reported

under this section on an annual basis and that this information is

not readily available from other sources as determined by the Administrator under section 313(iX3), it is expected that the Administrator will modify the reporting frequency using specific geographic

limitations so as to preserve the aanual availability of this information to such specific localities and states .

Any determination must be made through a rulemaking procedure under the Administration Procedures Act, and must be supported by substantial evidence. The Administrator must notify Congrew of an intention to initiate a rulemaking at least 12 months,

but no more than 24 months, before a rulemaking .

Finally, any modification to change a reporting frequency must

be reviewed at least once every 5 years to assure that the justification for the modification remains valid.

Subsection W requires that by June 30, 1991, the Comptroller

General of the United States, in consultation with the Administrator and the States, submit to Congress a report on this information

reporting program. The report will include a description of steps

taken to implement the program, the extent of usage of the information collected, and options for modifying the requirements of

this section.

MAW RAL"M STMY

Senate antendntent-The Toxic Chemical Release Inventory

Form submitted by each reporting facility would require the subission of information on the quantity of chemical substances

transported to the facility, produced at the facility, and transported

from the fikcilitv as wastes or products.

House amemjn:~nt-No comparable provision .

Conference substitute-Subsection (1) requires the Administrator

to arrange for a study to be conducted by the National Academy of

Sciences to evaluate several concepts involving the use of mass bal-
p. 74

5117

ance information. The report on the study must be submitted to

Congress within 5 years . The term .,mass ba'lance" is defined as the

accumulation of annual quantities of chemicals transported to, prr~-

duced at, consumed at, used at, accumulated at, released from, and

transported from a facility as a waste or product . It is anticipated

that these quantities will be determined by a variety of methods

including direct measurements, engineering estimates, estimates

derived from differences between measurements, and other methods . In carrying out its responsibilities under this section the National Academy of Sciences should include an assessment of the

quality of these measurements and the effect of inaccuracies on the

purposes of the study.

The Administrator is directed to acquire information from two

sources. First, the Administrator must acquire available mass balance information from States currently conducting or, within the

study period, initiating mass balance-oriented annual quantity

toxic chemical release programs . Second, if these programs fail to

provide an adequate representation of classes and categories of industry, the Administrator may acquire mass balance information

from a representative number of facilities in other States .

For example, assuming existing State programs include several

facilities which manufacture organic chemical products but only

one facility manufactures inorganic chemicals, the Administrator

could acquire the information from inorganic chemical manufacturing facilities in other States if the Administrator believed additional information was necessary for the study .

All information acquired under this section must be made available to the public except upon a showing satisfactory to the Administrator that the information is entitled to protection under confidential business information provisions of section 1905 of title 18,

United States Code .

Them are several purposes for conducting the study . First, it

should assess the value of mass balance analysis in determining

the accuracy of information on toxic chemical releases . Although

other provisions of this section require reporting of emissions, questions remain regarding the accuracy of these estimates. At issue is

whether mass balance analysis provides an effective method of asing the accuracy of these estimates .

Second, the study should answer questions regarding the value of

mass balance information or components of it, such as production

rate, in determining the waste reduction efficiency of different facilities or categories of facilities, and the effectiveness of toxic

chemical regulations. For example, can this information reasonably

be used to compare different facilities in the same business to determine whether one is applying more rigorous environmental control than another, or delineate whether reduced releases of chemcials reflect improved control or limited operation ?

Third, the study should assess the utility of such information for

evaluating toxic chemical management practices . For example, can

this information enhance assessments of whether facilities are altering their operations to reduce the presence or release of toxic

chemicals?

Fourth, the study should evaluate the implications of implementing a mass balance program concept on a national scale . This as-
p. 75

sessment should evaluate the value of information generated by

such a program to the public and to regulators and Policyrnakers a't

the local, State and national level together with the fin cial and an

other resources needed by governments and facilities to implement

such a program and possible trade secret concerns that may arise . Subparagraph (IX3XD) gives the Administrator enforceable authority to require submission of information necessary for this

study.

SUBTITLE C-GENERAL PROVISIONS

Swnom 32 1 -RELATIONSHIP TO OTHER LA w

Senate amendment-The Senate amendment provides that nothing be construed to limit the ability of any State or locality to require submission of information related to hazardous substances,

toxic chemical substances, pollutants or contaminants or other materials, or to require the submission or distribution of information

related to hazardous substances.

House amendment-The House amendment provides that nothing be construed to limit the ability of any State or locality to require submission of information related to hwa dous chemicals or

to limit the authority of any State to preempt any local law relating to the submission of information related to haza dous chemicals. However, the House amendment establishes certain requirements insofar as any State or local law related to the submission of

MSDS forms, or information supplemental to such forms . Conference substitute-Reflecting the policy of the Senate amendment and House amendment, the conference substitute provides

that this title does not preempt any State or local law or affect or

modify the obligations or liabilities of any person under other Federal law. The conference substitute incorporates the specific House

amendment provisions with regard to the MSDS forms.

SWTION 322-TP.ADE SEcRL-m

Senate amendment-The Senate amendment provides that no

person may claim that submitted information is a trade secret

unless such person shows at the time the claim is made that the

claimant has not disclosed the information to persons not entitled

or required to receive it, that the person has taken reasonable

measures to protect the information, that the information could

not reasonably be discovered by another person in the absence of

diwlosure, and that the information provides a competitive advantage and disclosure is likely to lead to substantial competitive

hmm.

Certain information, however, may not be claimed a trade secret.

With respect to hazardous chemicals as defined by section 101(14)

of CERCLA, no person can claim as a trade secret the chemical

name, physical properties, health and environmental hazards, potential routes of human exposure, disposal location, wastestrearn

identity and quantity monitoring data, or hydrogeologic, geologic or

groundwater monitoring data. With respect to toxic chemicals subject to reporting on annual releasm, no person can claim the iden-
p. 76

511 9

tity of a chemical or the quantity and nature of release to be a

trade secret .

House amendment-The House amendment allows any facility

owmer or operator submitting information to any person to withhold the identity of the chemical from the submittal, if the claim

that the chemical identity is a trade secret can be supported by

showing that the identity has not been disclosed to persons not entitled to receive it, that it is not required to be disclosed by other Federal or State law, and that knowledge of the information mav

give the submitter an opportunity to obtain an advantage ove'r

competitors.

The Administrator is required to publish trade secret regulations

which are identical, consistent with the above provision, and except

for certain procedural variations, with regulations issued by the

Secretary of Labor in the Occupational Safety and Health Administration Hazard Communication Rule. These regulations will be

published by the Secretary in accordance with the Federal court

ruling in United Steelworkers of America, AFL-CIO-CLE v . Thorne G. Auchter.

In addition, the Administrator is required to establish a procedure for any affected citizen to petition the Administrator to

review a trade secret claim . Conference substitute-The Conference substitute combines elements of the House and Senate amendments . Like the House bill,

the conference agreement allows only the specific chemical identity

(including the chemical name and other specific identification) t~

be claimed as a trade secret . The term "other specific identification" refers to information other than the name of the chemical,

such as the Chemical Abstract Services 1,CAS) number, which

j uniquely identifies the chemical. When the specific chemical identity is claimed as a trade secret, the generic class or category of the

hazardous chemical, extremely hazardous substance or toxic chemical must be submitted . Trade secret protection under this section

does not apply to extremely hazardous substances in a notification

required under section 304.

The generic class or category of chemical may be defined as

broadly as is needed to protect the specific chemical identity from

disclosure, but, consistent with the purpose of this title to provide

information to the community and the public, it should be defined

no more broadly than necessary to afford such protection. The Administrator may give guidance for choosing such classes or categories in implementing regulations, drawing upon experience under

the Toxic Substances Control Act .

As explained below, any person entitled to withhold the specific

chemical identity from a submission required by this title under sections 303(dX2), NNW), 311, 312, and 313 must claim the identity is a trade secret on the basis of certain factors enumerated in

the conference agreement, explain in the submittal the reasons

why such information is claimed to be a trade secret, based on

these factors, and submit the withheld identity to the Administrator together with a copy of the submittal .

Like the Senate bill, the conference substitute requires that a

claim that the specific chemical identity is entitled to protection as

a trade secret be documented at the time the claim is made. Con-
p. 77

5120

sistent with the procedures in subsection (d), the claimant must

support a claim of trade secrecy with assertions of fact concerning

the criteria described below sufficient to show, if such assertions

are true, that the specific identity is a trade secret based on those

criteria.

The decision to claim that a specific chemical identity is a trade

secret can be made by each facility based on the factors enumerated in section 322(b). In some cases a facility may purchase chemicals the identity of which are not considered to be trade secrets by

the seller. However, the knowledge of their presence at the purchasing facility could effectively define for its competitors the process and/or products being made there . In such instances, these facilities may choose to claim these chemical identities as a trade

secret. Such determinations would be subject to the trade secret

claim limitations of this section. No person may claim specific chemical identity as a trade secret

unless the person shows each of the following with regard to the

information withheld:

(1) That such person has not disclosed the information to any

other person, other than a member of a local emergency planning

committee, an officer or employee of the United States or a State

or local government, an employee of such person, or a person who

is bound by a confidentiality agreement, and such person has taken

reasonable measures to protect the confidentiality of such information and intends to continue to take such measures.

(2) That the information is not required to be disclosed, ur otherwise made available, to the public under any other Federal or State

law.

(3) That disclosure of the information is likely to cause substantial harm to the competitive position of such person.

(4) That the chemical identity is not readily discoverable through

reverse engineering.

The term "reverse engineering" is not defined by the conference

substitute. It is taken from the opinion of the United States Court

of Appeals for the Third Circuit in United Steelworkers of Anterica,

AFL-CIO-= v. Thorne G. Auchter, 763 F.2d 728. (3d Cir. 1985).

Regulations required to be published by the Administrator under

this section of the conference substitute are to be equivalent, with

respect to the reverse engineering factor, with comparable provisions of the OSHA Hazard Communication Standard as it is revised

pursuant to the opinion described above. The requirement for

equivalence applies only to the reverse engineering factor in subsection (bX4). The regulations under this section are to be "equivalent" to comparable provisions of the OSHA regulations, rather

then identical to them, because the two regulations address different types of reporting covering different forms of chemicals . The

OSHA regulation applies to chemicals in the workplace and chemicals used in the manufacture of products, while this title applies

also to toxic chemicals released to environmental media . Thus, the

Administrator may consider the ability of persons to detect the

presence of a specific chemical at a facility by reverse engineering

applied to environmental media con facility wastes as well

as to chemical products.
p. 78

512 1

Subsection (d) establishes procedures for review of claims that

specific chemical identity is a trade secret . This review may be ini- tiated by the Administrator or it may be in response to a petition . Any person may initiate such a petition.

If a petition ~or review of a trade secrecy claim is filed . the Ad- ministrator is required within 30 days to review the explanation

for the claim filed by the claimant and determine whether the explanation presents assertions which, if true, are sufficient to justify

the claim. The petitioner does not have the burden of demonstrating the inadequacy of an explanation submitted in support of a

trade secret claim .

If the Administrator finds that these assertions are sufficient,

the Administrator must notify the claimant that he has 30 davs to

supplement the explanation with detailed information to support

the assertions . If, after review of the supplemental information, the

Administrator determines that the assertions in the explanation

are true and the specific chemical identity is a trade secret, the Administrator must notify the petitioner of this determination . The

petitioner may seek judicial review of the determination . 'If the Administrator determines, after review of the supplemental information, that the assertions in the explanation are false and that the

specific chemical identity is not a trade secret, then the Administrator must notify the claimant that the Administrator intends to

release the specific chemical identity . The claimant then has 30

days to appeal the determination and may seek udicial review of

the determination if the appeal is unsuccessful . Subsection (dX4) establishes procedures to follow if the Administrator, in response to a petition or at his own initiative, determines

that the explanation that accompanied the claim of trade secrecy

presents insufficient assertions to support a finding that the chemical identity is a trade secret . In this case the Administrator is required to notify the claimant of this determination, and the claimant has 30 days to appeal the Administrator's decision or, upon a

showing of good cause, to amend the original explanation by providing supplementary assertions to support the trade secret claim . The opportunity to supplement the record on the basis of "good

cause" provides an opportunity to provide the Administrator with

information that was not available at the time the initial explanation was submitted, information that was not called for under regulations and guidance in effect at the time, that information was

mistakenly not provided by a claimant who otherwise has acted in

good faith to comply with requirements of this section, or for other

similar purposes. This opportunity should not be construed to diminish the obligation of the claimant to submit an initial explanation that complies with the requirements of this section and applicable regulations.

If the Administrator does not reverse his determination after an

appeal or review of supplementary material, then the Administrator is required to notify the claimant, who may seek judicial review

of the Administrator's determination . Ifthe Administrator does reverse his determination, then the procedures described above related to review of detailed information in support of a claim shall be

followed.
p. 79

5122

Nothing in this section or implementing regulations shall authorize any person to withhold information required to be submitted to

health professionals under section 323

.

Subsection (f) provides that the explanation that must accompany a trade secret claim and any supplemental information required to be submitted by the Administrator shall be available to the

public unless any person shows, to the satisfaction of the AdminL- ;;- trator, that such information is entitled to protection as a trade

secret under section 1905 of Title 18 of the United States Code . In such cases, the information shall be considered confidential, except

that it may be disclosed in whole or in part to other officers, employees, or authorized representatives of the United States concerned with carrying out this title . Subsection (g) requires the Administrator to provide trade secret

information to a State upon request of the Governor of the State .

Access to information under this subsection is not limited to information pertaining to facilities within the State of the Governor

making the request. The provisions of section 325(dX2) apply to the Governor and State employees .

Subsection (h) requires that, when the specific chemical identity

is withheld from the public because of a claim of trade secrecy, appropriate government officials will identify the appropriate adverse

effects associated with the chemical and provide this information to

any person requesting information about the chemical . In the case

of hazardous chemicals and extremely hazardous substances, the

local emergency response committee or the State emergency response commission must perform this function with regard to the

adverse health effects associated with a hazardous chemical or extremely hazardous substance . In the case of toxic chemicals for

which annual release reporting is required under section 313, the I

Administrator is to include health and enviromental effects information in the computer database required to be maintained by sub- t

section 313(i). The adverse effects identified should be described in

general terms so as not to provide a unique identifier of a particular trade secret chemical .

Subsection Q) provides that all information reported to or otherwise obtained by the Administrator or his representatives under

this title shall be made available to a duly authorized committee of

Congress upon written request of such committee . Since the Administrator wiH have records of trade secret chernical identity information, such information could be subject to requests under the Freedom of Information Act (5 U.S.C. 552). That

Act prescribes short time deadlines for responding to requests for

records. Section 322 of the Conference substitute provides specific,

more extensive procedures for making trade secret determinations

for chemical identity information, including longer time limits for

the Administrator to act, and provides separate authority for petitioners to seek judicial review of determinations that such information constitutes a trade secret. As described above, section

326(aXlXBXvi) provides a mechanism for seeking judicial review of

the Administrator's failure to respond to a petition. Accordingly,

with respect to requests for public access to specific chemical identity information claimed as trade secret under section 322, the pro-
p. 80

5123

visions of the Conference substitute supersede the provisions of the Freedom of Information Act .

SEmoN 323-PRovisioN OF INPORmATIO?i To HrALTH PRorEssioNAis, DocToRs AND NuRsEs

Senate amendment-The Senate amendment contains no comparable provision.

House amendment-The House amendment establishes provisions which allow access to trade-secret information by various health professionals who have a need for such information . It in- cludes separate provisions related to access by treating physicians

or other health professionals faced with a medical emergency, a

physician or other health professional in instances where no medical emergency is present, and to State and local government health

professionals . Except for medical emergencies, a statement of need

is required when the information is requested and the person requesting the information must enter into a confidentiality agreement limiting that person's use and disclosure of the information .

Conference substitute-The conference substitute adopts the

House amendmentg with modification of the confidentiality agreements required in certain circumstances by the House amendme

i

nt.

In adopting provisions requiring a statement of need in specified

instances, it is not expected that this will add a significant burden

to those seeking access to the information. Nor is the confidentiality agreement any broader than that needed to protect as a trade

secret the specific chemical identify, as determined under section

322.

The confidentiality agreement normally should not prevent consultation among health professionals or inhibit the normal dissemination of medical information, provided that the trade secret itself

is not compromised. In most ca , it is the linkage of a specific

chemical with a specific facility or c-3mpany that constitutes the

trade secret . In that case, the confidentiality agreement should not

prevent a health professional from discussing in a public forum the

relationship between a specifically identified chemical and a particular disease, for example, so long as the chemical can not be

linked to the company that has claimed the specific chemical identity to be a trade secret.

Swnom 324-PusLic AvAnAsu"Y OF PLANS, DATA SHEEM, Foitms

AND Fouowup NoTiczs

Senate amendment-The Senate amendment requires that toxic

chemical release forms, MSDS and emergency and hazardous

chemical inventory forma beyublicly available.

House amendment-The mouse amendment rel tures that all

such forms and reports be publicly available, -d requires that

public notice be made of the availability Of such form C,Onfer-ence substitute-The conference substitute adopts Provisions for the public availability of such forms, and public notice of

such availability. With respect to making the information from the

toxic chemical release forms publicly available . it is understood

that the Administrator may fulfill this requirement by satisfying

the reouirements of section .113(i).
p. 81

SEMW4 325-ENFORCEMEN

T

Senate amendment-Failure by an owner or operator of a facility

to notify appropriate local emergency coordinators and governors

of a hazardous substance release is subject to a civil penalty, to be

assessed by the President, of not more than $10,000 for a first violation, $25,000 for a second, $50,000 for a third and $75,000 for a

fourth and -subsequent violations . Procedures for assessing and

challenging the penalties are prescribed. Criminal peiialties of

.i25,000 or two years' imprisonment or both, for a first conviction of

failing to notify, and $50.000 or five years' imprisonment or both

for second or subsequent convictions are also provided . (Section 109

of the Senate bill).

The President may order a facility owner or operator to comply

with a requirement (1) to submit material safety data sheets or an

emergency inventory form to appropriate local, State or Federal officials (section 111 of the Senate bill); or (2) to notify the Governor

that the facility is subject to emergency planning requirements or

provide the local planning Committee with specified information .

(Section 127 of the Senate bill). Violation of, or failure to comply

with, the President's order subjects the violator to a civil penalty of

not more than $25,000 for each day of violation .

Any person who knowingly omits or falsifies or misrepresents information on the Toxic Chemical Release Inventory Form, upon

conviction shall be fined up to $25,000 or imprisoned for up to one

year, or both. (Section 110 of the Senate bill).

House amendment-Any facility owner or operator who violates

the requirements relating to hazardous substances reports, extremely toxic substances Status sheets, or notification of a hazar+

ous substance emergency will be liable for a civil penalty up to

.320,000 for each violation.

Any owner or operator violating the requirements relating to

material safety data sheets, to providing information to health professionals during a medical emergency, or to providing the Administrator with trade secret information when requested, will be subject to a civil penalty of up to $10,000 for each violation.

Doctors or nurses who request and are refused trade secrets information during a medical emergency may bring an action in Federal district court to require disclosure of the information .

The Attorney General is directed to conduct a study of the need

for, and appropriateness of, criminal penalties for violations of

emergency planning and community right to know provisions of

law. Conference substitute-The conference substitute is a combination of House and Senate provisions . With respect to emergency

planning, section 325(a) gives the Administrator authority to order

an owner or operator to provide required notification to State or

local authorities under sections 302(c) and 303(d). A civil penalty of

up to $25,000 for each day of violation is provided.

Section 325(b) gives the Administrator authority to assess civil

penalties of $25,000 for each violation of the emergency notification

requirements of section 304 . Provision is also made for administrative and judicial penalties of $25,000 per day for a first violation
p. 82

Conference substitute-The Senate provisions allowing an y

person to bring enforcement actions are adopted with respect C'o

the following actions :

I . Against an owner or operator for failure to do any of the following:

~a) Submit a followup emergency notice under section 304(c)

. _~b) Submit a material safety data sheet or a list under section 31 I(a).

(c) Complete and submit an inventory form under section

312(a) containing tier I information as described in section

312(dXl).

(d) Complete and submit a toxic chemical release form under

section 313(a).

2 . Against the Administrator for failure to do any of the following:

(a) Publish inventory forms under section 312(g).

(b) Respond to a petition to add or delete a chemical under

section 313(eXI) within 180 days after receipt of the petition .

(c) Publish a toxic chemical release form under 313(g).

(d) Establish a computer database in accordance with section

313~).

(e) Promulgate trade secret regulations under section 322(c) .

(f) Render a decision in response to a petition under section

322(d) within 9 months after receipt of the petition .

3 . Against the Administrator, a State Governor, or a State emer.

gency response commission, for failure to rovide a mechanism for

public availability of information in accorJance with section 324(a).

4 . Against a State Governor or a State emergency ,esponse commission for failure to respond to a request for tier 11 information

under section 312(eX3) within 120 days after the date of receipt of

the request.

State or local governments may commence a civil action against

an owner or operator who fails to do any of the following :

I. Provide notification to the emergency response commission in

the State under section 302(c).

2 . Submit a material safety data sheet or a list under section

311(a).

I Make available information requested under section 311(c) . 4 . Prepare and submit an inventory form under section 312(a)

containing tier I information.

An~ State emergency response commission or local emergency

planning committee and, in the case of section 312(eXl), a fire department with jurisdiction over the facility, may commence a civil

action against an owner or operator of a facility for failure to pro .

vide information under section 303(d) or section 312(eXI).

Any State may commence a civil action against the Administra.

tor for failure to provide information to the State under section

322(g).

Actions against an owner or operator must be brought in the district court for the district in which the alleged violation occurred,

and any action against the Administrator may .be brought in the

Federal District Court for the District of Columbia .

Prior to bringing suits, a person must give 60 days notice to the

Administrator, the appropriate State and local officials and the al-
p. 83

and S', 5,000 per day for a second or subsequent violation, for each

day the violation continues . Section 325(bXlXEX4) establishes, in addition to civil penalties,

criminal penalties for any person who knowingly fails to provide

notice in accordance with section 304 . Such criminal penalties, of

course, would not be mandatory should EPA determine that a violation has occurred, and standard prosecutorial discretion would

apply. Section 325(c) provides for administrative and judicial civil penalties of up to $25,000 for each day a violation of the reporting requirements of sections 312 or 313 continues and up to $10,000 for

each day a violation of sections 311, 322 (a) and (f), and 323(b) continues.

Section 325(d) provides for administrative and judicial civil penalties of up to $25,000 for assertion of a frivolous trade secret claim .

A criminal penalty of up to $20,000 or imprisonment of not more

than one year or both is provided for unlawful disclosure of trade

secret information .

Section 325(e) allows a health professional to bring an action in a

Federal district court to obtain information from an owner or operator that has been requested under section 323 when the request

has not been complied with.

Section 325(f) establishes procedures for the review and collection

of administrative ci~il penalties.

The Senate provision imposing criminal penalties for falsification

or misrepresentation of information on a Toxic Chemical Release

Inventory Form is deleted as unnecessary because of applicable

criminal penalties already in law under section 1001 of title 18 of

the United States Code .

SEMON 326-CrviL AMONS

Senate amendment-Citizens are provided a right to sue in Federal court to enforce standards, regulations, conditions, requirements and orders under the notification, emergency planning and

hazardous substance inventory provisions of the Act and to seek

the performance of nondiscretionary duties under these provisions

by the President or delegees of the President. Prior to bringing

such suits in Federal district court, a citizen is required to give 90

days notice to the State and the Federal government, and, where

appropriate, to the alleged violator. No action may be brought

under this, provision if the State or Federal government is diligent

ly prosecuting an enforcement action for the same violation. Citizens are granted a limited right to intervene in such governmental

enforcement actions brought in Federal courts. Conversely, the

President or a delegee may intervene an a matter of right in any

citizen action brought under this section. The court may award the

costs of litigation, including attorney fees, to any substantially prevailing party. The court may order appropriate remedies for violations or failures to perform nondiscretionary dutie% including the

payment of any civil penalties provided under the Act for the violation.

House amendment-No comparable provision .
p. 84

leged violator. No action may be brought under this section d the Administrator is diligently prosecuting an enforcement action for

the same violation.

The court may order appropriate remedies for violations or failures to perform nondiscretionary duties, including the payment of

any civil penalties provided under the Act for the violation . Citizens are granted a limited right to intervene in such governmental enforcement actions brought in Federal courts . Conversely,

the Administrator or a delegee may intervene as a of right in any

citizen action brought under this section . The court may award the

costs of litigation, including attorney fees, to any substantially prevailing party.

SECTION 327-ExEmpnoN

Senate amendment-The Senate amendment contains no comparable provision . House amendment-The House amendment provides exemption

from the requirements of this Title to the transportation, including

the storage incidental to transportation, of any hazardous chemical

or ha7ardous substance.

Conference substitute-The conference substitute adopts the

House amendment, clarified to assure the exemption of the transportation and distribution of natural gas . Therefore, with the exception of the provisions relating to emergency notification, the

provisions of Title M do not apply to transportation or storage incidental to such transportation . The exemption relating to storage is

limited to the storage of materials which are still moving under

active shipping papers and which have not reached the ultimate

consignee . This is consistent with the manner in which storage facilities are treated under the Hazardous Materials Transportation

Act. For example, storage of materials in raU cars or in motor carrier warehouses would be exempt from the requirements of Title

M (other than emergency notification) if the materials were under

active shipping papers . On the other hand, storage of materials in

facilities on the site of the consignor or consignee, even if such facilities are primarily transporatation-related, are subject to the

provisions of Title M, since the storage would occur either before

or after actual transportation of the materials .

SwnoN 328-RzGutATtoNs

Senate amendment-The Senate ampndm nt establishes Emergency Planning and Community Right-to-Know provisions as a part

of CERCLA; provides general rulemaking authority to the Administrator under section 115 of CERCLA.

Roum amendment-The House amendment establishes rulemaking authority for EPA on specific provisions, but includes no general rulemaking authority. Conference substitute-The conference substitute establishes general rulemaking for EPA Administrator.
p. 85

5128

SEcTiON 329-DEFINITIONS

Senate amendment-The Senate amendment defines such terr

as were used in the Act .

House amendment-The House amendment defines such tern

as were used in the Act.

Conference substitute-The conference substitute defines the fc

lowing terms, which are used in the Act: "Administrator", "env

ronment", "extremely haza dous substance", "facility", "hazardOL

chemical", "hazardous substance emergency", "Material Safet

Data Sheet", "Person", "release", "State", and "toxic chemcial" .

SEc-moN 330-ALFTHORIZATION OF APPROPRIATIONS

Izenate amendment-The Senate amendment, which enacts Ernet

gency Planning and Community Right-to-Know provisions as par

of CERCLA, provides funding for the program from the "Super

fund. "

House amendment-The House amendment enacts Emergenc~

Planning and Community Right-to-Know as a free-standing title'

with funds to be provided under the existing EPA authorization .

Conference substitute-The conference substitute authorizes thcappropriation of such sunm as may be necessary to carry out this

title for fiscal years beginning after September 30, 1986.

TITLE rV-RADON GAS AND INDOOR AIR QUALITY

RESEARCH

Senate amendment-The Senate amendment creates a new pro.

gram for indoor air quality research, including radon .

Section 502 includes findings of the Congress relating to radon

and other indoor air pollutants. These include Congressional findings that radon poem a serious health threat; that various other

indoor air pollutants may pose a health threat; that existing Federal programs for research of radon and other indoor air pollutants

are fragmented and underfunded ; and that an adequate information base concerning radon and other indoor air pollutants should

be developed .

Section 503 provides the structure for the research program

within the Environmental Protection Agency . Subsection (a) provides that the EPA is to gather data on all aspects of indoor air

quality, coordinate Federal government and other research and development activities, and assess appropriate Federal actions to

mitigate risks posed by radon and orther po uta U nts.

Subsection (b) specifies that the research program must include

poUutants monitoring, research of health effects, research of con

trol technologies, demonstration of control measures, and dissemination of information to the public.

Subsection (c) provi es for an advisory group representing Federal agencies and an advisory group representing States and other interested parties to assist the EPA Administrator in development of

the research program .

Subsection (d) provides that the EPA is to submit an implementation plan for research tinder this section to the Congress within

ninety days of enactment.

c
p. 86

5164

[From che Congressional Record, Occ . 3, 1.986, pp . Sl~,895-3'1,~18

S1 .943 )

SUpERFUND AMENDMENT AND There is a sufficient second.

REAUTHORIZATION ACT-CON.

The yeas and nays were ordered .

FERXNCE REPORT Mr. DOLE. Mr. President, the vote

will now occur on the Superfund con,

Mr, DOLE. Mr. President .

I

a3k !erence report immediately !ollow :ng

unanimous consent that the Senate the vo te on the continuing resoiut.on

now proceed to the conference report The PRESIDING OFFICER . That is

to accompany H .R . 2003 Superfund . ca"ect.

that it be considered tinder the follow . Mr. STAFMRD. Mr. President. LS

Lng time ii.-nit : 30 nunutes on the con- chairman of the Committee on EnvLference report to be equally divided-it ronment and Public Works. I can Say

does not all have to be used-tetween that there were times um the Ions Lad

the chau7nLn of the Committee an En- difficult Period when we were developvLronment and Public Works . Mr. Lng the Superfund lestalation. which is

STA"O". and the ranking minority now before us. there were times when

member. Mr. BXICT3CP . and in addition we were getting it through the Senate

to the Senators from Oregon . Seniator and espect"y there were times in the

PAcKwooD. and the Senator from Lou- long and difficult committee of comfer131ana . Mr. LONG . but the Senator from ence between 'he House and he

Texas and the Senator from Vermont Senate that it seemed to me we might

would be in chairge of the time, follow- not achieve what we finally have.

ing conclusion or yielding on the So I am particularly gratified and in

debate itself. that the yeas and nay& fact elated that we have fLn&Uy

be ordered. and that the vote occur brought a conference report signed as

in=edlatelY foU*wtng final passage of far as I know by all of the conferees

the continuing resolution. for the Senate before this body this

The PRESMING OMCER . With. afternoon.

out obJection . it is so ordered. At this point I am very happy this is

Mr. DOLE. Mr. President.

I subauta agood bLU and will maturaily expand

report of the committee of conference our efforts to clean up hwArdous

on H.R. 2005 and ask for its immedlAtC waste sites around this country . It will

consideration. notadd to the national deficit or debt

The PRESIDING OFFICER- The because it wW be a seLf-sust&Lrung

report wilil be stated . fundfor the most part.

The legislative ckerk read " follows: AA CLAANATION OF SONX PROVISIONS

The committee of conference on the dw Mr. President. I LM 9MLifted that

agreeing votes of the two Houses on the the Senate to finally able to turn to

unendmitnt Of tile SePAL* to the blu iH.P- this legialation. At this point, we

2003) to amerid title U of the Social Securi- cannot be sure whether this or any

ty Act and related provisions of law to mate other Provision related to SuperfUnd

minor improvements and nwesoLrY tecrUU- wtU become law during thin ConCrese.

cal changes. have met. after full and free

conference. have agreed to recomss%end and Por the sake of the hundreds who

do recommend to their respacthe ROU849 have worked on this leglislation. and

this reporr- sigrigo by a ma)onty of the con. the millions who are to protected. I

fereas. hope It willbe enacted. But . in &U honThe PRESIDING OFFICER. With- esty, that It merely hope at this point.

out objectlon.

the Senate will Plot! Should this bill be taken up and

to the consideration of the conference become law, some of its provisions rereporL quire further clarification. The pur-

(The conference report will be print- pose of this statement is to . at least

ed in the House procesdLnp of the hopefully . provide some of that el&rLnRitcoals of October 3, IM.) caUan. WhU* this Senator was only

Mr. DOL& Mr. President. I ask for one member of the Conference Comthe yes& and

n&yL mittev. he faithfully "tended all of

The PRZBMD10 OP71CEIL Is the Conferenot Coomw9tee meetings

then a sufficient second? and a but one of the so-called Rub.
p. 87

5 18 4

pr,oposed Clean WSW Act amend . Senate PucJltc Worx3 Comr..,t-,e

.nenti which had been reported by the report on the Clean Waler Act ulie at .

subcommitte,* an Air And Water Pat. titude and Intent Of the fhernOerS %as

lu-.joh . During the reTtew Of the Citi- reM&ftabiy Consistent . Not once %%s

zen suit provision. the following ex . there ever Any doubt AA to what they

Change took Place: intended or disagreeMCOL AS W its cor .

&."&LOT Coorm Do Toes Wont in tell us rectriess. In every discussion of the

Against 11holo Action nor be brought And matter it w= cleur that &JI other

for What OLLUM am then excvouom? Th" rtgnts-,whether State or FederaL stat~

on case I IS. sunSgIcuoa 0. you Add. " NotWne utory or common law- were W be pre .

sh&U restrict any nebt wrUch a" 0traGn (Or served.

CILU Of persons I . . .-. Is the Mehl of A clan The Clarity of the 11pe ted

of persons only avall"It under the condi. ments W this effeC% and the unanartity tions met out in e. in other words. when they of agireement an the propoutIon made have a right under Stat* statute of common further discussion mearunglfte

law, I L

Mr might observe that this Senator . MCT=L Well. it Is a parenthoneal was

a Member of the other Chamber Phrase .

Mr Jo%LAjt4 (stel . The Int"tton IS, AS In when the Clean Air Act amendments

the ALP Bill. to AV" In thiii pro"AM Any Of were Adopted and a member of the

the Comoloattlis that am "used With cradw Senate Conuttittee on Public Worts

acuon (aacarently class-action, suits an the when the Clean Water Act Amend .

O&M Lb" this is 4 PCOVISIon that SULhOrUM ments wero considered and approved.

oruy 4quitabio relief . TbAre is no p ov Ion Speaking only for himsed. this Sens.

for in@ recovery at - AS nor for requwo- Lor can recall no Occulact an wtuch it

merk of snowing of damases . WWever Suggested at the LIMe Of their

The orovumon. SUbASCUoo (*). provides conakitratlon th" the enactment of

merely that this section. Lhe &UUUwUAUOn the Claw Water Act or the Clean Alt

granted In this sectIcA. 10 no 0,41 &ff*cU Act would diminish the right& of inan? rights a Perb= has. Whe"er or n0t Jurod Parties. On the other hand. I

Acting alone or AS a clam Under any Other

can find a i rd recleta with un. law . statutory or admawn . for rehet against

a Pollutor (Sic) . This would normally mean equivocal AL"Olnentil by Memoem Lod

that if there on soost dMmg*L At&n"Fd suat that thaw rights were to toe Of%-

camnuic law 4AMAGW And a DOUG wowd served . combined with clear inaica.

i4ke to lout With a CLAN of pedol* that suf. tione of affirmation and agreement by

fered Similar damage . this 000 SM CrQV*CIL other Senators and Representatives.

them from dou38 $0 . (Tnu%&Crl&t Roll 17 . 9 .

In this face of a record such as UUa,

tell-is.) it Seem UnpossIble for any reasonabl e

This understanding of tbt savings Person to conciude that the Congreas

clause was Lisp reflected in the coco- intended by the enactment of these

mittee report accompanying S. 2770. laws to provide the Dubuc with less

which expLiujised what was to becorne orotoction from Person&I Injury than

section 505(c) As follows: it had before. Such a conclusion Ls dl .

recur at odds with every SLAtemeat It should be noted. however. that the see- made during the long and detailed tion vouid spaciffewly preserve any riot s

or rem"es under asir oLfter Law . Thus.

it consideration of then laws. Neverthedamages could be show% olsier reftedles lewL Spent perwris apparently tiave

would remajA availabia. Cartoliance with re- reached such a conclusion In the ;)&St .

quiremenia under in" a" would noe be a I would hope that In light of the LrJor.

defense to a Commoo law action for "Llu- mation I have Just provided . they vill

tion damages. (lagislauve History at the reconsider and correct earlier deCtWater Pollution Control Act Amendmems SIOnS.

ot 1972 . Concrmoonal Research Service. U- Mr. President. the complete tran- br&ry of Corigress . WashLACU41, 0 C~ 0.

M" scilPt to which I have referred are

.) available through the document% room

The isrue, of what tmoscu if any. the at the Comnuttee on Envvenment and

enactment of the Clean Water Act Public Works Should any Person WLsh

would have an the availability of other to rrAev them

statutory or command law remedies rMA git--comarvirr" atcarr To emow,

was apparently not discussed further. Mr. Preeildent. I would like to contin .

However. it woWd a"= that further Ue MY commenutry with a few rediscussion was unnecestAry . ftom the merits about the Community Rtgnt-to.

first mention of the issue by Senator Know 0rOVWonX of this bill . I was

Baker during the subCOMIUKUt mark- Privileged to serve with two of my cot .

ups of the Clean Air Act to the IM it- lesicues. Senator Somim and Senator

carded mention of the subject in the LAtrTlixema. AS Senate representatives
p. 88

5185

10

a 11tim"D Of the Superfund Con- sions made to Lrsde sea t concer,"

(11ence that developed in,, conference MUM be Only as broad as neamissary W subsutute language for this jue . proitect, a legitimate uvAt secreL

These Provisions Wore developed In In Lb" regard. am at the moet m .

large Part As & Mutt of the terrible Portent Provisions Of this bW is the rt, disaster In BhoMLL Indiii, " which QuJiromant that W parsom who ctaiv,,

deadly fumes of mothyi Loticyanate . IL the qWcdk Wilintity of a a&L-L-1 S,0.

pesticide . intermetliate . were released Ject to mporuw inust substantiate accidentally into a sie"Ing commuhl. that elgi_ " the tuffe the 1,1M 4

ty . resulting In death or injury to made. This mquMlinieng for gubt&n .

thousands Of People. A strong woriter tiation consisitiW W1Uk the 154MAte W11 . and community right-to-know move. The showinigis Lho cLaju:6LDt must =Axe

ment already was developlog In this at the Ume the trade secrecy c1jum s

country . The Bhopal disaster focused

Public attention on the fact that ex . submitted am Got Out CbgLrIY In the

tremelY statute. 71M Environmental Protec .

dangerous chemicals are tion Agency must determine whethe r

present at Cheallcaj ManufsCtUring the submitted Justificstiou for the

Plants and other faellitles in communi. claim. Assuming Its veracity . meets -he

ties &U across AmOrICIL This Utle of substantiation requirements of section the SuPerfund bill recogniz" a basic 3 1 S(b).

fact: that CitiXons have a right to know Procedures are set out for persons to

about the" ChetRICALS-what they are. Petition the Ageucy to release trade Where they us. and how much of secret Latorm-LIom These procedures them Is present. do not shift the buirden of proof to th e

But the bill goeii beyond concern Petitioner. LaStesd. they provide a

about accidental releases of these MeCh&nl= by WhiCh a citizen can re.

toxic and hazardous chemk2lii, It Liao quire a trade secret claimant to docu .

recogniiiiss that the public has a right ment the legitimacy of Lbe trade secret

to hill Wormed about routine rel and the veracity of the cI&Lm with re .

of thaw choltaftle to the air and the SMt U) the elements Of Substantiation

water and the landL Just as the public discussed above. Thus. for example. a

has a right to know wwA relogs" claimant may support a trade secrecy

that might haPpen as a result of an ac. cl&Lzn. In Pvt. by "wrung as fact that

c1diont . the public alsts hais a right to the chemical is a secret cLt&Lyst that

UWW &bout rele"M that do happen allows A certain Incremental gain Ln

every hour and c-.- : .-y day that Production efficiency . Lad that disclo.

manufactil"M facilities opersite. Sum that the chemical is present a t

The ShOW dMillistiltir aim focused the fWiity would reveal this fact and

PUNW "tontLon an the inadequacy Of would "Cause substantial ham to the

disagIff planning around IaWftlw competitive position-- Of the claimant.

whom ISM Amounts of toxic ant! has. Upon Challenge by the Administrator

Srdoull Chemicals an used and stared. in response to a petition. trio claimant

The bill deals with this Won by re . mugt document thus assertions with

quirlm the establishment of sopmri. fiPPrOOnate chemical engtneertng and

SIS OUWMMC7 Plane In communities maftet data. The bill conta" &pprowhere certain dangerous Chemicals are PrIAL0 Penalties for false representa .

used or store& tiorks. Mr. PredidGUL I would 111te to assib. Of COUM. the Adrainistmtor is not

Um a few particul" provisions of this required to wait for a petition Ln order UU46 to require documentation of the iegm- One Of the MOK dLtfkwt Motion that Macy Of a rl,i- confronted the CQW*rvm was the quois. The conference substitute LLso con .

tion of trade sKtW& There in no quo& Mine special Provisions that assure dLs- tion that "timate trade SMMU exist closure of truk secret chemical Ideral- in UW chemical lnduVj7. 3o=Umds ty to &is&= Lod. an the basis of a con-

= Advantage gained by use *C a per- fidentlAilty agreement . to health prot,CUJW chemical compound in a com. fookinals. StAW health professlon&ts

plez fabrication process repi is the do AOIL he" to execute confidentiLUy cocep"Itive oft* that comom has agreements because of their position Owes Oithdra, as employees of Stata covernment.

But it is "Many true thall, UW pri.

It is not Intended that the confidenmary purpose of a commun" right.

WkVAV law is to WOM We public tiality agreement create a significant

&bout these Chemicals. Any bunim for the health Professional .

The health Professional Is In the best
p. 89

5186

poseam to Ames whether Kwartedge Therefore. a deemon to list a Lttemical

of speedist chmical Mentity Is needed for UW PUFOOm Of MPOI In# under

to to= 10 W ftV 00101desekstial re- this "CUO01 011A WA Shouid be made

sponobiltity. Use taefty owner or olver- on the bes" of Jesse ScWKLfk evkk"we

"4§r sac"Id a" UMAMZ* his or her than would be z to regulate as

judgmesst for 4h" ag Me, health Pro- M&nuf&CtQM un or dIsPo"A.

fougo"L This 11 a aim requires the Ad.

Sliesuarty . the codlidenuamy agre- miniftraLor to nomputertm the data

men& muest hot 11=19 unduly the use of reported an tb* required forw and to

the injoesleashm by the health profes, MAJLo tbdm data &VILLISIMIN to the

sicessba, Vw-fts"W. hftkh PrOf- Public by varwnss, me&A& Sucatwui

dossam rddidneft dowulk With one an- LMOICUSCUL"loo Of Chu MuLtUrkent ul

Other about lybotoM esodiciLl, ftnd- vital to the bask purpose at the pro.

UWL and thes dlaftw. A gram. Tht data sboWd Or MLassied La

coliftdsesdaller agreebrent shotrid not Cho computer in such a Iray n to LUoi,

inhibit gab INCAURACW& 44-11ally.

a ends vwiety of spairm. ftr e---

hftjtb.vrofmdooslp ortec Present lec- via . it should be possabW to retnev o

dua a" attly About Umvidual cum W Publish " Me factuabout Usair-researeb papers ties. but also sur"ML4 dat& argan=ed and MI-1-1 expeHence. Uk masit cam. It ahould be by type ad chemical, type Of effect~ le- Posssiblie to i"a asedtaWy important ographic: location. company n,-e. etefacts about a spadic@97 ldenUfled an well w -bdusuom of these Darom"Alm

M&W tmdo secret Flor examplelegiti- Whore the specific Identity of a . It is

the pressinoe of a pw%Jcuhar cbe-l-A chemical Is a tradw secjit, Use Adminat isLrazor nauss; Identify Its adverse a pgztieul&r faciftty th" to the health and environmenits

tradsi secret, net the relationshIp .1 effects Lo be- resparAing to requem for Worma,- tween the chemical and any Observed Uort

clinkM . This Unkiwe is r use 3

offectL Therefore, health Pro- is usually impossible to resciarch tne feesilonals

m*diciLl information &bout should be free to report toxicalcelce IlLer"ure such 16 a = the basis of

general etass; Of category nanse. Ea chemical wblk P. the trade OrUtr to mLk& It $Lddr for the JAY secret by not naming the facility public

which to urAgrs=4. LM AdministrS.

the chemical In used. car ALSO should identify the adverse ef- Subsection 313(d) of the bill authar- fftu of toxic cheaucala for which soe- Izes, the AdmULWtr*W to UffL chaml- cifle chemical IdenLlty I& not withhold. CLIO for thAl purposes of reporLine Par Purposes of Listing chemicLis Lod under that section on the basis of varl- identifying adverse effecLL the Agency ous heQM and envirounsential effacm

With re"rd to chronic human health tionships May rely an summure-activily reldk~

" wall w te" d&U an tndi- effects. chemicals my be 11110d if they vidual cbesnicals.

cause or can ressiambLy be anticipated Ln implementing UtIs sectlooL the to cause certain "serious or Irreveral- AdminisitruAr should keep in mind WIN- human hestitit effects. 31-11-1Y.

that Its PrUnLry purpose in to Worm chamicstis my be listed It they causia the Public "out routine rebe4tscs, of or can resulonably be AnUdOM" ta toxic Chm-s The computer dat&- CILUOO -significant" aftem acute Of- bow Must be managed in such a way fects. An effect does riot how* to be &4 to M&Xlmkm Its accembillty Lod Ilfo-thr"tening or debilitating to be Utility to the public- considered astrious or siMficavit. nor I Par Particular tribute to my col- does It have to affect the Central POW leagues who were the conferees from

ul&UM In pLnlcular.

the Ad-iniisLra, the Senate and particularly my friend tar is t4 consider adytru &Cut@ effects and entlesguo. Senator Rarnim. all of

on sensitive IndlyidualL tht oLhom 3enatar MzTcx= was on*

The Adminixtruor &h*uW recognize of thaw. who woriLed tons hours U2 that he Or 3134! IN not rftW&ting It the effort. and Senator LAM"IM4.

chemical by UsUA9 it Under Lhis Sub- from Now Amy. There were others. I

sectloet. These is no 3104ULMmant to will do trjuatice to them by not perform risj assessments of to bLWm naming them I am afraid. But all of the bow(VA ad OWU Of a 60CIA110,111 to our conform did a splendid Job and it list- 11he purposle of this section Of UN took us to the point when we could

MU Is to WOM tft public which can bring this conference report to the

to gooomptished without Very env" Senate. Wr&n on the reporting facility . I yield to my friend from Texas.
P. 90

i 1 2

p&jlrrTA) Is there objection Lo the rp af~ec! SIV -,,,wnesse s

quest of the gentleman from -MIM, S.0's atoomni; 1006-01141~?S -11 .:1 ~-@

COSSNO P(CO&U., -ess a Yv ca~;e -:~-

There ww no objection . r-c"~M'fy "3'K~cw .' -Pe ~e,

Mr. DINGELL Mr. Spealter. I yield ~gnolaflco .11-c"l "As crelitt-C -sir.sr anc auch time &a he may consume to the

fagon'SM OeryteeM -t-oo"

gentleman from Minnesota (Mr. Si- ocal nowstry Som' .P' N

KORSICIJ .

quara-0 Ooen Access to 'to'-S:'Qn - Soe ,

(Mr. StKORSKI asked and was

t-9 irff wintasonere of ,strusi &nc

gi%en permission to rUiSe and extend ( W1 :~*'n wncm 'e-bws

'MOUSIN :AM Wanly :000trate , aoc'ess,;

his remarks.) of co .lc asle Safe -S'ca"'S

*At SiKORSKI W Soodaer . " SwOOrtUmd oe e.arcea oy a -,ooqea

109'sal'on before US todev Is based on a tur" ble V Ine. 9000 41cold ~ft MOMO"Q '&zA'7:C-S

CS~W brom,so A-0fiCaft nave "

nrt proclut!S AM j~saff camea~,es . ~i ~,,a

not to be Dolsol"400 by Unconfrolled 1`141tarolous poworf~l mi:e,,me !o ~)ear ~o -e,, &CI

crierl"IcAls I Wes Crow to InVO&OCS 4 or*vi- S.pe,*.ml ~s t" ar,,Cote z

S4A of a" 14914tton rcm astacksh" An htfatill Df our colrm~Nlffiis &/'a

it,,en more Cask: arermse Aftionc.80S rave the Aq"l-rcws(now 's :me Smel 0 !Me ilr~

rog"t to know wriether in" are tong Poisoned Went 10 .1c West* Oroole's ",,- 24r,#'oc,q

by Mesa CnoffWAIS . COrno%#%(V ngrti-M-4110w For trus lmoo4ino fo work, 1 carno, _~e

.5 lust that. a guarantee trial comirrildiva" WW SuW COMOC CkSCIOW411 Of maWoo~s wesza

know Zwft WrLat Kind " "MOV now 111"A 111111,111111ORS-00411 lowl'"ll dr-C 414'qe~c'

OSAWous ChOW481 We&&* S released litto &cut* end crtronoc-ust to lwfi a-c =-

!MW Air Water . am lend. Suc" a 9wonloo 4 "to The for :'Sciosfe Zle

"Sent .at to the rsaith of ow ~on and Clef VOSOV 006MW T'1034 1904041Mfil"IS --ST 00

~omf"ufvo". SIMIly AndtV`OMUO%Ary @ntOrCAd

When 4 ow VA OCKIC Cherrim:415. qnQ- I wigs wood" for tme SUDO&UMC t"I -.at

'eisce 'S anyll" W ONS4. 5 .700 Mille CFWV*- Only bec"So we MOW to Claw 40 ~Uarocvs

c-W accidents a VON expo" MOLOW" at Wric" threaten in* nao,trw --I 2LO

AinonCand to We AM health WVO&gW" IONIC C!"lloron and 001fro"W"114,16 b64 W-Aswe we

SuoStarCills . Mdl*ft 6%" AnwnCAIV or* Ox- must allow Caroni$ Alto locill cor"ML.""lls ~o

00"d-24 hoLOS a d", 7 "VS A ws"-10 bill" " Process at or*voeWq PAZaroo~s,

the roijerile disonerp of aftyl" OiA rViVIO cancer-Causark; r"OsAls

ene"WAls. Mr. DINGELL Mr. SpeLker. I YIPId

The SupWkrd kippoetbon DOW* US Way it such time a& he may consuzae to tne

an acitnowlecigment that INGINOCUS waste 16 4 gentleman fPOM Illinois (MX. CKAY I .

national oroom . it a "a a co"W%anifir Will a i Mr. GRAY of 11211notil asked and was

polrsomw iart* praw . That's wrq CATK is given Pertrussion to revile and extend

wrxortariL his remarks. )

The natil" at oowdv*A-~ hefle 1* GAAY of 11W.Cla lier Sp"Xor. low nSt

been GOV85161fild OV rAZA"IWA W*516--LOM we May* Passed Suosillorla It9sistior . c~rront

Centel, r~ Boult, Wopowne-ere U~W sco Of<40*fy to assess dia oontow e,atjc,,-

us ag. &A go namile of chedron ftestened sno or riazansous slowances; -t, U" orfnronby cancer. Orlih 401MIL OWOW 060rdws 4M "W" and 00"016 ML"A ?'"Pil 000C.-S a

ovw elm at hoom 4flocis are genieraft un. wroeod. Tltla e ofeniclAarty zA W,,wo so*,,co

it tow . They we arocerted by CFITPL As Vw Mkilill OCUS001410 from One crlalfrlw~& 10 a ".-

vig"nes of Concerned and reaconsible &v- two or M" Crieriticais am .0, 4,mitage

ents Cannot "re"a to Vireat Writhold CRT$L ~ I - 1 411001 Adam data to S00cft -no"lowal s

parenits ad now know Vis donipm owt,' or classoo or orNatriousts. Consoci.*,ry . tno

#too bi iner" ona thow chidition . The ionas ro . hea" studies provided for 'n the section

was" in aw e I - P ' I I*~ OVY wncn ties viroff"d norm section t i s of rw

drw*. glo IW of ihm X04 Olitityroundf CF1TX "OLANS bill &no section 121 at VV Sonata cWl

0111,11010res Visit 01111"W" know a" 4ponip Oft Snotiod MCI 00 Used CO filStAbloSh 4 o"S 'of **-

lace kawdian omm we a $"M 1111111,111r, ter"itining riarvio" w9a nonts or Formoctes or

sw" and incifteen" m VW "0 an "Wes of " ciass Of tridivildiiM& parw .

dwell vows 01 Opmovine. CPITK a to fir" am the" meam $%as" should be Used lot 74

AL PAVOOM of the, heattri aiiihornbets socwn . that

rho eniew iniaeorv is W @am" am 61 Is. to cmermwm Whether 4 01,101,10 osm"d 1^

Cie amw NY ff" of ow Coiliforriliniews. &14 dWINASn" Of 90 relevant t0=00109y. or 0"

the Edger4iiiarou CPU p - - a goo Mr Oid~ r N ago or n mg) a needed or WrAinfor

rem". Wid has 4rearf Work" was in No ""W orecoLewwv WOOM O%Xgd be OWNSK~.

Staws-New wwy erd Mwtifiginid. The pWA. Wed W "Wooll onikolsol:

ow 9M plassonsipos firoahoide~ wd FM The a we pimposo Par ~ mow -.eam
P. 91

studws are surmued . The -0 ro PAVOW 'a mLrks Clarifying Lnd LMpllfyU%g t1l. e

Whc" to room pumas we "ea. The was cor4mealonal Intent underlying this

of W" dots kv PLOO019415 OWW am 1110919 important new progrun.

Kie"Used 0 Vo ba wood be O"Nar to 9W W~. The hean of the Feders.1 Right totonsan of VW c4rovas . I wom urge go" Know Program is Its reporung require .

wMO wouid vso V" data 10 CIO 40 voth & MC- menu . which Lre Intended to provide a

091 a* of Rs prewm%wy r-fivre and sconaft comprehensive picture of the commutuft1glioms. re"WWO" OW 06WPOOSS fOF rUty's And Nation 9 exposure to toxic

Wr%c" A 4 suln"ed hVe chemicLu. As the Environmental Prok* somwer. I W" P , " to have INMONT tecUon Agency . the States. and local

0woon of BASE COM in ffN dWC1 81 SaWR . Ities limpiement and oversee this proIL Wd wer4ed 10 mass WWM few Wwu gTam they should be guided by several

mat hoostuov Pow kew ins "Poses am W- general principles.

nations Of health $4.0dy 041111 A perVOWW40 First. Congress recognizes a compel . WMAO c&-rywq 064 the good orowww" Ot the line need for more information soout

W the Nat.an's exposure to toxic cliemiMr. ROE. Mr. Speaker. may I In- cLLL Until now. the success of reiruia .

quire of the Chair how much tune I Lory Program such as the Clean &r

have remairung? Act. the Resource Conservation an d

The SPEAKER Pro tempore. The Recovery Act and the CleLn Water Act

gentleman from New Jersey (Mr. Rog) has been Impossible to measure be .

has I I kt minutes remaining . cause no bro&4-based nations.1 u-Jor. Mr. ROL Mr. Speaker.

I yield 3 min- mation has been compiled to indicate

utes to the distinguished gentleman Increases or decreues In the amounts

from Pennsylvania (Mr. EDGA21 . of toxic pollutants entering our envi-

(Mr. EDGAR asked and was given ronment. The reporting requirements .

permission ta revue and extend his re- and the toxic cheaucal release forms

maru.) In PLrticular. are intended to provid e

Mr. EDGAR. Mr. Speaker. we are this national information. As a result . about to take an historic step to"Y by the reporting provisions in this legW&

providing the American people not tion should be construed expeiisively only with a

comprehensive and ex- to require the Collection of the most

panded toxic waste cleanup Program . triformation pertrutted under the statbut by finally providing them with the utory language . Any discretion to limit

fundamental right to loam about the the amount of information reported

true risk& from their exposure to toxic should be exerc~. ed drily for compelchemicals. This legUl"ion . which can . ling reasons.

tains the Emergency Planning and A second major principle of this proCommunity Right-WKnow Act Of grain is to nuke Information regLrduig

19N will. at long last. unveil the ways toxic chemical exposure available to in which toxic chemicals are handled the public. p&rUcuL&rly to the local

in this country and provide the public commurutles most affected. For too

with the information they - and long, the public has been left in the

deserve to learn about the hazards of daft about its exposure to toxic

toxic chertucab. chemicals. Information that has bee n

I am proud to have successfully &vjUj&bje Under eXLBUAC enVLrOnMen,

sponsored an amendment to the House tail stistutes. such as the Claw Wazer

bill last year that established the Phil. Act or the Clew Air Act. has been dlfosophicsil foundation for the P-Posw ficult to &4V"&Le and interpret.

before us today. The Edgar gimend. which has made it difficult. if not

ment made it crystal clew that the impossible. for Lne_puoilc to gain an

communitY's right-to-know extended overall underst.anding of their toxic

not Just to those SUbgtAnC0S that pose chertiicai exposure . Consequently . the

an unmediste thresit to human health. reporting requirements should be conbut aisc, to chemical, that can only be strued to allow the putilic the broadest

wied -*slow kWerr." chemicals that possible access to toxic chemical inforcause cancer. btrth defwM liver dis. mation in formats tn&t am su-ughtforease and other chronic illnesses- The ward and easy to undersLAincl.

Edgar amendment WU the stage for Third. we intend to lunit. the scope

the legisliction before Us today . of tra4e-secret protection afforded Uo

As on* of the PrUicJPW architects of those handlung toxic ent-wals. The

the Emergency Pluming and Commu, econonuc interests of those required W

nity RLght.WKAOv Act of 19". 1 con- report under these provisiona may be

sider It Important to make severLi re . jiffected by the reporting require-
p. 92

menlis However . we consider the put) . rr%e-se -nir.,!". 7,~_

:lc S fLgnt to Know about toxic -'1111"rds 322(c 1,n ar . _, ;u~o of such paramount =portar%ce tn&t local communitv mOrt ',1, Knn, '.ne tradesecret provisions Ln LrILs act ~u .rlrnent rellar in SOF, in& . .

narrowly CU`CUMMrIbt Lhe trade Wfet oe Prel-moted . zqirdioss )f Protection &[forded fIrDu co~erecl Py ornotive affect --~ , OSH A

the reportuW requLrements . A-2 section on State or occ &orKer r-.rr- z .) K,,

3212fai majLe3 clegar . the oruy Lnforma. 'eqwrementul Section 321,~- -raxos

,ion entitled to tradesecret protection CLeIr ~M&L sucrl State or :ocj . 0,_ under tr1u; act . and OrUy under specific ritty ingrit to-Knog, &%6s onsc,l 1 :

r :rc,.LMSt&nCeS .

Is 'he SPeClflc chemical Ajif,-st 1, 1985 M&II USe ~!- :dentlty . All other Information. such MSDS's form. DUC SUPP,trren~a , as information concerriling the MAC.On ml~ Oe -quired IL ~ne _-,%c~~

&mount$ of chemicals entering the en . Lion Of the St&Le or ocall,. :~,s

v'ronment. is not entitled to protec~ Second. lutnOugl`l -.11le -nor, :-ig

tion and IS available to Erie Public re. quirerrienti ;ncler wt;,)n ,I : &,

ilardless of the impact of disclosure on S1`rnCQ '0 Ca-Ince '-Me --c! 'or

Particullar firms . Community W ~Iave I C-_mzr--.5-

The final major principle of the 10ed . Picture of toxic nliutaras

erzJ Right-To-Know Program j

that need '0 limit :ne burden )r

this Program does not Preempt State Covered by U11.3 CrOvLsion . tnLs--,i :& :-c, Or local right-ito-itnow, InitLILtIve3 . The Should not be corut.,jed --,o :,~ -

FledenU program is intended to estab . ava"abillity Of letAiled tier 11 r.,1)rn-a ILsh a noor which will require the Lion to the puotic Sec-_~on 312-.3

basic information thought necessary maxes it clear tnat tier It rflor-na,,cr.

for reporting seross the country . How . Ls to be PromptI5 pro%iaed ~o

ever. Congress Preserves the right of Public, upon requ-est . as iore aa tne -n any Particular State or locality to re- formation ;s :n the Dossemion of -r, Quire the disclosure Of additional in . local emergency response rcrr1m :c .,_ formation. the right to limit the avail- the State emergency response cotnm,s ability of trade-oecret protection . or to $ion. or other members of tne putijlc take any Other Steps to unolement Its Pursuant to requestj nuide incer sK own community right .W;Lnow pm Lion 312(e) , I ~ and (2). or section gram . 312(e)43xC) or J 'he Information De r Guided by these general Prinftles. tJUrLS to a hs.Zairdous chemic4i 3tor-1 the reporting requirements in this act in an amount in excess of lo ooo set forth the precise Means by which Pounds The State commmicin xnd this Program Shall be implemente,& lociLl committee -nay not . under a_ny Although the MLUtory language and clire-sitances . Jeny such a reques . for aCcOmPLInyling coriferenct report de. Informatuoin. Flunnermare. a request SCrIbe these PrOvUllons . wiveraj iliddl..

from the public although :t mujt be tiOnlU clAnfiCations are required . made with respect to a pamiculgir Icli- 64r%t . the facillities required to pro. ity. need not oOnL&M a delui :iec; :Lst ~f vtde matenal safety data sheets MAXAMOUS CrIemicauliS A req-est .3 su! -(MSDS*sl under sec Ion 311 shall be flMent Lf it LsLs !or informauor.

the ganse as those facillitm required to

Prepare or have available MSDS forms glar"Mis MUI harAMOUS Cinernic-L-5 at -.ne

under regulations of the Occupational P--QUeSU made by the P-titw inder Safety and Health Act of 1970. section 312(e%3~,C) !or -. .er : : nfo r

If those regulations are amended E40 mation need not Provicie a CeL&lva Include additional firms or chemicals _L5

covered or to am revarung requuv LIfiC1111130n for the LrLform& .ion ()-r.,v I

merits general 6taLement of need s ~oQuiro,~ . the -ape and obotent Of the The public may satisfy tMe iL&Eefr.r-.

.M3DS requirement in

change accordingly this an wtU requilrement by .ndicSiting for exam

311 is . However. sealon Ple. that the mformation i rwec-d for not entirely governed by the research Or needed for em.ergenc-, r"Ul'a"Oni'll dr9*10111191111 under OSHA . In Planning or neeced for -.Ox : : expos~ro Pial"Llicullar. the trade secret provisions assesamen"

of section M . -he statement 71~;LlLr- Of this act would be un . mentIs not Lri~endecl tio be I nurcie to alfee by any changes made in Public access to 'ner OSHA's traft secret regulations ',I :nformacion

. In addition. Corurress uritendis .!~a : except to the extent OSHA de"Armines State comirumions and local conunit under what conditions a chvrnxW tees will presume that pumic requests Identity is not reackilly dkacoverabl~e urmler section 312(em3wC) sinould be
p. 93

granted- Because Congress intends either by specifying additional SI C

this act EO Provide greater public lodes covered by tne sectiori-sectior,

access to hLLLr,*dUs chemtc%j Informa . 3I3f5)fI)(B)-or by de!Mgn&Llng speci!

tion. requests under section Ic facilities or classes of faci!!t :es to ne

312teiO,,Ci should be denied only covered-section 313(b)(21 Ciner-sL

when there are extmordtnLMIY COM- designated facilities in SIC codes 20-19

Pelling reasons to do so. only as a star-ing point for triis r-~or l

The lost clarification Y61th respect to ing requirement Tbe Admimsrator s

section 311 and 312 rel&LeG to EPA's expected to exercise his discretion 'D

authority to set thresholds for report make additions if the additions ~Ou!l

ing under either of these sections . It add SIC codes or particular !icllltl~~

3MOuld be noted that the act Pstab- or classes of facilities whic-i minufac

lisries no thresnolds for reporting ture, process . or otherwise '"e lox :c

under sections 311 and 312 . which re. chemicals in a manner similar to inos,

nects, Congress judgment that the Industries In SIC codes 20-39 Tne

public s rignt-to-kilow should pre- Principal consideration is whether tnsumptively extend to quantitive and addition would meet the objectives 3 .1

qualitation information concerning Mt this section to pro"de the Public wit-,

hL?Afdous chemicals regardless of the a complete Profile of toxic ~nemica :

amounts stored. Any decision by EPA releases The fact that Congress ao

to set thresholds under section 311 or Mied the reporting requirement -o

312 should be based on findings that those In the manufacturing set-or

the information which would no should not be considered a !irn~t :rz Ir*

longer be available would not aid Fed teris, in the AamiLnistrator s deLerrruna

eral. State. or local officials or the tJorL

;UblIC in understanding actual Of Po- it is also irnporLLnt to clarify the

tential hLzardous chemical exposure intent of Congress in establishing

In setting thresholds. EPA shall hot thresholds for reporting uncer tr,.~s

consider the burdens on the facilities section . Users of Loxic-cnernicals; mus'

subject to the requirements of sections report under this section if they

311 or 312. Congress. by crafting these handle in excess of 10 .000 Pounds of a

provisions with no thresholds . has de . toxic chemical over the cou .ne of a

terminris that the right-to-know con- year. The thresholds for nLnufactursiderstions outweigh the potential ers and processors decreases over a 3-

burdens on the facilities subject to year period from 75 .000 Pounds per

these requirements . Only in the limit- year to 25 .000 pounds per year These

ed crcunstanms in which no rghl,lo, thresholds were designed to obtain reknow objectives would be served by porting on both a substaritI&I m1JOrItY

disclosure of particular information of the Nation's toxic chernics .1 releases

S hould EPA set thresholds under and to obuun reporting from a large

these provisions . number of firnu. These thresholds reflect Conifress judgment that Such

Third. several clarifications need to thresholds appropriately balance Ene

be made with regard to section 313 . need for information a4laut the Initially. it should be noted that If a burden on facilities required to Pro.

forin is required for a particular toxic vide such Information. The EPA is auchernico.] under section 313. the re. thormd to revise these tnresriolds.

iewes reported mus . include both rou- but only if such revised thresholdS

line releases and emergency releases continue 14 obtain a substantial Majorwhich could require reporting under ity of total Mews. Any determinasection 304. Reporting under section tion by EPA regarding the ability Of

304 does not relieve a covered facility revised thresholds to obtain reporting

from reporting such a release under on a substantial majority of releases .

section 313 . The toxic chemical release espectally if such revised thresholds

forTn is intended to provide an Lggre . rum the statutory levels. must be C%te estUnste of releases during a cal- based on venflable. historical data

endar yew LrHL U S reSult . must In- which presents a convincing case that

elude &U rviessin that may also re- the statutory levels must be revised.

quire reporting tinder section 304 . With respect to the contents of th e

Section 313(b) spectflOll the facilities toxic release form. es&Un&Les Of recovered by the toxic cheMICLI release leam into each envirorurimts.1

reporting requirements . but also Prco- medium must be provided. This snall

vides the AdMintsimtor with the dis . include any releam into the LV,

CMI*n to include additional facilities water. land u well u releases from
p. 94

Waste trestmem and sLorLee facilities ersion Of SUP-erfX.C1

hLs snouid include ail releases at over a year ado -:~~e otne r

*.oxic cnernicais Lirito surface waLers %arl IufLsdlction Lso N

4nel.rier or not sucn releases are our . Lion. and. Is ~e % ., jnow j),

;,.j&nE 'a Clean Water Act PerMAU. Passed ILs bill -PUI ZP"CernD~ r

Sirmiari.y . all toxic cnerrucals clumped While I V0EeC h 'Ivor of 3. .~ j,-.

ntO and ClLiitiallai faClltle2 Must tW re . that time. I viu not pleg,,d - .1 jn~

Dory.ed whether or lot SUCh fUllitien tt.l on severa . jccourLj. L_j,,e

3.re re"isited under 'he Resource Con . while I mtena ~,O s4DOOri, '.!~ e

ier~vstlon arid Recovery Act and ence report, . a.-n not ~OL&_y

%netrier or not such facilities are 41th the eVUAIE-On -,Or ---.n icmr

)rLsite or offsite . Mstizasted releLm the Pre-ceclent,,i ~ oej ,,! ~ .3

nto ~ne ground Water. ~nc ;udmg spil" F`117st Of 9.1 :Me iize if '.ne ' _- _- --,

)r vaxj from [and disposal facuitiev, Administrator of _w?A naj na~,

n"t &,so be reoortcd. trie oegLnnu:iq nl'. '.r)e Acenc ;

7ha a a new Federal initiative. and effec:lve!y ~Se L%y 35 3 D .. -~

recodritze the desire at some of my years. The HoL~se- :)Lsse(j ~L . D, . l

'o,tecirues to move ahead cautiously to nave nearly loun,ea '.nat j_-e

-%sure tnaL burdens imposed on Lnous- S104 billion. 5.;-.d -.:*it -,

*~, irenctexcessive F1r&nKiy .mycon- 34retO W a fir.-Ing e,el if 19 :_,

-ern.s rest llitri trie !zmAijes Chat live in * %hoterlearteoiy j4ree .n&. .- v

*ne snadow of these chemical and rent Superfutio Iunc,~njg :"~ .. I-,

-n .viufacturing -,lants. I have put billion is Insam"ate . :)ut , -&:

.-n5se-f n ,neir shoes and nave fought SunDlY throwing nioney at n e

')r i -rogrlrn :hit iooKs after their lem of cieLnLr.z D otir

7Pt=. 7till ieguiation gets us well on wssw lutes will -0 much 1~) :c--

'ne Path W the full disclosure they de- SLATUlazy . Ule AC=_LnLsLrjwr p .,.a :

s'!r% e Providing excessive '~ncnj . :- e

7ne Ernergency Planning and Com- Program Could z,:ze coat ~V-7r_~

-nunity Rignt to-Know Act of 1966 will &no other waste!_, ;rLct.ces.

offer :Me public and policymaXers a ; &LSO havle some :oncenia

~ltai Opportunity to undersLana the 'he method the :crierees na,e -_isen

ma,,rnaude and scope of toxic chemical to finance Super.1-ra I share ~n .! :C .1

exposures . A large measure of public cerns of maay ~-, --ne sor-.new! Itconcern over toxic criemics" in recent .141d%C-3t With regarl ~a _-. e

~ears tals sternmed from madequate. ferencLaU ' placed or, _rnpor-_~_ 7_ :~rsc

Lncompiete or nonexistent inform&- ucts. tiecause 'nese L-egions a_-e -ncre

,L ~on. -.his dependent on ou r-_ lacs of information has led ;)or-_t . "Ve, :j-) -I

.o 'ear. misguided policies and this . heating oil. I am ;neaseci ruit ~~e con

placed priorities . -,his act is intended ferees nave not azopLea a ', A7 ~z

provide a comprehensive new of -31A ' nance SuCier%Lna . &M

*.oxic chernictii exposure and. hopeful- MaL the lboposiuan of ¬ner ::ro! ts

provide a basis for more wrisibie t&x-on tog) of trte new cor.,orl .- c

and effective local . State. sirici nations.1 MILLM tax enacted 'lricer I.ne ~3_K

policies . reform OL11-may r:svt. Ldve- e Mr. LENT. Ntr. Speaker. I yield 14 on Many of this Nat ;on a otz,nz!.~,s

-ninutes to the gentleman from Ohio However . notwitn-stincir.g '.701e

(Mr. OXLJrY]. cerns and others, , ricend ~c

, .Mr OXLEY asked and was given this conference agreemert, ~-- 3, . ;

Permission to revise and extiend his re- know that there are verv ew :,r1tt

rnarzs .) Pieces of legislation -.)L&sqd !~-, .n_5

.Ar. OXLEY. Mr. Speaker. I rise body. and this bill :s rict Derfe-. ,j,w

today in somewat reluctant :"*.ppon of ever. I believe it j the oft& :~i ; ; w- -a~n

the conference agreement on H.R. M 4SPeClailY U t!%Lj ate U :e 7~-e,

2005 . the Superfund Amendments of coWerence agreement :nciude s 1985 . Claus cleanup standards a 7rLs_-a :: .~ Nir. Speaker. as a member of the LrA enforceable cleanup scnec_e I

Energy and Commerce Committee . I requirement to conduct nesj,.~~

iLnow that & great deQ of effon has ment at Superfund 3iies. gone into resuthorm" Superfund public participation in ai l

over the pan several yews . Eneirgy cleanup decLstartL a cornVren--_r,-.e and Commerce coaducud exte"V41 comamunity-right-to-oinow ;; ro v-z w r.3, heorLon on the SuUMCL and fLrdWy and a new Pronsion to cleari ,P esiLs our comnuLtee approved Lbe House from undergroucid storage ta;-.Ls 7!~Ls
p. 95

i 7

is ota :tmngut)lll I hat will greatly LM- ~Lziness . a :ici nji---ice -na,

pr the S Perfund Progriam . aC'r,is,,.cs ae ~Lri no orgor al .,cir-,

Mr Speaker. I am SWILM that Some The 19ISI&Lion oefore Lis toda y

in the administration have threatened 5 ;)feaC15 Lhe burden Of finar~,r.g waste

to veto this Important legUlation . I be- 1;~&n_p !n a manner tria, J aoo,it ;Ls

lle%e that this position should be reel. fa.r as Possibie . and there !!.,tn I)- rio

LmAned. We need a strong and worlL . 'A,!d %cuse for etoirig this 31i i

abie SuPerfund Program, so that EPA The American people %-re read~

can move forward with clesrung up 01rs a,(O *0 Jeclars- war on toxic

our Nations hazardous waste sites . A -71ite M"MoIrs of both :)arti" n

veto will only push us back to square C~nzr-ss !tr- Prt-bared ',0 join '.na,

one . where the whole process would tait ;r The question now is whe!h-r

becin again next year. Absent a con- Pr-sid,-nt ReagAn. the Commander in

crete suggestion from the administra . Ch:,Lf~ 96,11 lead Er'.e fight or-Lis ins

tion on how to finance an Increased I`CCerit Statements ricicat-he will

Superfund Program I believe we criocise instrad. to surrende r

should Pon this conference report As those of use who %ere accorded

today and get on with the cleanup . the character building and soirit .

=

1623 strengthening norior of ser%ing as con.

4 ferees on this Legislation can attest. Mr 13MUDDS. Mr. Speaker. I yield the bill before us Ls a compromise 1,

myself such time as I may consume. j; :%es EPA the legal and financial tooLi

Mr STLMDS uked and was given required to Lncream dramatically the

permission to revilse and extend rOs re- .ace and compieteness of hLZarclous

M&M .) wazte site Cleanups around the coun. Mr. STLMDS 1%, Speaker. I rise In try But it does not dictate to EPA

strong support I the conference 'low it must oro-ceed. nor does it giv,

report an the Superfund Reautnortza- either the public or industry much op .

tion Act of 19N. portunity to influence Me process

The Stalemate that has brought the through litigation. From today for

Superfund Program to a year long ward. the responsibility for making

sLLndstlU has fUL"y been broken. It the Superfund Program work ~ill

should not have taken this long-. the rest-at the Insistent request of EPA .

bLU before us abould-in my judg. iLself-&!most solely with EPA . It sill

ment-be somewhat stronger. ba UUs be the responsibility of Congress to

measure is st4LI the most important make certain that EPA's Performance

piece of enviironmental legulation can- Ls a match for the many promises we

sidered by Congress LhAs decade . have heard during the months of ne.

After we set today . the Superfund gotiation on this bill .

bLU must sur"ve a final test--& thireat- I am varticumny pleased by the inened veto from P. dent Rsaga& The clusion In the conference report of

Presidont's decision an this Issue wW provisions that I helped Lin some meas .

densociatrate quite clearly where the ure to develop toprionuen Of UUA adrasnistration Ue . Restore the right of commercial

The President has lavished more than fishermen and others to sue under

31 LrLUion on the Pew."on these past Federal law for loss of income rLsult .

5 Years: the Quesiltion he faces now is Ing from violations of the Manne Pro.

whether to obWmto less than one-hun . tection. Research and Sanctuaries Act

dredth of that amount to clean up I bfPRSA 1 :

toxic waste sites around the country . Require that SuPerfund sites be

UrUAke the Defense budget . the zna)or- cleaned up to an extent that w1ll cuiar .

ity of the funds for hazardous waste ant" the protection of human health

r

. and the environment: cleanup wW coin@ not froon the cons Establish

Ll a legally mLndated sched . L&ZpLyVT. but tMfla UghtiMirlsis Lhu ule for the initiation of cleanups at are dLrecLLY or Lnitirectity responsible

for the generation of toxic waste . 1`12=3*430uil Waste sites :

Require EPA to Periodically review Thus Is no truly or totally fair way the adequacy of cleanup at sites for to flnum a hazardous waste cleanup which a complete and permanent programi. With respect to Many waste cleanup remedy Is not technologically sites. the" Was no vuliaLn. no lawlen or economically feasible : or reckless palltuter. no mlidInjight F~Issblish a Program for rapid clean- dismisam of pokson, in a landirill or up of spills from looking underground stream The hwArdous waste problem Petroleum storage tanks : an d

developed primarily because of Igno- Require that funds collected from
p. 96

5259

and the Envtmr=enW Protect1cm tnt muiority member of the Enemy

Agency LD the CICAAUD activities and Commerce Committee . who left us

Federal facilities. to Serve in the other body, He t" w"

While the provision establishes a instrumental in forging the Supgrgund

prticees which leads to listing of facill- le"Istlon before us today .

ties on the National Priorities List. the Mr Speaker. thanks &IW axe dut the

obligations of Federal facilities under staffs of the four comirtuttees Involved

the Solid Wait* Disposal Act. includ- in this legulation. W:thout their dedl .

ing corrective actiom are maintitined. CAt1On and Went. ~* would not be

Thus . the corrective action authorities here today.

Finally. let me ttiardL the Advilknibof the Solid Waite Disposal Act apply trator of the EPA. Lee Thomas. Day

to Federal facilities . even though they after (lay, he endured our long corder.

are iisced on the Vatlons.1 Priorities ences and caucuses. He and his fine

L,st . The time frames of these amend- staff provided valuable advice . in the

inents establish the outer lunltA for re. Proce%s eamiAg the respect of all the

sponse action and do not exclude more Members . The Superfund Program we

expedit:ous corrective action taken authorize today will be in good hands

.nder the authorities of the Solid with Mr. Thomas .

Waste Disposal Act . Mr. Speaker. I have been a strong

In short, H.R. 2006 will revitalize the supporter of SuPerfund reauthorize.

Superfund Program to peratut substan- tiod. in both this and the 98th Can .

ual Progress in addrewsing the most gresa. Although I urge my colleagues

pressing environmentali problems to vote to approve this conference

facing this %lation-the protection of report . I am compelled to Point out

the Public from hazardous chemimLs. that this legislation may not Lccom .

IMr LENT. Mr. Speaker. I yield PlLsh our 9061 of ImPrOvIIIS and exW

in vsplf suc?,. time as I may consume. ditLng Superfund cleanups.

Mr. LF.147 asked and was given per . I strongly support the addition to

mis.sion to revise and extend his re- the Superfund legislation of provisions

marks and to include extraneous met*. On cleanup standards. health authorl .

rial.) ties. information to the community

Mr. LENT. Mr Speaker. I rise In and emergency response plainnLng, As

support of the Superfund conference a resuit of the diverse Pressures on the

rpoort. conference. however. thIA legislation is

Mr. Speaker. first let me commend not a clear congressional directly* to

my colleagues who have been instru. those who must implement and abide

mental in getting this legislation by the Program. Far too oftetL the res.

before us. The distinguished gentle- olution of complex Issues was to be

man from Ohio (Mr. EcKAXTI has "fuzzy." That Is why this act has &I .

worked tirelessly from the very begin- ready been dubbed the

ning of this Congress. on behalf of the Relief Act of 19"" by certain Justice

Superfund reauthortsaition. He is onti- Department officials. in addluoin. we

tied to our congratulations and may be guilty of "legislating science"

thautits . I also must commend the dia- to the extent we establish requilre.

tinguIshed chAirrissin of the Enemy men%& or expectations that cannot be

and Commorm Committee Eldr. Dix- met today-not because of a IwA of

Ga.L) for his stewardship of this im- desire to do it-but bemuse of a lack

portant legislation. of scientific or technological knowl-

.Many other colleagues have worked edge.

on this legislation and deserve our Unfortunately. due to Congress' in .

commendation. Tim* will not permit action . the EPA Superfund Program

me to name them all. but let in* name was effectively derailed I year ago,

two who will not be in this body next With the now funding contaiined in

year. The distingiiished blember from the legu"Clon. the EPA w1ill be able to

Kentucky . and ranking taknonty turn its attention to Setting the pm

member of the Public Works and grain back on tracit. In addition to get.

Transportation Committee (Mr.

ting the program up cad running

Swrocal has played a critical role in win however. EIPA must extensively

Producing this legislation. He worked revise its ellacting regulations anill Won

skillfully in the subcorderences. which in&" new anes to implement the dewere remonalble for breaking the tailed prowtsians contained In the

des4lock between the two bodjes, I more than 1.50 Pam of legislation

would also like to remember end com- before us today. ALI of this wkU take

friend JIM Ba0TXrLL. the former rwk- Lima. Yet tube 18 Something WO 110TO

0

Ll
p. 97

5260

not been willing to give EPA. If the willing to do the work. For this reason .

EPA Is unable to meet the objectives this legislation contaLns Provulons

and d*Q&Lnft we have set for It that exempt cleanup contractors from

throughout the bill. I hope that Can- the possibility Of Strict liability st the

grow will remember that it is the Can- Federal level . Unfortunately . we di

d

that created trds situation. not include the House Provision that Next. I would like to turn to some would have exempted these contrlLc .

areas of the legislation of particular tors from strict liability at the State

LnLereet to me. First. I would like to level. This onilssion was due to a conaddress ieiuting underground storage cern for States' rights in this area and

,_Lnis . I am very pleased that we were not because we believe that strict it .

aoie to Lnclude in this conference ability is an appropriate concept when

report in amendment to the Solid applied to cleanup contractors. I be- Waste Disposal Act (RCRAl that fills liever that the States should seriously in a Cap we left in the 1964 RCRA consider. so some States have already

amendments. Although the IN4 done. the enactment of statutory pro .

amendments to RCRA createda le". %islons that would allow the necessary

uu; underground storage twit Pro, cleanup work to be don*. CrLaL that program did not include The fourth area I would Like to ad- funds for the EPA In Mke correctlv* drew concerns Tltle IU-Community action where necessary. We correct Right To Know. Although I support that onussion with this legislation. In the concept of a community's right to this legislation. we also authorize EPA know of the risks its businesses pose, I

w recover admaustrLtively the am concerned that the legislation . Lf moneys spent for corrective action misinterpreted. could reaWt in any from responsible owners and opera- useful information being buried in an tors . We also authorize the EPA to use avalanche of unnecessary paperwork .

its discretion when recoveruic these For example. lot us consider the toxic

coats . especially where the owner and chemical release reporting require- operator has maintained the required ments of title III. Under this provision

evidence of financial responsIbLUty facilities must inventory the amount

and equity dictates that &Mount$ of extremely toxic substances that are above the financial responsibility M emitted into the environment. Ex- quirement not be collected from cer- tremely toxic substances Include both t&Ln businesses. specific chemicals and generL. mtego- Second is settlements. This Italala- tion includes settlement provisions ries or families of chezWcLLL EPA

that, back in May 1903 . were consid- must prioritize then substances and

ered "groundbreaking". I am pleased require the reporting of em-lons for

to report that the idea of encouraging only those specific cheralcals

. within

a

settlements is no longer considered general family of chemicals . that are

groundbreskLng but now

a simple and toxic

. If EPA does not do this . commuobvious maLter of good policy. Costly . nities will be Inundated with useless

protracted litigation threatens the ef- information. Par example. compounds

fectiveness of the Superfund Program that contain copper comprim

a generand consumes resourc:es better spent al family at chemicals . Copper sulfate

EPA and copper oxide am both members of on cleanup. It is essential that this family. While copper sulfate JA an and private parties join together to U.

Irritant and toxic. Copper Oxide IS not.

compitsh cleanup . Where there are Therefore. having to report

a small reasonable bases for Lllocatiing respon- emission of copper oxide, a nontoxic stbtlitY. this should be done . We have compound. is not necessary.

provided EPA with

a siZILbI0 Cleanup

fund. This money should be used not Although

I was nota conferee on

only to clean up sit" whore no respon . the funding Issue

.

I do want to make

sible party can be found. but also As one observation about the fundin

g

mechanism It taxes Imported oil dif.

seed money to allow CIII&CLUP where at ferently than domestic oil . This is ac- least some of tb* rownsibid, parties tually a "mug".ail Import fee. This is a are willing to go forward.

Third is contrwwr incentives. All of dangerous precedent and one

the money In the world--md all of the shouldn't think that congressional Lpcongressional mandsm to EPA to proval of the Superfund funding

mechanism is support for oil unport complete cleassups-111 not guarantee fees. effective cleanupo unk~ there are re- Mr . Speaker. the negotiation process sponsible, skilled. cleanup Owuwwrl
p. 98

.526 1

involved in producing this agreement F) Flor the PWIXOM of this .,,baectjon

on the Superfund conference report and sectlost 1114CX4). the terM hewth as.

was Ions and arduous . Every sentence sesament' shall, linclude prvitniunLry Loese.

in this report has been negotiated and ments of the potential riza to hm"A health

renegotiated several times before Posed by individual sites and faciittwa Used

agreement was achieved . For this on such factors as the nature and extent of

reason. it is easy to understand why I

contamination. the esistenee of potential

Patrl%`LYII Of human exposure including

was appalled on %ICnday, A;hen I re- cround or surface water contamination ~ . -.he

ceived my copy of the Coi4witsissionaz. size and potential juscepcibuity of the cosn~

Rtco". to find that many of our Friunity within the iikeiy Pathways of exoo.

Senate colleagues had taken the liber- sure. 'he comparison of expected human ex .

.yI to add new interpretive language to Posur; !e%elj 1.0 '.Me short-term and ~ong-

,hese Provisions that went far beyond term hesith effects associated with :denti .

A,nat the conferees had agreed upon . Led hUardous 3ulostances and axry available

In many cases. the statements made in recommended exposure or tolerance Lrntu

the Co%Gsutssionm. Rzcojto directly !or such hazardous substances . and 1.he com .

conflicted with the comference report partwn of e%Lsung martidity &&a rnorts .,.ty

and cannot be subsantLated in any

Ja,.& on diseases :hst may be associated a t Ln

manner an the basis of the statutory ne observed levels of expcsure . The Admin-

:strator of ATSDR snail use appropriate

language or and the stitemeriL of man- data. risk assessments. rusi evalu"Ons and

agers contalined in the conference studies available from the Adromiatrator of

agreement . EPA .

I urge those who will work with this

legisiation in the future not to rely on The conference report does not in .

Postconference agreement statements clude any mention of medical testing

that do not reflect the intent of the as a part of a health assessment. Tnis

conferees . The intent of the conferees was done 'or a reason. The conference

is beat expressed by the legislative ILn- report requires health assessments at

guage . the statement of managers and every facility Proposed far in-lusion

the legi3tative hurtM underlying the on the National Pnontles List by Deprovisions adopted by the conferees cember 10 . 1988 . It would be irnpos3jfrom each body . ble forEPA to conduct medical testin g

Aithougn the Senate Statements of the people near each facility and

added to the CoiscitzissIONAL Rccooto of still meet the mandatory deadline for

October 3 . 1986 . are peppered with In- completion of all the health assess.

accuracies. I would Like to dernoruitinate ments. In most cases . medical testing

trus point through the example of two will be unproductive . e&PKIAIIY if the

sections which I believe are extremely threat is a potential release and not an

.nipartant: the new heCth authorities actual release. The conference report

section and the cleanup standard see- does require. Irv- the context of a

tion . I WLL1 address several other sec- health surveillance Program. 'penodle

tions that are equally important in a medical testing where approprtiLte of

colloquy at a later time in the debate. PcPul&tlOzl subgroup@ tAD screen for (its.

With regiard to the cleanup standard eases for which the Population or sub ..

sectiallL 1. along with my distinguished group is at significant Lncreand nsk.-

colleague from Kentucky, Mr. Gr" A health surveillance Program is inittSxYvlat. and my distinguished col- &tel:L however, only if the Adminli;tm

league from Ohio . Mr. D=Nts EczAXT . tor of ATSDR determines there is a

represented the House in the subcon- 31ffriLfICant increased risk of adverse

ference group meetings where the health effects.

airreement on the conference report This same kind of error in Lecurratelanguage was first reached. ly descinbing the conference report is

In the October 3 . 1986, ComGmtsision- also rampant in statements concerning

AL Riccostio. Vol. 132 . No. 133 . on page the cleanup standards.

S14897, a statement was made by a

Senate conferee that the elements Of a A few examples here are also warhealth assessment Included ranted. On Page S14916 of the October

-any other 3. 1986, CO19GR]C53ioiqAL Rscoalb. a Sen.

medical testing of Lridividuals." This ator states that alternative concenLrastatement directly cordlicts with the tion levels CACL'sl can only be used purpose of a

heLlth assessment and "when no other previously established cannot In any way be supported by

the standard or level of control-for exam- agreed upon conference repom In the

conference report. health sessome vle. water quislity criteria or R-MCLnts applies to the hawdous substance .

are deflined in the following manner Pollutant

. or contaminant at isigue ."

66. , 11~
P. 99

cenLs Der barr-l The ~ax On 110rrel~ :C 'he ifou.se b1ii ind :ne O!~~

crlide 46outd raLse apprOc :rnate!y $1 2 ;~a"se,.J by 1.hp otr,.,r body 4~r~ r:,m~r

billion over 5 years, while the tax on ) ,j 3.no rj,)Cr,~y ~~ornpiex Althouvn ne

~mported oil and refined produc~s (,m~ations on trie prograrnma, ;c sec

,4ould raise

period months

liI 55 billion over the sarre 1 .0h.5 went to ~jrtually full Ume !,)f 5

. often it appeared that avraeIt is thLs differential. Mr Speaker to ~nent would be impossibl e

which I talce exception Nevertheless, K-nowtng that failure

I have been opposed to an oil import of the conference would Mean 1.1`11t

I" since I came to the Congress . In -,ne country would be SCUCK another 5

fact, my first speech on the flOOr of ..,,ars with the existing nawed pro.

tnui House was In opposition to then . 4- am . we pushed on and finaiiv

P~esident Eisenhower's imposition of --acried an agreement that has broad

an oil import fee in 1959 . Although i~pooM Although triere will aj~a~s noe

the differential fee on domestic and cifferent opinions as to -xnat %ould be

irnp(Irt--d petroleum products In this the ideal Superfund Program I Oeile~e

conference report IS not . strictly triat almost e%eryone agrees that the

speaxing, an Import fee. it does share conference report Ls far better (,"an

some of the same cliaracteristics of existinj la w

one It does adversely affect the The conference report requires SoNortheast and Midwest . which are perfund cleanup actioms to meet nigh

proportionately more dependent upon standards of protectung human healtil

:mported oil than the other regions of and the envirorunent . Lt requires those

the country But the differential is c!eanup actions to be of a permanent

sufficiently small . and the impact will nature to tnt maximum extent practibe suffic .ently diluted . that I believe it cable, The preference for permanenL

can be regarded as acceptable in the solutions is one of the most Important

context of ensuring the future of the aspects of the conference report. We

Superfund program . which is 30 IM- can no longer afford to just bury our

portzrit to our reinon . hazardous Wastes. We Must Use LeCh- i want to make it clesr. however. and noicitles that destroy them or render

I believe that I speak for my Cal- them nonhazardous. This has always leagues in the region on this Point . been a basic premise of the House legthat our acquiesence in this matter islation. and I would not have support.

should not be regarded as any lessen . eda bill that did not have that thrust.

ing of our absolute opposition to an oil Over the last 4 yeam. the SuDerfund import fee . We continue to oppom Prorraxn has not led to permanent sosuch a fee on grounds of nationsJ1 eco- lutions to hazardous waste problems.

nomic policy . on grounds of regional and these provisions are designed to

equity, on grounds at national securi- change that. In that light. it is LmOcrty. and in the interest of keeping the tant to establish in the legislative hisnational inflation rate under control. tory of this bill that. notwithstandLn g

The small difference between the remarks in the other body to the condomestic and Imported petroleum fee trary, the language dealing with per .

contained in this conference agree . manent treatments is clearly intended

ment should in no way be regarded &a to constrain EPA's flexibility In select-

& precedent far imposing an oil import ing remedies .

fee . and I hope that my colleagues will ThLs Point Is, I believe. clear from

not be any mtsitoprehension on this the statute itself. Axly remedial action

point . selectedby EPA is required under secOn that note . Mr. Speaker. I urge tion 121 to be. first and foremost .

the adoption of the conference report . -protective of human health and the

Mr. DINGELL Mr. Speaker. I yield environment * * * " After identifying

I minute to the gentleman from alternative remedial actions

WuhuMrWn (Mr. Swirr). who flu achieve this fundamental goal . EPA Ls contributed so much to make this leg- required to determine which alterna .

islation passible. tives are ,cost-effective." The confer

(Mr. SWIFT asked and was given ence report clarifies that -'Colnly &(ter

pertruavion to revise and extend his re- the President tithrough EPA] deter mar" and to include extraneous mines , * * that adequate protection matter.) of human health and the environment Mr. SWIFT. Mr. Speaker. the Super- w!lJ be achieved. is it appropriate to fund conference Wool a long . difficult consider cost-effectiveness ." nnall) . process. The honest dtfferenm be- choosing from those cost-effective re .

1A
P. 100

media.1 actions that are ldequatel~ At ~his point. I would ikprotective of hurnigni heaIth and the ment on some Dartiru!ar

environment. EPA must select that the emergency pilnning and -.,)rn~ _r

cost effective rt-riedial action that Dro ty right to-KnOw PrO%iislorz 4rilcrl r.

vides the greatest degree of perma quire elaboration. I was present 1 . a,!

nency meetings Of the right to-know sl~oEPA his no authority to reject a irroup. ' and I believe that these loser

cost-effective permanent so!ution just vittions accurately reflect the prooosai

because it is more expensive than an thit the subgroup ' made 1Z the f_

other Cost effective action . Frequently onference and xnich the confere7c,

this may mean that the remedial adopted

action will require large sums of pri cmititc"cy ~oTiri'~T[0 .4

~ate party money or even mone~s Section 304 requi .-es tmrnedi&',e no,_

from the Fund

'

but it the permanent lication of releases of extrerne .y naz

solution is a cost-effective solution . it arclous substances from fac ;iities Inat

must be applied . In other %ords . EPA produce . use, or store !nazAr,:cus

may never select a non-permanenc re . chernicals. The notifications a" lo oe

medial action where there is a cost ef sent to the community emergency --o .

fective pernarient solution . rirdinators; Lncl State ernerzency reThe conliference report improves ex . sponse commissions for the emergenc .,

isting law In several other respects . IZ planning districts arid States 111(e :~ ~9

,sets a schedule of cleanup$ for EPA to be affected by the releas e

follow. and for Conirress and the Since the State commissions aro not

public to measure the program by. It required to be in place until 6 montr-s

gi%es EPA flexible but strong powers after the date of enactment . inc: .ne

to enforce the program. particularly iocal planning committees not un,,! 10

ag&LrLst recalcitrant parties . And it rnonths after enactment . 'he nouf:caallows citizens to be involved in the tion reQuirements; in section 304 are

proirram from start to finish. and also not effective until those dates . If

provides for citizen suits so that they before those dates a facility exDerimay seek. the Lid of the courts when ences a release that would require nonecessary . tification under section 304. the owne r

The conference report also estab- or operator should provide such notiftILSries a new law . known as the "Emer. cstion to relevant State and local

gency Planning and Community emergency response personnel .

Pight-to-Know Act Of 196G ." Most of PROVIDI14C TJJM It INVORMATICM T`0 rHZ

my own pianicipation

I

n the confer- PUILIC

ence was spent on this aspect of the Section 312(e)(3) provides that iny

bill . worlang closely with Representa . member of the public may request letive LMCT. Senator ST.-tirrOLD . Senator tailed tier 11 information from a State

BMTSLN . and Senator LAVTZNIKRG In emergency response coriarnimlon or a

the so-called right-to-know "Sub .

local emergency planning coritrnit!ee

group ." on a personal note. I would If the corntrumion or committee has al .

like to thwxk all of then gentleman ready acquired the utfornaton . it

for their hard worit. good faith efforts. must retain that iraformauon and proand cooperation. which led to agree- %ide It to the requesting rnernoer of

ment on & provilsion that . in my view . the public. If the commLssion or comimproves on both bodies' bills. mLttee has not previously acquired th e

This new law will provide for the de. information It must do 30, and pro% ~de

velopment of local emergency re* it to the requesting member of Ine

3ponse plans in communities across public. it the hazardous cnemica.; n

the Nation. It will give important question h&S at any time in the preinformation to firefighters and other ceding calendLr year been stored at

emergency response personnel about the facility in a quantity equal to or

hazardous chemicalist present at facili. exceeding 10 .100 pounds. In other

ties that they may be called upon to words, if the facility has on hand a

deal with in an emergency . Arid it will toW of 10 .000 pounds or more of the

requLre th&t people be informed of hazardous chemical at Lry one point

h%tardous chemicals that are present :n tune during the course of the cialenin their CorrinjunlUel. Including esti- dar year. the comm=ion or committee

miat" of th@ amounts that are re. must acquire and provide the tier 11

leased-whether routinely or acciden- information If requested.

t&lly-Lnto the environment.
P. 101

cannot Oe iLnIel LO Lrie -Grispsny wl&L '.Itat ( believe ~tu be a ii-rut emio fo r

has Cialmed tile apecific CnemicLL Iden- WLrd Ln Our elloms to 1:W2.n UD LOILC

tiLy to be & trUM WCre#.. ' Of CO'UW- dumna " '0 proLft-t ,ne netuth and

;6"re Such, LLA"at is not net-died In emirCriment of nullityrui of AcIsendmans,

order to compromise the Lr&*e &eCz,,-- One additionat matter n&-oms ta me

or shere the linkage is o0vtous . the adaresilect Some senior &dtr.Lnfitr%EN2a

confidentLaAaY agreement may pre- OfficISAL Encrtiding .ae sec?-Wy of ~rent Such disCIOSUM the Treasury are urrnx Ent P-SicienE

.VALLASU.Ir'r Of I"POAGLAIMIGIF TO rNZ PVVUC LLo veqA Lnij oul . ThAz wou,d be a tragw

Section 324461 requires that esner

.

tic

.1

on . :)artlc,.I! ;Lr!y it tne prmdent

gency response Wane. MS06 L section were to Voctet Veto tne MLL trl ~Jl 2L

3114)(7) LIALL Inventory forms, tElaAc n?LDC Congrew a alarice !X eltner

cnerrucLI release fortba, and emergen . Werr:dC A tCW or to rtItSe Lrle fUnWrIl

cy foUowuo notions be modo avallanie prortaKess. It vowd be 'rWc tecawse

to the public dUrtrtg normal working & pOCKIM yVjO would Mean LAI' LACre

hours at designated loclilitons, Howev- would be no SuperfUnd F'109-41im xMem

er. an owner or operator of a faciLLEY Congress rewrri Ln january The h,es

reporting under sarAjon 312 may re- of mfflions of kmericArU IOL~J n-e :)'~t

quest that LAC IWALICIA a any JpftdIC it rISIL .

chemical ident9led in tier 11 reporLU%g I deeply hope t1j" fAe F1rt-_-3,eQt w

be withheld from public disclosure by Sign this bLil. NO words I C.&A uSe- now

the State emergency response coaunia- ever . out the matter rpore 20A&GAALe- ~

Sion or the local emergency plarating ,rLLn mose of ,wo mothers ~no nai~e

corrunittee . It is recognized that wbll* QGL their cluldren to toxAc ~LS&4 e'PO- ;ectlon 312 reports are not rouUaely Sure . LA6L weet . *qorlne Z)arleV BroMed with the AdmirustriaLor. the Ad- deur and C&Lhy Hinds *rorA :4 MrS~

;;iLnUltr1tor may Obtain copies Of such Re&ga.CL Lsiting f(w ner Reip n per reports in enfoming the provisions of suadirig tne President to Sign ,ne Su- this title. or under section 322 in the oerfund bill . I suninut a copy of their

course of making trade secret daterml- ieLter at the conclusion of my remart-5 rigitiffris. If this information Cilmog Lnto AT= CiTY Hossoftrots ASSO<IA-101- the Administmtor's possession LAnDeu. XA . OC~00e, J . - iSS through them mechainksms. the Ad- lr~r%t Lady liavcr R&Ac-o .

raintstrator is also required to with- XWe Houatt

hold sac b Informstlon tz .. publtcdLs- WailtzoteroL DO

closure. On Behalf of Victims of T~Ntc Waste Ex

CrTtzw Sur" 0"um In The Untcod States. -e -MM ~O r~

Section 3U authorizes persons other quanit a MOVAN w%Ln you . the Rr% LAdir

x4ney Patella to hear our &ooesi o M" than the Adimlinistinstar to brtrig suits wCul"iom lanawn as Sucwrl!~W 3uf t"t to efdorce cert .-M prowulons of UU* Mene to d" Agawless &OX&C ."Le, ~Uwa

111 . Section 3219(&Xl) authorizes citi- u& As 4 MOLAOr and &M lCtLIA If'-sbOcz

zens to briiag suits an tbetr own behalf 04JUAst Substance abuse U%U "&a needless.),

Leauruit, owners or operators of f&dU- Lauien Ent UM Of Children -e belle" t?%Alt

ties That fail to comply witu certaln re- you em 7 Unodwntanid *.Me nem--UILY

QuUvmew.L the Admainlistristor for fafl- and ursency of out Elliot . %lany of ~s are

are to take cc"" actionii, and State KeLhars thes have 104 -11-eD to Wxtc

vWw exisamrip In *ur cowdour.Cles. We UK Governors sind State emiarge=7 re- Get, 13 eumm"S 0C j~ tUme -.a "er I* *.A r sponse cominaxistom for faftre to L&M IUAS md ur" your MuSO" F?PAidenL Of certalm actionit. For purposes of see. in@ Unitsd St&L" to "lln Into av ow Last

tion 320(s . x 1). a SuLts, or local govern- Aooa_jU0qrfWA Many Members it Can

reirrit may "m qwudy as a cr%biarn wid feem ftv* www" Uverfund as 4 ~Ax =Ue . may bruig stuts. Section 326(sx2) pro. thw, 01,01411 not ON? farther "I'vCh thle tr6th Su .

vides addlUsamal authority for Staft perfland IS a M W arrftnt 0W MeeWtWl

and Wool governments to wine saiiiians "eta of our Cisofirus from Cancer L.-W Azer

asubms ovum was! tiveriscors of fiscill- r"ja Prolamine analsed 67 texft duffam i n

umiusands at Ainerwas camm L CICIM t4ft far faillurt to ""do inforroatials "am so way UK Lib" YOU ""413 to our undair sKU= 3=#). Kom of thusaa IWA-41st humon sid&-of SU~Wfund beforv PrOV131411111 Of ., do for SUH& INSINABA tilm late of thisAL&I Procrain Is dWided. We

local oversawy alsouillins cominuttiess . ftve so for 3 Fears 10MVIng our

Mr. 3posaln. it has not been a menows of Cwteress. Carlin for trim to

assomb rood thisit has led us to thle wisisdaujon we cowd seweitt7 Lmord and

day. but t bolim Lba We can "to AM IN 49Clair OtfW%W foe

pi MM In Lke resudil. The Rovor all Raw heiv . f"tow don't lot OUIP ellems So ON "M.

reen2umvis ils about to vow Exas a lAa oaut Catiar ww lauread raw 'on crk&wr=
p

. 102

_34

w LQLIC expeawfe Y*#A 4" our

boPe- P164110 gave fUYWJ Lad .,wau aLhqs "Ste to SUPeff-~nd S~,e

S

15 m1nutas of Your time duArLS trLe Lit weelt This Conference report Provide

s

h CCnCMZL Thank you for yoUr direction necessary to encourage

Little land corMideriangn . 'he States ~?A

. responsible Pa.-.,,,. In

Rosins O .wLgy as ~ a:

fected cOMM,nj,,e3 to act together !,.

CArwr arania.

addressing the Problem of toxic Aas :~

D,"fNC;VLL Mr. Speaker. I

reld sites It as built upon the inderiiL.Lfi

d

minutes to the distingaitalfted gentle . ing that se are .1ar,ners in this clean

.

man from Kansas! (Mr StArMrl. up eff

o

The SPEAKER rt-and " C&rLnOL LifOra 'c 'a .i

Pro teMPOre Mr each Other.

P411IT"A). It Is the Intent Of the ChairI have heard the rilmor that se%a,21

foik-Ing the 2 mtnutes Of the gentle . Of the President

S

ad% Lsers are recom

Man (roar. Karnes to recogratte he mending that he veto crits jerslatlo

n

WIL79 and MOLRIS COmmfttee for its take this Opportunity to re mind . tne

time. President

that he 15 ',?'.

'e "nal partner

Mr. -VATTERT. Mar Speuer. I

rise In the Superfund re~uthorL:Atjo

n

in support Of the Suverfund confer . effort-and. he should not fail us now ence report. This Is a measure which This conference report is the Prod has been deb"alad .

foar nearly3 years . 3

It hM XJWW blusarttnas support . and uct of Years Of hard . O'Dartsan wo,~K It IS time to stop talking and s*,w .~

tk- tA1W ALPPOrt Of M&MWT Lad en . cleaning up toxic waste sites all 0-r vIllafationwartallialass, The eascarmity of our country .

CrLItUM& can912sus; bill on such a I urge the adoption and enaci .ne- ccmPwz OubLk healtis and environ. of

J

the Suverfund conference repor,~

: mental USUt I$ a tribute to the mem . Again. I commend the conferees an

j

bers of the conference committee . and their staffs for their dedication ancl

all the members that have worlLed on commitment toa quality envIforl'.rien,

this legislation. for ourselves and our children.

The report before us today contains Mr, LENT . Mr. Speaker. I Yield

I

a detailed . Structured program which minute to the gentleman from ArLzonx

will support an effective and Lailgres.

(Mr MCCAIN).

save response to the dangers of toxic 'Mr. MCCAIN asked and was given waste . Permission10 revise and extend has re .

ThLS bill forces EPA and private par . Marks. )

ties to look toward the future In devis. Mr. MCCAIN . Mr. Speaker. I rise inc remedies at Stan which are per?n&. today in strong support of the Super.

nent solution& fund conference aVeement. at least

This legislation encourages the de . the Prog- provisions. I have retuc velopment of alL@rn&tsvc treatment LLAUY concluded that I must Support

technologies that desucy or pearms . the raliventic provisilons because of the

nently Immobilize hazardous wilattel. Impairtarl" Of UU111 Program to ou

r

It Puts EPA ona schedule so we can Nation 'and Its envUrtarijuent. However

measure PerfOrlialiallce and progresL 140 have garsave ausariviriars an this Lre~

It encOursM Potentially responstiblait land

I bellevt the conlerees Could hawParties to come out of the Worst done a far better job.

and the C0ur&L land S*tUe on an *nvi. The COW01TVIC0 APTement before us

ronmentsifly acceptable cleanup 01sam 1`11111WIts our Ifflitirtaseld Luiderstandinalf

It PrQtwt& our Pound water (ram Of the 11111ture of the threat we tace

contamination by lealdrag under. from the thousands of toxic waste

Pound 1111,011114all "Inks by establishinga

Sltft Which litter our mation-S land

.

now Cleanup Program under RGRA. Saw. In this first reauthortzilationOf

It giallarianisigal th" communities SUP111111und we have Increased the

Urm the C0URLrF WU1 know what fundft more than ftvefold and added

hazardous chernicals am Produced or M11111117 Substantive provisions which

handled at local Plants-and . it Assures should iniaproVe the EPA's effective .

residents th" "aaaaarargailabacy resipon" M= In dgWft with this problem. Let

PI&M aW be in Plaft should an acci. me "aasks' Special not* Of CertALn ele .

dent occuar. 11114MIL111 In this sagrement that

I thina

It Puts the ftilleral 0overnment on a Will IMOMO the Program's perform .

Schedule to cleatill up its own heagairdous ance owe. the next

5 yesm

WUW facwueL I LIPPLIBud the inclusion of cleanup

AniL It briladdils the base of Super. Sch*dUb" Uld gtftld&rdL This should

fund support by recogralzinalf thatit 11111TO the CPA

a cisquivar pwture of what

MAZIF Itsdusallria have contributed C*ngrm Intends to achieve inth thi

s

Dmgvm Ar-A hopsifully. will result, In
p. 103

The commission or committee may so ns are not p arti c u I &r! y ~s e

at its discretion . LCqu1rt tier 11 infor. Rather. the degiree of scientific suo

matwon even if the chemical is never port to add or delete & subaL&nce

Present in a quantity equal to or ex . needed 13 Chat StAted in the statutory

ceeding 10 .000 Pounds . If the COMMLS- Provision I just referred to it is imr)or

Sion or committee does acquire such tsAnt that these reports be usef,l . ar.,j

information. It Must be Made available 'herefore the chemicals suoject to ,he

W the public . This provision is Intend- rePOrt1ng requirements must be select

ed to assure that Me public receives ed on the blasts Of Solid scientific e%j

useful IrLform&Lion without imposing dence.

unfeasionable burdens on the commis- TOXIC CNIVICAL. LIST PM-OXG NY Co,rpixosS

sions and committees . Section 313(ei allows rnerribers of

SUIVISIONS of AltroltrING rolitals the Public to Petition the Administra.

The AdIrunistmLor is required to tOr to add or delete cnemicals from

publish forvm under both sections 312 the list of toxic criernicaLs puthshed

and 313 . Each section conWns a dead . under section 313 . Petitions from

line for such publication. Since the State Govemors must be given special

deadlines wtll Occur shortly after en- consideration tinder V&rairraoh 2) of

ictment of the bill . the Administrator section 313(e). That parairraort reis not required to publish the forms quires EPA to respond to a Governor s

for public comment pr1or to publishing petition to add a chemical within 180

the final forms by those deadlines. days . either by initiating a rulemaxing

However. the Administrator is encour. toadd the chemical w the list or ouo .

aged . to the extent feasible. to consult lishing an explanation why the peuwith interested orgainizatiom and the tion does not meet the criteria for

affected Industry in order to make the adding a criemtw to the list. It EPA

form as useful as posaitile. Further- f" to respond within Me 180~day

more . the Adminotrator may provide Period. the chemical must be added to

an opportunity for public comment on the list. That is. the Admtnistmtor

the final forms after they are pub- must promptly Publish it final rule in

lished and. after receiving comments the Federal Register which adds tne

or after experience with the forms . chemical to the list.

revise them in order to Improve re- TOXIC CHOdICAL XXFONTT .,c rwR9SX0L.1S

portuis. Any such revisions should be Section 313(f) sets thresholds for re

published sufficiently before the be- parting toxic chemical releases under

giantrig of the applicable reporting section 313, and it provides cne Adminperiod to allow the Lffected Industry istrator with the authority to revise

adequate time to prepare for their use . those thresholds through rukernalting .

SCICNTtrtC lk"tS VQA UST117114 TOXIC Any revised thresnold should be deC14MIC&LA signed to improve the usefitine%s of

Section 313(d) authorizes the Ad- the reports . it must be strictured t o

mintstrator to reviIse the list of toxic obtain reporting on a suostant,al rna

chemicals for which annual toxic jority of the total nation% ide releases

chemical release formis must be sub- of the toxic chemicil at all fac~M~es

mitted . The 3t&tuwry language of section 313(d) clearly requires any such covered

by section 313 .

revision . whether it is to add or delete Reporting from all lacvlaies will not

a chemical . to be based on solid scien . necessarily be required in order 1,0 3,c

tific evidence. The statute provides complish this goal. For exampie . ~f

that -[a] determination (to revise the most of the releases fcr a spec ;~ic

toxic cherrucs .1 list under section chemical come in high %olumes from

313(d)) shall be based an generially sc. only a few facilities . and -!1eases

cevited scientific principles or laborau). from other facilities. triough riumer.

ry tests, or appropriately designed and ou3 . are very small. the thresnotd

conducted epidemiological or other might only result in reporting from

population studies, available to the the high-volume facilities . Similarly if

Admi.nistraLor." The degree of scientif- a particular type of use accounts for

Ic support needed for such a determi. most of the releases of a Chemical. the

nation Is to be judged not in compart . Adrrunistrator might require reporting

son to the degree of scientific support only from those facilities that release

needed to Justify a reculation. as was the chemical In connection %ith that

suggested In the other body: that is use. This nexibility is given to the Ad

not the ime here . and such compart- milustrator In order to &cnteve the
p. 104

9011 Of Obtaining useful reports on the ~R InvER31 LrrT.C- majority of rejeases Without Placing Section 322,n, r-quires wtere

undue burdens on facilities which con the SC)ec :flc -derl, :ty of a chemcal 'S IL tribute little to such releases . tride secret, it,ac,"'Se health LnJ ~n' MADC SCCRCr r4t-rOMS "IronmencLi effe.-__s must be ,Lsclos,,,~

In responding to r-quests for tnforrr& . The trade secret pro%lslons . includ . Uon The Pul"DO" of this require.- ing those dealing with health profes .

. . en ,

Ls to assure that the maximum rifor sionals . are modeled on those Of

original House bill the m'Ltion Powitile be made avallabie to as modified by the Public witho,it. coniprorntsti-rg t" amendments that I offered in the trade secret It Is Important . ho%~vor House Energy and Commerce Commit . that the infOrmatinn on advars, ,ee . Although the conferees agreed to health Lad env :ronnienW effects be modify those Provisions in order to ad- described IM gene"U EerIsM M " no, to dress certain concerns raised by the Provide & unique Identifier of a pXr. Other body . It should be clear that the LICULr trade 3ecrmt CheMcLL

trade secrets approach taken by the HXALrs FlorusionA.La -,a o, TRAM M02ar-s conferees originated in the House. Section 323 rec,-;LreS tll&t uWer ,pec .

Therk-fore . the legislative history in Ified circurmLinces Lbe OWrLer or :)per the House is Particularly Illuminating Itor of a facIlItY must pro%ide ~ertam in understanding these provisions . health Drofessionals with the soecil

. c

Section 322(b) sets forth the factors chemical IdenttlY Of h&zardo= 3u't)-

to be applied by the Administrator in stance even thouCh s-tjeh IderL,,1ty ts &

determining whether a specific chemi . valid trade secret This section oniy

cal identity has been properly with. expands the rights of hewth pro(".

held from submission under sections sion&is W obtain information. at

hough it LUacries certain res0ongibil 303(d). 311. 312. or 313 as a trade .

secret t1ties to heAlt.11 Professionals who

. These criteria are well estab- cnOOse to ezercLse those rlgbt& Health '~ished and require little explanation, Professionals who ootLLn Lrade secret

One criterion is that the information UlfOrmation under Lhe authority of claimed u a trade secret is not re- this sect'00 must

quired to be disclosed . except in 80er-Lfwd . or otherwise einergency slCultjons . sign & wrluen made available. to the Public under confidentiality Weement biefore og~ any other Federal or State law . In taining the uVormstion . SUL&e haalth making this determination. the Ad. Professionals who obtain the jlr~forma_ ministirstor must first consider whetl-., tion under sectioc 322(g) are aOt re- er such a State law is applicable to the quired to sign confidenti"ty agree.

facility making the claim. For exam. ments.

ple. in reviewing a claim Lsser-ted by a The confidentiality agreement must

facility doing business only in Missou . ')low the health Professional to use

rt. the Administrator would only Look the information for the Purposes that

to the law Of Missouri. and that of the health professional sets for,.h in a

such other States as require the Mis . written statement of need. which is to

sourt facility to dLsclose or make avail. be submitted before disclosure Of the able to the public the information. information except in emergency situ .

PROVIDLIM MAIM SWRCf CNEAUCAL UMUCTITILS &t'Ons. Frequently. health proremionTO STATICS als need to cOhSuIt with one another

Section 322(g) allows SUte Gover- about SYMPtOrns. medical findings . &M nors to obtain trade secret chenLical the treatment of disease A coonden .

identities that oth*rwtse may not be t"lltY agreement should not prevent

disclosed. The Govemors will be able such COnSult&tlon unless the corizulta .

to disclose this information within tJOIM Would cocipromim the LrLde

their State governmeriLL however. nei- secret- It is 9-rLILY. but n(K iuwaM

ther they nor any StUA employees ob- the cam that it is the Linipage of & spetaining the information may knowilng- cific cneaucall with a specific jacIlity

IY and witl1fully disclose it outside t1w or colnPany that constitutes the tradle

State government without "owing secret. As the conference report dt&LeL

section 323(dX2) and subjecting Owes- .

the confidentiality Agreement should

selves to criminal liabLilty. Of course . not prevent a hea.1th projeffighonuLl from

this does not limit thew abillity to dis- discussalag Ln a pubW forum tne rebL.

close the same information if the UO-hip between a speL-tfroally K*nU_

State obtains, it under Its own author- fled cheosiical and a Peritic-utar clijiseme.

ity independent of section 322(g). for -ailrizite. so Long as Lae crianucat