May 18, 1965
PAGE 10782
PASSAGE OF S. 306, CLEAN AIR ACT AMENDMENTS OF 1965.
Mr. MUSKIE. Mr. President, on December 17, 1963, President Johnson signed into law the Clean Air Act which replaced previous Federal legislation in the air pollution field and provided the groundwork for the initiation of a comprehensive national program for the prevention and control of air pollution.
We recognized at the time that the Clean Air Act provided an excellent vehicle for our efforts to control and abate air pollution. We also recognized that further legislative action would probably be necessary to bolster certain portions of the act.
The additional legislative needs were brought into focus during our field and technical hearings which were conducted during the first part of 1964. I believe our subcommittee report, "Steps Toward Clean Air," provides an excellent justification for the legislative proposals contained in S. 306, which is before us today.
On January 7, 1965, 21 Senators introduced S. 306, which was designed to implement the recommendations contained in the subcommittee report. We held hearings in Washington, D.C., on April 6, 8, and 9, and in Detroit, Mich., on April 7. While in Detroit, we inspected the research and testing facilities of the major automotive manufacturers to determine the progress being made in the development of techniques to control harmful emissions from gasoline-powered motor vehicles.
On May 14, 1965, S. 306, now sponsored by 24 Senators, was reported with the unanimous approval of the Senate Committee on Public Works. The committee amended the legislation to reflect the findings of the subcommittee in the course of its hearings and field investigation.
We believe S. 306 represents a substantial advance in our efforts to improve the quality of our air. We believe the bill, as reported by the Committee on Public Works, is substantially improved over the version as introduced. It is an effective bill and it is a reasonable bill. We urge its passage by the Senate.
S. 306 represents a broad attack on the problems of air pollution. Its principal objectives are as follows:
The purpose of title I of S. 306 is to:
First. Provide for recommended motor vehicle exhaust emission standards by the Automotive Vehicle and Fuel Pollution Technical Committee and, by regulations, for the establishment of standards, requirements, or limitations on emissions from new motor vehicles or new motor vehicle engines and devices or motor vehicle design not later than September 1, 1967. Such regulations may be amended and become effective on date to be specified. "Motor vehicle" is defined as any gasoline-powered, self-propelled vehicle designed for transporting persons or property on a street or highway. "New motor vehicle" is defined as a motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.
Second. Provide for the prohibition of distribution in commerce the manufacture for sale, the sale, or the offering for sale, introduction, or delivery for introduction into commerce, or the importation into the United States for sale or resale, of any new motor vehicle or new motor vehicle engine manufactured after the effective date of regulation unless it is in conformity with such regulations. It is also required that such vehicles or engines offered for importation must meet prescribed regulations. A procedure is prescribed for inspection of plant and facilities and for records and reports to be maintained by manufacturers. Certain new motor vehicles or new motor vehicle engines may be exempt from prohibitions.
Third. Provide for the development of standards for allowable emissions from diesel-powered vehicles, and for recommendations to be made to Congress by January 31, 1967, for possible legislation to regulate discharge of pollutants.
Fourth. Provide for enforcement procedures for the abatement of air pollution adversely affecting a foreign country.
Fifth. Authorize the conduct and acceleration of research programs relating to means of controlling hydrocarbon emissions resulting from the evaporation of gasoline in carburetors and fuel tanks, and the means of controlling emissions of oxides of nitrogen and aldehydes from gasoline-powered or diesel-powered vehicles and low cost means of reducing sulfur oxide emissions from the burning of fossil fuels. Add representatives of diesel-powered industry to Automotive Vehicle and Fuel Pollution Committee of the Clean Air Act.
Sixth. Authorize the construction of a Federal Air Pollution Control Laboratory.
The purpose of title II of S. 306 is to:
First. Authorize the initiation and acceleration of a national research and development program for new and improved methods of proper and economic solid waste disposal, reducing the amount of waste and unsalvageable materials, and recovering and utilizing potential sources of solid waste, and provide technical and financial assistance to State and local governments, and interstate agencies in planning, developing, construction, and conduct of solid waste disposal programs.
Second. Provide that not to exceed 25 percent of funds appropriated for this purpose may be made for grants-in-aid, or to contract with, public or private agencies and institutions, and to individuals for research and training.
Third. Authorize grants to State, municipality, or inter municipal, or interstate agency for the purpose of assisting in the development of any project which will demonstrate a new or improved method of disposing of solid waste. Up to two-thirds of the cost of any project approved may be paid from funds appropriated. No more than 12½ percent of appropriations authorized and amended for projects may be made in any one State. Grantee must have appropriate ordinances or regulations prohibiting open burning of solid wastes and provide for enforcement action to insure that beneficial results will occur. Also, assurances must be given that proper and efficient operation and maintenance of facility for which funds have been provided. All of the information, copyrights, uses, processes, patents, and other developments resulting from activity financed with Federal funds will be made available to the general public.
Fourth. Encourage cooperative activities by States and local governments in connection with solid waste disposal programs, encourage planning, and encourage the enactment of improved, and, so far as practicable, uniform State and local laws governing solid waste disposal.
Fifth. Authorize up to 10 percent of funds available for the solid waste disposal program to be used in connection with the grants for support of air pollution control programs of the Clean Air Act. Grants would be made in an amount of up to two-thirds of the cost of making surveys of solid waste disposal practices and problems within the jurisdictional areas of appropriate agencies, and development of solid waste disposal plans. Assurances must be given that the planning of solid waste disposal will be coordinated with other related State, interstate, regional, and local planning activities, including those financed in part with funds pursuant to section 701 of the Housing Act of 1954.
Sixth. Insure compliance with provisions of the Davis-Bacon Act for a project constructed under this act.
Seventh. Authorize to be appropriated $20 million for fiscal year ending June 30, 1966, and fiscal year ending June 30, 1967, for the solid waste disposal program and section 104(d) of the Clean Air Act.
I want to emphasize the importance of the automotive pollution exhaust control provisions of the bill. In all our hearings and investigations of this problem we have been confronted by the fact that 50 percent of our national air pollution problem is attributable to the 84 million automobiles, trucks, and buses on our highways. Each day these vehicles discharge into the air an estimated 250,000 tons of carbon monoxide, 16,500 to 33,000 tons of hydrocarbons and 4,000 to 12,000 tons of nitrogen oxides. We cannot afford to allow this rate of pollution to continue.
There is a demonstrated need for nationwide controls on exhaust emissions. The automotive industry has advised us that they can meet the California standards for nationwide distribution by the fall of 1967 and that the cost of the necessary engine and exhaust system modifications is modest.
The committee considers the problem of diesel exhausts a serious one, but it is clear from the information available to us that it would be impossible for us to establish diesel exhaust emission controls with existing technological knowledge. The legislation directs the Secretary of Health, Education, and Welfare to develop diesel exhaust criteria as a preliminary step to possible controls on these emissions.
Another area where action must be deferred is that involving exhaust emission inspections for private vehicles. The Secretary is directed to report to the Congress on the development of simple and effective test devices which would be adaptable to a State-operated inspection program.
The committee is very much concerned with the magnitude of the solid waste disposal problem. Each day our Nation must dispose of 520 million pounds of refuse which must be removed or disposed of either through burning, burial, or conversion into forms of organic matter for final disposition, or put to useful purposes. The modest research and development program included in S. 306 will enable us to find economic and effective ways of dealing with these byproducts of our society.
Mr. President, we recognize that we are just beginning in our attack on air pollution. But we can take some comfort that we are moving earlier on this problem than we did on water pollution. I have been encouraged by response to our efforts. I have been pleased by the constructive attitude shown by industrialists. I think Americans are responding to President Johnson's call for an improvement in the quality of American life.
At this time, Mr. President, I want to express my appreciation to the chairman of the Public Works Committee [Mr. McNamara] for his leadership and understanding and to the members of the Subcommittee on Air and Water Pollution and the full committee for their cooperation and assistance. I think we have done a constructive job for the Senate and for the Nation. I urge the passage of S. 306.
Mr. MANSFIELD. Mr. President, I ask Unanimous consent to have printed in the RECORD an excerpt from the report (No. 192) explaining the purposes of the bill. I understand that the bill was reported by the committee unanimously.
There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:
PURPOSE
The purpose of title I of S. 306 is to
(1) Provide for recommended motor vehicle exhaust emission standards by the Automotive Vehicle and Fuel Pollution Technical Committee and, by regulations, for the establishment of standards, requirements, or limitations on emissions from new motor vehicles or new motor vehicle engines and devices or motor vehicle design not later than September 1, 1967. Such regulations may be amended and become effective on date to be specified. "Motor vehicle" is defined as any gasoline-powered, self-propelled vehicle designed for transporting persons or property on a street or highway. "New motor vehicle" is defined as a motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.
(2) Provide for the prohibition of distribution in commerce, the manufacture for sale, the sale, or the offering for sale, introduction, or delivery for introduction into commerce, or the importation into the United States for sale or resale, of any new motor vehicle or new motor vehicle engine manufactured after the effective date of regulation unless it is in conformity with such regulations. It is also required that such vehicles or engines offered for importation must meet prescribed regulations. A procedure is prescribed for inspection of plant and facilities and for records and reports to be maintained by manufacturers. Certain new motor vehicles or new motor vehicle engines may be exempt from prohibitions.
(3) Provide for the development of standards for allowable emissions from diesel powered vehicles, and for recommendations to be made to Congress by January 31, 1967, for possible legislation to regulate discharge of pollutants.
(4) Provide for enforcement procedures for the abatement of air pollution adversely affecting a foreign country.
(5) Authorize the conduct and acceleration of research programs relating to means of controlling hydrocarbon emissions resulting from the evaporation of gasoline in carburetors and fuel tanks, and the means of controlling emissions of oxides of nitrogen and aldehydes from gasoline-powered or diesel-powered vehicles and low cost means of reducing sulfur oxide emissions from the burning of fossil fuels. Add representatives of diesel-powered industry to Automotive vehicle and Fuel Pollution Committee of the clean Air Act.
(6) Authorize the construction of a Federal Air Pollution Control Laboratory.
The purpose of title ii of S. 306 is to
1. Authorize the initiation and acceleration of a national research and development program for new and improved methods of proper and economic solid waste disposal, reducing the amount of waste and unsalvageable material and recovering and utilizing potential sources of solid waste, and provide technical and financial assistance to State and local governments and interstate agencies in planning, developing, construction, and conduct of solid waste disposal programs.
2. Provide that not to exceed 25 percent of funds appropriated for this purpose may be made for grants-in-aid, or to contract with, public or private agencies and institutions and to individuals for research and training.
3. Authorize grants to State, municipality, or inter municipal or interstate agency for the purpose of assisting in the development of any project which will demonstrate a new or improved method of disposing of solid waste. Up to two-thirds of the cost of any project approved may be paid from funds appropriated. No more than 12½ percent of appropriations authorized and amended for projects may be made in any one State. Grantee must have appropriate ordinances or regulations prohibiting open burning of solid wastes and provide for enforcement action to insure that beneficial results will occur. Also, assurances must be given that proper and efficient operation and maintenance of facility for which funds have been provided. All of the information, copyrights, uses, processes, patents, and other developments resulting from activity financed with Federal funds will be made available to the general public.
4. Encourage cooperative activities by States and local governments in connection with solid waste disposal programs, encourage planning, and encourage the enactment of improved, and, so far as practicable, uniform State and local laws governing solid waste disposal.
5. Authorize up to 10 percent of funds available for the solid waste disposal program to be used in connection with the grants for support of air pollution control programs of the Clean Air Act. Grants would be made in an amount of up to two-thirds of the cost of making surveys of solid waste disposal practices and problems within the jurisdictional areas of appropriate agencies, and development of solid waste disposal plans. Assurances must be given that the planning of solid waste disposal will be coordinated with other related State, interstate, regional, and local planning activities, including those financed in part with funds pursuant to section 701 of the Housing Act of 1954.
6. Insure compliance with provisions of the Davis-Bacon Act for a project constructed under this act.
7. Authorize to be appropriated $20 million for fiscal year ending June 30, 1966, and fiscal year ending June 30, 1967, for the solid waste disposal program and section 104(d) of the Clean Air Act.
The VICE PRESIDENT. The question is on agreeing to the committee amendment.
The amendment was agreed to.
The bill was ordered to be engrossed for a third reading, was read the third time, and passed.
Mr. MANSFiELD. Mr. President, I move that the Senate reconsider the vote by which the bill was passed.
Mr. BOGGS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.