As this mark up gets underway, I wanted to first take this opportunity to express my gratitude to the Chairman for his willingness to work together on the Small Business Liability Protection Act. I believe our bipartisan efforts have produced a strong, effective piece of legislation. I look forward to a joint effort to help pass this bill and enact it into law; and furthermore to continuing this bipartisan collaboration in the upcoming months. 

This bill will provide relief from private third party litigation against homeowners and small business who had their trash taken to the local landfill and anyone who generates a miniscule amount of waste material containing hazardous substances. It is the EPA policy not to pursue or sue persons who meet these criteria. Unfortunately, in places like Gettysburg, Pennsylvania and Quincy, Illinois, large responsible parties have threatened or sued small businesses with litigation. This legislation provides real protections for small businesses, homeowners, and contributors of very small amounts of waste material.

The bill accomplishes this in three main components:
 1. De micromis Exemption: The legislation provides that a person is not responsible for the costs associated with cleanup at a Superfund site if they sent or transported less than 100 gallons (or 200 pounds) of solid materials prior to April 1, 2001.  The party, however, could still be held liable if it did not cooperate with information requests; if anyone was convicted of a criminal environmental violation; or if the waste could contribute significantly to cleanup costs. (Note: these are termed reopeners)
 2. Municipal Solid Waste Exemption: The bill defines MSW as items that are essentially the same as household garbage and collected and disposed of as part of NORMAL municipal solid waste collection services. Exemptions are included for a business if it only disposes of MSW, generated the MSW on-site, and employs no more than 100 workers. The MSW is subject to reopeners similar to those for de micromis generators.
 3. Ability to Pay: Codifies EPA's existing practice of considering a person's ability to pay - - allows EPA to settle a cleanup claim with a small business for a lesser amount if the business can show a financial inability to pay for the cleanup and otherwise fully cooperates with the government in its cleanup efforts. 

We were able to define these three key areas while, at the same time, protect the government's burden of proof, uphold important environmental provisions, and insure that cleanup funds are not affected because there are no cost shifts to the Superfund Trust Fund or the federal program.

Again, I wanted to point out my pleasure with this consensus legislation. I believe it is a step in the right direction and the bill receives my full support.

Thank you.