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CRS85-517ENRp078
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CRS85-517ENRp078
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CRS-63 12. OIL POLLUTION LIABILITY AND COMPENSATION Issue For almost a decade, Congress has attempted to adopt liability and com- pensation provisions covering oil pollution incidents. Currently, there are numerous International, Federal and State arrangements, but nothing compre- hensive enough to cover all situations equitably, according to many observers. The 99th Congress may once again
CRS85-517ENRp074
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CRS85-517ENRp074
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has been lacking, according to several recent studies. One survey conducted for EPA between May 1982 and Janaury 1983 of 189 facilities found that 109, or 64%, of the facilities were not in compliance with the requirements. A more recent EPA survey of 211 sites with monitor wells found 173, or 82%, of the sites out of compliance. A 1984 General Accounting Office report indicated, in two States
CRS85-517ENRp075
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CRS85-517ENRp075
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. ‘Inspection, enforcement, and permitting ,activities at New Jersey and Tennessee hazardous waste facilities. Washington, 1984. June 22, 1984. (GAO/RCED-84-7.) Shabecoff, Philip. Toxic threat seen to water supplies. New York Times, October 24, 1984: 1, B13. U.S. Environmental Protection Agency. Memorandum on enforcement of groundwater monitoring requirements. From Gene A. Lucero, Director of the Office
CRS85-517ENRp082
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CRS85-517ENRp082
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CRS-67 Industrial dumpers responded most favorably with the amount of indus- trial waste ocean disposed falling 94 percent from 1973 to 1983. But the amount of sewage sludges disposed increased 70 percent during the same period. Almost no dent was made in the volume of dredged spoils disposed in the ocean, an amount which varies with the number of navigational projects authorized. 9 Several
CRS85-517ENRp086
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CRS85-517ENRp086
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- duced in 1983 and 1984. Hearings were held by House and Senate committees, more than a dozen bills were passed by one House or the other, and four ad- ditional measures affecting infrastructure were passed. Among the congressional
CRS85-517ENRp085
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CRS85-517ENRp085
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CRS-70 14. INFRASTRUCTURE Issue Over the last several years there has been growing belief that economic renewal should be a prime focus of domestic policy now and in the future, and that economic renewal is inextricably linked to the state of the Nation's public infrastructure. Infrastructure is the Nation's capital plant of water supply and sewer systems, highways, bridges, mass
CRS85-517ENRp079
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CRS85-517ENRp079
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liability and compensa- tion statute, numerous individual mechanisms have been adopted for particular activities. Since 1975 Congress has considered proposals to enact a compre- hensive law, and has passed legislation, but has not been able to enact final provisions. Although from 1975 both Republican and Democratic Administrations had favored on comprehensive oil spill legislation, in 1981 the Reagan
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

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