[Senate Report 106-191]
[From the U.S. Government Publishing Office]
Calendar No. 325
106th Congress Report
SENATE
1st Session 106-191
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REPORTS TO CONGRESS--PROVIDING FOR THE CONTINUATION OF A CLEAN AIR ACT
REPORT
_______
October 14, 1999.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1731]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works having
considered the same, reports an original bill (S. 1731), to
amend the Clean Air Act to provide that certain environmental
reports shall continue to be required to be submitted, and
recommends that the bill do pass.
General Statement and Background
The Federal Reports Elimination and Sunset Act of 1995
(Public Law 104-66), directed the Administration to submit a
report to the Clerk of the House listing unnecessary statutory
reporting requirements for Federal agencies. The reporting
requirements listed by the Administration will sunset on
December, 21, 1999, unless Congress takes action to retain the
requirements. While the Environment and Public Works Committee
is supportive of efforts to eliminate unnecessary reporting
requirements, several of the reports due to be eliminated are
useful to the Committee and should be continued.
One of the reports that should be continued is the Great
Waters Report. The report is authorized under section 112(m)(5)
of the Clean Air Act. In response to growing evidence that the
deposition of harmful air pollutants contributes to the
impairment of water bodies, Congress included section 112(m) in
the Clean Air Act amendments of 1990. Section 112(m)
establishes research, reporting and potential regulatory
requirements related to atmospheric deposition of harmful air
pollutants to the Great Waters. Great Waters are defined as the
Great Lakes, Lake Champlain, Chesapeake Bay and water bodies
included in the National Estuary Program and the National
Estuarine Research Reserve System.
Section 112(m)(5) directs the Environmental Protection
Agency, in cooperation with the National Oceanic and
Atmospheric Administration (NOAA) to submit periodically a
report to Congress on atmospheric deposition to the Great
Waters. As of 1999, two Great Waters reports have been issued
and a third report is expected in 2000. The first report
assesses the adequacy of the programs conducted under section
112(m) and presents information about the health and
environmental effects associated with pollutants of concern,
relative atmospheric loadings, and the potential sources of
these loadings. The first report also includes regulatory
recommendations based on existing scientific information. The
second report serves as an update to the first report, and can
be used to assess the extent of progress as a result of
recommendations from the first report and determine what gaps
in information still exist.
The Great Waters report is a valuable tool for the
Committee in addressing the causes and effects of atmospheric
deposition. The report includes scientific information from
peer-reviewed journals, government reports, and conference
proceedings. In addition, EPA also incorporates findings from
investigations that have been funded or conducted in connection
with the Great Waters program or other regionally specific
programs.
Objective of Legislation
The bill continues to require the Administrator of the
Environmental Protection Agency to submit the Great Waters
Report to the Congress.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes the following
evaluation of the regulatory impact of the reported bill. The
reported bill will have no regulatory impact. This bill will
not have any effect on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that this bill would
impose no Federal intergovernmental unfunded mandates on State,
local or tribal governments. All of its governmental directives
are imposed on Federal agencies. The bill does not directly
impose any private sector mandates.
Legislative History
On September 29, 1999, the Committee on Environment and
Public Works, in a business meeting, considered a draft bill to
provide that certain environmental reports shall continue to be
required to be submitted to the Congress. During consideration
of the bill, Senator Crapo proposed an amendment to add an
additional report to the bill. The amendment was agreed to by
voice vote. The committee voted, by voice vote, to favorably
report the bill, as amended, and then agreed by unanimous
consent to file it in the Senate as three separate, original
bills. No rollcall votes occurred on the measure.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 13, 1999.
Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for a bill to amend the
Clean Air Act to provide that certain environmental reports
shall continue to be required to be submitted.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen.
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Congressional Budget Office Cost Estimate
A bill to amend the Clean Air Act to provide that certain environmental
reports shall continue to be required to be submitted, as
ordered reported by the Senate Committee on Environment and
Public Works on September 29, 1999
This bill would require the Environmental Protection Agency
(EPA) to continue to provide a biennial report to the Congress
that identifies and assesses the extent that air pollutants
affect the Great Lakes, Chesapeake Bay, Lake Champlain, and the
coastal waters. The requirement to prepare this report would
otherwise expire on December 21, 1999. CBO estimates that
enacting this bill would not impose significant costs on EPA,
and that any such costs would be subject to the availability of
appropriated funds. Based on information from EPA, we estimate
production ofthis report costs about $250,000 a year. Because
enactment of this bill would not affect direct spending or
receipts, pay-as-you-go procedures would not apply.
This bill contains no intergovernmental mandates or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would not affect the budgets of State, local, or
tribal governments.
The CBO staff contact for this estimate is Susanne S.
Mehlman, who can be reached at 226-2860. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
TITLE 42--THE PUBLIC HEALTH AND WELFARE
* * * * * * *
CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
Part A--Air Quality and Emissions Limitations
* * * * * * *
Sec. 7412. Hazardous air pollutants.
* * * * * * *
(5) Report.
[Within] Notwithstanding section 3003 of Public Law 104-66
(31 U.S.C. 1113 note; 109 Stat. 734), within 3 years of
November 15, 1990, and biennially thereafter, the
Administrator, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, shall submit to the
Congress a report on the results of any monitoring, studies,
and investigations conducted in pursuit of this subsection. * *
*
* * * * * * *
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