Legislative Outlook in the Senate: Finishing Unfinished Business

Philip Cummings

Editors' Note: As Congress begins the second session of the 98th Congress, we assess both the results of the first session (see Comment, 14 ELR 10005) and the prospects for the second. For the latter task, a crystal-ball gazing exercise, we have enlisted the help of two of the sharpest-eyed observers of congressional trends available: Philip Cummings, Minority Counsel for the Senate Environment and Public Works Committee and Bud Ward, Editor of THE ENVIRONMENTAL FORUM. Mr. Cummings analyzes the chances for Senate action; Mr. Ward those in the House.

Mr. Cummings is Minority Counsel to the Senate Environment and Public Works Committee and a member of the ELR Editorial Advisory Board.

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For environmental legislation, 1984 will be the year of unfinished business. Much work remains from 1983. Even new initiatives, such as victims' compensation and groundwater protection, will follow up on promises made in legislation enacted years ago. The election year calendar will severely limit the number of legislative days; electoral politics will cast a shade over every bill or legislative maneuver. Congress will continue to observe Newton's laws, with inertia and momentum governing the likelihood of enacting various bills. Obviously the energy of interested senators or representatives will make a difference as well. My observations below reflect the energies and inclinations of the Senate Environment and Public Works Committee.

Hazardous Waste

Furthest along are the amendments to the Solid Waste Disposal Act (SWDA) strengthening the Resource Conservation and Recovery Act (RCRA), the hazardous waste regulatory program. Already passed by the House, the Senate intends to take up the complementary Senate Committee-reported version early in 1984. The two versions contain many similar provisions, and a fairly rapid accommodation of the two approaches seems likely. This bill should be available for the President's signature in March.

Major provisions currently in both bills (1) prohibit the land disposal of hazardous waste except where it can be shown to be safe; (2) close out the current administrative exemption for small quantity generators of hazardous waste; and (3) require the listing and regulation of additional hazardous wastes. Both bills require new landfills and surface impoundments to have double liners and leachate collection systems. The House-passed bill requires existing surface impoundments to meet such design standards as well, and the shaping of a similar provision will be a major focus for Senate action.

Clean Air Act

The Senate Committee will begin action on S. 768, amendments to the Clean Air Act, early in February 1984. S. 768 is virtually identical to the bill that the Committee reported in 1982. New hearings will explore the question of acid deposition control, giving the Administration an opportunity to present its views on the Act. Chairman Robert T. Stafford has stated his intention for [14 ELR 10003] the Committee to report a clean air bill by sometime in March. This timetable will necessitate staying fairly close to the present text of the bill.

Obviously, the passage of time will require some modifications to S. 768, as with the dates for submission of revised implementation plans in nonattainment areas. The issues likely to draw the most attention, however, are the bill's proposed controls on acid deposition and the amendments dealing with hazardous air pollutants. The Committee will address how, where, and how much to reduce emissions of acid deposition precursors. The Environmental Protection Agency's improved performance on hazardous air pollutant control will allow the Committee to consider alternative ways to strengthen the § 112 process.

Clean Water Act

The Senate Environment Committee has reported two bills amending the Clean Water Act. S. 431 extends deadlines for achieving best available technology (BAT) requirements and establishes a timetable for going beyond BAT requirements to achieve water quality standards for toxic pollutants, among other amendments. S. 2006 establishes a program for the control of nonpoint sources. These bills will be joined on the Senate floor. Major issues in Senate consideration may include controversial amendments dealing with (1) the relationship between § 404, the Endangered Species Act, and western water law; (2) categorical pretreatment standards; and (3) locally developed pretreatment programs.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

The extension of CERCLA, or the Superfund as it is often called, will be a priority for the Congress in 1984. House hearings have already begun. Senate consideration will begin as early as the Committee's work on other matters will allow. The Committee will certainly consider an extension of Superfund along with legislation improving compensation for victims of exposure to hazardous substances. Other than the nature of such victims' compensation provisions, the principal issues will be the size of the expanded base of revenues. The Committee should complete action on this legislation by the end of June.

Groundwater Protection

An area in which legislative initiatives are likely is groundwater protection. The current statutory framework for hazardous substance control has significant gaps in its ability to deal with groundwater contamination. The Committee may consider bills either to address specific contamination problems, such as leaking underground storage tanks, or to more comprehensively modify the Safe Drinking Water Act or other statutes to provide generally for groundwater protection.

Toxic Substances

Reauthorization of the Toxic Substances Control Act (TSCA) will be a priority of the Senate Subcommittee on Toxic Substances and Environmental Oversight and the House Subcommittee on Commerce, Transportation and Tourism. Congress will carefully analyze the current law and substantive revisions are likely. One area of examination will be the availability of information on hazards, exposure, and control methods and possible abuses of claims that data constitute confidential business information.

Other Legislation

The House has passed amendments to Title I of the Marine Protection, Research, and Sanctuaries Act. The schedule for Senate consideration is uncertain at this time. There is also legislative activity in the House on the oil spill title of the Outer Continental Shelf Lands Act and on a comprehensive oil spill "umbrella" fund. The Congress may also consider substantive amendments as part of the environmental research and demonstration authorizations.

Conclusion

In summary, the Senate Environment Committee expects to complete action on several bills begun in 1982 or 1983.The Committee would be highly disappointed if the Senate failed to pass amendments to the SWDA, the Clean Water Act, and the Clean Air Act during 1984. In addition, new legislation dealing with Superfund, groundwater protection, and TSCA will be priorities with the Committee.