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Modernizing the Superfund Cleanup Program Hearing

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Modernizing the Superfund Cleanup Program Hearing MODERNIZING THE SUPERFUND CLEANUP PROGRAM HEARING BEFORE THE SUBCOMMITTEE ON ENVIRONMENT OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION JANUARY 18, 2018 Serial No. 115–92 ( Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 29–746 WASHINGTON : 2019 VerDate Nov 24 2008 12:32 Jan 10, 2019 Jkt 037690 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 I:\MY DOCS\HEARINGS 115\HEARINGS\115-92 CHRIS COMMITTEE ON ENERGY AND COMMERCE GREG WALDEN, Oregon Chairman JOE BARTON, Texas FRANK PALLONE, JR., New Jersey Vice Chairman Ranking Member FRED UPTON, Michigan BOBBY L. RUSH, Illinois JOHN SHIMKUS, Illinois ANNA G. ESHOO, California MICHAEL C. BURGESS, Texas ELIOT L. ENGEL, New York MARSHA BLACKBURN, Tennessee GENE GREEN, Texas STEVE SCALISE, Louisiana DIANA DEGETTE, Colorado ROBERT E. LATTA, Ohio MICHAEL F. DOYLE, Pennsylvania CATHY MCMORRIS RODGERS, Washington JANICE D. SCHAKOWSKY, Illinois GREGG HARPER, Mississippi G.K. BUTTERFIELD, North Carolina LEONARD LANCE, New Jersey DORIS O. MATSUI, California BRETT GUTHRIE, Kentucky KATHY CASTOR, Florida PETE OLSON, Texas JOHN P. SARBANES, Maryland DAVID B. MCKINLEY, West Virginia JERRY MCNERNEY, California ADAM KINZINGER, Illinois PETER WELCH, Vermont H. MORGAN GRIFFITH, Virginia BEN RAY LUJA´ N, New Mexico GUS M. BILIRAKIS, Florida PAUL TONKO, New York BILL JOHNSON, Ohio YVETTE D. CLARKE, New York BILLY LONG, Missouri DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana KURT SCHRADER, Oregon BILL FLORES, Texas JOSEPH P. KENNEDY, III, Massachusetts SUSAN W. BROOKS, Indiana TONY CA´ RDENAS, CaliforniaL RUIZ, MARKWAYNE MULLIN, Oklahoma California RICHARD HUDSON, North Carolina SCOTT H. PETERS, California CHRIS COLLINS, New York DEBBIE DINGELL, Michigan KEVIN CRAMER, North Dakota TIM WALBERG, Michigan MIMI WALTERS, California RYAN A. COSTELLO, Pennsylvania EARL L. ‘‘BUDDY’’ CARTER, Georgia JEFF DUNCAN, South Carolina SUBCOMMITTEE ON ENVIRONMENT JOHN SHIMKUS, Illinois Chairman DAVID B. MCKINLEY, West Virginia PAUL TONKO, New York Vice Chairman Ranking Member JOE BARTON, Texas RAUL RUIZ, California TIM MURPHY, Pennsylvania SCOTT H. PETERS, California MARSHA BLACKBURN, Tennessee GENE GREEN, Texas GREGG HARPER, Mississippi DIANA DEGETTE, Colorado PETE OLSON, Texas JERRY MCNERNEY, California BILL JOHNSON, Ohio TONY CA´ RDENAS, California BILL FLORES, Texas DEBBIE DINGELL, Michigan RICHARD HUDSON, North Carolina DORIS O. MATSUI, California KEVIN CRAMER, North Dakota FRANK PALLONE, JR., New Jersey (ex TIM WALBERG, Michigan officio) EARL L. ‘‘BUDDY’’ CARTER, Georgia JEFF DUNCAN, South Carolina GREG WALDEN, Oregon (ex officio) (II) VerDate Nov 24 2008 12:32 Jan 10, 2019 Jkt 037690 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 I:\MY DOCS\HEARINGS 115\HEARINGS\115-92 CHRIS C O N T E N T S Page Hon. John Shimkus, a Representative in Congress from the State of Illinois, opening statement ................................................................................................ 1 Prepared statement .......................................................................................... 3 Hon. Paul Tonko, a Representative in Congress from the State of New York, opening statement ................................................................................................ 4 Hon. Frank Pallone, Jr., a Representative in Congress from the State of New Jersey, opening statement .......................................................................... 6 Hon. Marsha Blackburn, a Representative in Congress from the State of Tennessee, opening statement ............................................................................ 7 Hon. Greg Walden, a Representative in Congress from the State of Oregon, prepared statement .............................................................................................. 119 WITNESSES Barry Breen, Principal Deputy Assistant Administrator of the Office of Land and Emergency Management, U.S. Environmental Protection Agency .......... 8 Prepared statement .......................................................................................... 10 Answers to submitted questions ...................................................................... 142 Steve Cobb, Chief, Land Division, Alabama Department of Environmental Management, on behalf of the Association of State And Territorial Solid Waste Management Officials .............................................................................. 42 Prepared statement 1 ........................................................................................ 1046 Answers to submitted questions ...................................................................... 154 J. Winston Porter, Environmental and Energy Consultant ................................. 59 Prepared statement .......................................................................................... 62 Answers to submitted questions ...................................................................... 164 James McKenna, Portland Harbor Policy Analyst, Governor Brown’s Natural Resources Office ................................................................................................... 69 Prepared statement .......................................................................................... 71 Answers to submitted questions ...................................................................... 166 Debbie Mans, Executive Director and Baykeeper, NY/NJ Baykeeper ................ 81 Prepared statement .......................................................................................... 83 Katherine Probst, Independent Consultant ........................................................... 92 Prepared statement 2 ........................................................................................ 94 SUBMITTED MATERIAL Office of Solid Waste and Emergency Response Climate Change Adaptation Implementation Plan, June 2014, submitted by Mr. McNerney ...................... 121 1 The attachments to Mr. Cobb’s statement can be found at: https:// docs.house.gov/meetings/if/if18/20180118/106783/hhrg-115-if18-wstate- cobbs-20180118.pdf. 2 The attachments to Ms. Probst’s statement can be found at: https:// docs.house.gov/meetings/if/if18/20180118/106783/hhrg-115-if18-wstate- probstk-20180118.pdf. (III) VerDate Nov 24 2008 12:32 Jan 10, 2019 Jkt 037690 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 I:\MY DOCS\HEARINGS 115\HEARINGS\115-92 CHRIS VerDate Nov 24 2008 12:32 Jan 10, 2019 Jkt 037690 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 I:\MY DOCS\HEARINGS 115\HEARINGS\115-92 CHRIS MODERNIZING THE SUPERFUND CLEANUP PROGRAM THURSDAY, JANUARY 18, 2018 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON ENVIRONMENT, COMMITTEE ON ENERGY AND COMMERCE Washington, DC. The subcommittee met, pursuant to call, at 10:15 a.m., in room 2322 Rayburn House Office Building, Hon. John Shimkus (chair- man of the subcommittee) presiding. Members present: Representatives Shimkus, McKinley, Barton, Blackburn, Harper, Olson, Johnson, Flores, Hudson, Walberg, Car- ter, Tonko, Ruiz, Green, DeGette, McNerney, Ca´rdenas, Dingell, and Pallone (ex officio). Staff present: Allie Bury, Legislative Clerk, Energy/Environment; Jordan Haverly, Policy Coordinator, Environment; A.T. Johnston, Senior Policy Advisor, Energy; Mary Martin, Deputy Chief Counsel, Energy & Environment; Katie McKeogh, Press Assistant; Tina Richards, Counsel, Environment; Dan Schneider, Press Secretary; Jennifer Sherman, Press Secretary; Andy Zach, Senior Professional Staff Member, Environment; Jeff Carroll, Minority Staff Director; Jacqueline Cohen, Minority Chief Environment Counsel; Jean Fruci, Minority Energy and Environment Policy Advisor; Evan Gil- bert, Minority Press Assistant; Tiffany Guarascio, Minority Deputy Staff Director and Chief Health Advisor; Rick Kessler, Minority Senior Advisor and Staff Director, Energy and Environment; Alex- ander Ratner, Minority Policy Analyst; Tuley Wright, Minority En- ergy and Environment Policy Advisor; C.J. Young, Minority Press Secretary; and Catherine Zander, Minority Environment Fellow. OPENING STATEMENT OF HON. JOHN SHIMKUS, A REP- RESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. SHIMKUS. The subcommittee will now come to order. Thank you for closing the door. The chair recognizes himself for 5 minutes. Today, we continue the subcommittee’s oversight of the Super- fund cleanup program and we initiate a discussion with the EPA and other stakeholders about ways to modernize the program to make sure that the Superfund sites around the country are getting cleaned up and returned to productive use in the most efficient and effective manner. The Comprehensive Environmental Response, Compensation, and Liability Act, commonly referred to as CERCLA, also known as ‘‘Superfund,’’ was signed into law on December 11th, 1980. The Na- tional Priorities List came into existence in 1983 and it is the (1) VerDate Nov 24 2008 12:32 Jan 10, 2019 Jkt 037690 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 I:\MY DOCS\HEARINGS 115\HEARINGS\115-92 CHRIS 2 prioritization of sites with known releases or threatened releases of hazardous substances throughout the United States. As of Novem- ber 2017, there were over 1,300 sites on the National Priorities List and many of the sites have been on the list for more than 20 years. The process of evaluating contamination at the site and deter- mining the appropriate remedy can take years or even decades, which delays the cleanup of the site and prevents the area from
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