Jim Inhofe: “as we have discussed here today, I hope there will be additional opportunities for the committee to consider needed…”

“as we have discussed here today, I hope there will be additional opportunities for the committee to consider needed legislative changes to sections of Superfund that are not related to brownfields. There are two such changes which clarify liability for common carriers and rail spur track owners I would like to bring to your attention which this committee has favorably considered in past Superfund bills. The first provision would conform the existing law to the industry's current practice of using contract carriage agreements by clarifying that a railroad would not be liable for the transportation of hazardous substances under the terms of a contract with a shipper who later mishandles the commodity. This is a technical amendment which is necessary to reflect the fact that most rail shipments today move under the terms of transportation contracts, not tariffs, as was the case when CERCLA was first enacted in 1980. The second issue addresses contamination on or around spur tracks, which run to and through shipper facilities. The current law states that railroads can be potentially liable as landowners for such contamination even when it is caused by a shipper. This change would hold the railroad liable only if the railroad caused or contributed to the release of the hazardous substance.”