[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.
                              ----------                              


               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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