June 10, 1977
Page 18468
Mr. BARTLETT. This amendment merely allows the States to subdivide and reclassify regions down to any size that still allows for efficient and effective air quality management. The report accompanying S. 252 indicates that the committee desired to allow the States some flexibility in determining the size of air quality control regions — but the report says that such regions should not be smaller than counties. I have reservations about this procedure for three reasons: First, there is no such language in the legislation itself — and I believe there should be; second, I believe that, especially in the West where counties are often very large, the State should be allowed to designate regions smaller than that size if they deem it appropriate; and third, I believe further that States ought to be allowed the flexibility to be able to isolate highly polluted regions. This way clean areas around such polluted areas would not have to be treated in the same manner as the dirty areas.
Mr. President, allowing such flexibility seems to me the essence of common sense and to be in line with the committee's desire to allow as much State discretion as possible.
Mr. President, the report has language in it very similar to this but speaks of classifying regions under this subsection where adequate air quality information exists to smaller regions that would be as small as counties.
I would like to point out that in the desire to make the regions smaller in many cases, which I support, county lines may not offer the delineation of the area that is desired. It might be a part of a county, particularly in the Western part of the United States where the counties are large or in any part of the country it might be a part of two counties, but not include all of either one.
So I offer this amendment for the purpose of taking language in the report which, I think, is very important, and changing it slightly, and making it a part of the law.
I yield to the Senator from New Mexico.
Mr. DOMENICI Mr. President, I rise again to commend the Senator from Oklahoma for this amendment. I think he has properly stated that it is the committee intent, as expressed in the report, that the areas be as workable as possible. But since there is a problem I think it is more appropriate that we put it in the language of the law that we permit these particular areas to be modified, be made so that they are relevant to the monitoring that is taking place.
I believe that is the Senator's goal. They might be now or they might not be. He may know examples where he thinks they are not. There may be areas where they are. But what the Senator is saying is it will be permissive to break down these air sheds into as small as needed for the measuring to be relevant and for the impact of the pollution to be properly measured and also determined relevant to the area being protected, and I commend him for it and I hope the committee managers will accept the amendment.
Mr. BARTLETT. I thank the distinguished Senator from New Mexico, and I wish to thank him and his staff for the preparation of this amendment.
I yield to the Senator from Vermont.
Mr. STAFFORD. I appreciate the Senator from Oklahoma yielding.
On behalf of the minority, I think with the entire committee, I am in a position to say that having examined the Senator's amendment, as amended, we believe it adds to the committee bill, and the committee is prepared to accept the amendment.
Mr. BARTLETT. Mr. President, I am prepared to yield back my time.
The PRESIDING OFFICER. Is all time yielded back?
Mr. MUSKIE. Mr. President, if I may just say, I am willing to accept the amendment which I find consistent with the following language in the report, and I read it:
Where adequate information is available, the States may divide regions into various portions which fall into different categories. Generally, this subdivision of regions should not be on the basis of jurisdictions smaller than counties. Any subdivision of regions is subject to the administrator's review.
The language of the Bartlett amendment has been reworked to more specifically and effectively apply to his problem. I find it acceptable and am willing to do so.
Mr. BARTLETT. I thank the distinguished Senator from Maine.
I yield back the remainder of my time.
Mr. MUSKIE. I yield back the remainder of my time.
The PRESIDING OFFICER. Is all time yielded back?
All time being yielded back, the question is on agreeing to the amendment.
The amendment was agreed to.