CONGRESSIONAL RESEARCH SERVICE LIBRARY OF CONGRESS N0 E’..€.73NC§ER §’_§.3..(3 I’ 53 iR.'§"3:’ {'3 ii, i 5%.} 3. E RA RY .Xj‘.!'.':l".‘$|§i‘\l“!'§P1.>’I 3 .U'l:. nun-A319... A Issue Brief '_ W 1' V; rg‘ jg I-:11 >2..:-V.‘ yflnz?‘ , : z-:'.'.X:;, ~f«v.x-:1’ E‘! _L g \ 1 am:/.4 )3. .. :4 ‘J -rm» 3»: v.-J . 1:; vi .,»'-v -. ‘-‘.’~;- “' .r.;:',",'.'-;~ . \ _. ti 3 r » " « ‘ " ,“‘z‘« 2: ii 1 r ‘ ” ‘ . ./.¢ ii xv. ‘<~;..'.'V it 61 NOV 1’? 1989 J ENVIRONHENTAL PROTECTION AGENCY PROGRAMS: CONGRESSIONAL ACTIONS ISSUE BRIEF NUMBER IB79105 AUTHOR: Blodgett, John Environment and Natural Resources Policy Division .—« THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE HAJOR ISSUES SYSTEM DATE ORIGINATED gggggg A954 7 DATE UPDATED 11 8 ‘ON? FOR ADDITIONAL INFORMATION CALL 287-5700 1105 CRS- 1 IB79105 UPDATE-11/O4/80 ISSUE DEFINITION The environmental protection activities of the 96th Congress have been. dominated by three issues: reauthorizations, oversight ,of regulations and their impacts on energy and the economy, and hazardous substances. (1) Authorizations for several statutes expire during the 96th Congress, including the Toxic Substances Control Act; the Federal Insecticide, Fungicide, and Rodenticide Act; the Safe Drinking water Act; the Marine Protection, Research and Sanctuaries Act; certain provisions of the Federal water Pollution Control Act; and the Solid Waste Disposal Act. Also, environmental research and development is authorized annually. The reauthorization bills have been moving rather slowly, and only‘ reauthorizations of the SDWA, Title II of HPRSA, and environmental R8D (FY80) ,have been enacted. (2) Environmental regulation oversight has concerned both the impacts of regulations, particularly on the economy and on energy supplies, and the adequacy of enforcement. For example, the Senate Subcommittee on Environmental Pollution has held hearings on the White House Regulatory Review of Environmental Regulations and on the cooperation of the Environmental Protection Agency and the Department of Justice in enforcement. Regarding the environment as it relates to energy issues, the most imminent issue has concerned the environmental implications of various energy "fast track" bills (S. 1308 and H.R. 4985) designed to speed up (or, in some cases, even waive) environmental reviews and permitting processes of proposed energy ‘ojects. Since the House rejected the conference report on S. 1308, this -egislation appears dead for this year. (3) A number of bills have been introduced on the issue of oil spill/hazardous substances spill liability and. compensation, and on the clean-up of abandoned waste sites containing hazardous materials. The House has passed H.R. 85 (oil and hazardous substances spills), H.R. 7020 (hazardous wastes containment), and H.R. 5338 (compensation for the Campeche oil spill). In the Senate, 5. 1080, a comprehensive "superfund“ bill, has been reported by the Environment and Public Works Committee but has been held up pending questions of jurisdiction of the Finance and Commerce Committees. Finally, EPA's FY80 budget authorization (H.R. 4390) was signed into law (P.L. 96-103) on Nov. 5, 1979. Supplemental appropriations for FY80 (H.R. 7542) became law on July 8, 1980 (P.L. 96-304). EPA's FY81 authorization bill, H.R. 7631, is now in conference. on Aug. 2, 1979, the President delivered to the Congress his second "American Environmental Policy" message (H.Doc. No. 96-174). A major theme of the message concerned the energy/environment relationship; the President noted that he is "pledged to be sensitive both to energy needs and to environmental considerations," but he also said, "we will not lose sight of our other goals but we must not fail. in ending the energy crisis." He proposed a series of new initiatives in land and resource management, agricultural conservation, urban quality, and improving the global environment. IU1 lit’ in IN ICD I50 IO Id 2 U III’ 2 "O 0 Ir‘ ll-I I0 IN IN I2 If-'3' It" 0'4 U) ll-I WI QLL AEQ HAZARDOUS 5!B5TéN§§§- EQLLQIIQE- L A - --__----_- - ..- - ..§ 1 - EX. £32. QQ!2§E§AIlQ§ gggggggzggpglq To promote the timely cleanup of oi spills and to compensate the victims of oil pollution adequately, a number of Federal and State cns- 2 1379105 UPDATE-11/Ofl/80 programs have been established. No single statute, however, covers all situations in an equitable fashion. 'The 95th Congress took up comprehensive_ oil pollution liability and compensation bills, but the bills died ty- adjournment because of controversies over whether to incorporate hazardous substances spill provisions with oil spills. The Campeche oil spill in the Gulf of Mexico has intensified interest in this issue. In this Congress, action continues on bills to provide Federal authorities to define liability and to establish funds for cleanup and for compensation of victims of oil spills:”hazardous“substances spill 7“and’other" sourcesr‘of pollution of the environment, such as abandoned waste sites. In the House, these proposals tend to be divided among several committees and bills. The House Merchant Marine and Fisheries Committee reported H.R. 85 (H.Rept. 96-172, Part I) in May 1979. It dealt with the liability for and - cleanup of oil spills only. Referred to the House Public works Committee, it was reported (H.Rept. 96-712, Part II), on May 16, 1980, with an amendment adding hazardous substances spills. Subsequently referred to the House Ways, and Means Committee for consideration of the revenue-generating aspects, it was reported for the third time on June 20, 1980 (H.Rept. 96-172, Part III). he House passed H.R. 85 on Sept. 19, 1980. Also, the House Public works Committee reported H.R. 5338 (H.Rept. 96-956), authorizing $80 million for compensation of damages resulting from the Campeche oil spill. H.R. 5338 passed the House June 16, 1980. Meanwhile, H.R. 7020, concerning hazardous substances released from abandoned landfills, passed the House on Sept. 23, 1980. See the section entitled §g;;p_gg§gg§, below. I For further information on oil spill issues, see the following issue briefs: IB7701u -- Oil Spills in the Marine Environment: IB78080 -— Oil Spill Liability and Compensation; and archived IB79251 -- Mexican Oil Spill. For further information on hazardous substances spills into water, see IB77071 - Toxic Contaminants in Water. For further information on abandoned landfill cleanup and compensation, see IB79088 - Environmental Protection: Hazardous wastes. For further information on the general issue of contamination and compensation, see IB77019 - Toxic Substances Contamination: Compensation Issues. TQ§;g_§Q§§T§§Q§§_;§_ T§§_ EQEIQQQMEET; Authorizations under the Toxic Substances Control Act (TSCA) expired at the end of FY79. In considering reauthorization, Congress has closely reviewed EPA's implementation of TSCA, as many of its proposed rules have been delayed and are proving highly controversial. Numerous reauthorization/oversight hearings have been held. In the first session, bills for reauthorizations were reported in the House (H.R. 2606) and passed in the Senate (5. 1147, a 3-year reauthorization), but no further action occurred. The House Committee on Interstate and Foreign Commerce has reported a new bill, H.R. 7126 (H.Rept. 96-968), which exte 5 TSCA authorizations for FY81 and 82 and also provides $2 million for an EPA-Office of Technology Assessment study of compensation issues. In addition, pollution incidents (e.g., the polybrominated biphenyl contamination (PCB) incident in Michigan: Love Canal at Niagara Falls, N.Y.; C33. 3 11379105 UPDATE-11/Oil/80 and the so-called Valley of the Drums in Kentucky) have been generating ‘oposals for Federal programs to assist and to compensate victims of pollution episodes.~ Legislation on compensating pollution victims died in-~ the 95th Congress and has been reintroduced this year._ A major liability and compensation issue has been whether to combine (as in the Administration bill) or to separate oil and hazardous substances in "superfund" proposals.-' Whether to treat abandoned hazardous waste sites separately is also an issue.5 For further information,\see IB77019 - Superfund. Disclosures of instances in which corporate officials remained silent after they were informed of company practices causing environmental contamination have led to the introduction of legislation, H.R. 0973. This measure would impose criminal penalties on corporate officials who knowingly conceal from the Government information that may show that exposure to or use of a company product may pose an environmental or health hazard. Finally, whether the export of goods hazardous to health tshould be restricted has become an issue. Hearings have been held on H.R. 6587. In a related area, legislation (5. 1658) was enacted (P.L. 96-270) to provide technical assistance and loans for the mitigation of asbsestos hazards in schools. For further information on these issues, see the following issue briefs: IB75051 -- frhe Toxic Substances Control Act: Implementation: and IB78050 -- The Toxic Substances Control Act: Testing Issues. §§§T;§IQ§§; The Federal Insecticide, Fungicide, and Rodenticide Act was amended in 1978 (P.L. 95-396) in an attempt to resolve several controversial provisions impeding the implementation process. At that time, authorizations were extended only through FY79. Oversight hearings of BPA's implementation of its pesticide program were held in late April 1979 by both the House Subcommittee on Oversight and Investigations and the Senate Subcommittee on Agricultural Research and General Legislation. On May 22, 1979, the Senate approved S. \717, a simple 1-year extension through 1980 of FIFRA's authorizations; the $62,250,000 authorization included $9,700,000 for. research. The House Agriculture Committee approved a 1-year extension on May 3, 1979 (H.R. 3546) for $60,250,000, which also included research funding and contained an additional $6 million for EPA's 50% cost-sharing of States‘ pesticide applicator training and certification program. The House Committee also adopted three other amendments providing for (a) the use of the pesticide mirex for fire-ant control in the next two years; (b) a congressional veto of EPA pesticide regulations; and (c) termination of FIFRA's authorizations on Sept. 30, 1985. Because conferees were unable to come to agreement on the one-house veto of FIFRA regulations, the conference was adjourned, thus ending, for the present, action on the authorization bill. Funding for EPA's pesticides program continues under the Agency's FY80 appropriations bill, however. Bills authorizing funds for FIFRA for FY81 were reported in May 1980. The Senate Committee on Agriculture and Forestry reported 5. 2587, authorizing funds for FY81‘ (S.Rept. 96-760). The House Committee on Agriculture reported H.R. 7018, authorizing funds for FY81 .Rept. 96-1020). After the bill was amended to include a congressional veto provision, it was passed by the House on» July 24, 1980. The Senate passed H.R. 7018, amended, on July 24. A conference committee approved H.R. 7018 on Sept. 30, 1980. In addition, several of EPA's regulatory decisions have been highly controversial --particularly the suspension of many uses of the herbicide cns- 4 " 1379105 UPDATE-11/On/80 2,u,5-T. one result has been the introduction of legislation to require a National Academy of Sciences review of EPA's policies on evaluating carcinogenicity and other hazards of pesticides (H.R. 2982). For furt r information on this issue, see the following issue briefs: IB7707n -- Pesticides: An Overview; IB76062 --Kepone Pollution:- Summary _Review (now _ archived). EEZLBQE!§!2AL.§§§§AE§§_A!Q-QE!§LQBQEHI=. Environmental R30 Cnndncted bY EPA is annually authorized separately from the Agency's other authorities.’ Similarly, various R8D programs may also be addressed specifically, such as environmental monitoring. Legislation authorizing funds for FY80‘ has been enacted (P.L. 96-229). Also, a bill to coordinate Federal research in the Chesapeake Bay (H.R. uu17) was reported May 19, 1980, by the House Committee on Merchant Harine and Fisheries (H.Rept.» 96-993) and passed the House they same day. The Senate passed H.R. uu17, amended, Sept. 2n; the House agreed to the Senate amendments on Sept. 30. The measure was signed as P.L. 96-Q60 on Oct. 15, 1980. Legislation authorizing EPA's R8D for FY81 is now being considered (5. 2726/H.R. 7099). The senate passed its bill, authorizing $368.7 million, on may 22, 1980. For further information, see IB78021 -- Environmental Honitoring (now archived). §§Q!Q!l§-l!BLl§A$lQ!§-QE-§!!lBQE!§EIEL-§Q!iEQL§; With the rising Cnncern over domestic energy supplies, inflation, and unemployment, debate has intensified on how far the Nation can go in pursuing both environmental . 1 economic goals. Concern about the impact of (regulation, including environmental regulation, on the economy has resulted in numerous legislative_l proposals that require Federal agencies to analyze the benefits and costs of " proposed rules. Hearings held by the Senate Subcommittee on Environmental Pollution on "Executive Branch Review of Environmental Regulations" (Feb. 26-27, 1979) and the Senate Judiciary Committee's review of "Regulatory Reform“ illustrate the intensity of the debate; more hearings are likely. For further information on this issue, see the following issue biefs: IB77009 -- Pollution Control: Taxes, Effluent Charges, and Other)“ Alternatives; IB79025 -—-Environmental Regulations: Ecnomic Impacts; IB80012 -- Benefit-Cost Analysis and Environmental Decision-Making. ’ Eggggxg EPA's FY80 budget has been signed into law (P.L. 96-103). As enacted, P.L. 96-103 appropriates to EPA $4.660 billion, of which $513.3 million is for salaries and expenses; $235.5 million for RED; $508.8 million for abatement and control; and $3.u billion for the sewage treatment construction grants program. Included are $22 million to strengthen EPA's hazardous waste control program; $1.25_ million for spill prevention and response under the Clean water Act; $37.5 million for areawide water pollution planning (208 grants): $82.8 million for air pollution grants; $u.39 million for underground injection control grants under the SDWA; and $3.38 million for the regulatory council. Supplemental FY81 appropriations were enacted on July 8, 1980 (P.L. 96-304). The 1981 budget, submitted to Congress on Jan. 21, 1980, seeks moderate increases for EPA's programs. Overall, $562.5 million is sought for salaries and expenses, which includes 200 new positions. The RSD budget sets $26u.9 million as the FY81 target, while the Abatement, Control, and Compliance target is $508.9 million. $3.7 billion is requested to continue the sewage CRS- 5 IB79105 UPDATE—11/O4/80 treatment construction grants program. Among the highlights of the budget submission is the increase in EPA's:~ hazardous waste program. The proposal seeks a 47% increase in funding and a 97% increase in personnel to handle EPA's program. $111 million is sought for the development of hazardous waste regulations, $26 million for hazardous: waste RED, and $30 million to assist States in dealing with their hazardous waste problems. AAs part of the President's Energy Initiative, EPA is seeking $16 million for the development of proper energy standards, including those. for air emissions. $20 million is requested for the rural clean water program to identify agricultural non-point source pollution. For the development of test standards and environmental evaluations of toxic substances, the newly proposed EPA budget seeks $37- million. The budget revision, submitted in March 1980, seeks only to defer $3.6 billion in FY80 sewage treatment funding, thereby saving $100 million in FY81. The House Committee on Appropriations reported H.R. 7631 (H.Rept. 96-1114), the HUD-Independent Agencies APPtopriation Bill for FY81, on June 19, 1980. The full House passed this bill on July 28, 1980, without substantially amending it. The Committee recommended $540.9 million, $14.5 million less than the budget estimate for Salaries and Expenses. Host of 6 this decrease ($10.3 million) represent a cut of ADP technical support. The Appropriations Committee also recommended $252.2 million for Research and Development, $12.7 million under the budget estimate. In large part this RED decrease was proposed to conform with House authorized levels for solid waste, toxic substance, energy, and wastewater programs. The Committee did, however, recommend a $2.5 million increase for acid rain research, a $2 .llion increase for Great Lakes research, and $2 million for groundwater research. For Abatement, Control and Compliance, the Committee recommended $529.8 million, $25 million below the budget request. This includes decreases of $5 million in the Clean Lakes Program, $2 million in thed underground injection control program, and $10 million in resource recovery local financial assistance. Increases were recommended for State water grants ($5 million) and academicrtraining ($1.5 million). Additionally, a major general reduction of $15 million» was recommended by the House Appropriations Committee. For the Construction Grants program, the Committee recommended $3,400,000,000, a decrease of $300 million under the budget request. , The Senate Committee on Appropriations reported H.R. 7631 (S.Rept. 96-296) on Sept. 4, 1980, and the full Senate passed this legislation on Sept. 23. As reported and passed by the Senate, $541.6 million was recommended for "Salaries and Expenses," $700,000 more than the House, with a $5.7 million out in ADP support. The Senate Committee also recommended a 50% reduction in consulting services. Under the "Abatement Control and 3 Compliance" account, the Senate recommended.and passed $543.3 million, $12 million more than the House version. Host of this increased funding, $13.5 million, was directed to the clean lakes program, an allocation that was in disagreement with the House's $5 million cut. The Senate denied the $5 million added by the House for section 106 state water grants, and recommended cuts in resource recovery and underground injection control grants due to large unobligated balances in those programs. Under "Research 3 Development" the Senate-passed amount of $251.2 million is $1 million below the House amount. The Senate disagreed with the House emphasis on large B8D increases and recommended a 50% reduction in the $27.4 million increase sought by the Adminstration. It also directed that $2.6 million be set aside for Great Lakes Research, $5 million for acid rain research, $900,000 for cold climate research, and $2.5 million to continue the cns-L 6 11379105 UPDATE-11,,/0 I-I/80 renewable resource program. The Senate disagreed with the House cut in extramural research and recommended $10.7 million. The Senate concurred in the House-passed $3.0 billion for the sewage treatment construction gra 3 program. Among the major issues for conference are the $12 million Qifference,: between the versions on Abatement Control and Compliance, mentioned above, which stems partly from a $15 million general reduction recommended by the House, and the Senate's insistence on $13.5 million for the clean lakes program. Also an issue fortconferencerisx1he’$5’millionxdifferencer*for‘rADP"r support and a similar difference for the section 106 State water grants. Another major issue is the $10.7 million for extramural research on which the Senate is insisting. - WATER. The Clean water Act was amended substantively in 1977 in three" broad areas: extending construction grant authorization for 5 years, control of toxic pollutants, and modification of certain of the Act's deadlines (P.L. 95-217). Two areas of water quality control are receiving attention today: the construction grant program and nonpoint sources of pollution. Problems continue to»plague the grant program for aiding construction oflt municipal wastewater treatment plants. The rate of obligating funds tto projects is slow, and there has been interest in extending the allowable » obligation period from 29 to 36 months, so that States would not lose funds through reallotment at the end of the fiscal year. On Dec. 19 the House passed a bill, H.R. H113, to provide such an extension for FY79 funds and +o9~ provide additional funds to certain States.. In October and November 1979 the House Public works Subcommittee on , Oversight and Review held hearings on the municipal wastewater construction ‘ grant program. Witnesses discussed the problems of erratic funding which , have troubled the program, as well as the many Federal laws, Executive Orders, and other rules with which municipalities must comply. The Water Act's requirements for areawide planning to control both point and nonpoint pollution have been criticized for reasons of inadequate ~ technical information, discontinuity in funding levels, late issuance of guidance from EPA, and the generation of numerous Federal-State and state—local conflicts. Failure to control nonpoint pollution could prevent more than two-thirds of the States from achieving the Act's 1983 goal of "fishable and swimmable" water; The House Public Works Subcommittee on Oversight and Review held 0 days of hearings on the subject in July 1979. Because of the Federal funds involved with these construction projects (75% of total project costs in most cases), questions are being raised about the cost-effectiveness of constructing high-technology, capital—intensive advanced wastewater treatment systems. Some suggest that the water quality benefits of such costly expenditures will be more than offset by continuing ~ problems of uncontrolled nonpoint pollution. Finally, on Oct. 1, 1980, Congress passed legislation repealing the industrial cost recovery provision of the Act (5. 2725). The bill a. J terminates Federal grant assistance for treatment of industrial discharges after Nov. 15, 1981. S. 2725 contains other major provisions: reauthorization of several sections of the law that expire in FY80, including grants to States; extension of the allotment period of FY79 construction grant funds for an additional year; and authorization of $20 million in CBS- 7 IB79105 UPDATE-11/04/80 construction grant monies to clean up PCBs in the Hudson River. [Note: Bills concerning oil spill/hazardous substances liability, some of. which would amend section 311 of the Clean water Act, are discussed under 9;; AE2_§A§AB2QQ§.§§§§IA§Q§§-2QLLE$lQE_LlA§£Ll1Z A!D_QQ!E§!§A$lQ!-J2§!2§BEEE22)-I For further information on water pollution, see the following issue briefs: IB79091 -- Water Quality; IBBOOH9 -- Municipal Pollution Control; and IB77071 - Toxic Contaminants in water. ALE; Hajor amendments to the Clean Air Act were enacted in 1977 (P.L- 95-95). Controversies over the statutory requirements and deadlines remain, however, and as implementation progresses, legislative adjustments are being proposed. of particular concern are possible constraints on economic growth and the siting of new facilities, particularly those that produce energy; fuel—related problems; and the prospect of sanctions for nonécompliance, especially in the form of the EPA's withholding Federal financial assistance to States. Under the Act, all States were to have revised their State Implementation Plans for air pollution control by July 1, 1979, a deadline only one State met in full. The House Subcommittee on Health and the Environment held hearings on the issue on July 30. It has been proposed that the deadline be extended (H.R. 1150). EPA requirements relative to state Implementation Plan (SIP) revisions also were challenged in court, resulting in the first major decision on implementation of the 1977 Amendments. ' On June 18, 1979, the U.S. Court of Appeals for the D.C- Circuit overturned a iwmber of substantive provisions of the statute in major respects. On Dec. 1a, 1979, the Court issued its final decision which, ‘except for tone issue, reinforced its_ June 18 ruling: it invalidated (a) EPA's definition of a major emitting source that is subject to Prevention of Significant Deterioration (PSD) regulations, (b) the Agency's exemption of .smaller facilities from PSD regulations, and (c) its definition of "modification" of a source. The court reversed itself on the issue of validity of EPA's requirement to apply PSD provisions to any major source that affects a clean air area regardless of its location. Originally, the court had affirmed EPA's requirement. However, it ruled in December that PSD regulations would apply only to sources located in clean air areas. The agency would have to rely on other sections of the law to combat interstate air pollution. As a result, EPA has proposed amendments to its PSD regulations and to requirements that affect new industrial growth in nonattainment areas. 1 Also, in order to facilitate economic growth in areas that have failed to meet the prescribed air quality standards, H.R. 7050 proposes to modify preconstruction requirements for new facilities intended to replace obsolete plants, provided the new installation has the same rated capacity and the same allowable emission rates. The constitutionality of EPA's ‘insistence that a State adopt an inspection/maintenance (I/H) program in a "nonattainment area" (one that ‘nnot attain ambient air quality standards for automobile-generated pollutants by other means) was challenged by Colorado. In January 1980 the State's legislature charged that EPA had violated States‘ rights by threatening Federal funding sanctions to force it to adopt an I/H program. The governor of Colorado has since stated that EPA had not violated State authority, but urged that the U.S. Circuit Court of Appeals establish guidelines for EPA's administration of the Clean Air Act without violating cns- 8 11379105 UPDATE-11/OI-I./80 States‘ rights. A State-EPA approved program was announced in May. The: practicality of State inspection/maintenance programs also was challenged in the light of current certification methods and lack of information regard’ g-+ the programs’ efficacy in contributing toward the attainment of ambient air quality standards. Several bills were introduced that called for a repeal of mandatory inspection/maintenance programs in nonattainment areas or for a suspension of the requirement until automobiles are tested and certified individually (H.R. 6440, H.R. 6072). 9 P.L. 95295 also created a National Commission on Air Quality, chargedewith examining the strategies and impacts of the Clean Air Act's provisions, particularly those concerning the setting of ambient air quality standards, nonattainment, and prevention of significant deterioration. The Commission E has been behind schedule, but its mandate was extended to Hay 1981 by P.L. 96-300. In a related issue area, the problem of asbestos emissions from insulating tiles in school buildings and from hand-held hairdryers was addressed in committee following the introduction of several bills (e.g., H.R. 1524, H.R. 3282). H.R. 3282 was reported on May 15 (H.Rept. 96-197) land passed the House on Dec. 13, 1979. In the Senate, 5. 1658 was passed on May 22, 1980. The measure was signed into law (P.L. 96-270) June 16, 1980. Another area of increasing concern is acid precipitation, which results from the transformation of sulphur and ,nitrogen oxides emitted by coal-burning facilities and other sources. The increased acidity has been blamed for the disappearance of fish from lakes in. the Adirondacks and elsewhere, and it may be associated with forest and crop damages and ‘ 3 corrosion of building materials. The nature and extent of the problem is in dispute, and current legislation focuses on studying the problem for a better understanding. Title 10 of P.L. 96-290, the Energy security Act, provides for a 10-year, $50 million interdepartmental task force study of acid rain. Meanwhile, the 0-5. and Canada have taken the first concrete step to combat transboundary pollution. They signed a Memorandum of Intent on Aug. 5, 1980, which sets in motion a bilateral process to deal with the problem and to take interim action under current authority pending the conclusion of a formal agreement. Interim measures include mutual.commitments to develop domestic air pollution control policies, Aenforce existing laws, increase advance notification of proposed actions that could result in transboundary pollution, and conduct cooperative monitoring programs. For’ further information see the following issue briefs: IB80078 -— Clean Air Act: An Overview; IB77052 -- Agriculture: Impact of Air Pollution; and IB80022 -- Acid Precipitation: A Serious and Growing Environmental Problem. Q§;§§I§§_§Ag§§; Reauthorization of the Safe Drinking Water Act in the 96th Congress has been the occasion for examining the costs of compliance with EPA regulations for the control of organic chemicals. Local governments want Federal assistance; the Administration is opposed to a new multi-billion dollar program. Availability of water supplies to rural areas and contamination of groundwater resources are also issues, as is regulation of underground injection and oil and gas storage. The House Commerce Subcommittee on Health and Environment has held oversight hearings on 3 Act, focusing on the problems of small commmnities in complying with the law and regulations. On Sept. 23, 1980, the House passed a bill (H.B. 8117) providing for 3-year extensions of exemptions from the Act's interim drinking water regulations and deleting storage of natural gas from the Act's underground injection control program. (For further information, on this CRS- 9 IB79105 UPDATE-11/04/80 issue, see IB78074 - Safe Drinking Hater.) Problems of groundwater ” contamination have been examined in’ several hearings held by the House :vernment Operations Subcommittee on Environment, Energy and Natural ~ RGSOIIICGS . §g;;Q_gA§g§§; Authorizations for the Resource Conservation and Recovery Act of 1976 (RCRA) expired with fiscal 1979. The new reauthorization law extends RCRA through FY82 and makes several amendments. Penalties for ~ violating the hazardous waste provisions of the law are increased, and a new felony for knowingly endangering human life when disposing of hazardous wastes is created. An interagency committee to coordinate Federal resource ~ conservation and recovery efforts is created. EPA's regulation of oil and gas drilling muds and brines is suspended. until the Agency studies the situation; subsequent regulation is subject to congressional approval. EPA's regulation of the other "special wastes" is suspended until studies are performed. $20 million is authorized for a State inventory of hazardous waste dumps. A deadline of May 1, 1981, is set for developing the guidelines for Federal procurement of goods with recovered materials under section 6002. For FY80—82 a total of $514.5 million is authorized, and $36 million is authorized for FY83-85 for certain State and local grant programs. The bill,- S. 1156, passed the Senate on June 4, 1979 (S.Rept. 96-172); and passed the House on Feb. 20, 1980, amended, in lieu of H.R. 3994 (H.Rept. 96-191). The conference report (S.Rept. 96-1010) passed the Senate Oct. 1, and the House Oct. 2, 1980. On May 19, 1980, the House Committee on Interstate and Foreign Commerce reported H.B. 7020, establishing a Federal program for responding to releases of hazardous wastes from inactive sites that endanger public health. ; the environment (H.Rept. 96-1016). H.R. 7020, as reported, set up a $600 million fund for cleanup. The bill was referred to the House Committee on ways and Means (to consider the revenue-generating aspects of the bill); ways and Means reported it, with amendments, on June 20, 1980 (H.Rept. 96-1016,.r part II). One of the amendments doubled the fund to $1.2 billion, with industry fees paying three-quarters. H.R. 7020 passed the House on Sept. 23, 1980. A On June 27, 1980, the Senate Environment and Public Works Committee ordered reported 5. 1480, a bill setting liability and compensation for hazardous wastes and toxic pollution. S. 1480 was referred sequentially to the Finance Committee, which has until; Nov. 25 to report the bill. meanwhile, H.R. 85, dealing with oil and hazardous substance spills in water, passed the House on Sept. 19, 1980 (see the section on oil and hazardous substances, above). The Used Oil Recycling Act of 1980, S. 2412, was passed by the Senate on Oct. 1, 1980, after the House passed the bill the previous day. The measure authorizes $5 million in each of FY82 and FY83 for grants to States to implement programs for collecting and recycling used lubricating oil. Containers of oil are required to bear a message encouraging recycling, and the existing Federal Trade Commission rule requiring that recycled oil be “ labeled "used" was voided. The EPA is to issue rules on the uses of recycled oil, including incineration and road—spreading for dust control. EPA is also to determine within 90 days whether used oil is a hazardous waste within the aning of section 3001 of RCRA; in making its determination EPA is to ensure that the recovery and reuse of oil is not discouraged. S. 2412 first passed ‘the Senate Aug. 18, 1980 (S.Rept. 96-879) and authorized $25 millions a year for 5 years. The House passed a $10 million version on Sept. 30 (H.Rept. 96-1415), which the Senate accepted. For further information on this issue, see the following issue briefs: IB74076 -- Nonreturnables: The Bottle Bills; CRS*1O IB79105 UPDATE-11/04/80 IB75036 -— waste oil Re—refining; IB77067 - Sludge: Disposal and Use; IB79088 -- Environmental Protection: Hazardous Wastes; and IB77019 -- Toxic » substances Contamination: Compensation Issues. Q§§Ag_QQg§I§§; The Marine Protection, Research, and Sanctuaries Act of, 1972 (HPBSA) contains three titles: regulation of ocean, dumping, research, and establishment of marine sanctuaries, respectively. Legislative activities concerning all three areunderway. All threereguire extension of ~ authorizations. The ocean dumping issue is in the calm before the storm. At present, the major legislative activity is extending authorizations. However, the 95th Congress outlawed ocean dumping of sewage sludge after Dec. 31, 1981. While alternatives are being examined, the deadline is unlikely to be met, at least by New York City. Furthermore, some persons are calling for a re-examination of the no-dumping decision, saying ocean disposal is safer than land disposal in some cases; others are trying to expand the dumping ban to include other materials. Ocean dumping and other marine research is authorized by HPBSA and by the National Ocean Pollution Research and Development and Monitoring Planning Act of 1978. An extension of authorizations for the latter has been enacted (POLO o Reauthorization of Title I EPA permit programs is the subject of S. 1148. Two versions of this legislation now exist, with the House authorizing *3 a million while the Senate authorizes $2 million. The Title II Reseai A reauthorization (S. 1123) became a public law on Oct. 6, 1980, and authorized $23.4 million in FY81 and FY82 for effects research. Additionally,. the reauthorization clarified the responsibility of the National Oceanic and * Atmospheric Administration for research on the effects of oil spills. For further information on this issue, see Issue Brief IB77067 -- Sludge: Disposal and Use. PlA1lQ.1!éL-§E!l§Q!!§!1'AL-2QLlQ!..AQT..-.fl!E.E1l)..: The 95th C°119reSS marks the tenth anniversary of this Act, which requires Federal agencies to prepare environmental impact statements on "major Federal actions significantly affecting the quality of the human environment.“ NEPA's requirement for analysis must precede an agency's substantive decisions under other laws, and as such has figured in this year's legislative debates over creating a "fast track" Energy Mobilization Board and in proposals for the long—term handling of nuclear wastes; both issues are pending. other pending bills to designate wilderness areas in various States (RARE II) may also address the degree of NEPA compliance necessary for these designations. Issues arising from NEPA compliance for new sites for large—scale energy facilities or for various waste storage facilities can be expected to continue to be controversial. Two examples of such issues are assessments prepared for synthetic fuels . plants and for the HX missile project. The President's Council on Environmental Quality, which oversees *‘e implementation of the Act, recently issued new regulations designed ,0 improve the impact assessment process by reducing delay and paperwork and designed to make the impact statements more useful to decisionmakers. Congressional oversight of this streamlined process is likely during the next Congress. cns-11 1379105 UPDATE-11/on/80 The 96th Congress proposals to expedite energy projects through "fast *‘ack" regulatory requirements were recommitted to conference in June, andi they are not likely to be enacted since, at present, they contain provisions- for overriding some environmental standards. As reported, they specifiedi which energy—related governmental actions would require the preparation of impact statements and which would be subject to judicial review- These_‘ provisions were designed to reduce the uncertainty that has often surrounded individual agencies‘ determinations of what.impact statements to prepare [see consideration of conference report on S. 1308 (H.Rept. 96-1119)]. Also, several bills were introduced that would set a time limit for judicial review under NEPA. These would require that court challenges to an agency's environmental impact statement must be brought within a certain time, such as 180 days (see 5. 9&9 and H.R. #196). Future consideration of such proposals may depend on the litigation patterns that develop as.» requirements of the new CEQ regulations have their full effect on Federal projects. - on specific issues of NEPA compliance, some wilderness bills would have the effect of overturning a Federal court ruling in California by "approving" a Forest Service Impact Statement on its RARE II wilderness recommendations to Congress. This so-called release language is found in the Oregon wilderness bill, among others in the Senate (3. 2031), and more comprehensively in H.R. 6070. As passed in the Senate, the Nuclear Waste Policy Act (S. 2189) would exempt some nuclear waste site planning from specified NEPA requirements, especially those related to alternatives \nsiderations. Finally, H.R. 6626 was passed by the House without earlier« provisions to exempt Small Business Administration loans from NEPA procedures. For further information on NEPA, see issue brief IBBOOOH -- National Environmental Policy Act: An Overview of Current Issues. Nggggg Legislation dealing with.aircraft noise is under consideration in both Houses of the 96th Congress. The two bills in question are H-R. 39fl2, the Aviation Safety and Noise Reduction Act, and S. 413, the Aviation Safety and Noise Abatement Act. Both of these bills tend to ease the existing FAA regulations that require that older, noisier jets not previously covered by noise regulations be either quietened or retired by 1985. 5. H13 has passed the Senate, while H.R. 3932 has cleared two»House committees and is awaiting Rules Committee and floor action. For further information on this issue, see issue brief IB79071 —- Aircraft Noise Abatement. with regard to noise other than aircraft. noise, legislation that would extend the Noise Control Act authorization for FY80 and FY81, providing funding for the activities of the Environmental Protection Agency in the ~field of noise control, is under consideration in the Congress. The bills in question are H.R. 3995 and 5. 114a. S. 11flfl has passed the Senate, while H.R. 3995 has cleared two House committees and is awaiting Rules Committee and floor action. 9 ' "il§LA‘£lQ£! OIL AND HAZARDOUS SUBSTANCES POLLUTION LIABILITY AND COMPENSATION H.R. 85 (Biaggi et al.) Establishes a fund for the purpose of paying for otherwise uncompensated losses resulting from oil pollution. Imposes, within certain monetary limits, joint, several, and strict liability on the owners and operators of Passed House, Sept. 19, 1980. CBS—12 IB79105 UPDATE-11/Ofl/80 each pollution source. Requires petroleum facilities and certain vessels to maintain evidence of financial responsibility in an amount equal to applicable liability limits. sets forth procedures for "identifying d publicizing pollution sources. Introduced Jan. 15, 1979. Reported by Committee on Merchant Harine and Fisheries (H.Rept. 967172, part I) May 15, 1979. Reported by Committee on Public Works and Transportation (H.Rept. 96-172, part 2) May 16, 1980. sequentially referred to Committee on ways and Means, May 20, 1980; reported June 20, 1980 (H.Rept. ’96-172, part III). H.R. 5338 (Roberts) Amends the Federal water Pollution Control Act Section 311 Fund to ~ provide $80 million to compensate victims of Mexican oil spill for economic damages. Introduced Sept. 19, 1979; referred to the Committee on Public Works and Transportation. Reported May 13, 1980 (H.Rept. 96-956); passed by the House June 16, 1980. S. 1ueo (Culver etal.) Provides for liability, compensation, cleanup, and emergency response I for hazardous waste disposal sites. Introduced June 11, 1979; referred to Committee on Environment and Public Works. Reported July 11, 1980 (S.Rept. 96—8u8). TOXIC SUBSTANCES IN THE ENVIRONMENT H.R- H973 (Miller, G., et al.) Makes it a Federal crime for a business manager to knowingly fail to inform the appropriate Federal agency, and to fail to warn affected. employees, after discovering in the course of business that a serious dang : is associated with a product or business practice. Introduced July 26, 1979; referred to Committee on Judiciary. H.R. 6587 (Barnes et al.) ‘ Amends the Export Administration Act of 1979 to prohibit the export of goods, the sales of which are prohibited or restricted in the Unitedh States pursuant to specified public health and safety laws, unless specified conditions are met. Introduced Feb. 25, 1980; referred to Committee on A Foreign Affairs. H.R. 7126 (Scheuer et al.) Amends the Toxic Substances Control Act to extend the authorization of appropriations contained in such Act. Directs the Administrator of the Envirionmental Protection Agency to: (1) study the adequacy of compensation to mitigate damages from hazardous chemical substances; and (2) monitor emissions at facilities used to incinerate polycholorinated biphenyls. ("PCBS"). Introduced Apr. 22, 1980; referred to Committee on Interstate and Foreign Commerce. Reported with amendment (H.Rept. 96-968) May 15, 1980. PESTICIDES H.R. 2982 (Wampler et al.) Directs the Administrator of the Environmental Protection Agency to request the National Academy of Science to conduct a study regarding the desirability of developing a Federal policy for theb determination of the potential carcinogenicity in man of chemicals tested primarily in nonhu. A test systems through the standardization of certain tests. Introduced Mar. 1a, 1979; referred to more than one committee. H.R. 7018 (de la Garza, E., et al.) Extends the Federal Insecticide, fungicide, and Rodenticide Act until cRs—13 11379105 upna-rm-11/on/so Sept. 30, 1981. Introduced Apr.. 2, 1980; referred to Committee on _ ‘riculture. Reported may 16, 1980. Failed passage under suspension of iiales June 17, 1980. Amended and passed House June 24, 1980. Amended andz* passed Senate July 24. Approved by conferees Sept. 30, 1980. S. 2587 (Talmadge, by request) . Amends the Federal Insecticide, Fungicide, and .Rodenticide Act to authorize appropriations to carry out the provisions of such Act through FY82. Introduced Apr. 21, 1980; referred to Committee on Agriculture, Nutrition and Forestry. Reported with amendment (S.Rept. 96-764) May 15, .1980. H;R. 7018 passed in lieu, July 24. ENVIRONHENTAL RESEARCH AND DEVELOPHENT P.L. 96-229, H.R. 2676 Environmental Research, Development and Demonstration Authorization Act of 1980. Authorizes appropriations for environmental research, development, and demonstrations for FY80. Introduced Mar. 7, 1979; referred to Committee on Science and Technology. Hearings held by Subcommittee on Natural Resources and Environment Har. 7. Reported, amended (H.Rept. 96-58) Mar. 20; passed flouse amended Mar. 27; reported from Senate Committee on Environment and Public Works, amended (S.Rept. 96-158) May 15, 1979; passed Senate May 23. Conference report (H.Rept. 96-611) issued Nov. 9, 1979. Signed into law Apr. 7, 1980. P.L. 96-460, H.R. 4417 Establishes in the Department of Commerce an independent establishment own as the Office for Chesapeake Bay Research, Planning, and Coordination to coordinate research efforts regarding the Chesapeake Bay. Establishes the Chesapeake Bay Research Board to: (1) advise the Director of the Office; (2) 9 develop a Chesapeake Bay Research Plan; and (3) review, evaluate, and comment upon the annual report submitted by the Office. Introduced June 11, 1979; reported from Committee on Merchant Marine and Fisheries with amendment (H.Rept. 96-993) May 16. Passed House May 19. Reported to Senate Sept. 17 (S.Rept. 96-950). Passed Senate, with amendments, Sept. 24. House agreed to Senate amendment Sept. 30, 1980. Signed.into law on Oct. 15, 1980. H.R. 7099 (Ambro et al.) Authorizes appropriations for environmental research, development, and demonstrations for FY81 to the Environmental Protection Agency (EPA). Directs the Administrator of EPA to study the use of peer review in research planning and to develop procedures to assure that EPA research programs produce data of verifiable accuracy. Authorizes the Administrator to award an annual prize for an environmentally related research contribution. Directs the principal EPA research official. to commission annual critical reviews of literature relevant to EPA's mission. Directs the Scientific Advisory Board to provide such scientific advice as the Congress requests. Introduced Apr. 21, 1980; referred to Committee on Science and Technology. Reported (H.Rept. 96-959) May 14. S. 2726 (Culver) Authorizes appropriations for environmental research, development, and monstrations for FY81 to the Environmental Protection Agency (EPA). Directs the Administrator of EPA to issue regulations providing for access to oil shale operations on federally owned land by persons conducting research on the environmental effects of oil shale operations. Introduced May 15, 1980; reported from Committee on Environment and Public Works (S.Rept. 96-745) the same day. Passed Senate may 22. ens-1n 1379105 upnun-1 1/0 34/80 ECONOMIC IMPLICATIONS OF ENVIRONHENTAI.CONTROLS H.R. 3023 (Ritter) . . Requires EPA andy FDA to provide a comparison of risks prior tx xromulgation of regulations.- Introduced Mar. 15, 1979; referred to Iommittees on Interstate and Foreign Commerce and on Herchant Harine and ?isheries. H.R. 539R (Atkinson) I Amends the Internal Revenue Code of 1954 to allow the rapid amortization of federally required capital expenditures. Introduced Sept. 25, 1979; referred to Committee on Ways and Means. H.R. eouo (noorhead) Amends the Administrative Procedure Act to require Federal agencies to analyze the benefits, costs, and other adverse effects of proposed rules; provides for judicial review of any such analysis; increases public participation in agency policy determinations and interpretations; and has other purposes. Introduced Dec. 5, 1979; referred to Committee on the F» Judiciary. S. 5n (Bentsen et al.) Regulatory Cost Reduction Act of 1979. Requires each head of Ian executive agency to use the most. cost-effective method of achieving a regulatory goal whenever alternative methods exist. Requires each agency head to prepare a regulatory impact analysis of proposed and existing rules which includes the paperwork requirements, economic impact, conflicting rules, and a cost—benefit analysis of each rule. Introduced Jan. 15, 197“: referred to Committee on Governmental Affairs. 5. 755 (Ribicoff, by request, et al.) Regulation Reform Act of 1979. Requires the head of each Federal agency to publish: (1) regulatory analyses of each proposed major rule; and (2) a schedule for the review of its significant rules, policies, and practices.‘ Creates a new procedure for administrative adjudication and rulemaking by Federal agencies. Establishes an "expedited procedure" for all agency proceedings for which a hearing is required and a "formal hearing" process for resolving substantial disputes of fact arising from such proceedings. Establishes a new system of appointing and evaluating administrative law judges. Authorizes agencies to compensate: individuals for the costs Aof participating in agency proceedings. Introduced Mar. 26, 1979; referred to more than one committee. Hearings held June 13 by Subcommittee on 1 Administrative Practice. 5. 1969 (Dole et al.) Amends the Administrative Procedure Act to require Federal agencies to analyze the benefits, costs, and other adverse effects of proposed rules, to provide for judicial review of any, such analysis, to increase public participation in agency policy determinations and interpretations, and has other purposes. Introduced Nov. 20, 1979; referred to Committee on the Judiciary. 5. 21a? (Culver et al.) Establishes the Regulatory Policy Board, provides for nthe regul.-ory analysis of proposed major rules, improves rulemaking procedures affecting small businesses and local governments, requires the Congress and the President to review certain regulatory agencies, increases competition it — regulated industries, makes other improvements in regulatory procedures, an: has other purposes. Introduced Dec. 18, 1979; referred to Committees on th cns-15 1379105 UPDA‘l'E"1 1/0 4/80 - Judiciary and on Governmental Affairs. BUDGET P0130 HOBO ' ‘ ’ Department of Housing. and Urban- Development-Independent Agencies Appropriation Act, 1980. flakes appropriations for FY80 to the Department Of:‘ Housing and Urban Development and specified independent agencies and Government corporations. Introduced June 7, 1979; repoted (H.Rept. 96-249) the same day. Amended and passed House June 27. Reported, amended, to R Senate (S.Rept. 96-285) July 24, 1979. Amended and passed Senate July 27. Reported from conference August 2 (H.Rept. 96-409). Disagreements on non-EPA aspects ‘prevented passage and a second conference was held. Second conference report issued (H.Rept. 96-542) Oct. 23, 1979. Signed into law Nov. 5, 1979. A ' ' P.L. 96-304, H.R. 7542 Supplemental Appropriations--HUD and Independent Agencies, Fiscal Year 1980. Provides supplemental appropriations:for the Environmental Protection. Agency. Introduced June 11, 1980; reported same day by House Committee on Appropriations (H.Rept. 96-1086). Passed House, amended, June 19, 1980. Referred to Senate Committee on Appropriations June 20, 1980. Reported by Senate Committee on Appropriations June 23, 1980 (S.Rept. 96-829). Passed Senate, amended, June 28, 1980. Conference report filed in House July 2, 1980 (H.Rept. 96-1149). House and Senate agreed to conference report July 2, 1980. Signed into law July 8, 1980. H.R. 7631 (Roland) A Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1981. Makes appropriations to various agencies including EPA. Introduced June 19, 1980: referred to Committee on Appropriations. Reported June 19, 1980 (H.Rept. 96-1114). Passed House, July 28, 1980. Reported by Senate Committee on Appropriations Sept. 4, 1980 (S.Rept. 96-926); passed Senate Sept. 23, 1980. WATER P.L. 96-148, 5. 901 Amends the Clean water Act to repeal certain grant and loan conditions for construction of publicly owned treatment works. Introduced Apr. 5, 1979; referred to Committee on Environment and Public works. Reported (S.Rept. 96-200) June 5. Passed Senate, amended, June 14. Passed House, amended, June 26, in lieu of H.R. 4023. Senate agreed to House amendment Nov. 30; House concurred in Senate amendment to House amendment Dec. 3. Signed by President Dec. 16, 1979. H.R. 4113 (Cleveland et al.) “ Amends the Federal Water Pollution Control Act to provide an additional allotment of funds to certain States, and has other purposes. Introduced May 16, 1979; referred to Committee on Public works and Transportation. Reported Dec. 17 (HLRept. 96-709); passed House, amended, Dec. 19. [Identical bill: H.R. 4449 (0bey).] H.R. 6667 (Roberts el al.) Amends certain authorizing provisions of the Clean water Act. Introduced Feb. 28, 1980; referred to Committee on Public Works and Transportation. Reported May 15, 1980 (H.Rept. 96-983). S. 1328 (Hatfield et al.) Amends the Federal Water Pollution Control Act to provide an additional CBS-16 IB79105 UPD3TB‘?1/O4/80. allotment of funds to certain states, and has other purposes. Introduced June 13, 1979; referred to Committee on Environment and Public Works. 5. 2725 (Randolph) - Extends certain authorizations in the Clean Water Act and has other purposes. Introduced Hay 15, 1980: reported from Committee on Environment ~ and Public Works (S.Rept. 96-74a) the same day. Passed Senate June 25, 1980.‘ 1l_1B_,_ _. P.L. 96-300, S.J.Res. 188 Extends the reporting date and the termination date of the National Commission on Air Quality. Introduced June 25, 1980. Reported, same day, from Committee on Environment and Public Works (S.Ret. 96-836). Passed Senate June 27. Passed House, also, June 27. Signed into law July 2, 1980. P.L. 96-29a, S. 932 Defense Production Act Extension Amendments of 1979. Incorporates Hoynihan amendment on acid precipitation. Introduced Apr. 9, 1979; referred. to more than one committee. Reported from Committee on Banking, Housing, and Urban Affairs (S.Rept. 96-166) May 15. ‘Passed Senate June 20. Passed House, amended, in lieu of H.R. 3930, June 26. Reported jointly from Committees on ~ Banking, Housing, and Urban Affairs and on Energy and Natural Resources, with amendment (S.Rept. 96-387) Oct. 30, 1979. Senate agreed to House amendment with amendment Nov. 8, 1979. Conference report filed in House, June 18 (H.Rept. 96-1104) and in Senate June 19 (S.Rept. 96-824). Signed into law June 30 (P.L. 96*29u). P.L. 96-270, H.R. 3282/s. 1658 Asbestos School Hazard Detection and Control Act of 1979. Establishes a program for the inspection of schools to detect the presence of hazardousa asbestos materials, to provide loans to local educational agencies to contain or remove hazardous asbestos materials from schools and to replace such materials with other suitable building materials, and has other purposes. H.R. 3282 and S4 1658 introduced Mar. 28 and Aug. 2, 1979, respectively; referred to Committee on Education and Labor and Committee on Human Resources, respectively. H.R. 3282 reported with amendment (H.Rept. 96-197) May 15. Passed House, amended, Dec. 13, 1979. S. 1658 reported (S.Rept. 96-710), Hay 15, 1980. Passed Senate, amended, Hay 22. Passed House, May 30. Signed into law June 14, 1980 (P.L. 96-270). H.R. 176 (Chappell) Amends the Clean Air Act and the Federal Water Pollution Control Act to require that compliance orders include a cost-benefit analysis of such compliance. Introduced Jan. 15, 1979; referred to Committees on Interstate and Foreign Commerce and on Public Works and Transportation. H.R. 5u13 (Stockman et al.) Hotor Vehicle Regulatory Improvement Act of 1979. Freezes automobile emission standards at 1979 levels and raises ozone standard to reduce control W costs. Introduced Sept. 26, 1979; referred to Committee on Interstate and Foreign Commerce. H.R. 6fl66 (Satterfield, Stockman) . Repeals the requirement that State Implementation Plans provide for periodic testing and inspection of motor vehicles. Introduced Feb. 7, 1980; referred to Committee on Interstate and Foreign Commerce. . S. 1222 (Huddleston et al.) cns-17 1379105 upnu-3-1 1/o u/so Repeals section 125 of the Clean Air Act. Introduced May 23, 1979; ferred to Committee on Environment and Public Works. . S. 1358 (Huddleston et al.) « Provides that major stationary sources complying‘ with all applicable emission limitations and standards of performance established pursuant to the 2 Clean Air Act shall not be subject to any’ more stringent limitations or standards for a period of 10 years. Introduced June 18, 1979, referred to Committee on Environment and Public Works. DRINKING WATER P.L. 96-63, S. 1146 Amends the Public Health Service Act to direct the Administrator of the Environmental Protection Agency (EPA) to establish demonstration projects to control drinking water contaminants in certain water supply systems and to extend the authorization of appropriations for EPA activities relating to safe drinking water. Introduced and reported (S.Rept. 96-161) May 15, 1979. Passed Senate Hay 22, 1979. Passed House, amended, July 30, 1979, in lieu of H.R. 3509. Senate agreed to House amendment Aug. 3, 1979. Signed by President Sept. 6, 1979. H.R. 4509 (Gramm et al.) Amends the Safe Drinking Water Act to revise requirements yrelating to State authority over underground injection control, and State primary enforcement responsibility generally. Establishes an administrative procedure and requirements for judicial review for actions relating to inking water regulations and underground injection control. Makes ; technical and conforming iamendments to such Act’ and extends specified compliance dates. .Introduced June 18,, 1979; referred ,to Committee on ,Interstate and Foreign Commerce. Ho'R'o (Gramm) , Amends the Safe Drinking Water Act concerning underground injection control of oil or natural gas, standards for promulgating drinking water regulations, and emergency powers of the EPA Administrator. Introduced Dec. 11, 1979; referred to Committee on Interstate and Foreign Commerce. H.R. 8117 (Waxman et al.) Safe Drinking Water Act amendments. Introduced Sept. 15, 1980; referred to Committee on Interstate and Foreign Commerce. Reported from Committee (H.Rept. 96-1348) Sept. 19. Passed by House Sept. 23, 1980. S. 2129 (Domenici) Amends the Safe Drinking Water Act with respect to regulations. relating to underground injections necessary for oil and natural gas recovery. Introduced Dec. 13, 1979; referred to Committee on Environment and Public Works. SOLID WASTES . H.R. 2812 (Jeffords et al.) Beverage Container Reuse and Recycling Act of 1979. Prohibits the sale beverage containers without a minimum refund value of five cents. Requires labeling of refund values on all such containers. Prohibits the sale of metal beverage containers with detachable openings. Introduced Mar. 13, 1979; referred to Committee on Interstate and Foreign Commerce. H.B. 399M (Florio) Resource Conservation and Recovery Act Amendments of 1979. Extends RCRA CBS-18 IB79105 UPDATE-11/Ofl/80 1 year and makes minor amendments: (1) Exempts wastewater treatments facilities built to comply with the Clean Water Act from the provisions of RCRA unless groundwater monitoring data reveal there is a significant rele e to an underground water supply of any hazardouss waste from the wastewater treatment pond or basin. (2) Repeals section 2004 of RCRA, providing grants for discarded tire disposal.’ (3) Provides for the integration of’ RCRA with.~ the Surface Mining Control and Reclamation Act of 1977. (H) Declares oil and gas drilling muds and brines to be not hazardous,‘ and, with 'certain exceptions, prohibits EPA from regulating cmher "special wastes" under RCRA until studies have been‘completed.“’(5)"AuthorizesW$20/million for‘States to carry out a hazardous site inventory. (6) Expands EPA's enforcement authority and emergency response authority regarding hazardous wastes. (7) Re-authorizes $30 million for State planning and implementation of plans, and $18 million for municipal planning and programs. (8) Sets deadlines for regulations for Federal procurement of goods with recycled material content. (9) Establishes a National Advisory Commission on Resource Recovery. Introduced Hay 8, 1979; referred to Committee on Interstate and Foreign Commerce. Reported Hay 15, 1979, with. amendment (H.Rept. ' 96-191).s~ Considered in House and passed, amended (as above), Feb. 20, 1980; language of H.R. 3994 inserted in S. 1156 in lieu of Senate language, and passed Feb. 20, 1980. H.R. 7020 (Florio) Amends the Solid Waste Disposal- Act to establish a hazardous waste response program including State and Federal inventories, priorities,’ and monitoring of inactive sites. Authorizes the Administrator of, the Environmental Protection Agency to take» emergency response actions to releases, or threatened releases, of hazardous waste that endanger the pub. : health or the environment. Directs the President to issue a National Hazardous waste Response Plan. Establishes a Hazardous Waste Response Fund, including funds authorized to be appropriated and fees, penalties, damages, “ _and reimbursements assessed under this Act. Sets forth prohibitions against (and liability for releases of hazardous waste. Introduced Apr. 2, 1980; reported from Committee on Interstate and Foreign Commerce with amendment (H.Rept. 96-1016, Part I) Hay 16. Reported from Committee on Ways and Means June 20, 1980 (H.Rept. 96-1016, Part II). Passed by House Sept. 23, 1980. S. 50 (Hatfield et al.) Beverage Container Reuse and Recycling Act of 1979. Prohibits the sale of beverage containers without a minimum refund value of five cents. Requires labeling of refund values on all such containers. Prohibits the sale of metal beverage containers with detachable openings. Introduced Jan. 15, 1979; referred to Committee on Commerce, Science, and Transportation. 3. 1156 (Randolph) Reauthorizes RCRA, increasing authorizations for hazardous waste‘ control, and makes minor amendments. Introduced May 15, 1979; referred to Committee on Environment and Public Works; reported May 15 (S.Rept. 96-172); considered in Senate Hay 24 and June 4, 1979; passed Senate, amended, June H, 1979; passed House, amended, Feb. 20, 1980. ~ S. 1325 (Randolph) Hazardous Waste Post-Closure Liability Act. Establishes a system 1 r determining liability and awarding compensation for claims arising from discharges from hazardous waste management facilities. Establishes a Hazardous waste Post—Closure Liability Fund to be constituted from annual nationally uniform premiums collected from operators of such facilities. Incorporated into S. 1480, as reported. Introduced June 12, 1979; referred ens-19 1379105 UPDATE-1 1/04/80 to Committee on Environment and Public Works. S. 2412 (Domenici) Amends RCRA to encourage the use of recycled oil. Transfers the authority to prescribe labeling requirements for recycled oil from the Federal Trade Commission (FTC) to the Environmental Protection Agency (EPA), r and voids earlier FTC regulations; labeling encourages the return and reuse of oil. The Federal government is to assign the highest priority to the development of quality control and procurement standards for re-refined oil. States are encouraged (and assisted with $25 million per year for 4 years) to develop programs for the collection and recycling of used oil. EPA is authorized to regulate the collection, disposal, or processing of used oil as a hazardous waste. Contracts or agreements to discourage the use of recycled oil are prohibited; injured parties may recover triple damages. Introduced Mar. 12, 1980; reported with amendment from Environment and Public Works Committee July 30 (S.Rept. 96-879); passed Senate August 18; reported from House Committee on Interstate and Foreign Cbmmerce, with amendment, Sept. 25, 1980. ' OCEAN DUMPING H.R. 6616 (Murphy) Amends the Marine Protection, Research and Sanctuaries Act of 1972 to authorize appropriations for FY80. Reported (H.Rept. 96-894, part 1) from Merchant Marine and Fisheries Apr. 22, 1980. Reported (H.Rept. 96-984, part 2) from Science and Technology April 1980. S. 1140, S. 1123, and S. 1148 passed in lieu May 13, 1980. P.L. 96-381, 5. 11236 Provides for Title II authorizations for the Marine Protection Research and Sanctuaries Act. Introduced May 11, 1980, and reported the same day by Senate Committee on Commerce, Science and Transportation (S.Rept. 96-133). Passed House May 13, 1980, and Senate June 6, 1980. Senate agreed to House amendment with an amendment. House agreed, to Senate amendment Sept. 24, 1980. Signed as P.L. 96-381, Oct. 6, 1980. S. 1140 (Cannon) Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to 7 authorize appropriations for FY80 and FY81 for acquisition, development, and operation of marine sanctuaries. Reported May 15, 1979 (S.Rept. 96-148) by Committee on Science, Commerce, and Transportation. Passed Senate May 22, 1979. Passed House, amended, May 13, 1980, in lieu of H.R. 6616. Senate agreed to House amendment Sept. 18, 1980; signed as P.L- 96-332 Aug. 29, 1980. S. 1148 (Muskie) Provides for Title I authorization of appropriations for the Marine Protection Research and Sanctuaries Act through 1982. Introduced May 13, 1979. Reported by Senate Committee on Environment and Public Works May 15, 1979 (S.Rept. 96-163). Passed Senate June 6, 1979. Passed House, amended, May 13, 1980. Senate agreed to House amendment with an amendment, Sept. 30, 1980. A NATIONAL ENVIRONMENTAL POLICY ACT H.R. 4985 (Udall et al.)/S. 1308 (Jackson et al.) Provide for a coordinated, simplified, and prompt process for Federal approval of non-nuclear energy facilities which are determined to be in the national interest. Establish an Energy Mobilization Board to be appointed by the President to designate priority energy projects, based on specified CBS-20 IB79105 UPDATE~?T O4/80 criteria, and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. H.R. 4985 introduced July.“’, 1979. Reported from Committee on Interior and Insular Affairs (H.Re‘,.. 96-M10) Aug. 2, 1979. Reported from Committee on Interstate and Foreign Commerce with amendment (H.Rept. 95—u1o, part II) Sept. 21, 1979. S. 1308 introduced June 11, 1979; referred to Committee on Energy and Natural ~ Resources. Reported with amendment (S.Rept. 96-331) Sept. 25, 1979. Measure passed Senate, amended, Oct. 0, 1979. Passed House, amended, in lieu of H.R- H985, Nov. 1, 1979. Conference began Dec. 7, 1979; conference report filed ~ inlnousé June21,1980(H.Rept.96—1119). 1House voted June 27, 1980, to recommit conference report to Conference Committee without instructions. H.R. 6626 (Smith, N., by request) ' Consolidates and modifies the terms of SBA programs under sections 7(a), 7(e), 7(h),,7(i) and 7(1) of the Small Business Act and sections 501 and 5021 of the Small Business Investment Act of 1958 to exempt SBA loans from the environmental impact requirements of the National Environmental Policy Act of 1969 and to limit the annual amount of SBA loans, guarantees, and other obligations or commitments to the extent or amounts provided in appropriations acts. Introduced Feb. 26, 1979; referred to Committee on Small Business. Hearing held Mar. 3, 1980. Reported May 19, 1980 (H.Rept. 96-1028, part I); reported, amended (without NEPA exemption from merchant Marine and Fisheries), June 28, 1980 (H.Rept. 96-1028, part II). Passed House without exemption July 28, 1980. S. 909 (Burdick et al.)/H.R. #196 (Andrews, H.) Amend the National Environmental Policy Act of 1969 to require t’ t actions for judicial review of any final detailed environmental impa-t statement be filed in a court of competent jurisdiction within a statute of limitations. S. 949 introduced Apr. 10, 1979; referred to Committee on; Environment and Public works. H.R. H196 introduced May 23, 1979; referred to committee on Merchant Marine and Fisheries. NOISE POLO H¢R.' M Amends the Airport and Airway Development Act (of 1970 to repeal the prohibition against the expenditure of certain discretionary funds. — Introduced Feb. 27, 1977. Reported by Committee on Public Works and Transportation Sept. 26, 1979 (H.Rept. 96-H75). Passed House, amended, Oct. 22, 1979. Passed Senate, amended, Oct. 22, 1979 (inserted text of S. 413 as passed Senate on May 1, 1979). Conference report (H.Rept. 96-715) filed in House Dec. 19, 1979. Signed into law Feb. 18, 1980. H.R. 3942 (Johnson, H., et al.) Aviation Safety and Noise Reduction Act. Directs the Secretary of Transportation to establish a single system of measuring noise and the impact of noise at airports and areas surrounding airports and to prescribe land uses which are compatible with such noise levels. Amends the Airport and Airway Development Act of 1970 to make grants available under such Act for airport noise compatibility programs. Directs the Secretary to report to Congress on the development of an air collision avoidance system. Introduced May 9, 1979. Reported, with amendment, by Committee on Public Works ' 1 Transportation Bay 15, 1979 (H.Rept. 96-203, part I). Reported, wl-h amendment, by Committee on Interstate and Foreign Commerce July 13, 1979 (H.Rept. 96-203, part II). H.R. 3995 (Floris et al.) Amends the Noise Control Act of 1972 to direct the Administrator of the CBS-21 IB79105 UPDATE-11/04/80 Environmental Protection Agency to develop and submit to the Congress a 5 ‘~year plan for carrying out the Administrator's authorities under such Act. ..thorizes appropriations for such Act. Introduced May 15, 1979. Reported, by Committee on Interstate and Foreign Commerce May 15, 1979 (H.Rept. 96-202, part I). Reported by House Committee on Public works and Transportation July 12, 1979 (H.Rept. 96-202, part II). Measure passed and laid on table Feb..: 12, 1980. S. 1144 passed in lieu. S. 413 (Cannon) Directs the Secretary of Transportation to establish a single system of measuring noise and the impact of noise at airports and areas surrounding airports and to prescribe land uses which are compatible with such noise levels. Amends the Airport and Airway Development Act of 1970 to make grants available under such Act for airport noise compatibility programs. Authorizes the Civil Aeronautics Board to require aircraft operators to impose noise abatement surcharges on flights until an operator's fleet is in compliance with specified noise abatement standards. Introduced Feb. 9, 1979; reported (S.Rept. 96-52) by Senate Committee on Commerce, Science, and * Transportation Mar. 29, 1979; passed Senate, amended, (78-15), May 1, 1979. Provisions inserted in H-R. 2440 as passed Senate. 5. 1144 (Culver) Amends the Noise Control Act of 1972 to be cited as the Quiet Communities Act. Authorizes appropriations for FY80 and FY81. Directs the Administrator of the Environmental Protection Agency to develop and submit to the Congress a 5-year plan for carrying out the Administrator's authority \der this Act. Introduced May 15, 1979. Reported by Senate Committee on rnvironment and Public works may 15, 1979 (S.Rept. 96-152) . Passed Senate, amended, June 14, 1979. Passed House in lieu of H.R. 3995 Feb. 12, 1980. In conference. AP.12£E1£Q1lé.L-B.1§..1Z.EB.‘§EQ§-§QL?.B.§§§ Environmental Study Conference. Environmental and energy legislation in the first session of the 96th congress. Weekly Bulletin [Wrapup] (Dec. 21, 1979), 39 p. Superfund top environmental priority for congress, Alaska lands for Carter. Environment Reporter (Dec. 12, 1979): 1744-1749. LIBRARY OF WASHINGTON UNIVERSITY ST. LOUIS — Mo. MU Libraries University of Missouri——Columbia Digitization Information for Congressional Research Service Digitization Project Local identifier CRSIB Source information Format Content type Notes Capture information Date captured Scanner manufacturer Scanner model Scanning system software Optical resolution Color settings File types Derivatives — Access copy Compression Editing software Resolution Color File types Notes Book Text Stamped with property stamp for Washington University including deaccession stamp Some have labels on front page Some have black out markings on front page SuDoc numbers handwritten on front page Some items have very light print Some front pages have colored backgrounds Items not added to University of Missouri collection CRS Issue Bulletin 79-105: text missing Page 14 skewed with 20l7 April Ricoh MP C4503 600 dpi grayscale tiff Group 4 600 dpi bitonal tiff