June 9, 1977
Page 18168
Mr. BUMPERS. Mr. President, H.R. 6161, the House-passed version of the Clean Air Act Amendments of 1977, would amend section 111 of the Clean Air Act to define new source performance standards as the best technology system (adequately demonstrated) of continuous emission reduction, taking into consideration the cost of achieving such emission reduction, and any non-air-quality health and environmental impacts and energy requirements.
I understand that this language may have been intended to require EPA to compel the use of scrubbers at all new coal fired powerplants in the United States.
The pending bill, S. 252, does not amend section 111. I would like to make explicit my belief that it is not the intention of the Senate to require that scrubbers be installed universally. While scrubbers may be appropriate at some power plants in some States on certain types of coal, it by no means follows that that will be true in every State in the Union. If a particular technology, other than scrubbers, is appropriate at a particular plant, our bill contemplates that a State could require that other technology under the best available control technology, BACT, provisions, so long as, at a minimum, the plant complies with new source performance standards.
At a time when this Nation faces a national energy crisis, States or regions with abundant low sulfur coal or other low polluting resources should be able to use these resources so long as they meet whatever uniform emission limitations EPA may set. The important point is whether the new source emission limitations are met, not the type of technology used to meet them.
Mr. President, I would like to ask the distinguished Senator from Maine, the manager of the bill, whether he agrees with this position.
Mr. MUSKIE. I agree with the Senator from Arkansas. New source performance standards are set forth as limitations on emissions. The means chosen to achieve those limitations is within the control of the owner of the source.