July 27, 1979
Page 21097
UP AMENDMENT NO. 463
Mr. MUSKIE. Mr. President, I have an amendment and I ask for its immediate consideration.
The PRESIDING OFFICER (Mr. MORGAN) . The amendment will be stated.
The assistant legislative clerk read as follows:
The Senator from Maine (Mr. MUSKIE) proposes an unprinted amendment numbered 463:
On page 14, line 9; beginning with the word "Provided" strike out all the language through line 14.
Mr. MUSKIE. Mr. President, this is not a money amendment and it should not take much time.
Mr. President, during full committee markup of H.R. 4394, Senator BELLMON offered language to amend the construction grant portion of the appropriation to the Environmental Protection Agency. Senator BELLMON's language was accepted by the full committee and appears in the bill in italics on page 14, lines 9-14.
Mr. President, I ask unanimous consent that that language be printed in the RECORD at this point.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
$1,500,000,000, to remain available until expended: Provided, That none of the funds provided under this Act shall be used to enforce any regulation issued under the construction grants program which has the effect of retroactively applying project requirements or conditions not in effect at the time the grant for a project is awarded.
Mr. MUSKIE. Mr. President, what Senator BELLMON is concerned about is that after a grant is approved and the project underway, under construction, often EPA imposes new requirements that slow down the project, add to costs, and create problems especially for small towns.
The language as continued in the bill created some problems. So, at Senator BELLMON's request, I contacted EPA, with Senator BELLMON's agreement, and I received a letter from EPA proposing that, administratively, if construction begins within 6 months after a grant is approved, no additional requirements can be added.
I have discussed this matter with Senator BELLMON, and he is satisfied with EPA's commitment as expressed in the letter from Administrator Costle. Therefore, at my request, Senator BELLMON hasagreed to withdraw the language he offered in committee. I have further assured Senator BELLMON that the Subcommittee on Environmental Pollution will review this problem when the Federal Water Pollution Control Act is next reauthorized.
Mr. President, I ask unanimous consent that the letter from EPA and Senator BELLMON's approval of the arrangement be printed in the RECORD at this point.
There being no objection, the material was ordered to be printed in the RECORD as follows:
U.S. ENVIRONMENTAL PROTECTION AGENCY,
Washington, D.C.,
July 26, 1979.
Hon. EDMUND S. MUSKIE,
Subcommittee on Environmental Pollution,
Committee on Environment and Public Works,
U.S. Senate,
Washington, D.C.
DEAR MR. CHAIRMAN: The Senate Appropriations Committee, in the HUD-Independent Agencies Appropriations Bill for FY 1980 (H.R. 4394), included a provision which would retroactively apply project requirements or conditions not in effect at the time the grant assistance for a project is awarded. This prohibition could create severe confusion and disruption in the grants program and we believe that there is an administrative solution to the problem which would avoid a legislative change.
The purpose of the prohibition, as I understand it, is to avoid imposing new requirements which would delay projects that are quite far along in the process. The Agency agrees that delays of this kind must be avoided if the pollution control goals of the Clean Water Act are to be achieved.
We have tried to conform with a similar policy for some time in the grants program. Our experience, however, is that on occasion a serious problem arises which requires immediate attention in all projects in the planning stage. We currently have over 6700 projects in planning and design. A restriction of our ability to change the course of this planning could affect adversely several billion dollars of new construction.
It is also possible that our policy on advanced treatment could be affected by the amendment. We required, in program guidance issued in 1978 and 1979, an intensive review of all grants projects involving treatment more stringent than secondary to ensure that the treatment level would result in substantial water quality improvement. This review resulted from growing concerns within EPA and restrictions placed on the Agency's FY 1979 funds by the Appropriations Committee.
We feel it has already resulted in considerable savings to the communities.
In order to deal with the problem administratively, I will instruct the program that no new requirements are to be applied to a project with Step 3 grant assistance where construction is underway or likely to be underway within six months of the grant award. This approach would give communities an assurance that they can complete arrangements to finance the local share of their projects and move expeditiously through building, local contracting and construction without fear of costly delays from new requirements.
Sincerely yours,
BARBARA BLUM,
(For Douglas M. Costle, Administrator) .
STATEMENT BY SENATOR BELLMON
It is of great concern to me that the construction of sewage waste treatment systems to clean up the nation's waters are being delayed because of retroactive changes in plans and design. The bureaucrats have a poor track record in not recognizing the problems of small communities in complying with the same requirements as cities with much more time and expertise.
Mr. Muskie, the Chairman of the Environmental Pollution Subcommittee of the Senate Committee on Environment and Public Works, has been reassuring in stating that his committee will, during the next authorization of the Federal Water Pollution Control Act, take steps to correct this problem. The Administrator of the Environmental Protection Agency has taken positive action by his directive to the agency that no retroactive design changes will be applicable to the construction grant phase as long as construction is underway within six months of the date of the grant award.
The recommendation by Mr. Muskie to delete the language inserted into the HUD-Independent Agencies Appropriations bill and Mr. Costle's action is reassuring and acceptable to me. Along with others, I will continue to monitor this problem and will recommend further action if that appears necessary. I thank my colleague, the distinguished Senator from Maine, for his attention to this matter.
Mr. MUSKIE. Mr. President, I also assured Senator BELLMON that if the 6-month period proves with experience to be too short, we would look at it again; and when we come to a reauthorization of the Water Quality Act, we will look at it again at that time.
The whole idea is to help problems move forward, avoid the red tape that frustrates small communities especially, and get the job done without adding to costs and slowing down the program.
I think Senator BELLMON's objective was a sound one and we seem to have agreed on a formula that deals with the problem effectively.
Mr. PROXMIRE. Will the Senator yield?
Mr. MUSKIE. Yes.
Mr. PROXMIRE. Mr. President, I recall very vividly that when Senator BELLMON raised this point in the Appropriations Committee I specifically asked if he had discussed it with the Senator from Maine. He said that he had not had a chance to do that but that he would.
I am sure, as the Senator from Maine has said, that this arrangement will meet the objectives of Senator BELLMON.
I understand he has agreed to the withdrawal of his language, which is exactly what the amendment of the Senator from Maine would accomplish.
So I am happy to accept the amendment.
Mr. SCHMITT. Mr. President, there is no objection on our side to it.
Mr. MUSKIE. Mr. President, I yield back the remainder of my time.
Mr. PROXMIRE. I yield back the remainder of my time.
The PRESIDING OFFICER. All time having been yielded back, the question is on agreeing to the amendment of the Senator from Maine.
The amendment (UP No. 463) was agreed to.
Mr. MUSKIE. Mr. President, I move to reconsider the vote by which the amendment was agreed to and I move to lay that motion on the table.