The Honorable Edmund S. Muskie Page 2 February 9, 1977 It appears to us that the wiser course of action is to allow EPA to continue to set the standards for heavy-duty trucks which it finds, after rule-making, are necessary and appropriate. Since this is presently being accomplished, there is no need for an amendment to the Clean Air Act covering heavy-duty vehicle emissions. Should the Subcommittee deem it necessary to recommend statutory standards for heavy-duty vehicle emissions, we would then prefer the language in S. 253 (which is the same as that contained in the 1976 Conference Report to accompany S. 3219). Section 204 of S. 253 would add a section 202(a)(4)(A)(i) to the Clean Air Act requiring that heavy-duty vehicle emission standards: reflect the greatest degree of emission However, we urge that no specific standards should be written into the statute concerning heavy-duty trucks. This would allow EPA to continue to promulgate heavy-duty vehicle emission standards under existing statutory authority. We ask that this letter be made a part of the hearing record on S. 251, 252 and 253. Associated Builders and Contractors, Inc., appreciates the opportunity to comment on S.252, the proposed Clean Air Act Amendments of 1977. We recognize the Committee's efforts in attempting to find a balanced approach between the competing national priorities of environmental protection and economic recovery. ABC has more than 10,000 members throughout the country who are involved in contract construction or have dealings in this business. The construction industry is particularly concerned over the impact of significant deterioration on the industry and on the future growth of the country. This Association supports the establishment of air pollution controls necessary to protect public health and welfare. There is a need, however, for mutual cooperation between environmentalists and industry to insure the development of workable standards, taking into consideration their impact on jobs, energy and the economy. Construction is the largest single industry contributor to the Gross National Product. The industry is also facing one of the highest unemployment rates in the nation, approximately 15 percent. The proliferation of regulations and permit requirements, particularly land use controls, have created costly delays in the development of new facilities. S.252 would seriously compound the problems of this industry through restrictive land use controls based upon one criterion, air quality. The "nondegradation" standards would set a federal "no-growth" policy, prohibiting new construction in areas having air quality better than national ambient standards and limiting development in certain other areas until a specified level of air quality is reached. While we recognize the importance of furthering air quality and protection of "pristine" areas, large areas of the country would have future development foreclosed or seriously curtailed. States should be given the flexibility to establish their own land use policy in consultation with local governments. EPA's authority in areas meeting national ambient standards should be limited unless states fail to develop a plan necessary to protect national health and welfare standards. In the establishment of air quality maintenance standards, guidelines should be established to insure adequate consideration to economic and energy factors. Merit Shop Builds Best OFFICERS: Gerald Oliver, President. Lawrence J. Hogan, Executive Vice Pres. Joseph Burton, 1st Vice Pres. Robert Turner, 2nd Vice Pres. • Ted Kennedy, Treasurer Edward Windemuller, Asst. Treasurer Honorable Edmund S. Muskie The proposed legislation would also authorize the Administrator of EPA to develop guidelines for transportation controls. The bill provides for up to a five-year extension of the deadline for attainment of national primary ambient air quality standards where transportation control measures are necessary and where these measures would have severe adverse social or economic effects. However, it would be left to the EPA Administrator's discretion to determine what constitutes serious adverse or economic effects. In the past, EPA has been unwilling to consider anything other than a complete closing of a major facility. ABC opposes giving this discretionary authority to EPA and requests that Congress clearly define serious adverse "social or economic effects." In addition, a Department, Agency or instrumentality of the Federal Government would be precluded from supporting or providing any assistance to any activity which was not in conformity with an approved implementation plan. This would allow EPA to use the Act to deny sewage treatment grants made under the Federal Water Pollution Control Act, for example, based upon the single factor, air quality. ABC opposes the restriction of all Federal support being based upon air quality. In conclusion, while ABC supports the establishment of air quality standards, we believe S.252 fails to adequately address the total impact of the proposed legislation on employment, the economy, energy development and related issues. We oppose the nondegradation policy as presented in this bill for its failure to provide flexibility to states in establishing land use controls. ABC also opposes giving discretionary authority to EPA to restrict all Federal funding. We cannot support the bill in its present form, but we welcome the opportunity to work with the Committee to resolve these differences. In response to your request, please find the enclosed analysis of the consumer benefits of the 5 year/50,000 mile emissions control warranty imposed under $ 207 of the Clean Air Act. The Center for Auto Safety is a non-profit consumer organization founded by Ralph Nader and Consumers Union in 1970. Our work lies primarily in the area of vehicle safety and fuel economy, highway and mobile home safety. Sincerely, M Dill D Clarence M. Ditlow III Enclosure Center for Auto Safety 1223 Dupont Circle Building Washington, D.C. 20036 (202) 659-1126 CONSUMER BENEFITS OF 5 YEAR/50,000 MILE EMISSION CONTROL WARRANTY. Sections 207 (a) and (b) of the Clean Air Act require the auto manufacturers to warrant that vehicle emission control systems be free from defects in materials and workmanship and enable vehicles to meet emissions standards for 5 years or 50,000 miles, whichever comes first. This warranty helps attain clean air and protects the consumer's pocketbook. The clean air value of the warranty can be quickly seen in the Environmental Protection Agency's estimate that an implemented warranty and recall program would achieve a carbon monoxide emissions reduction equivalent to two-third's of that achieved by initial certification of vehicles to the emissions standards.1 Reducing With the 5 year/50,000 mile warranty, consumers pay for and receive an emission control system that must last for at least half the useful life of a car's actual 100,000 mile useful life. the warranty will not save consumers money but will cost them money as the manufacturer's legal and financial incentive to assure that its vehicles meet standards is reduced. Thus lowering the warranty may lower the sticker price by a few cents but will cost consumers 2 many dollars in increased repair costs. Without the warranty, consumers repeatedly pay for the emissions control system once in the purchase price of the vehicle and again, in repair costs. 1 Environmental Protection Agency. Motor Vehicle Emission Control and Enforcement Strategy 36 and Table VI (1975). 2 The Bureau of Labor Statistics has reported that Clean Air Act warranties (primarily the S 207 (a) parts warranty) has added only one ($1) to the price of new cars. |