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CRS85-517ENRp083
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CRS85-517ENRp083
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CRS-68 potential use of the oceans for disposing a wider variety of toxic materials. Two such possibilities are incinerating highly toxic wastes at sea and disposing of low level nuclear wastes. EPA anticipates releasing criteria for at sea incineration in early 1985 and allowing regular commercial operations thereafter. Many feel there are major unanswered questions about this operation left
CRS85-517ENRp081
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CRS85-517ENRp081
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CRS-66 13. OCEAN DUMPINC AND INCINERATION Issue A continuing congressional issue is the extent to which the ocean en- vironment should be used for disposing wastes. Although Congress in the 1972 Ocean Dumping Act adopted a policy which strictly limited or prohibited ocean dumping, the volume of materials disposed in the oceans has not decreased. Not only is there concern over the continuing use
CRS85-517ENRp080
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CRS85-517ENRp080
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.S. Library of Congress. Congressional Research Service. Oil pollution liability and compensation. MMB 84219. 6 p. U.S. General Accounting Office. International oil pollution: current and alternative liability and compensation arrangements affecting the United States. Washington, U.S. GAO. Feb. 3, 1983, 26 p.
CRS85-517ENRp084
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CRS85-517ENRp084
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CRS-69 No doubt the 99th Congress will continue to debate the issue of ocean dumping as the volume of sludges continues to grow and renewed interest continues in further use of the oceans for waste disposal.. References U.S. National Advisory Committee on Oceans and Atmosphere. The role of ocean in a waste management strategy. Washington, GPO. January 1981. 103 p. U.S. National Oceanic
CRS85-517ENRp091
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CRS85-517ENRp091
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of EPA's operating water, etc.) programs, which were targeted for reductions three budget presentations. The other two major budget com- uction Grants and Superfund, were not scheduled for reductions. appropriations for FY83, FY84 and FY85, Congress added on ration's request with the result that the current FY85 year am of $1.3 billion remains at the FY81 level. Construction ained at $2
CRS85-517ENRp094
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CRS85-517ENRp094
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CR3-78 proposed even higher levels, however, with a House-passed bill authorizing $297.7 million for FY1985, and a Senate Committee-reported bill authorizing over $321.5 million. Neither bill was enacted, but in the end Congress appro- priated $308 million for EPA's R&D. While the appropriations process determines the funds available regardless of what authorizing legislation may propose
CRS85-517ENRp087
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CRS85-517ENRp087
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at least three components: (1) identify- ing and correcting biases in current capital investment programs (for example, many Federal categorical aid programs tend to favor new zonstructisn and early retirement over preserving and repairing existing facilities); (2) evaluating need for services and technological standards that affect the cost and ability to provide public works services; and (3) sorting
CRS85-517ENRp088
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CRS85-517ENRp088
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- structure: legislation in the 98th Congress. IB 83183. U.S. Congressional Budget Office. Public works infrastructure: policy considerations for the 1980's. April 1983. U.S. Congress. Joint Economic Committee. Hard choices, A report on the increasing gap between America's infrastructure needs and our ability to pay for them. Washington, U.S. Govt. Print., Off., 1984. 230 p. (98th Congress, 2d
CRS85-517ENRp093
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CRS85-517ENRp093
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CRS-77 16. ENVIRONMENTAL RESEARCH AND DEVELOPMENT Issue Despite a requirement that EPA's environmental R&D be annually authorized separately from the Agency's other authorities, the last EPA R&D authorization bill enacted into law was for FY1982. (A bill authorizing appropriations for FYsl983 and 1984 was vetoed.) Appropriations have continued, however, under waivers allowing
CRS85-517ENRp090
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CRS85-517ENRp090
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CRS-74 15. FUNDING THE ENVIRONMENTAL PROTECTION AGENCY Issue After assessing the programs of the Environmental Protection Agency and weighing those against other national programs, Congress annually appropriates funding. In determining the annual EPA total and allocating portions to in- dividual programs, Congress ranks environmental programs comparing their pri- ority to other national programs
CRS85-517ENRp092
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CRS85-517ENRp092
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. , The construction grants program also expires in 1985. Its enormity- $2.4 billion annually-makes it an obvious target for cost savings proposals, some of which are alreadv being debated. While it has not been a major budget issue during the past budget debates, the 99th Congress will probably consider alternative financing arrangements for this program. References National Issues Forum. Difficult choices about
CRS85-517ENRp089
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CRS85-517ENRp089
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STRUCTURAL FACTORS IN ENVIRONMENTAL DECISIONMAKING - -—r~.:-g-.rr_~:-ta tvr‘:-tn-.'.'1'*-~r.".‘.' ‘ '
CRS85-517ENRp095
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CRS85-517ENRp095
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CRS-79 at least partly out of concern that the research might identify new problems that would lead to calls for new regulatory programs. But at other times, this community of interests has urged R&D to ensure technically-valid regulations. It has been suggested that the former views were behind the R&D cuts at EPA during FYs1982-1983, despite protests that the Administration wanted
CRS85-517ENRp098
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CRS85-517ENRp098
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procedures are a variety of debatable assump- tions and somewhat arbitrary decisions presumably based on the idea of "prudent public policy." Some critics charge that between 1981-1983, EPA changed previously established cancer risk assessment policies in ways that increase public risk. Among the alleged changes in po’icies on cancer risk assessment were (1) easing acceptable levels of increased
CRS85-517ENRp097
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CRS85-517ENRp097
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CRS-81 17. RISK MANAGEMENT Issue Existing environmental protection statutes developed piecemeal and ad hoc. In recent years, considerable attention has been devoted to "risk management" as a way of making more consistent and more cost-effective decisions. Proposals for coordinating risk assessment and risk management policies also have been intended to helpallocate scarce budgetary
CRS85-517ENRp096
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CRS85-517ENRp096
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CRS-80 U.S. Congress. House. Committee on Science and Technology. EPA's Office of Research and Development and related issues. Hearings, 98th Congress, 2d session. March 14, 1984. Washington: U.S. Govt. Print. Off., 1984. (Serial No. 80), 176 p.
CRS85-517ENRp106
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CRS85-517ENRp106
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wants restriction imposed on environmental policy laws. Washington Post, Federal Report. December 20, 1984, p. A17. UBRARY 5 OF VVASHINGTON UNNERSITY __ ST.-LOLMS - MO.
CRS85-517ENRp105
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CRS85-517ENRp105
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1981, the number of personnel assigned to the council has dropped to 11 full-time permanent positions in Fiscal Year 1985. Eoreover, funding that averaged $2.6 million each year between 1970 and 1980 dropped to $750,000 for each of the past four years. The potential abolition of CEQ raises a number of questions for congres- sional consideration. Broadly, Congress may undertake a review to determine
CRS85-517ENRp101
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CRS85-517ENRp101
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responsibility and new items on their agendas, such as toxic pollutant regulation and groundwater protection, require more dollars, not fewer. Although the Administration has targeted State environmental grants for ;utsacks since 1381, Ssngress mas generally resisted these proposals. For example, for FY 1985 the Administration requested $238 million for State management grants, while Congress appropriated $273
CRS85-517ENRp102
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CRS85-517ENRp102
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CRS-86 pace in establishing environmental regulations has left voids that States have tried to fill. EPA has not issued any new hazardous air pollutant regulations for over five years; meanwhile, at least l9 States and 21 local agencies have developed programs, with others working on the problem. As a result, a firm with facilities in more than one political jurisdiction may find itself having to meet different pollution control requirements for the same pollutants emitted from comparable plants in separate locations. Similarly, other independent regulatory actions are occurring: one State and at least two cities are considering proposals to ban sale of leaded gasoline, and various States are implementing separate programs in areas such as control of leaking underground storage tanks and pesticide regulation. This general trend raises questions of equity and efficiency on administra- tive and economic levels. In several areas, however, the presumed greater efficiency of State and- local controls has been contradicted by regulatory inconsistencies that ap- peared to burden interstate commerce, especially for nationally distributed products. Thus, the Administration has also supported Federal preemption in such areas as product liability legislation. Following the Administration's lead, the 97th Congress enacted legislation preempting State regulation of twin-trailer trucks. The 99th Congress is likely to examine the current status of the Federal- State partnership for environmental protection, as that partnership has been \ affected by policy and budgetary actions taken over the last four years. The shifting Federal-State partnership raises several questions related to such an examination. - Is the concept of minimum national standards and regulatory uniformity still valid in this area?

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