August 4, 1976
Page 25576
Mr. BUCKLEY. Mr. President, I support adoption of the amendment offered by our colleague from South Carolina (Mr. THURMOND). He has focused on an important issue, one that the committee sought to ameliorate by adoption of section 11 of this bill. But I think this amendment will also be helpful.
The Senator from South Carolina was kind enough to share with me a letter from EPA Administrator Train. In the letter, Mr. Train makes this statement:
The agency would permit the location of major new and expanded facilities only to the extent that the resulting emissions do not exacerbate current violations of the primary national ambient air quality standards and do not interfere with making reasonable progress toward the timely attainment of those standards.
That flexibility is granted under existing law by section 110(a) (4), which prohibits "the construction or modification" of a source if the State determines the existence of the source will "prevent the attainment of maintenance" of an air quality standard.
There has been much discussion of whether the new provision in the bill adding a new subsection (g) to section 113, overrides section 110(a) (4). It is my belief and understanding that the new subsection (g) in no way overturns the latitude available under section 110 (a) (4) . It is my understanding that the floor manager (Mr. MUSKIE) shares my interpretation on this continuing latitude.
That is the present law, and that will continue to be the law under this bill. It is a procedure that eliminates the need for unwise schemes such as the creation of so-called pollution credits that could be bought or sold.
For these reasons, I urge adoption of the Thurmond amendment.
Mr. MUSKIE. Mr. President, I concur in the position taken by my good friend from New York (Mr. BUCKLEY). I think this is a most appropriate subject for study by the Commission. I am happy to support the amendment.
Mr. THURMOND. I thank the Senator very much.
The PRESIDING OFFICER. Is all time yielded back on the amendment?
Mr. MUSKIE. Yes.
The PRESIDING OFFICER. All time is yielded back.
Mr. MORGAN. Mr. President, will the Senator from South Carolina yield for a question or so on this amendment?
Mr. THURMOND. I am pleased to yield.
Mr. MORGAN. I am sorry I was not able to hear all of the explanation. But does the amendment call for a study?
Mr. THURMOND. The purpose of the amendment is to expand the charter of the national Commission on Air Quality created in this bill to specifically require a study of the most desirable means of permitting continued economic growth in air quality control regions where the national ambient air quality standards for any pollutant regulated under the Clean Air Act is being exceeded.
Mr. MORGAN. Mr. President, will the Senator from New York yield for a question on this matter?
Mr. BUCKLEY. I yield.
Mr. MORGAN. Here again I was not able to hear very well. But did I understand that the Senator's comments related to some extent to the question of nonattainment regulated by section 11?
Mr. BUCKLEY. That is correct.
Mr. MORGAN. Will the Senator enlighten me in just a word as to his thought on this particular subject?
Mr. THURMOND. Mr. President, if the Senator will yield, I shall explain it a little more if he wishes me to do it.
Mr. BUCKLEY. I yield.
Mr. THURMOND. In response to the question of the able Senator from North Carolina, I might say I think it is apparent that it is in the public interest to move first to hasten the achievement of a healthful level of air quality as promptly and as reasonably possible, and, second, allow job creating economic growth to continue at a desirable level which does not undermine the attainment of the objectives of the Clean Air Act. While it is true that these two goals will at some point likely conflict with each other, that does not mean that a desirable balance between them cannot and should not be achieved.
My amendment would direct the National Commission on Air Quality to address this issue in its studies and provide recommendations to Congress for constructively dealing with it.
Mr. MORGAN. Mr. President, I have an amendment at the desk which I propose to call up sometime tomorrow primarily for discussion and for the purpose of carrying on a colloquy with colleagues, and I thought maybe there was some relation between them, and I think perhaps there still is. But as I understand the previous order already entered we go back at the hour of 2 p.m. to the tax reform bill.
The PRESIDING OFFICER. That is correct.
Mr. MORGAN. As I understand it, also, there is no objection by the floor leader to the amendment of the Senator from South Carolina?
Mr. MUSKIE. None whatsoever.
Mr. BUCKLEY. I have none.
Mr. MORGAN. Then I will simply delay calling up my amendment until tomorrow when we shall have more time to talk about the problem in which I am involved.
Mr. MUSKIE. I look forward to that discussion, I say to the Senator:
Mr. BUCKLEY. I think, Mr. President, it will be a useful discussion to further clarify the interrelationship of section 11 of the bill and section 110(a) (4) of the act.
The PRESIDING OFFICER. Do all Senators yield back their time?
Mr. MUSKIE. I yield back my remaining time.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment was agreed to.
AMENDMENT NO. 2088
Mr. MUSKIE. Mr. President, at the request of my good friend from Hawaii, Senator INOUYE, I call up his amendment No. 2088.
The PRESIDING OFFICER. The amendment will be stated.
The legislative clerk read as follows:
The Senator from Maine (Mr. MUSKIE), for the Senator from Hawaii (Mr. INOUYE), proposes amendment No. 2088.
The amendment is as follows:
On page 77, line 6, insert "(a)" immediately following "SEC. 33.".
On page 79, after line 13, insert the following new subsection:
"(b) Section 302(d) of the Clean Air Act is amended—
"(1) by striking out the word 'and' immediately preceding 'American Samoa';
"(2) by striking the period immediately following 'American Samoa' and inserting in lieu thereof ', and the Trust Territory of the Pacific Islands.' ".
Mr. MUSKIE. Mr. President, this amendment will add the Trust Territory of the Pacific Islands to the definition of "State" under the Clean Air Act. The effect would be to make that area subject to all the requirements of the Clean Air Act.
I call up the amendment at the request of the Senator from Hawaii who could not be here, and urge the Senate to approve the amendment.
Mr. BUCKLEY. Mr. President, I have no objection whatever to that proposal. It seems to be a reasonable extension of specific authority.
The PRESIDING OFFICER. Do Senators yield back their time?
Mr. MUSKIE. Yes.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment was agreed to.
UP AMENDMENT NO. 304
Mr. MUSKIE. Mr. President, I offer a technical amendment.
The PRESIDING OFFICER. The amendment will be stated.
The legislative clerk read as follows:
The Senator from. Maine (Mr. MUSKIE) proposes a technical amendment, unprinted amendment No. 304.
The amendment is as follows:
At the end thereof, add the following new section:
"Sec. 42. This Act may be cited as the 'Clean Air Amendments of 1976:".
Mr. MUSKIE. I yield back my time.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment was agreed to.