S. HRG. 105±945 ACID DEPOSITION CONTROL ACT HEARING BEFORE THE SUBCOMMITTEE ON CLEAN AIR, WETLANDS, PRIVATE PROPERTY AND NUCLEAR SAFETY OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED FIFTH CONGRESS SECOND SESSION ON S. 1097 A BILL TO REDUCE ACID DEPOSITION UNDER THE CLEAN AIR ACT OCTOBER 6, 1998 Printed for the use of the Committee on Environment and Public Works ( U.S. GOVERNMENT PRINTING OFFICE 53±121 CC WASHINGTON : 1999 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington DC 20402 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED FIFTH CONGRESS JOHN H. CHAFEE, Rhode Island, Chairman JOHN W. WARNER, Virginia MAX BAUCUS, Montana ROBERT SMITH, New Hampshire DANIEL PATRICK MOYNIHAN, New York DIRK KEMPTHORNE, Idaho FRANK R. LAUTENBERG, New Jersey JAMES M. INHOFE, Oklahoma HARRY REID, Nevada CRAIG THOMAS, Wyoming BOB GRAHAM, Florida CHRISTOPHER S. BOND, Missouri JOSEPH I. LIEBERMAN, Connecticut TIM HUTCHINSON, Arkansas BARBARA BOXER, California WAYNE ALLARD, Colorado RON WYDEN, Oregon JEFF SESSIONS, Alabama JIMMIE POWELL, Staff Director J. THOMAS SLITER, Minority Staff Director SUBCOMMITTEE ON CLEAN AIR, WETLANDS, PRIVATE PROPERTY, AND NUCLEAR SAFETY JAMES M. INHOFE, North Carolina, Chairman TIM HUTCHINSON, Arkansas BOB GRAHAM, Florida WAYNE ALLARD, Colorado JOSEPH I. LIEBERMAN, Connecticut JEFF SESSIONS, Alabama BARBARA BOXER, California (II) CONTENTS Page OCTOBER 6, 1998 OPENING STATEMENTS Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma......................... 3, 9 Moynihan, Hon. Daniel Patrick, U.S. Senator from the State of New York ...... 13 Article, Acid Precipitation and Scientific Fallout, by Senator Moynihan .... 18 Sessions, Hon. Jeff, U.S. Senator from the State of Alabama ............................. 4 Article, Atmospheric Dust and Acid Rain, Scientific American, December 1996 ................................................................................................................ 5 WITNESSES D'Amato Hon. Alfonse M., U.S. Senator from the State of New York ................ 9 Prepared statement .......................................................................................... 52 Kropp, Edward, Assistant Chief, West Virginia Office of Air Quality ................ 25 Prepared statement .......................................................................................... 62 McLean, Brian J., Director, Acid Rain Division, Environmental Protection Agency ................................................................................................................... 22 Prepared statement .......................................................................................... 53 Responses to additional questions from: Senator Chafee .......................................................................................... 60 Senator Inhofe ........................................................................................... 61 Senator Moynihan ..................................................................................... 57 Senator Sessions ........................................................................................ 59 Melewski, Bernard, Counsel and Legislative Director, Adirondack Council ...... 27 Prepared statement .......................................................................................... 63 Responses to additional questions from Senator Moynihan ......................... 67 Solomon Hon. Jerry, U.S. Representative from the State of New York .............. 1 Prepared statement .......................................................................................... 51 Tyndall, William F., Vice President, Environmental Service, Cinergy Corpora- tion ........................................................................................................................ 28 Prepared statement .......................................................................................... 68 Responses to additional questions from: Senator Moynihan ..................................................................................... 74 Senator Sessions ........................................................................................ 72 ADDITIONAL MATERIAL Letter, Northeast States for Coordinated Air Use Management (NESCAUM) .. 105 Recommendations, STAPA/ALAPCO ..................................................................... 97 Report, Air Pollution Delays in Motor Vehicle Inspection Programs Jeopardize Attainment of the Ozone Standard, General Accounting Office ...................... 82 Resolution, Adirondack Park Agency ..................................................................... 93 Statements: Adirondack Park Agency .................................................................................. 90 Hubbard Brook Research Foundation ............................................................. 98 New York State Attorney General Dennis C. Vacco ...................................... 94 New England Council ....................................................................................... 100 Ozone Attainment Coalition ............................................................................ 100 Northeast States for Coordinated Air Use Management (NESCAUM) ....... 101 Support Document, Alternative Proposal by Southeast/Midwest Governors' Ozone Coalition .................................................................................................... 107 Text of S. 1097, Acid Deposition Control Act ........................................................ 136 (III) ACID DEPOSITION CONTROL ACT TUESDAY, OCTOBER 6, 1998 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, SUBCOMMITTEE ON CLEAN AIR, WETLANDS, PRIVATE PROPERTY, AND NUCLEAR SAFETY, Washington, DC. The subcommittee met, pursuant to notice, at 9:30 a.m. in room 406, Senate Dirksen Building, Hon. James M. Inhofe (chairman of the subcommittee) presiding. Present: Senators Inhofe, Allard, Sessions, and Chafee [ex officio]. Senator INHOFE. The subcommittee will please come to order. We have several simultaneous meetings taking place right now. I know I had one, the Readiness Committee, downstairs. I know that Representative Solomon has his committee meeting. So, I'll forego my statement and go ahead and recognize you at this time to make any statement you want, then we'll go back to the regular order, in deference to your schedule. Is that all right? Mr. SOLOMON. Senator, I would deeply appreciate that. I have to bang the gavel to send you Senators some vital legislation so we can get out of here in a few days. Senator INHOFE. Well, I have to say that one of the only regrets I have about leaving the House is I left your companionship on a regular basis. Mr. SOLOMON. We're very proud of having you over here rep- resenting my personal views, because you and I think a lot alike, Senator. STATEMENT OF HON. JERRY SOLOMON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK Mr. SOLOMON. Senator, let me thank you again for the oppor- tunity to speak on this subject here today. I also would like to thank my colleague, Senator Moynihan, who I understand has the flu and probably will not be able to be here today. He is vitally in- terested in this legislation as well, as is Senator D'Amato, who will be here, for their valuable work on an issue that is so very impor- tant to my particular district, but the entire northeast as well. And that issue is the very real and necessary changes that need to be made to strengthen the Clean Air Act, to continue fighting acid rain and air pollution. The legislation before the committee today as introduced in this body by again, my good friends, Senator Moynihan and Senator D'Amato, will build on the Clean Air Act (1) 2 and the provisions dealing with the pollution most responsible for acid rain. And I was pleased to introduce this companion legislation in the House and to have the support of the entire New York delegation as well as all Democrats and Republicans from al of the New Eng- land States. That's how serious the issue is, Mr. Chairman. Although we've made tremendous progress in cutting pollution through the original Clean Air Act, it hasn't been enough to reduce the pollution responsible for acid rain and excessive air contamina- tion that we suffer in the northeast. The forest and the waterways of the Hudson Valley, including the Catskills and the Adirondacks where I live, as well as the Green Mountains of Vermont and New Hampshire and on into Maine, have literally become a dumping ground for this pollution and they will be destroyed if we don't do something about it. In fact, in studies as early as 1984, 20 percent of the Adirondack lakes, and we have literally hundreds and hundreds of lakes throughout the Adirondacks, 20 percent of them were dead. That means no fish, entirely. And 55 percent were highly acidic and that means that they are going to suffer the same results. These statistics will only get worse in the future. And as an out- doorsman myself and a lifelong hunter and fisherman, and a life- long resident of this beautiful region, I witnessed with my own eyes, as have my children and now my grandchildren, the slow de- terioration of the woods, the lakes and streams. It's truly heart- breaking, Mr. Chairman, to think that we in the Congress have not been able to produce legislation to reverse the pollution that contin- ues its daily destruction. And you know, Mr. Chairman, I am not one of these flaming en-