Chapter 14. Legislative History of the Clean Air Act Amendments of 1990

Theodore L. Garrett and Sonya D. Winner

Editors' Summary: This Article is the third in a three-part series on the Clean Air Act and the 1990 amendments. The authors analyze the new permit program mandated by the 1990 amendments, which requires the creation of a state-administered permit program. The authors also analyze the enforcement mechanisms available under the Clean Air Act that are applicable to stationary sources, and the administrative procedures and judicial review provided for in the Act. The authors analyze the Act's new provisions concerning chemicals that destroy stratospheric ozone, and the new requirements for phasing out the production and consumption of ozone-depleting substances. Finally, the authors explore the legislative history of the 1990 amendments, identifying where possible the sources of statutory text, amendments to that text, and analysis of the various pieces of the legislative history.

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The Clean Air Act Amendments of 1990 were enacted into law on November 15, 1990. Implementation of these amendments by the U.S. Environmental Protection Agency (EPA) and the states requires EPA, the states, and the regulated community to grapple with difficult questions raised and ambiguities created by the amendments, whose legislative history often provides little guidance to aid in interpretation. Moreover, given the lengthy and elaborate evolution of the amendments, it is difficult to determine the source of many provisions of the final Act, much less their meaning. This chapter outlines the legislative chronology of these amendments, identifying where possible the sources of statutory text, amendments to that text, and accompanying legislative history.

I. The Administration Proposal

The legislative initiative behind the Clean Air Act Amendments of 1990 began with the announcement of an administration clean air proposal by President Bush onJune 12, 1989. The administration bill was introduced in the House as H.R. 3030 on July 27, 1989, by Representative Dingell,¹ and in the Senate as S. 1490 on August 3, 1989, by Senator Chafee.²

The administration bill contained seven titles covering nonattainment, mobile sources, hazardous air pollutants, permits, acid deposition control, enforcement, and miscellaneous provisions. Among the significant new measures included in the administration proposal were technology-based standards to apply to sources that emit 10 tons of one or 25 tons of a combination of any of 191 hazardous air pollutants; the requirement that all major sources be subject to permitting; and a market-based sulfur dioxide allowance program to control acid rain. With these measures, and others, the administration bill framed the issues for the ensuing clean air debate.

II. The House Bill, H.R. 3030

The House Energy and Commerce Committee adopted the administration bill as its markup vehicle. Markup on H.R. 3030 by the Health and Environment Subcommittee of the House Energy and Commerce Committee began on September 13, 1989, and was completed on March 14, 1990. The subcommittee sent the bill to the House Committee on Energy and Commerce, which substantially amended it. As reported by the full committee on May 17, 1990, by a vote of 42-1, H.R. 3030 consisted of eight titles: nonattainment, mobile sources, hazardous air pollutants, permits, acid deposition control, enforcement, miscellaneous provisions (providing for grants and establishing boards), and other provisions (reports and studies).

The House Committee on Energy and Commerce issued its report on H.R. 3030 on May 17, 1990. Although the bill was amended on the House floor, many of its provisions remained intact throughout consideration on the House floor and by the Conference Committee. Thus, House Report No. 490³ is the best overall source of legislative history for the final Act.

Parts of H.R. 3030 were referred to the House Committee on Public Works and Transportation and the House Committee on Ways and Means. Both committees reported the bill out on May 21, 1990, with some amendments. These amendments can be found in House Report No. 490, Part 2⁴ (Ways and Means amendments) and House Report No. 490, Part 3⁵ (Public Works and Transportation amendments).

The bill went to the floor for consideration by the full House on May 21, 1990. The Congressional Record for May 21, 1990, contains general debate on the H.R. 3030. The Committee on Rules waived points of order to allow consideration of the bill as reported by the Committee on Energy and Commerce and to allow consideration of only specified amendments or other amendments with the concurrence of Representatives Dingell, Lent, Waxman, and Madigan.⁶

During consideration on the House floor on May 23, 1990, amendments to H.R. 3030 addressing the following were adopted:

(1) Permits, enforcement, mineral fibers, solvents, asbestos, combustion of used oil in ships, fees and penalties, allowances for early reductions by utilities, research on health effects of air pollutants, rocket engine testing, Reid vapor pressure, hydrogen fuel cell vehicles, pipeline pump stations, planning assistance, air emissions regulated under the Resource Conservation and Recovery Act, small particulate matter, accidental releases, visibility protection, reformulated gas, lead poisoning centers, and U.S.-made products.⁷

(2) Extension of air pollution research programs.⁸

(3) Requirement that 10 percent of Clean Air Act research contracts be awarded to disadvantaged business concerns.⁹

(4) Authorization of $ 250 million for a five-year "Clean Air Employment Transition Assistance" program.¹⁰

(5) Extension of warranties on major auto emission control devices to eight years or 80,000 miles.¹¹

(6) Revision of the definition of maximum achievable control technology (MACT) for existing sources and the establishment of when modified sources would be subject to new source MACT.¹²

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(7) Regulation and elimination of chemicals that destroy the ozone layer.¹³

(8) Control of Continental Shelf air pollution from offshore oil and gas platforms.¹⁴

(9) Modification of the bill's clean fuel provisions.¹⁵

(10) Requirement of regulations for monitoring of carbon dioxide (CO) emissions of utilities.¹⁶

H.R. 3030, as amended, passed the House on May 23, 1990, by a vote of 401 to 21.¹⁷

III. The Senate Bill, S. 1630

The Senate Environmental Protection Subcommittee of the Committee on Environment and Public Works used S. 1630, an alternative clean air proposal introduced by Senator Baucus on September 14, 1989, as its markup vehicle. S. 1630, as introduced, contained three titles covering nonattainment, mobile sources, and enforcement.¹⁸ After markup by the Senate Subcommittee on Environmental Protection it had seven titles covering nonattainment, mobile sources, air toxics, acid deposition control, permits, enforcement, and stratospheric ozone protection. Generally, the nonattainment and mobile sources provisions came from the original S. 1630; the hazardous air emissions provisions from S. 816;¹⁹ the stratospheric ozone protection provisions from S. 491;²⁰ and the acid rain, permitting, and enforcement provisions from S. 1490. The Senate Environment and Public Works Committee considered the subcommittee's recommendations and by a vote of 15 to 1 ordered that S. 1630 be reported as an omnibus clean air bill on November 16, 1989.

The Senate Committee on the Environment and Public Works issued its report on S. 1630 on December 20, 1989.²¹ Because the bill was substantially amended later, Senate Report No. 228 is not very helpful in interpreting the final Act.

The full Senate began consideration of S. 1630 on January 23, 1990. In a letter to Senator Dole dated January 19, 1990, President Bush had threatened to veto S. 1630 due to the cost of implementing it, so from January 23 to January 31, much of the Senate debate focused on costs.²² Phase II standards for automobile tailpipe emissions, air toxic residual risk, and the reduction of sulfur dioxide emissions from utilities were other contentious issues addressed in the debate.

On February 1, 1990, Senate Majority Leader Mitchell withdrew S. 1630 from the floor and began closed-door negotiations with a panel of administration officials and Senate leaders. The panel's goal was to redraft the bill to reduce implementation costs to a level acceptable to the administration. On March 1, 1990, Senate leaders and administration officials announced that they had reached a compromise. On March 5, 1990, Senator Mitchell returned S. 1630 to the Senate floor, substituting the compromise bill for the bill that was originally reported by the Senate Committee on Environment and Public Works.²³

Debate on the compromise S. 1630 began on March 5 and continued until April 3, 1990. During this time, the bill was changed substantially by 111 amendments that would:

(1) Establish health-based standards for sources of ammonia emissions.²⁴

(2) Monitor acid rain in Canada.²⁵

(3) Facilitate the export and use of clean coal technology.²⁶

(4) Establish a National Urban Air Toxics Center.²⁷

(5) Require EPA to consult with other federal agencies when developing a safe alternatives policy for ozone depleters.²⁸

(6) Encourage early reductions in toxic air emissions by providing an extension of the date by which a source with early reductions must meet the MACT standard.²⁹

(7) Require EPA to conduct an analysis of Clean Air Act costs.³⁰

(8) Strike provisions allowing EPA to regulate emissions from facilities licensed by the Nuclear Regulatory Commission (NRC).³¹

(9) Require federal agencies to comply with applicable state implementation plan (SIP) provisions.³²

(10) Amend the emergency chemical release section of Title III to allow EPA to provide a greater threshold quantity or to exempt entirely any substance used as a nutrient in agriculture when held by a farmer (i.e., anhydrous ammonia).³³

(11) Exempt nurse tanks for transportation of anhydrous ammonia used in agriculture from emissions standards.³⁴

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(12) Provide that the fuel volatility provisions of Title II apply only to the 48 contiguous states and the District of Columbia.³⁵

(13) Modify Title I's coordination of transportation control measures.³⁶

(14) Provide exemptions from Title I for oil and natural gas stripper wells.³⁷

(15) Require use of codes developed by professional organizations in the chemical release prevention section of Title III.³⁸

(16) Make technical changes in the definition of "accidental release."³⁹

(17) Encourage mass transit.⁴⁰

(18) Allow construction of a trash to steam facility in Tennessee.⁴¹

(19) Study the effects of pollution from Southwest New Mexico on visibility.⁴²

(20) Modify federal procurement practices to prohibit use of harmful chemicals as substitutes for ozone depleters.⁴³

(21) Clarify that oil and gas production and exploration wells are excluded from the definition of "area source" in Title III.⁴⁴

(22) Establish implementation plans for international border areas.⁴⁵

(23) Provide for a study on magnetic levitation technology.⁴⁶

(24) Insert language in Title II requiring consideration of safety considerations when evaluating the need for onboard vapor recovery systems.⁴⁷

(25) Add a new title to the bill to amend the Toxic Substances Control Act to provide for asbestos abatement.⁴⁸

(26) Establish a program to construct pedestrian walkways.⁴⁹

(27) Include in Title VII a program to demonstrate the technical feasibility of alternatives to chlorofluorocarbon-12.⁵⁰

(28) Establish emission testing centers to monitor high-altitude conditions.⁵¹

(29) Establish a research center for the development of heavy-duty vehicles.⁵²

(30) Require states to adopt a small stationary source technical and environmental compliance assistance program.⁵³

(31) Require a determination of the impact of the Clean Air Act amendments on small communities.⁵⁴

(32) Authorize research on air pollution by the National Institute of Environmental Health Sciences.⁵⁵

(33) Strike the provision requiring a study of methane emissions from livestock.⁵⁶

(34) Amend the accident prevention section of Title III to require facilities to review substitute processes when reviewing the effectiveness of release control measures.⁵⁷

(35) Authorize funding for acid rain research.⁵⁸

(36) Require preparation of an environmental impact statement on the federal forest fire management policy.⁵⁹

(37) Add a section to the bill addressing visibility in Class I areas.⁶⁰

(38) Change Title IV such that utilities need not necessarily install expensive nitrogen oxide (NO) emissions control equipment by requiring new source performance standards (NSPS) to be based as much as possible on the lowest cost technology.⁶¹

(39) Require a study of the feasibility of requiring oxygenated fuels.⁶²

(40) Amend the requirements of Title I for extreme nonattainment areas to allow a SIP to anticipate the development of technology to reach attainment if the SIP has contingency measures and the state has created economic incentives for the development of such technology.⁶³

(41) Change fees into penalties.⁶⁴

(42) Allow lignite-fired power plants in attainment [22 ELR 10324] areas to maintain their 1985 levels of emissions under Title IV.⁶⁵

(43) Require EPA to correct errors in the Ntional Acid Precipitation Assessment Program emissions rate data from which the baselines of Phase II utility units will be calculated under Title IV.⁶⁶

(44) Provide in Title I that emissions reductions required by the Clean Air Act shall not be creditable as emissions reductions for the purposes of obtaining an offset.⁶⁷

(45) Provide for a program to monitor and improve air quality along the U.S.-Mexico border.⁶⁸

(46) Exempt small municipal utility units from the emission reduction requirements of Title IV.⁶⁹

(47) Clarify the provision in Title II regarding EPA's authority to establish lower vapor pressure requirements to control the volatility of fuels to require EPA to consider factors such as temperature, humidity, and safety.⁷⁰

(48) Tie the enforcement provisions of Title IV to the emergency waiver provisions of the Clean Air Act.⁷¹

(49) Preclude EPA from promulgating additional regulations establishing emissions standards for heavy-duty engines that would be effective prior to January 1, 2001.⁷²

(50) Aid independent power producers by exempting certain cogeneration facilities that commenced operation or held contracts prior to December 31, 1989, from Title IV by precluding interference with state competitive bidding programs for obtaining power and by allowing independent power producers to purchase credits from the shut-down of boilers that they replace.⁷³

(51) Allow states to exempt surface coal mine fugitive dust from measurement of particulate matter for prevention of significant deterioration (PSD) purposes under Title I, except in Class I areas.⁷⁴

(52) Allow states to reduce the period (the six winter months) during which oxygenated fuels must be sold by showing that no exceedances in the CO standard will result.⁷⁵

(53) Amend Title IV to change from 1986 to 1985 the date by which plants must have commenced operation to receive sulfur dioxide allowances under the title. (This change was intended to benefit two Wisconsin utilities that came on-line in 1985).⁷⁶

(54) Allow utilities to bank Phase I allowances for use in Phase II under Title IV.⁷⁷

(55) Make a technical amendment to the amendment discussed in paragraph 38 above.⁷⁸

(56) Provide incentives to persons replacing woodstoves with EPA-approved woodstoves.⁷⁹

(57) Give states the option under Title I of selecting to have federal funding for transportation shifted to programs to aid in reaching attainment.⁸⁰

(58) Require regulations to ensure that conventional gasoline sold after January 1, 1994, does not result in greater per gallon emissions of volatile organic compounds (VOCs), oxides of nitrogen (Nox), CO, and toxics than 1989 per gallon emissions.⁸¹

(59) Require EPA to establish significant emission levels for the list of 190 air toxics for the purpose of preconstruction review to determine whether a PSD determination need be made.⁸²

(60) Amend Title IV to improve the operation of allowance reserves, sales, and auctions.⁸³

(61) Require standardization of and easy access to emission control devices required under Title II to allow for easier servicing.⁸⁴

(62) Establish a program to encourage voluntary removal from use and the marketplace of pre-1980 model year vehicles.⁸⁵

(63) Require EPA to investigate the feasibility of using ethanol and high erucic acid rapeseed oil as a substitute for diesel fuel.⁸⁶

(64) Extend EPA's study of VOCs.⁸⁷

(65) Ensure that intellectual property rights are not compromised by the MACT provisions of Title III.⁸⁸

(66) Strike the part of the amendment regarding the protection of stratospheric ozone discussed in paragraph 7 above that authorizes $ 75 million to be spent on encouraging foreign countries to join the Montreal protocol.⁸⁹

(67) Establish guidelines for alternative work schedules for federal agencies in nonattainment areas.⁹⁰

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(68) Promote the development of solar and renewable energy.⁹¹

(69) Require EPA to study rural nonattainment areas.⁹²

(70) Allow amendment of SIP CO provisions if not economically feasible.⁹³

(71) Amend the definition of "utility unit" in Title IV to make it clear that the title applies only to the 48 contiguous states and the District of Columbia.⁹⁴

(72) Requires that EPA's research and investigations ensure appropriate activity is conducted by the Agency.⁹⁵

(73) Amend Title IV to protect minority owners of utilities by defining the "designated representative" of a utility with respect to allowance trading and by providing that all owners hold allowances in proportion to their ownership share.⁹⁶

(74) Encourage utilities to use natural gas by exempting a modification to switch to natural gas from NSPS and PSD review.⁹⁷

(75) Extend until 1992 the date for prohibition of leaded gasoline under Title II.⁹⁸

(76) Require a study of asbestos hazards.⁹⁹

(77) Require sources of coke oven emissions that qualify for an extension of time for installation of MACT to make available to surrounding communities any risk assessment performed by EPA.¹⁰⁰

(78) Provide sulfur dioxide allowances to small diesel refineries based on reductions in sulfur dioxide emissions attributable to desulfurization of diesel fuels.¹⁰¹

(79) Require reformulated and oxygenated fuels in certain ozone nonattainment areas to replace toxic fuel additives.¹⁰²

(80) Strike language from Title I requiring mandated car pooling, providing for encouragement to car pool instead.¹⁰³

(81) Strike a provision in Title III that would allow plants to purchase surrounding land instead of decreasing emissions to reduce residual risk from emissions after installation of MACT (i.e., creation of "dead zones.")¹⁰⁴

(82) Allow federal power marketing agencies to use fossil fuels when inadequate hydroelectric power is generated.¹⁰⁵

(83) Exempt fugitive dust from hardrock and noncoal mining from the measurement of particulate matter for PSD purposes under Title I.¹⁰⁶

(84) Deem domestic production of crude oil and natural gas from the North Slope of Alaska to be a national security interest for the purpose of exemption from the halon phaseout to be required under Title VII.¹⁰⁷

(85) Allow companies that test rocket engines to offset emissions by alternative or innovative means, including payment of an emissions fee.¹⁰⁸

(86) Delay from 1991 to 1992 the date by which urban buses must meet emissions standards under Title II.¹⁰⁹

(87) Require a study on the effects of cold temperature on oxygenated fuels.¹¹⁰

(88) Require SIPs for extreme areas to include economic incentives.¹¹¹

(89) Provide for uniform criteria in Title I for transportation project conformity determinations.¹¹²

(90) Prohibit relaxation of schedules in approved SIPs.¹¹³

(91) Clarify the roles of federal agencies involved in the prevention of chemical accidents under Title III.¹¹⁴

(92) Clarify that antitrust laws are applicable to allowance trading programs under Title IV.¹¹⁵

(93) Exempt pesticides used in commercial agricultural operations that are regulated under the Federal Insecticide, Fungicide, and Rodenticide Act from regulation under Title III.¹¹⁶

(94) Require NSPS under Title I for municipal solid waste incinerators, including source separation and recycling.¹¹⁷

(95) Require alternative-fueled fleets in CO non-attainment areas.¹¹⁸

(96) Clarify that under Title III, area sources [22 ELR 10326] subject to technology-based standards will not be subject to residual risk standards.¹¹⁹

(97) Allow EPA to exclude laboratory emissions from the aggregate emissions of a source when determining if the source is "major" for the purposes of applying MACT standards.¹²⁰

(98) Delineate private and federal government clean-fueled fleet programs in Title II.¹²¹

(99) Address the unique chemical substances found in the categories of air toxics listed in Title III to allow EPA to regulate on the basis of what unique chemical substance is found in the emissions, and not on the basis of a broad category (except for coke oven emissions, mineral fibers, and polycyclic organic matter).¹²²

(100) Redefine "reconstruction" as it applies to a source of coke oven emissions under Title III to clarify that reconstruction will not subject a source that qualifies for an extension of time to residual risk standards by an earlier date.¹²³

(101) Require EPA to study acid rain in the western United States.¹²⁴

(102) Extend allowances for gas-burning utility units beyond 2010 and allocate additional allowances to small municipally owned utilities, utilities that use renewable energy, utilities in Florida, a Michigan utility, a Wisconsin utility, and certain Ohio utilities.¹²⁵

(103) Require EPA to consider the results of studies on mercury and particulate emissions from electric utility steam generating units before regulating these units under Title III.¹²⁶

(104) Provide for the establishment of a high-altitude research center.¹²⁷

(105) Preclude regulation of radionuclide emissions under Title III if EPA and the NRC determine that NRC regulation provides an ample margin of safety, but allow states to implement more stringent standards for radionuclides.¹²⁸

(106) Authorize a study of toxic emissions from tire recycling facilities and examine the feasibility of tire recycling.¹²⁹

(107) Allow EPA to authorize production of halons beyond the dateof phaseout in Title VII if necessary for aviation safety purposes.¹³⁰

(108) Make "technical" amendments: 42 amendments to Title I, including additional requirements for sulfur dioxide, NO, and lead nonattainment areas, and amendment of the savings clause; over 171 amendments to Title II, including the addition of a new section on fuel and fuel additives importers; two amendments to Title VII; and 15 amendments to Title VI, including a defense to the crime of endangerment when in compliance with applicable emissions limitations.¹³¹

(109) Make a technical amendment to Title IV.¹³²

(110) Make technical amendments to Title III, including adding definitions, changing chemical descriptions in the list of 190 air toxics, and requiring a health-based threshold for hydrogen sulfide.¹³³

(111) Make technical amendments to Title IV regarding state clean coal technology incentive programs.¹³⁴

S. 1630, as amended, passed the Senate by a vote of 89 to 11 on April 3, 1990.¹³⁵

IV. The Conference Agreement

Following passage in both the House and the Senate, the Clean Air Act Amendments of 1990 were referred to the Conference Committee. The Conference Committee consisted of nine members from the Senate¹³⁶ and 138 members from the House.¹³⁷ While, for the most part the conferees adopted as a framework either the Senate or (more often) the House version of a title of the bill, within those frameworks, the conferees made many amendments. As the conference report for the 328-page final Act is only 15 pages,¹³⁸ there is little or no explanation of the amendments made by the Conference Committee.

The following is a title by title description of the agreement reached by the House and Senate conferees:

A. Title I — Nonattainment

The conferees adopted the House version of Title I.¹³⁹

B. Title II — Mobile Sources

The conference agreement on mobile sources, reached on [22 ELR 10327] October 10, 1990, contains a mixture of House and Senate provisions. In summary, the conferees (1) added language to § 177 to make it clear that states may not adopt or enforce a "third vehicle" standard; (2) adopted the House alternative fuels program, but changed the fleet program to accelerate the date clean-fueled light-duty cars and trucks must be purchased to 1998, if available in California by that year; (3) adopted the House tier I tailpipe standards (the Dingell-Waxman-Lent agreement of September 1989); (4) adopted primarily the House tier I tailpipe standards, but changed the NO_x standard and extended the useful-life requirements; (5) adopted new California tailpipe standards for light-duty trucks; (6) adopted the Senate NO_x standards for heavy-duty engines; (7) adopted the Senate cold start CO standards, with some changes; (8) adopted modified language for on-board controls, nonroad engines and vehicles, urban buses, and reformulated gasoline; and (9) adopted the Senate federal test procedures modification provision, with small changes.¹⁴⁰

C. Title III — Air Toxics

The agreement on air toxics is a mixture of provisions from the Senate and House bills, with amendments. The conferees adopted the House list of 189 air toxics, the Senate provisions extending the deadline by which coke ovens must meet residual risk standards, and Senate provisions eliminating dual EPA-NRC regulation of radionuclides. The conferees adopted the House area source provision. The conferees took the middle ground between the House and Senate definitions of MACT for existing sources. The conferees also adopted the House definition of "residual risk," but placed a floor on "ample margin of safety" at a one in one million cancer risk to the person in the general population most exposed to emissions from a source in the category. The conferees adopted the Senate provisions for municipal incinerators, but dropped the ash management guidelines and set the length of the permit at 12 years, as a compromise between the House five-year provision and the Senate 30-year provision. Finally, the conferees adopted a House provision to study utility air toxics prior to setting standards and amended a House proposal on air pollution effects on the Great Lakes to require a study only.¹⁴¹

D. Title IV — Acid Rain

The conferees generally adopted the Senate version of the acid rain title. Twelve "technical" changes were made, including allocation of additional allowances to certain utilities, adoption of the House permitting provisions, and changes in the definition of "utility unit" and "existing utility unit" to exempt small plants and broaden the class of plants currently under construction that are either exempted entirely or allocated allowances.¹⁴²

E. Title V — Permits

The conferees agreed to the House permit provisions with certain modifications, including modifications relating to use of fees, judicial review of final permit actions, sanctions against states, monitoring and reporting requirements, and an annual certification of compliance. In addition, the conferees modified the permit shield and EPA permit review language of both bills. The conferees also agreed to include an amended version of the small business stationary source assistance provisions of the House permit title.¹⁴³

F. Title VI — Stratospheric Ozone Protection

The conferees adopted a combination of House and Senate provisions relating to stratospheric ozone protection: the Senate listings of ozone depleters, the House monitoring and reporting provisions, and the Senate recycling and disposal provisions. The conferees merged the House and Senate safe alternatives policy and nonessential consumer products provisions and compromised between the two bills on the phaseout deadlines.

G. Title VII — Enforcement

The conferees adopted the House enforcement provisions, with five "technical" modifications deleting language on de minimis violations, allowing citizens suits for past violations, adopting the Senate emergency powers provision, and modifying exemption from liability for non-senior management personnel to make knowing violations by such persons criminal.¹⁴⁴

H. Title VIII — Miscellaneous Provisions

The conferees adopted the House provisions regarding Outer Continental Shelf air pollution, the Senate provision on visibility, and miscellaneous provisions from both bills, primarily relating to studies and reports.¹⁴⁵

I. Title IX — Clean Air Research

The conferees adopted the House provisions for Clean Air research, with some technical changes from the Senate bill (i.e., adoption of the Senate proposal to continue acid rain research and the Senate western lakes and waters research provision).¹⁴⁶

J. Title X — Disadvantaged Business Concerns

The conferees adopted the House provisions relating to disadvantaged business concerns.¹⁴⁷

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K. Title XI — Clean Air Employment Transition Assistance

The conferees adopted the House provisions for employment transition assistance (the Wise amendment) with some modifications.¹⁴⁸

V. Debate on the Conference Report

During debate on the Conference Report, a number of Congressmembers attempted to supplement the meager Conference Report with statements in the Congressional Record. These statements have caused much controversy; some members have been accused of last-ditch efforts to change the meaning of the Act after losing battles in conference. Among the statements made on the floor of the House and Senate as submitted for the record during debate on the Conference Report on October 26, 1990, were the following:

(1) Section-by-Section Analysis of Title I — Provisions for Attainment and Maintenance of National Ambient Air Quality.¹⁴⁹

(2) Statement of Rep. Sharp discussing Title II, Mobile Sources (including pooling) and Title IV, Acid Rain (including the WEPCo issue).¹⁵⁰

(3) Remarks on Title II, Alternative Fuels; Title I, Nonattainment; Title IV, Acid Rain; and Title III, Air Toxics.¹⁵¹

(4) Remarks on the scope of the definition of fleet vehicles in Title II.¹⁵²

(5) Colloquy on the regulation of VOCs in consumer products.¹⁵³

(6) Remarks on exemptions from Title III, Air Toxics, for NRC-regulated radionuclides.¹⁵⁴

(7) Explanation of Title III Coke Oven Provisions.¹⁵⁵

(8) Air Pollution from Outer Continental Shelf Activities, Clean Air Act Amendments of 1990.¹⁵⁶

(9) Discussion of the regulation of ammonia under Title III and VOCs in consumer products under Title I.¹⁵⁷

(10) Discussion of Title II, Mobile Sources (including pooling) and Title II, Stratospheric Ozone Protection (including use of hydrochlorofluorocarbons as substitutes).¹⁵⁸

(11) Discussion of NO_x controls in Title IV, Acid Rain.¹⁵⁹

(12) Colloquy on the definition of MACT under Title III, Air Toxics.¹⁶⁰

(13) Colloquy on emission standards for municipal incinerators.¹⁶¹

(14) Colloquy on the definition of "source category" under Title III, Air Toxics.¹⁶²

(15) Discussion of Title IV, Acid Rain (including baseline for emissions reductions), radionuclide emissions under Title III, Air Toxics, and Title II, Mobile Sources (including pooling).¹⁶³

Among the statements made on the floor of the House and Senate or submitted for the record on October 27, 1990, were the following:

(1) Discussion of the regulation of NRC licensees under Title III.¹⁶⁴

(2) Discussion of Title IV, Acid Rain (including the WEPCo issue regarding new source review and clean coal technology and draft EPA interpretive ruling on this matter).¹⁶⁵

(3) Discussion of reformulated gasoline under Title II (including a statement that the elements apply to every gallon, seeming to preclude pooling), municipal waste composition under Title III, urban buses under Title II, hazardous air pollutants under Title III (including an explanation of the definition of "MACT" and the definition of "major source" with reference to a draft paper by EPA on the subject), utility emissions of toxics, coke ovens, and residual risk.¹⁶⁶

(7) Chafee-Baucus Statement of Senate Managers, S. 1630, The Clean Air Act Amendments of 1990.¹⁶⁷

(8) Discussion of allowances for small diesel refineries.¹⁶⁸

(9) EPA draft report on energy impacts and costs.¹⁶⁹

(10) Clean Air Act Conference Report.¹⁷⁰

S. 1630, as reported by the Conference Committee, passed by 401 to 25 in the House on October 26, 1990,¹⁷¹ and by 89 to 10 in the Senate on October 27, 1990.¹⁷²

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VI. Post-Passage "Legislative History"

Attempts to create legislative history continued in the November 2, 1990, Congressional Record, after passage of S.1630 by the House and Senate. Among the statements made and extension of remarks submitted on that date were the following:

(1) The Legislative History of Section 177 in the Clean Air Act Amendments of 1990¹⁷³ (statement of Senator Symms contradicting earlier record statements claiming the discretion to create "third vehicle" standards and the discretion to require that each car be tested to see if it meets the California standards and contradicting the statements of other senators on civil penalties, and tier II tailpipe standards).

(2) Conference Report to S. 1630, the Clean Air Act Regarding Onboard Vapor Recovery Canisters¹⁷⁴ (statement of Senator Coats).

(3) Clean Air Act Amendments of 1990¹⁷⁵ (statement of Senator Nickles denouncing attempts by other senators to change the meaning of provisions of Title II regarding pooling for the reformulated gasoline program, marketable credits, EPA waivers to delay oxygenated fuel requirements, and the prohibition of "third vehicle" standardsunder Section 177).

(4) Clean Air Act Amendments¹⁷⁶ (statement of Senator Moynihan noting a lack of legislative language in the Conference Report on S. 1630 on emissions averaging and stating that this should be viewed as allowing previously existing law to remain in effect).

(5) Extension of remarks submitted by Representative Sharp¹⁷⁷ (clarifying an intent to maintain the status quo on emissions averaging and inserting correspondence from the administration on the WEPCo issue).

(6) Extension of remarks submitted by Representative Bilirakis¹⁷⁸ (discussing permitting under Title V, including a discussion of "contiguous" for the purpose of defining sources, a discussion of completeness, fees, the "permit shield," notification, and relationship of permits to SIPs).

(7) Extension of remarks submitted by Representative Fields¹⁷⁹ (discussing designation of ozone nonattainment areas, percent reduction requirements, NO_x, SIP revisions to opt into the clean-fueled car program under Title I; the California clean-fueled car program, averaging and pooling of reformulated gasoline, mobile source-related air toxics, regulations and heavy metals under Title II; oil and gas wells under Title III; and criminal provisions and citizen suits under Title VII).

(8) Extension of remarks submitted by Representative Coleman¹⁸⁰ (discussing a program to monitor air quality along the U.S.-Mexico border).

(9) Extension of remarks submitted by Representative Lent¹⁸¹ (discussing decisions of the conferees regarding Title I (noting House provisions were adopted), Title II (noting that clean fuel cars are to be exempt from transportation control measures), Title III (noting MACT does not equal lowest achievable emission rate), and Title V (noting EPA permit review and citizen petition provisions)).

(10) Extension of remarks submitted by Representative Waxman¹⁸² (clarifying the legislative history of the Clean Air Act Amendments of 1990 and criticizing Representative Sharp's interpretation of the reformulated gasoline and anti-dumping provisions of Title II, and Representative Anderson's statement on the use of highway sanctions).

(11) Extension of remarks submitted by Representative Luken¹⁸³ (explaining the provisions of Title III relating to coke ovens).

(12) Extension of remarks submitted by Representative Madigan¹⁸⁴ (clarifying the legislative history and the consensus of the Conference Committee on the reformulated gasoline and oxygenated gasoline provisions of Title II).

(13) Extensions of remarks submitted by Representative Rowland¹⁸⁵ (discussing the risk management study provision).

(14) Extension of remarks submitted by Representative Carr¹⁸⁶ (discussing the safety of onboard vapor recovery systems).

(15) Extension of remarks submitted by Representative Dingell¹⁸⁷ (discussing costs of implementation and stating that the Conference Report needs little interpretation beyond what was provided in the House Committee Report and on the Senate floor and noting sources of legislative history that apply to various sections).

Contrary to Representative Dingell's assertion in the November 2, 1990, Congressional Record, the Clean Air Act Amendments of 1990 are not self-explanatory. As the implementation process continues, many issues are certain to arise. Unfortunately, the parties to those disputes are likely to find little guidance from the published committee reports and may find direct, but conflicting, guidance in the Congressional Record.

1. See H.R. 3030, 101st Cong., 1st Sess., 135 CONG. REC. H4458 (daily ed. July 27, 1989).

2. See S. 1490, 101st Cong., 1st Sess., 135 CONG. REC. S9934 (daily ed. Aug. 4, 1989).

3. H.R. REP. NO. 490, 101st Cong., 2d Sess., pt. 1 (1990).

4. H.R. REP. NO. 490, 101st Cong., 2d Sess., pt. 2 (1990).

5. H.R. REP. NO. 490, 101st Cong., 2d Sess., pt. 3 (1990).

6. See 136 CONG. REC. H2756 (daily ed. May 23, 1990).

7. 136 CONG. REC. H2832 (daily ed. May 23, 1990) (Rep. Dingell).

8. 136 CONG. REC. H2863 (daily ed. May 23, 1990) (Rep. Roe).

9. 136 CONG. REC. H2867 (daily ed. May 23, 1990) (Rep. Dynnally).

10. 136 CONG. REC. H2876 (daily ed. May 23, 1990) (Rep. Wise).

11. 136 CONG. REC. H2898 (daily ed. May 23, 1990) (Rep. Sikorski).

12. 136 CONG. REC. H2902 (daily ed. May 23, 1990) (Rep. Dingell).

13. 136 CONG. REC. H2904 (daily ed. May 23, 1990) (Rep. Dingell).

14. 136 CONG. REC. H2915 (daily ed. May 23, 1990) (Rep. Dingell).

15. 136 CONG. REC. H2924 (daily ed. May 23, 1990) (Rep. Dingell).

16. 136 CONG. REC. H2933 (daily ed. May 23, 1990) (Rep. Cooper).

17. The text of the amended bill can be found at 136 CONG. REC. H3171 (daily ed. June 5, 1990).

18. See S. 1630, 101st Cong., 1st Sess., 135 CONG. REC. S11139 (daily ed. Sept. 14, 1989).

19. See S. 816, 101st Cong., 1st Sess., 135 CONG. REC. S4154 (daily ed. April 18, 1989) (introduced by Sen. Durenberger).

20. S. 491 was introduced by Senator Chafee on March 2, 1989. See S. 491, 101st Cong., 1st Sess., 135 CONG. REC. S2001 (daily ed. Mar. 2, 1989).

21. S. REP. NO. 228, 101st Cong., 1st Sess. (1989).

22. Only two amendments passed during this period: an amendment offered by Senator Chafee to add methyl chloroform to the list of ozone depleters to be controlled by the bill and an amendment offered by Senator Baucus to require a control technique guideline for the aerospace industry. 136 CONG. REC. S630 (daily ed. Jan. 23, 1990).

23. See 136 CONG. REC. S2030 (daily ed. Mar. 5, 1990).

24. 136 CONG. REC. S2170 (daily ed. Mar. 6, 1990) (Sen. Baucus).

25. 136 CONG. REC. S2176 (daily ed. Mar. 6, 1990) (Sen. McConnell).

26. 136 CONG. REC. S2177 (daily ed. Mar. 6, 1990) (Sen. McConnell).

27. 136 CONG. REC. S2177 (daily ed. Mar. 6, 1990) (Sen. Baucus for Sen. Bentsen).

28. 136 CONG. REC. S2233 (daily ed. Mar. 7, 1990) (Sen. McCain).

29. 136 CONG. REC. S2240 (daily ed. Mar. 7, 1990) (Sen. Sanford).

30. 136 CONG. REC. S2251 (daily ed. Mar. 7, 1990) (Sen. Moynihan).

31. 136 CONG. REC. S2253 (daily ed. Mar. 7, 1990) (Sen. Glenn).

32. 136 CONG. REC. S2282 (daily ed. Mar. 7, 1990) (Sens. Stevens and Murkowski).

33. 136 CONG. REC. S2284 (daily ed. Mar. 7, 1990) (Sen. Kerrey).

34. 136 CONG. REC. S2286 (daily ed. Mar. 7, 1990) (Sen. Dole).

35. 136 CONG. REC. S2291 (daily ed. Mar. 7, 1990) (Sen. Inouye).

36. 136 CONG. REC. S2300 (daily ed. Mar. 7, 1990) (Sen. Moynihan).

37. 136 CONG. REC. S2301 (daily ed. Mar. 7, 1990) (Sen. Dole).

38. 136 CONG. REC. S2301 (daily ed. Mar. 7, 1990) (Sen. Dole).

39. 136 CONG. REC. S2301 (daily ed. Mar. 7, 1990) (Sen. Dole).

40. 136 CONG. REC. S2384 (daily ed. Mar. 8, 1990) (Sen. Gore).

41. 136 CONG. REC. S2403 (daily ed. Mar. 8, 1990) (Sens. Sasser and Gore).

42. 136 CONG. REC. S2404 (daily ed. Mar. 8, 1990) (Sen. Bingaman).

43. 136 CONG. REC. S2416 (daily ed. Mar. 8, 1990) (Sen. Gore).

44. 136 CONG. REC. S2586 (daily ed. Mar. 9, 1990) (Sen. Boren).

45. 136 CONG. REC. S2586 (daily ed. Mar. 9, 1990) (Sen. Gramm).

46. 136 CONG. REC. S2591 (daily ed. Mar. 9, 1990) (Sen. Baucus for Sen. Moynihan).

47. 136 CONG. REC. S2591 (daily ed. Mar. 9, 1990) (Sen. Baucus for Sen. Coats).

48. 136 CONG. REC. S2600 (daily ed. Mar. 9, 1990) (Sen. Reid for Sen. Metzenbaum).

49. 136 CONG. REC. S2608 (daily ed. Mar. 9, 1990) (Sen. Jeffords).

50. 136 CONG. REC. S2609 (daily ed. Mar. 9, 1990) (Sen. Jeffords).

51. 136 CONG. REC. S2715 (daily ed. Mar. 20, 1990) (Sens. Wirth and Armstrong).

52. 136 CONG. REC. S2715 (daily ed. Mar. 20, 1990) (Sens. Wirth and Armstrong).

53. 136 CONG. REC. S2827 (daily ed. Mar. 21, 1990) (Sens. Boschwitz and Boren).

54. 136 CONG. REC. S2829 (daily ed. Mar. 21, 1990) (Sen. Chafee for Sen. Dole).

55. 136 CONG. REC. S2830 (daily ed. Mar. 21, 1990) (Sen. Baucus for Sen. Dole).

56. 136 CONG. REC. S2870 (daily ed. Mar. 21, 1990) (Sen. Symms).

57. 136 CONG. REC. S2871 (daily ed. Mar. 21, 1990) (Sen. Chafee for Sen. Dole).

58. 136 CONG. REC. S2872 (daily ed. Mar. 21, 1990) (Sen. Simpson).

59. 136 CONG. REC. S2873 (daily ed. Mar. 21, 1990) (Sen. Simpson).

60. 136 CONG. REC. S2885 (daily ed. Mar. 21, 1990) (Sen. Adams).

61. 136 CONG. REC. S2976 (daily ed. Mar. 22, 1990) (Sen. Chafee for Sen. Lott).

62. 136 CONG. REC. S2984 (daily ed. Mar. 22, 1990) (Sen. Simon).

63. 136 CONG. REC. S2989 (daily ed. Mar. 22, 1990) (Sen. Baucus for Sen. Cranston).

64. 136 CONG. REC. S2986 (daily ed. Mar. 22, 1990) (Sen. Baucus for Sen. Cranston).

65. 136 CONG. REC. S2987 (daily ed. Mar. 22, 1990) (Sen. Baucus for Sen. Burdick).

66. 136 CONG. REC. S2988 (daily ed. Mar. 22, 1990) (Sen. Levine).

67. 136 CONG. REC. S2988 (daily ed. Mar. 22, 1990) (Sen. McClure).

68. 136 CONG. REC. S2991 (daily ed. Mar. 22, 1990) (Sen. DeConcini).

69. 136 CONG. REC. S2999, S3029 (daily ed. Mar. 22, 1990) (Sen. Bond).

70. 136 CONG. REC. S3000 (daily ed. Mar. 22, 1990) (Sens. McClure and Johnston).

71. 136 CONG. REC. S3025 (daily ed. Mar. 22, 1990) (Sen. Coats).

72. 136 CONG. REC. S3026 (daily ed. Mar. 22, 1990) (Sen. Coats).

73. 136 CONG. REC. S3026 (daily ed. Mar. 22, 1990) (Sen. Wirth).

74. 136 CONG. REC. S3028 (daily ed. Mar. 22, 1990) (Sen. Simpson).

75. 136 CONG. REC. S3030 (daily ed. Mar. 22, 1990) (Sen. Domenici).

76. 136 CONG. REC. S3192 (daily ed. Mar. 26, 1990) (Sen. Baucus for Sen. Kohl).

77. 136 CONG. REC. S3192 (daily ed. Mar. 26, 1990) (Sen. Baucus for Sen. Kasten).

78. 136 CONG. REC. S3191 (daily ed. Mar. 26, 1990) (Sen. Chafee for Sen. Lott).

79. 136 CONG. REC. S3193 (daily ed. Mar. 26, 1990) (Sen. Symms).

80. 136 CONG. REC. S3261 (daily ed. Mar. 27, 1990) (Sen. Bingaman).

81. 136 CONG. REC. S3267 (daily ed. Mar. 27, 1990) (Sen. Johnston).

82. 136 CONG. REC. S3268 (daily ed. Mar. 27, 1990) (Sen. Dole).

83. 136 CONG. REC. S3268 (daily ed. Mar. 27, 1990) (Sen. Johnston).

84. 136 CONG. REC. S3271 (daily ed. Mar. 27, 1990) (Sen. Gore).

85. 136 CONG. REC. S3347 (daily ed. Mar. 28, 1990) (Sen. Roth).

86. 136 CONG. REC. S3347 (daily ed. Mar. 28, 1990) (Sen. Symms).

87. 136 CONG. REC. S3348 (daily ed. Mar. 28, 1990) (Sens. Simon and Dixon).

88. 136 CONG. REC. S3349 (daily ed. Mar. 28, 1990) (Sen. Spector).

89. 136 CONG. REC. S3350 (daily ed. Mar. 28, 1990) (Sen. Helms).

90. 136 CONG. REC. S3327 (daily ed. Mar. 28, 1990) (Sens. Wirth and Armstrong).

91. 136 CONG. REC. S3357 (daily ed. Mar. 28, 1990) (Sen. McCain).

92. 136 CONG. REC. S3364 (daily ed. Mar. 28, 1990) (Sen. Domenici).

93. 136 CONG. REC. S3368 (daily ed. Mar. 28, 1990) (Sens. Murkowski and Stevens).

94. 136 CONG. REC. S3369 (daily ed. Mar. 28, 1990) (Sen. Murkowski).

95. 136 CONG. REC. S3370 (daily ed. Mar. 28, 1990) (Sen. Reid).

96. 136 CONG. REC. S3377 (daily ed. Mar. 28, 1990) (Sen. Sanford).

97. 136 CONG. REC. S3383 (daily ed. Mar. 28, 1990) (Sen. Bumpers).

98. 136 CONG. REC. S3387 (daily ed. Mar. 28, 1990) (Sen. Exon).

99. 136 CONG. REC. S3504 (daily ed. Mar. 29, 1990) (Sen. Chafee for Sens. Wallop and Simpson).

100. 136 CONG. REC. S3508 (daily ed. Mar. 29, 1990) (Sen. Metzenbaum).

101. 136 CONG. REC. S3509 (daily ed. Mar. 29, 1990) (Sen. Chafee for Sen. Symm).

102. 136 CONG. REC. S3514 (daily ed. Mar. 29, 1990) (Sen. Daschle).

103. 136 CONG. REC. S3526 (daily ed. Mar. 29, 1990) (Sen. Symms).

104. 136 CONG. REC. S3580 (daily ed. Mar. 30, 1990) (Sen. Gore).

105. 136 CONG. REC. S3657 (daily ed. Apr. 2, 1990) (Sen. Pressler).

106. 136 CONG. REC. S3657 (daily ed. Apr. 2, 1990) (Sen. Chafee for Sen. Hatch).

107. 136 CONG. REC. S3667 (daily ed. Apr. 2, 1990) (Sens. Stevens and Murkowski).

108. 136 CONG. REC. S3668 (daily ed. Apr. 2, 1990) (Sen. Warner).

109. 136 CONG. REC. S3670 (daily ed. Apr. 2, 1990) (Sen. Durenberger).

110. 136 CONG. REC. S3687 (daily ed. Apr. 2, 1990) (Sen. Stevens).

111. 136 CONG. REC. S3688 (daily ed. Apr. 2, 1990) (Sen. Durenberger for Sen. Wilson).

112. 136 CONG. REC. S3689 (daily ed. Apr. 2, 1990) (Sen. Durenberger for Sen. Wilson).

113. 136 CONG. REC. S3692 (daily ed. Apr. 2, 1990) (Sen. Mitchell for Sens. DeConcini and McCain).

114. 136 CONG. REC. S3743 (Apr. 3, 1990) (Sen. Jeffords).

115. 136 CONG. REC. S3745 (daily ed. Apr. 3, 1990) (Sen. Baucus for Sen. Metzenbaum).

116. 136 CONG. REC. S3745 (daily ed. Apr. 3, 1990) (Sen. Dole).

117. 136 CONG. REC. S3756 (daily ed. Apr. 3, 1990) (Sen. Dole).

118. 136 CONG. REC. S3766 (daily ed. Apr. 3, 1990) (Sen. Wirth).

119. 136 CONG. REC. S3768 (daily ed. Apr. 3, 1990) (Sen. Symms and McClure).

120. 136 CONG. REC. S3769 (daily ed. Apr. 3, 1990) (Sen. Harkin).

121. 136 CONG. REC. S3770 (daily ed. Apr. 3, 1990) (Sen. Gramm).

122. 136 CONG. REC. S3771 (daily ed. Apr. 3, 1990) (Sen. Spector).

123. 136 CONG. REC. S3772 (daily ed. Apr. 3, 1990) (Sen. Spector).

124. 136 CONG. REC. S3774 (daily ed. Apr. 3, 1990) (Sen. Chafee for Sens. Boschwitz and McCain).

125. 136 CONG. REC. S3778 (daily ed. Apr. 3, 1990) (en bloc Title IV allowance amendments) (Sen. Baucus for Sen. Mitchell).

126. 136 CONG. REC. S3790 (daily ed. Apr. 3, 1990) (Sen. Baucus for Sen. Heflin).

127. 136 CONG. REC. S3791 (daily ed. Apr. 3, 1990) (Sen. Wirth and Armstrong).

128. 136 CONG. REC. S3797 (daily ed. Apr. 3, 1990) (Sen. Simpson).

129. 136 CONG. REC. S3799 (daily ed. Apr. 3, 1990) (Sen. Baucus).

130. 136 CONG. REC. S3717 (daily ed. Apr. 3, 1990) (Sen. Baucus).

131. 136 CONG. REC. S3801 (daily ed. Apr. 3, 1990) (Sens. Chafee and Baucus).

132. 136 CONG. REC. S3802 (daily ed. Apr. 3, 1990) (Sen. Baucus).

133. 136 CONG. REC. S3802 (daily ed. Apr. 3, 1990) (Sen. Durenberger).

134. 136 CONG. REC. S3804 (daily ed. Apr. 3, 1990) (Sen. Baucus).

135. The text of the amended bill can be found at 138 CONG. REC. S4363 (daily ed. Apr. 18, 1990).

136. The Senate conferees were Senators Burdick, Moynihan, Mitchell, Baucus, Chafee, Simpson, Bentson, Packwood, and Durenburger. See 136 CONG. REC. S7541 (daily ed. June 6, 1990).

137. The House conferees, drawn from seven committees, are listed at 136 CONG. REC. H4377 (daily ed. June 28, 1990). Four additional House conferees were named on August 3, 1990. See 136 CONG. REC. H6908 (daily ed. Aug. 3, 1990).

138. See H.R. REP. NO. 952, 101st Cong., 2d Sess. (1990).

139. See Memorandum from Senator Baucus, Chairman of Senate Conferees, and Representative Dingell, Chairman of House Conferees, to House-Senate Conferees on S. 1630 (Sept. 14, 1990).

140. See Memorandum from Senator Baucus, Summary of Agreement on Title II, Mobile Sources (Oct. 22, 1990). See also CONG. Q., Oct. 13, 1990, at 3480.

141. See Memorandum from Senator Baucus, Summary of Title III of the Clean Air Act Amendments of 1990 (Oct. 22, 1990). See also CONG. Q., Oct. 20, 1990, at 3497.

142. See Memorandum from Senator Baucus, Joint Staff Recommendation on Acid Rain (Oct. 22, 1990).

143. See Memorandum from Senator Baucus, Chairman of Senate Conferees, and Representative Dingell, Chairman of House Conferees, to House-Senate Conferees on S. 1630 (Sept. 14, 1990).

144. See Memorandum from Senator Baucus, Summary of Provisions Relating to Enforcement (Oct. 22, 1990) (Appendix 14A)

145. See Memorandum from Senator Baucus, Chairman of Senate Conferees, and Representative Dingell, Chairman of House Conferees, to House-Senate Conferees on S. 1630 (Oct. 22, 1990).

146. Id.

147. Id.

148. Id.

149. 136 CONG. REC. H12853-55 (submitted by Reps. Anderson, Hammerschmidt, Mineta, and Shuster).

150. 136 CONG. REC. H12855-61.

151. 136 CONG. REC. H12867-69 (submitted by Rep. Fields).

152. 136 CONG. REC. H12876 (submitted by Rep. McEwen).

153. 136 CONG. REC. H12880-81 (questions by Rep. Waxman and answers by Rep. Dingell).

154. 136 CONG. REC. H12881 (submitted by Rep. Syner).

155. 136 CONG. REC. H12887 (submitted by Rep. Eckart).

156. 136 CONG. REC. H12889-90 (submitted by Rep. Lagomarsino).

157. 136 CONG. REC. H12897-99 (statement of Rep. Bruce).

158. 136 CONG. REC. H12899-909 (submitted by Rep. Hall).

159. 136 CONG. REC. S17237-38 (statement of Sen. Lott).

160. 136 CONG. REC. S17238 (questions by Sen. Dole and answers by Sen. Durenberger).

161. 136 CONG. REC. S17241 (questions by Sen. Graham and answers by Sen. Baucus).

162. 136 CONG. REC. S17242 (questions by Sen. Gorton and answers by Sen. Baucus).

163. 136 CONG. REC. S17246-54 (statement by Sen. Simpson).

164. 136 CONG. REC. S16899-901 (statement by Sen. Burdock).

165. 136 CONG. REC. S16903-20 (submitted by Sen. Mitchell).

166. 136 CONG. REC. S16920-33 (statement of Sen. Durenberger).

167. 136 CONG. REC. S16933-53 (submitted by Sen. Chafee, covering Titles I, II, V, VI, and VII).

168. 136 CONG. REC. S16959-60 (statement of Sen. Simpson).

169. 136 CONG. REC. S16961-69 (submitted by Sen. Baucus).

170. 136 CONG. REC. S16969-83 (detailed explanation of the legislation submitted by Sen. Baucus, including discussion of grandfathered units under Title IV, Acid Rain).

171. 136 CONG. REC. H12944 (daily ed. Oct. 26, 1990).

172. 136 CONG. REC. S17434 (daily ed. Oct. 27, 1990).

173. 136 CONG. REC. S18264-65.

174. 136 CONG. REC. S18266-68.

175. 136 CONG. REC. S18273-74.

176. 136 CONG. REC. S18277.

177. 136 CONG. REC. E3663-70.

178. 136 CONG. REC. E3673-75.

179. 136 CONG. REC. E3676-77.

180. 136 CONG. REC. E3683-84.

181. 136 CONG. REC. E3694-95.

182. 136 CONG. REC. E3699-700.

183. 136 CONG. REC. E3702-03.

184. 136 CONG. REC. E3705.

185. 136 CONG. REC. E3710-12.

186. 136 CONG. REC. E3712.

187. 136 CONG. REC. E3712-14.