No Legislative Dumping

Too many people live near too much toxic waste in this country for there to be so little congressional pressure to get a real cleanup under way. With lobbyists pulling members in different directions on a new Superfund bill and ways to finance it, the leadership, particularly in the House, must take a strong hand. The House Rules Committee is the best place to show willpower.

The committee acts as a gatekeeper, deciding when bills are debated and under what rules. It has the opportunity to influence the substance of House debate as well, because it is being asked to set the terms on which a decision will be made between two Superfund bills from two House committees. The Rules Committee should send the tough new Superfund bill written by the House Public Works and Transportation Committee to the floor and delay action on a weaker bill from the House Energy Committee.

Choosing which bill to debate is not an arcane matter of interest only to legislative analysts. Choosing the Public Works bill would allow the House to talk about a measure containing standards that would encourage permanent cleanups and deadlines for starting those cleanup actions. The Energy Committee bill’s first real deadline is 1991, and that’s too long to wait.

It is important that the House debate start with the strongest bill possible. With any bill there will be heated discussion between the forces, including the Reagan Administration, that want to see Superfund money still drawn largely from oil and chemical companies, and those, including the oil and chemical companies, that want a broader-based tax. Ultimately the consumer pays any manufacturers’ tax, but, since many companies help create wastes, it only seems fair to spread the cost of the Superfund. The House will be considering alternatives to what is in effect a value-added tax; the Senate has already passed it. And there is a considerable burden to share. The House wants $10 billion over five years, and the Senate-passed measure calls for $7.5 billion.

Several months ago it looked as though any hope of a tough Superfund had been dumped for this year. Then the Public Works Committee action rejuvenated the environmental forces. But the Superfund’s taxing authority ran out on Sept. 30, and the Environmental Protection Administration says that it has enough money to continue the program, at reduced levels, until mid-November.

The House should get tough with toxics, and get tough quickly. The House leadership should encourage the Rules Committee to send the better bill to the floor and let people see who cares about the environment and who doesn’t. But it shouldn’t act just for expediency’s sake. No bill is better than a bad bill that would slow the pace for five more years. If it isn’t going to act decisively, it should do nothing at all until next year, when election jitters may make lawmakers more responsive to all those people living near dumps with the toxic jitters.