October 1, 1965
Page 25850
Mr. MUSKIE. Mr. President, the Senate passed S. 306, amending the Clean Air Act and establishing a solid waste disposal program, on May 18, 1965. The House of Representatives passed an amended version of the bill on September 24, 1965.
There are several differences between the two versions of the bill, but after consultation with representatives of the Department of Health, Education, and Welfare, the members of the Subcommittee on Air and Water Pollution of the Committee on Public Works have determined that the House version is a sound and reasonable proposal and have decided to recommend that the Senate concur in the House amendments.
I have discussed the differences between the two versions of S. 306 with Secretary of Health, Education, and Welfare Gardner and with Chairman OREN HARRIS of the House Committee on Interstate and Foreign Commerce. I am satisfied that the intent of the Senate is carried out by the House version and that the Department will administer the bill in accordance without the legislative history in the Senate.
I ask unanimous consent that a letter from Acting Secretary of Health, Education, and Welfare Wilbur Cohen be printed in the RECORD at this point.
There being no objection, the letter was ordered to be printed in the RECORD, as follows:
September 29, 1965
Hon. EDMUND S. MUSKIE,
U.S. Senate,
Washington, D.C.
DEAR SENATOR MUSKIE: The Clean Air Act amendments and the Solid Waste Disposal Act (S. 306) passed the House on Friday, September 24, with amendments.
It is my understanding that you are particularly concerned with an amendment to section 202(b) of the bill, which provides authority for the Secretary to establish regulations prescribing standards applicable to the emission of exhaust fumes from motor vehicles. Your committee recommended, and the Senate adopted, September 1, 1967, as the effective date by which regulations must be promulgated. The House amendment eliminated this date and left the time of effective regulations to the discretion of the Secretary.
Testimony from the automobile industry indicated that control systems could be applied on the 1968 models, and we see no reason to delay the application of standards beyond that period. It is our intention to promulgate our initial regulations in time for application to the 1968 model year.
Although the House amendment would permit the application of exhaust standards to diesel-powered vehicles as well, we do not intend to apply standards until we are satisfied that the technology of diesel exhaust control is sufficiently developed.
We prefer the flexibility of the House version of section 202, although we are planning to follow the general intent of the Senate version, both with respect to application of standards to the 1968 model automobiles and the further development of standards for emissions from diesel powered vehicles.
The House added to section 209 of the bill a new subsection (e) which provides authority to call conferences with respect to air pollution problems of substantial significance which may occur.
This provision was recommended by the President to provide preventive measures in addition to the abatement procedures now contained in the Clean Air Act. We do not intend to administer this provision as a substitute for the abatement provisions of the Clean Air Act. Moreover, we do not intend to apply this provision in situations where the affected States have established their own air pollution control enforcement programs. Conferences on potential air pollution problems would be relatively rare, but they would provide an important and useful tool for the prevention, as well as control, of air pollution. We can assure you that we plan to pursue a vigorous program under the abatement provisions of the Clean Air Act.
I hope that you will be able to recommend to your committee, and to the Senate, that the House-passed S. 306 be adopted, and thus permit this important legislation to be enacted into law in this session.
I, or my staff, will be available to discuss these points with you at any time.
Sincerely, WILBUR J. COHEN,
Acting Secretary.
Mr. MUSKIE. Mr. President, Mr. Cohen's letter provides answers on three specific questions I raised with Secretary Gardner. I shall refer to these in the course of my remarks.
The first major difference between the two versions of the bill is in the section dealing with restrictions on automotive exhaust emissions from new cars. The bill, as passed by the Senate, required that these restrictions be applied by September 1, 1967 -- in other words, on the 1968 model year cars. The House version dropped the date, leaving the time of application to the discretion of the Secretary of Health, Education, and Welfare.
I have been assured by Chairman HARRIS that it was not the intention of the House that the application date of the standards for automobiles go beyond the date specified in the Senate bill.
Secretary Gardner reassured me on this point. Acting Secretary Cohen's letter says:
Testimony from the automobile industry indicated that control systems could be applied on the 1968 models, and we see no reason to delay the application of standards beyond that period. It is our intention to promulgate our initial regulations in time for application to the 1968 model year.
I have been advised by the Department of Health, Education, and Welfare that the regulations can be promulgated within the next couple of months and that the automobile industry has assured the Department that under those circumstances it can meet the deadline. The members of the Subcommittee on Air and Water Pollution expect that date to be kept and will watch developments under this section closely.
The House version dropped a Senate provision calling for the development of criteria on diesel exhausts and incorporated new diesel engines under the general authority to establish standards on automotive exhausts.
The Senate subcommittee was concerned because, as of the time of our hearings and since, we have received no information to indicate sufficient technological knowledge to control diesel emissions through engine modifications or devices. The Department shares this concern and has advised us in Acting Secretary Cohen's letter that although the House amendment would permit the application of exhaust standards to diesel-powered vehicles as well, we do not intend to apply standards until we are satisfied that the technology of diesel exhaust control is sufficiently developed.
The House made changes in the inspection provisions of S. 306, but the committee is satisfied that the differences will not reduce the effectiveness of the Department's surveillance and control over compliance with standards established under the act.
There is a minor change in the control over cars destined for export. The Senate version required that such cars comply with standards in the country of destination. The House version leaves such controls to the importing country. We have no objection to this change.
The House places ceilings on the authorizations for administrative funds. We do not consider these as limiting the effectiveness of the program.
Both versions of S. 306 contain amendments to the Clean Air Act authorizing enforcement procedures in cases where pollution from the United States endangers the health or welfare of persons in another country. The House amended the Senate version to make this provision applicable only in those cases where there is a reciprocal agreement with the affected country. The subcommittee does not object to this change.
The House added an amendment to the Clean Air Act which permits the Secretary to call a conference where there is a potential interstate pollution problem of substantial significance. The subcommittee was concerned that this provision not be used as an excuse to avoid enforcement in existing cases and that it not be used to interfere in those States where there are established air pollution control enforcement programs.
The Department has reassured us on both points in Mr. Cohen's letter:
We do not intend to administer this provision as a substitute for the abatement procedures now contained in the Clean Air Act. Moreover, we do not intend to apply this provision in situations where the affected States have established their own air pollution control enforcement programs.
Mr. President, these are the differences between the two versions of S. 306 which concerned us.
We are satisfied that the Senate can accept the House version, knowing that we will have improved the Clean Air Act, taken a major step toward the control of automotive exhausts, and started a new program for the control of solid waste disposal. I urge that the Senate concur in the House amendments.
In closing, Mr. President, I want to express my appreciation to my colleagues on the Subcommittee on Air and Water Pollution and to the staffs of the Public Works Committee and the committee members for their contribution to the bill. I want to commend the members of the House committee, and particularly Chairman HARRIS, for the contribution they have made to the improved Federal program for the control and abatement of air pollution.
Mr. President, I move that the Senate concur in the House amendments.
The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from Maine.
The motion was agreed to.