September 8, 1977
Page 28243
UP AMENDMENT NO. 771
Mr. HASKELL. Mr. President, I have an amendment on behalf of the distinguished Senator from Maine (Mr. MUSKIE) . This amendment I understand has been cleared with the minority, and I send this to the desk and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows :
The Senator from Colorado (Mr. HASKELL) for the Senator from Maine (Mr. MUSKIE) proposes unprinted amendment No. 771.
Mr. HASKELL. I ask unanimous consent that further reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, further reading is dispensed with.
The amendment is as follows:
On page 131, line 14, after the period strike all that follows through page 132, line 7, and insert the following:
"(a) In the event the President declares a severe energy supply interruption, as defined in section 3(8) of the Energy Policy and Conservation Act, as amended, the Administrator may, by order, prohibit an electric power plant or major fuel burning installation using natural gas or petroleum as a primary energy source from so using natural gas or petroleum for the duration of such interruption. Any suspension of emission limitations or other requirements of applicable implementation plans as defined in section 110(d) of the Clean Air Act required by such prohibition shall be issued only in accordance with section 110(f) of the Clean Air Act."
ENERGY EMERGENCY AUTHORITY
Mr. MUSKIE. Mr. President, since the time when S. 977 was reported by the Committee on Energy and Natural Resources, the Clean Air Act Amendments of 1977 have cleared the House-Senate conference and became Public Law 95-95. That law contains a new section 110 (f) of the Clear Air Act providing authority to deal with energy emergencies such as blackouts, natural gas curtailments or oil embargoes. Therefore, an amendment would be appropriate to section 308(a), the emergency powers section of this bill, to bring it into conformity with the Clean Air Act, as amended.
Thus, if the President declares a "severe energy supply interruption" in accordance with the Energy Policy and Conservation Act, then the Administrator of FEA — or the successor — may prohibit use of natural gas or petroleum as a primary energy source by any power plant or major fuel burning installation for the duration of such interruption, just as in the committee bill.
However, if that prohibition makes necessary a suspension of an air quality requirement, the procedures of the Clean Air Act — section 110(f ) — will be used in issuing such a suspension.
Section 110(f) of the Clean Air Act allows the Governor of a State to issue a temporary emergency suspension of any part of the applicable implementation plan for air quality if the President has determined that a national — or regional — energy emergency exists of such severity that the suspension may be necessary. If the emergency appears likely to persist the State has recourse to measures authorized by the Clean Air Act; for example, the issuance of delayed compliance orders or the revision of the State's plan.
I understand that this approach is acceptable to the distinguished floor manager of the bill, and I trust that other Members will agree.
Mr. HASKELL. Mr. President, this amendment is satisfactory to me as the floor manager. It is my understanding it is acceptable to the minority and, therefore, I yield back my time.
Mr. DOMENICI. The minority concurs that the amendment is appropriate, and we have no objection. I yield back our time.
The PRESIDING OFFICER. All time being yielded back, the question is on agreeing to the amendment of the Senator from Maine.
The amendment was agreed to.
UP AMENDMENT NO. 772
Mr. HASKELL. Mr. President, I again send another amendment to the desk on behalf of Mr. MUSKIE.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Colorado (Mr. HASKELL , for the Senator from Maine (Mr.MUSKIE proposes unprinted amendment No. 772.
Mr. HASKELL. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
On page 63, line 14, strike "or" and insert after the word "State" the following: 'or local".
On page 63, line 22, insert a period before the colon and strike all through page 64, line
5.
At the appropriate place in Title III, insert the following new section:
"Sec. . No temporary exception or permanent exemption shall be granted pursuant to sections 105(a) (2) (A) , 106(a) (1) (A), 206(a) (1) (B), and 207(a) (1) of this Act if the Administrator determines that such exception or exemption would be required because of the adoption of a local government standard, limitation or requirement applicable to environmental pollutants or disposal of solid waste or residues resulting from the combination of coal or other fuels or the operation of air pollution control equipment."
Mr. MUSKIE. Mr. President, I would like to seek clarification of some of the provisions of S. 977 as they relate to environmental requirements. If a locality has adopted a requirement for sources which is more stringent than Federal or State requirements or adopted a more stringent air quality standard, it is the intent of S. 977 that such requirements must be met by any facility affected by this bill; is that correct?
Mr. HASKELL. That is correct. Local requirements are not preempted under this legislation. However, a source may not get an exemption from the requirement to burn coal as a result of local environmental requirements. The owner has the choice of using fuel other than petroleum or natural gas and meeting the standard or moving to a different site. The source does not have the choice of seeking an exemption which would allow the use of oil or natural gas.
Mr. MUSKIE. So the intent of sections103 and 104 is not to preempt local requirements. The intent is to disallow an exemption under sections 105, 106, 206, and 207 to be based on such local requirements. Therefore, if a source could not burn coal and meet local standards, the facility would have to be moved to a site where all standards and requirements could be met. The source could not argue that the definition on page 63 preempted the local requirements and only left the Federal and State requirements as binding on the source.
Mr. HASKELL. That is correct.
Mr. MUSKIE. In order to clarify the question, I understand the committee intends to accept a technical amendment which carries out the discussion of intent we have just concluded. Is that correct?
Mr. HASKELL. That is correct.
The Clean Air Act presently sets forth certain Federal requirements. The State then must establish standards which have to be federally approved.
And under some State laws, like New York and California, local governments can establish standards, but they have to be approved by the State.
Under State law the local requirement in effect becomes a part of the State standards as they pertain to that area.
For example, a local government may undertake to set standards that are in conflict with, whether higher or lower, than State law. The procedure is for the local government to submit their proposal to the State agency. After appropriate hearings and findings, then the State agency in effect can make the local ordinance a part of State law. Such actions by local government would not be excluded.
Under S. 977 before an air pollution requirement can be considered in an applicable environmental requirement it must be contained in the State implementation plan which has been federally approved pursuant to the Clean Air Act. To the extent that local requirements are contained in that plan, they are considered applicable environmental requirements.
But to the extent that local requirements are not contained in the State plan or have not been approved by the State government, they do not fall within the definition.
Therefore, other local restrictions would not be grounds for a waiver except in the discretion of the administration under sections 106(c) and 207(c). If no waiver were granted, then the local restriction would result in a prohibition of construction of any power plant.
Mr. President, this amendment has been examined by myself and found satisfactory. It is my understanding it has been examined by the minority and found satisfactory.
Mr. DOMENICI. We have no objection. I yield back our time.
Mr. HASKELL. I yield back the remainder of my time and request that the amendment be adopted.
The PRESIDING OFFICER. All time being yielded back, the question is on agreeing to the amendment of the Senator from Maine.
The amendment was agreed to.