June 25, 1976
Page 20688
Mr. MUSKIE. Mr. President, earlier this year I expressed concern with the Energy Research and Development Administration's plans to spend $5 million from the environmental research and safety budget for analysis of energy and environmental policy considerations. This activity was described by ERDA as having the objective of analyzing the relationships among the technical, environmental, health, economic, and societal factors in regulations as they might affect energy research development and demonstration policy decisions, or as they might affect commercialization of developed energy systems.
In answers to questions by Senator CHURCH, ERDA's replies suggested that this office might also be used for re-examination of environmental policies and regulations with the intent of proposing or opposing such regulations. I am pleased that the Committee on Interior and Insular Affairs rejected this proposal.
The members of the Interior Committee and its distinguished chairman have made clear in the report that none of the funding requested by ERDA for analysis of energy and environmental policy will be used to second guess the regulatory effort of the Environmental Protection Agency. Such activity would clearly be wasteful of scarce resources in a time of tight budget constraints. It would be inconsistent with the authorizing legislation which established ERDA which does not provide authority to make benefit-risk cost assessments in areas relating to environmental protection standards.
And, finally, it would be counterproductive, introducing confusion and delay into environmental regulation and standard-setting by those agencies which have statutory authority to do so.
Mr. President, the role of ERDA and the constraints thereon are apparently limited by the language of the committee report. I ask unanimous consent that the following paragraphs from page 157 of that report be inserted in the RECORD at this point, in order that the legislative history of the action of the Senate on this bill will specifically reflect that intent.
There being no objection, the excerpts were ordered to be printed in the RECORD, as follows:
Included in the biomedical and environmental research program is $5 million requested by ERDA for analysis of energy and environmental policy considerations. This funding is not to be used by ERDA to become involved in environmental standard-setting and regulations. ERDA is not to interfere with the regulatory functions which EPA is authorized to exercise.
The funds are for the purpose of providing analyses so that ERDA can plan its research program to meet environmental requirements, with primary focus on assuring that new and emerging energy technologies can achieve environmental requirements and objectives. None of these funds shall be used in activities duplicative of EPA's analyses of the environmental, economic, and energy impacts of standards and regulations dealing with energy facilities.
In expending the $5 million for environmental analysis, ERDA shall consult with EPA and shall make all data and information available to EPA on a timely basis to ensure that there is no interference in the orderly development of reasonable environmental regulations by EPA as required by statute.
The legislative history of ERDA makes it clear that ERDA is not authorized to become involved in the development of environmental regulations and standards except as specifically related to ERDA's expenditures. The Committee does not intend to set up a new office for this purpose.
In pursuing its mandate to assess the environmental impacts of new and improved energy resources and technology, ERDA's primary concern must be to ensure that new energy supply systems are environmentally acceptable. This will continue to require a program of basic and applied research and development, and the scientific and technical information developed should certainly be shared with EPA and other interested agencies. However, it is clear that this responsibility does not extend to the area of regulation.
As stated in the exchange of letters between Senators Jackson and Muskie when ERDA was first established, ERDA will continue to have significant responsibilities in developmental research, while regulatory research will remain with EPA. This concept extends to policy analysis as well.