[DOCID: f:hr659.109]
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109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-659
======================================================================
TO AUTHORIZE TEMPORARY EMERGENCY EXTENSIONS TO CERTAIN EXEMPTIONS TO
THE REQUIREMENTS WITH RESPECT TO POLYCHLORINATED BIPHENYLS UNDER THE
TOXIC SUBSTANCES CONTROL ACT
_______
September 14, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Barton of Texas, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 5863]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 5863) to authorize temporary emergency
extensions to certain exemptions to the requirements with
respect to polychlorinated biphenyls under the Toxic Substances
Control Act, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
The purpose of H.R. 5863 is to allow for the authorization
of a temporary emergency extension of a certain exemption to
the requirements concerning polychlorinated biphenyls in the
Toxic Substances Control Act (TSCA).
Background and Need for Legislation
The Department of Defense (DOD) and its services and
supplies adjunct, the Defense Logistics Agency (DLA), have been
stockpiling PCB laden equipment in its warehouses overseas,
particularly in Japan. This equipment, in part consisting of
electric transformers, capacitors, voltage regulators, circuit
breakers, and electric cable, which were manufactured both in
the United States and abroad, is nearing the point of
completely filling existing warehouse space. DOD and DLA are
currently seeking ways to properly remove and dispose of this
equipment to help alleviate storage capacity concerns.
Under regulations promulgated pursuant to Section 6(e) of
TSCA, no person may import equipment with PCBs into the United
States for disposal, treatment, or storage if those PCBs or the
equipment containing those PCBs were created in a foreign
country. Items containing PCBs that were created in the United
States, even if they are used overseas, are not subject to this
provision of law. Section 6(e)(3)(B) of TSCA, however, allows
the Administrator of the U.S. Environmental Protection Agency
(EPA) to grant a one year waiver from these requirements for a
specific petitioner if that petitioner can demonstrate that the
grant of a waiver by EPA will: (1) not result in an
unreasonable risk to human health or the environment and (2)
good faith efforts have been made by the petitioner to develop
alternatives to PCBs that would not present an unreasonable
risk of injury to health or the environment.
In past years, DOD/DLA have relied upon the existing
petition and waiver process from TSCA Section 6(e)(3)(B) to
ship foreign generated PCBs along with U.S.-generated PCBs back
into the United States for disposal, treatment, or storage
through contracted private parties. For example, in 2003, the
Administrator granted a one-year exemption to DLA who
successfully removed over 2.7 million pounds of PCB
contaminated equipment from Japan. Another petition to ship
foreign generated PCBs is currently pending with EPA.
However, while this arrangement has worked, DOD/DLA are
concerned that one-year alone might be too tight of a time
frame because it does not allow much room for unexpected
shipping delays. For example, during the 2003 waiver period,
the ship carrying DOD's last shipment of foreign generated PCBs
caught fire, had to return to Japan, and nearly did not make it
to U.S. customs territory before the one year waiver expired.
Had that shipment not made it to port in the United States, the
ship would have been prohibited from docking and unloading its
cargo in the United States. The Committee expects that DOD/DLA
will minimize the possibility of a problem caused by unexpected
shipping delays by scheduling the shipments well in advance of
the end of the one year exemption period.
Based on this past experience, DOD/DLA has recently
expressed heightened concerns about the potential of a TSCA
Section 6(e)(3)(B) exemption expiring while a shipment of
foreign generated PCBs is in transit. DOD has been working with
the State Department to find PCB disposal capacity. Currently,
Japan--where DOD/DLA's greatest concerns lie--has no immediate
capability to dispose of PCBs and does not expect to have the
capability for several years. Since U.S. military activities
will continue to generate domestic and foreign PCBs for many
years as existing equipment comes out of service, DOD/DLA are
seeking an amendment to TSCA Section 6(e)(3)(B) to extend the
waiver period for DOD/DLA importation of foreign manufactured
PCB equipment.
On June 22, 2006, the Senate passed H.R. 5122, the National
Defense Authorization Act for fiscal year 2007. Section 322 of
the Senate passed version of H.R. 5122 contains language that
would amend TSCA Section 6(e)(3)(B) to allow EPA to grant an
exemption for up to three years to the Secretary of Defense and
the Secretaries of the military departments to transport PCBs
generated by, or under the control of DOD into the United
States for purposes of their disposal. In addition, Senate
Section 322 would sunset in 2012 and require a report on DOD
and DLA stockpiles of foreign generated PCBs by 2012. The House
passed version of H.R. 5122 did not contain similar provisions.
H.R. 5863 responds to Section 322 of the Senate passed version
of H.R. 5122.
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation.
Committee Consideration
On Wednesday, July 26, 2006, the Committee on Energy and
Commerce met in open markup session and ordered H.R. 5863
favorably reported to the House, without amendment, by a voice
vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 5863 reported. A motion by Mr. Barton to order H.R. 5863
favorably reported to the House, without amendment, was agreed
to by a voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
Statement of General Performance Goals and Objectives
The goal of H.R. 5863 is to authorize a temporary emergency
extension to certain exemptions to the requirements with
respect to polychlorinated biphenyls under the Toxic Substances
Control Act.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5863, to authorize a temporary emergency extension to certain
exemptions to the requirements with respect to polychlorinated
biphenyls under the Toxic Substances Control Act, would result
in no new or increased budget authority, entitlement authority,
or tax expenditures or revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
Congressional Budget Office,
U.S. Congress,
Washington, DC, August 3, 2006.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5863, a bill to
authorize temporary emergency extensions to certain exemptions
to the requirements with respect to polychlorinated biphenyls
under the Toxic Substances Control Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 5863--A bill to authorize temporary emergency extensions to
certain exemptions to the requirements with respect to
polychlorinated biphenyls under the Toxic Substances Control
Act
Under the Toxics Substances Control Act, no person may
import polychlorinated biphenyls (PCBs) into the United States
for disposal, treatment, or storage if those PCBs or the
equipment containing those PCBs were created in a foreign
country. Under certain circumstances, however, the
Environmental Protection Agency (EPA) is allowed to grant
exemptions from this law for up to one year. Enacting H.R. 5863
would allow EPA to extend previously granted exemptions for an
additional 30 days in emergency situations. This authority to
extend waivers would end on September 30, 2012.
Based on information from EPA, CBO estimates that enacting
H.R. 5863 would have no significant impact on the federal
budget. Enacting this legislation would not affect direct
spending or revenues.
H.R. 5863 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Susanne S.
Mehlman. This estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Extension of emergency exemption authority from certain
requirements
Section 1 amends Section 6(e)(3) of the Toxic Substances
Control Act.
First, it creates a new subparagraph (D) that supplements
the existing authority that is provided to the Administrator of
the U.S. Environmental Protection Agency (EPA) in existing
subparagraph (B). The new subparagraph (D) allows the EPA
Administrator to extend, if notified of an emergency situation,
an exemption granted pursuant to existing subparagraph (B) for
a period of not more than 30 days for the purpose of
authorizing the safe, effective, and efficient shipment into
the customs territory of the United States of foreign generated
polychlorinated biphenyls for purposes of their disposal,
treatment, or storage in the customs territory of the United
States.
Section 1 also sunsets the EPA Administrator's authority to
grant an extension of an exemption on September 30, 2012. If,
however, a 30-day extension of an exemption has been granted
prior to September 30, 2012; such extension of the exemption
shall be fully carried out as issued.
Finally, not later than March 1, 2011, Section 1 requires
that any person or entity who has been granted an exemption
pursuant to section 6(e)(3)(B) of the Toxic Substances Control
Act, after the enactment of new subparagraph 6(e)(3)(D), shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the status of foreign-manufactured
polychlorinated biphenyls generated by or under the control of
that person or entity outside of the United States. The report
shall address the remaining volume of such foreign-manufactured
polychlorinated biphenyls that may require shipment into the
customs territory of the United States for disposal, treatment,
or storage; the efforts that have been made by that person or
entity or related Federal entities to reduce such volumes of
foreign manufactured PCBs and the development of alternative
options for the disposal, treatment, or storage of such PCBs.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT
SEC. 6. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.
(a) * * *
* * * * * * *
(e) Polychlorinated Biphenyls.--(1) * * *
* * * * * * *
(3)(A) Except as provided in [subparagraphs (B) and (C)]
subparagraphs (B), (C), and (D)--
(i) * * *
(B) Any person may petition the Administrator for an
exemption from the requirements of subparagraph (A), and the
Administrator may grant by rule such an exemption if the
Administrator finds that--
(i) * * *
* * * * * * *
An exemption granted under this subparagraph shall be subject
to such terms and conditions as the Administrator may prescribe
and shall be in effect for such period ([but not more than one
year from the date it is granted] but not more than 1 year from
the date it is granted, except as provided in subparagraph (D))
as the Administrator may prescribe.
* * * * * * *
(D) The Administrator may extend, if notified of an emergency
situation, an exemption granted pursuant to subparagraph (B)
for a period of not more than 30 days for the purpose of
authorizing the safe, effective, and efficient shipment into
the customs territory of the United States of polychlorinated
biphenyls for purposes of their disposal, treatment, or storage
in the customs territory of the United States.
* * * * * * *
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