84-239 - 77 - 9 -10 of equity and common sense demand that But the Committee is also aware that even With increasing awareness of the environmental causes of many serious diseases, including heart and pulmonary disease, and various forms of cancer, there can be no doubt of the urgent need to protect against unhealthy air quality. There is a particular public responsibility to protect those who are "at risk" from air pollution, including the elderly, the infirm and the very young. There can be no doubt, therefore, of the need for additional control measures in areas where ambient standards will be exceeded after the statutory attainment date for meeting health standards. These measures may include all additional feasible control measures on stationary sources of mobile source air pollutants, tighter emission controls on new trucks, buses, and multi-purpose vehicles, measures to improve traffic flow, expansion and improvement of public transportation, vapor recovery, and even perhaps, in some cases, review of new facilities which attract heavy automobile traffic. But the Committee is especially cognizant of the potentially sweeping consequences and potentially socially and economically disruptive impacts which may result from efforts to reduce automobile pollution through mandated reductions in parking supplies and restrictions on new parking facilities. -11 Similarly, Roger Strelow, former EPA Assistant Administrator for Air and Water Enforcement, "agrees that shopping centers and other areas that attract cars should not take up the burden for Detroit," and has suggested that an "equitable scale" be established so that indirect sources would not be saddled with a disproportionate share of the task of reducing pollution.14/ Congressional Response Congress first responded to the questions and controversy spawned by EPA's land use and transportation controls by amending section 110 (c) of the Clean Air Act to forbid the Administrator from requiring a parking surcharge regulation as part of a state implementation program.15/ Further, Congress voided all parking surcharge regulations previously required by EPA.16/ Similarly, enforcement of all parking-restriction regulations issued by EPA has been delayed repeatedly by Congress through amendments to appropriation bills. On December 31, 1974, Congress provided that no appropriated funds could be "used by 14/ See Magida, Environment Report/New Clean Air Provisions Respond to Local Complaints, National Journal (Nov. 22, 1975),p.1594. Energy Supply and Environmental Coordination Act of 1974, Pub. L. No. 93-319, § 42, U.S.C.A. § 1857c-5 (c)(2)(B) (Supp. 1975). 15. 16/ Id. -12 the Environmental Protection Agency to administer any program to tax, limit, or otherwise regulate parking facilities" until July 1, 1975.17/ On June 27, 1975, Congress extended this proscription until October 17, 1975.18/ It is in this context that EPA sus pended the implementation of the parking-related indirect source review indefinitely on July 3, 1975.19/ On October 17, 1975, Congress adopted an expanded version of its previously adopted limitation on EPA's authority regarding parking: "No part of the funds appropriated under this Act may be used to administer or promulgate, directly or indirectly, any program to tax, limit or otherwise regulate parking that is not specifically required pursuant to subsequent legislation."20/ This provision was in effect until September 30, 1976, and a similar provision was adopted as section 406 of H.R. 14233, the Department of Housing and Urban Development and Independent Agencies Act, 1977. It will be in effect until September 30, 1977.21/ 17/ Pub. L. No. 93-563, § 510, 88 Stat. 1822 (Dec. 31, 1974). Also, 20/ Pub. L. No. 94-116, § 407, 89 Stat. 581 (Oct. 17, 1975). 21 Pub. L. No. 94-378 (Aug. 9, 1976). On August 9, 1976, the Comptroller General of the United Cont'd.. -13 Conference Committee Limitation on Indirect Source Review After During the last two years, much time and effort were expended by the members of this Subcommittee and other members of Congress in developing amendments to the Clean Air Act. long and thorough consideration, the 94th Congress produced a solution to the problems involved in federal regulation of indirect sources in Section 120 of the Conference Report on the Clean Air Act Amendments of 1976 (S. 3219) 22/ and included as Section 120 of S. 253, the bill now before this Subcommittee. this legislation was blocked in the last hours of the 94th Congress. Unfortunately 21 Continued. The Decision upheld EPA's approval of Oregon's State Implementation Plan which contained indirect source and regional parking plans since Oregon voluntarily promulgated the plan. However, the Comptroller General found that EPA's order to enforce the New York State Transportation Control Plan relating to New York City's parking facilities violated the 1975 appropriation limitation since it went beyond the existing policy of the State of New York or New York City. The Comptroller General concluded: Thus EPA's involvement in the regu- Further, the Decision rejected EPA's attempt to interpret the appropriation limitation as applying to parking-related indirect source regulations relating to maintenance but not to parking-related regulations relating to attainment. 22 Conference Report on the Clean Air Act Amendments of 1976 (S. 3219), Rept. No. 94-1742, pp. 96-7 (Sept. 30, 1976). -14 Because of this history, this Subcommittee is no doubt aware that there are no easy answers to the problems posed by this type of regulation. Committee came up with a balanced, fair and constructive provision that will provide answers to the serious questions that exist about the need, feasibility and effectiveness of the regulation of indirect sources and will provide a framework for the development of reasonable and effective regulations where they are necessary. 23/ The Conference Report- describes the provision on However, ICSC believes the Conference indirect source review as follows: [It] [a]dds to existing law a new section The provision amends existing section The provision adds a new section 124 (1) He must determine as a result of implemented; 23/ Id. |