August 3, 1976
Page 25191
Mr. MUSKIE. I am delighted to yield to the Senator from Georgia for a question.
Mr. NUNN. I thank the Senator. Is it not true that, at the present time, EPA has regulations which implement a nondeterioration program?
Mr. MUSKIE. Yes, that is correct.
Mr. NUNN. Is it not also true that if section 6 of the pending bill is struck, these EPA nondeterioration regulations will remain?
Mr. MUSKIE. That would be the situation.
Mr. NUNN. Is it not true that the allowable air quality increments for class I and class II are the same under EPA regulations and under the Senate proposal?
Mr. MUSKIE. Yes.
Mr. NUNN. Furthermore, is it not true that under EPA regulations, any redesignations from the present class II to the stricter class I or the more lenient class III are subject to Federal approval and control?
Mr. MUSKIE. The Senator from Georgia is again correct.
Mr. NUNN. Is it not also true that under the pending bill, such reclassification is left to the discretion of the individual States?
Mr. MUSKIE. That would be the effect of the committee's bill.
Mr. NUNN. It is also my understanding that under EPA regulations, industry may not build in or near a class I area if it cannot meet the class I incremental scheme?
Mr. MUSKIE. Yes, the Senator understands correctly.
Mr. NUNN. Is it not true that under the pending bill, an industry may build near class I area, even if the increments are exceeded, if the State is convinced that this will not impair the air quality values in the class I area?
Mr. MUSKIE. That is also true.
Mr. NUNN. Mr. President, it would then appear to the Senator from Georgia, that, since the incremental standards are the same under both the Senate bill and the EPA regulations, the major difference involves the individual State's ability to better control the decisions involving a balance between clean air and necessary industrial growth. If section 6 is struck, as the Moss amendment would do, we would be left with the EPA regulations which do not allow this increased State participation. I thank the distinguished Senator from Maine.