A Superfund Solution

This Q&A covers everything you always wanted to know about “Operation Breakout,” ISRI’s new plan to win Superfund reform.

By now you’ve probably heard something about “Operation Breakout,” ISRI’s new Superfund strategy. Assuming you’ve heard it mentioned, you’re probably asking yourself: “What’s this new strategy all about, and how will it benefit me?”

To the rescue comes the following Q&A, which aims to answer all of your questions about this new plan.

What is “Operation Breakout”?

“Operation Breakout” is the scrap recycling industry’s standby strategy to win Superfund relief for recyclers of metal, paper, plastics, glass, textiles, and rubber in 1998.

Why did ReMA develop “Operation Breakout”? Why now?

ISRI’s first preference is and has always been to achieve comprehensive Superfund reform legislation that includes the ISRI-supported Superfund Recycling Equity Act.

Unfortunately, comprehensive Superfund reform wasn’t enacted in either the 103rd or 104th Congress. Now, in the 105th Congress, time is running out again. One problem is that fewer than 100 legislative days are in the work schedule of this Congress’ second session, which runs January-October 1998. That, plus the presidential scandals, could mean Congress will only address legislation absolutely necessary for the nation’s well-being in 1998.

Moreover, the Clinton administration and its Democratic allies in Congress remain at odds with Republicans on key environmental committees over issues that one side or the other considers vital to a final comprehensive Superfund bill.

Given the potential for comprehensive Superfund reform to stall once again, ISRI’s officers and staff decided to present this information to members, inform them how the ISRI-sponsored Superfund Recycling Equity Act might be enacted separately from comprehensive reform, and ask for their input. The message, first presented at the national membership conference in Miami Beach in January, was that ReMA would continue to work hard to promote a comprehensive Superfund bill containing ISRI’s recycling language. If comprehensive reform failed, however, ReMA could elect—if its members desired—to break out its recycling provision and try to move it on its own.

Hence, “Operation Breakout.”

The alternative would be to wait for the 106th Congress to resume work on comprehensive Superfund reform in 1999.

What’s the strategy behind “Operation Breakout”?

Central to the strategy are cosponsorships. The Superfund Recycling Equity Act—HR 2733, introduced in the House in October 1997 by Rep. Billy Tauzin (R-La.)—should have at least 290 cosponsors, or two-thirds of the House, for ReMA to try to move it through the legislative process as a freestanding bill. And when Sen. John Warner (R-Va.) introduces the Senate counterpart to HR 2733, the goal will be to acquire at least 60 cosponsors.

To achieve these cosponsorship goals, ISRI’s government relations staff has divided the country into 10 regions. Each staff member has assumed responsibility for overseeing the cosponsorships and grass-roots needs of ReMA members in specified regions.

In enlisting these cosponsors, ReMA members, staff, and consultants plan to inform every member of the House and the Senate that the Superfund Recycling Equity Act is pro-industry and pro-environment—making it a good vote for Republicans and Democrats alike—and due to the support of the U.S. EPA and many in Congress, it wouldn’t require much floor time to pass in either the House or Senate.

ISRI’s strategy also includes contacting editorial boards of newspapers around the country to discuss the merits of scrap recyclers’ Superfund case and the need to relieve them of Superfund liability, with or without comprehensive reform. The goal is to have editorials printed in support of ISRI’s position in newspapers with sufficient coverage to reach as many congressional representatives as possible.

Who’s directing “Operation Breakout”?

ISRI’s national officers, the chairman and vice chairman of the government affairs committee, and ISRI’s executive director are at the helm of “Operation Breakout.” They set the policy direction and make decisions associated with the effort. In addition, a regularly scheduled telephone conference is held between them and ReMA staff to track “Operation Breakout” progress, problems, and needs.

Mark Reiter, ISRI’s lobbyist and director of legislative and international affairs, is managing the day-to-day effort. Clare Hessler, director of federal and state policy, is assisting him in this charge. Other ReMA staff working to implement “Operation Breakout” are Herschel Cutler, senior adviser; Scott Horne, director of state and local programs; Tracy Mattson, director of environmental compliance; Tom Tyler, associate counsel; and Tom Wolfe, counsel/managing director of government relations. ReMA has also hired Nicole Larson to serve as grass-roots coordinator for the duration of “Operation Breakout.”

Likewise, political consultant Al Swift, a former eight-term Democratic congressman from Washington state, is promoting “Operation Breakout” in Congress, particularly with the Democratic leadership.

To help enlist Republican support, ReMA has retained the lobbying firm of Barbour Griffith & Rogers (Washington, D.C.). Former Republican National Committee Chairman Haley Barbour, who heads the firm, is actively participating in “Operation Breakout.”

Joel Blackwell, a former editor with the Miami Herald and the Charlotte Observer who specializes in grass-roots media efforts, completes the team and will be helping ReMA spread its message to editorial boards.

What factors could prevent “Operation Breakout” from succeeding this year? And what could be the political costs to ReMA if it fails?

Congressional committee and subcommittee chairmen and their staffs insist that there not be a “piecemeal” approach to Superfund reform. That is, they want to enact one comprehensive Superfund bill, not many smaller ones. 

One of their concerns is that passing noncontroversial issues such as recycling would make it more difficult to make progress on controversial issues such as liability and cleanup standards.

Should comprehensive reform fail and should ReMA move its Superfund recycling language as a freestanding bill and not succeed, the gains in visibility and stature ReMA has made on Capitol Hill in the past five years could be severely damaged. In addition, committee and subcommittee chairmen and their staffs could prevent ISRI’s recycling language from moving in Congress in the future either as part of comprehensive Superfund reform or as a separate bill.

Another potential roadblock to “Operation Breakout” is that Congress could be diverted by partisan bickering for the remainder of the year until the October adjournment for the 1998 elections. This could result from the current scandals or efforts to gain an electoral advantage as the election approaches and control of the House is at stake.

And finally, if ReMA doesn’t achieve its goal of 290 cosponsors in the House and 60 in the Senate, congressional leaders may assume that the Superfund Recycling Equity Act lacks broad bipartisan support. In this case, they could be hesitant to move the act through the legislative process.

What would help “Operation Breakout” succeed?

Without question, achieving ISRI’s cosponsorship goals as quickly as possible would improve the chances of enacting the Superfund recycling language. The sooner the cosponsorship goals are achieved, the more time there is to work through the politics of the situation. Every ReMA member has a stake in winning this battle, whether or not they’re a potentially responsible party under Superfund. In short, success will mean that recyclers have once and for all made the point that scrap is not waste.

How will scrap recyclers benefit if “Operation Breakout” succeeds?

The scrap recycling industry, at present, faces more than $200 million in known Superfund liability. Given the recent case in New York state in which a shipper of steel scrap was held liable for Superfund cleanup (see ReMA Legislative News, April 1998) and cases that may arise in the future, it’s possible that the scrap industry’s future liability exposure could be in the billions. If “Operation Breakout” succeeds, scrap recyclers would be released from third-party Superfund liability, both retroactively and prospectively, for legitimate recycling transactions. As a result, they’d be free from much, if not all, of the financial burden related to Superfund liability.

What can I do to help “Operation Breakout” succeed?

ISRI members can contact their congressmen and senators to seek their cosponsorship of the Superfund Recycling Equity Act. They can write to their elected representatives, call them, arrange a meeting, or see them in their home districts. ReMA staff can provide assistance, following up on leads and helping members “close the deal” to get additional cosponsors for the ISRI-supported legislation. (See sidebar at left for ReMA staff contact information.) •