Government
Federal Alert— new regulations
Congress moves ahead with energy legislation Proposals to tax profits from oil decontrol, boost synthetic fuel production among bills slated to be out of committee before summer recess begins
For once, President Carter may not have too much trouble getting an energy program through Congress— though perhaps not exactly in the form he wants. Whether by luck or by design, Congress is already well ahead in its development of most of the legislation Carter proposed in his July 15 speech to the nation, according to Senate majority leader Robert C. Byrd (D.W.Va.) (C&EN, July 23, page 6). The Congressional leadership has set a target date of Aug. 3, the day Congress is scheduled to adjourn for its annual month-long summer recess, for reporting out of committee, or voting on, a number of the legislative pieces of the energy program. The House already has passed legislation taxing 60% of the additional profits that oil companies will derive from the decontrol of domestic oil prices, the proceeds of which Carter hopes to use to finance his proposed Energy Security Corp. The Senate Finance Committee has completed hearings on the bill but is likely to change it considerably in markup. The House also has passed legislation calling for the production of 500,000 bbl of synthetic fuel per day by 1985, and 2 million bbl per day by 1990—only 500,000 bbl less per day than the goal set by the Administration. However, there is a major difference between the House bill and the Administration proposal: Under the House plan the fuel would be purchased by the Defense Department at a guaranteed price. There is no provision for an Energy Security Corp. to finance commercialization of various synthetic fuel technologies. Much closer to the President's proposal are bills, introduced a month 16
C&EN July 30, 1979
before the President spelled out his energy program, by Sen. Henry M. Jackson (D.-Wash.), and cosponsored by most of the members of his Committee on Energy & Natural Resources, and by Rep. John Dingell (D.-Mich.), chairman of the Subcommittee on Energy & Power. These omnibus energy bills provide funding in fiscal 1980 and subsequent years for a variety of energy development, demonstration, and commercialization projects, such as solvent-refined coal, high- and low-Btu gasification, geothermal energy, oil shale, and biomass. They also establish new programs to speed up commercialization of oil shale extraction by developing shale on federal lands in a test project; require that gasoline be at least 1% alcohol by 1981,5% by 1985, and 10% by 1990; require any power-generating facility using petroleum and able to switch to coal or natural gas to do so; and provide for the commercialization of solar energy technologies. Not included in the bills, as introduced, are provisions calling for anything like the proposed Energy Security Corp. However, such a provision could well be added by the respective committees before the bills are reported or be acted on in additional legislation. For example, something quite like the corporation, called a Syn-Fuels and Alternate Fuels Authority, is included in legislation introduced by Sen. Pete Domenici (R.-N.M.) that is now being considered by both the Energy Committee and the Committee on Governmental Affairs. The authority, governed by a fivemember board appointed by the President and confirmed by the Senate, would have the goal of producing 5 million bbl of oil equivalent from coal gasification and liquefaction and oil shale by 1990. It would have $25 billion in direct funds available from the Treasury through the sale of equity securities and an additional $50 billion in obligational authority from Congress. It is likely that some form of the Energy Security Corp. will be included in Jackson's version of the
This listing covers noteworthy regulations appearing in the Federal Register from June 4 to July 20. Page numbers refer to those issues, PROPOSED Environmental Protection Agency—Proposes revision of rules for National Pollutant Discharge Elimination System; comments by Sept. 12 (June 14, page 34346). Proposes rules governing fully halogenated chlorofluorocarbon mold-release agents; comments by Sept, 12 (June 14, page 34167). Proposes to establish consolidated permit program under Research Conservation & Recovery Act; comments by Sept. 12 (June 14, page 34346): Proposes air pollution performance standards for new nitric acid plants; comments by Aug. 20 {June 19, page 35965). Gives notice of proposed rule-making under Toxic Substances Control Act to require makers of selected chemicals to submit in* formation on production volume, uses, and exposures {June 27, page 37517). Proposes new performance standards for new fossil fuel-fired industrial steam generators; comments by Aug. 27 (June 26, page 37632). Food & Drug Administration—Proposes labeling requirements of prescription drugs for patients; comments by pet. 4 (July 6, page 40016), FINAL Environmental Protection Agency—Extensively revises existing regulations under National Pollutant Discharge Elimination System; effective June 14 (June 7, page 32854). Transportation Department/Materials Transportation Bureau—Establishes rules for pipeline transportation of hazardous liquids plus emergency measures; effective July 15,1960 (July 16, page 41197). Publishes interpretive rule and proposes amendments dealing with statutory restric* tions on construction of certain major sources of air pollution; provisions applicable to permits applied for after June 30; comments by Aug, 1 (July 2, pages 38471, 38583). NOTICES Consumer Product Safety CommissionAlong with EPA, FDA, and Agriculture Department, publishes report on "Scientific Basis for Identification of Potential Carcinogens and Estimation of Risk" {July 6, page 39858). Energy Department—Gives notice of proposed forms for reporting Industrial Energy Conservation Program; comments by Sept. 19 (July 17, page 41652). Environmental Protection Agency—Proposes policy on labeling requirements and procedures for exporting unregistered pesticides; comments by Sept 17 (July 17, page 41955).
Omnibus Energy Bill, S. 1308, which he wants to have out of committee by Aug. 3. Aside from calling for an Energy Security Corp., President Carter also is asking Congress to set up a threemember Energy Mobilization Board to speed construction of as many as 75 critical nonnuclear energy projects at any one time. It would set up a decision schedule for each project allowing at least one year for the necessary local, state, and federal decisions to be made. If any agency failed to meet the schedule, the board could make its decisions for it applying appropriate local, state, or federal laws. The board itself would be exempt from provisions of the National Environmental Policy Act requiring the filing of environmental impact statements on major actions. It also could require a single agency to file a single environmental impact statement on a project rather than the several that are usually required. In addition, under the Administration's proposal, the board's decisions on such projects could not be appealed until after it had decided that all the necessary permits had been obtained. Then, any appeal would have to be filed within 60 days in the appropriate circuit court of appeals, which would generally have only 90 days to reach a decision. Any further appeal to the Supreme Court would have to be filed within 30 days of an appeals court decision. The Jackson and Domenici bills all provide for some form of "fast track" approval process for priority energy projects, with the Secretary of Energy having authority to decide which projects are to be given priority and to set up a schedule for granting the necessary permits. A bill introduced by Rep. Morris K. Udall (D.-Ariz.) and now being considered by his Committee on Interior & Insular Affairs takes a slightly different approach. Udall's bill calls for approval in nine months of environmental and other permits for priority projects, which are to be limited to six a year. If the deadlines aren't met, the President could step in and start making decisions for the various federal agencies. The Senate Energy Committee, in a rare Saturday meeting on July 21, tentatively agreed to the concept of an Energy Mobilization Board, but one closer to that provided for in S. 1308. Authority to expedite projects would be vested in a single Cabinetlevel official working with three advisers from the labor, business, and public sectors. The committee was expected to reach a decision last week. Janice R. Long, C&EN Washington
Ex-gunboat monitors ocean waste dumps Calling it "truly a sword into plowshares story," the Environmental Protection Agency has taken a former Navy gunboat and converted it into a seagoing laboratory to monitor the effects of ocean dumping of wastes. EPA's new ship, the ocean survey vessel Antelope, will cruise the East Coast this year from Maine to Puerto Rico to survey sites used for ocean dumping of industrial and municipal wastes. The Antelope will collect scientific data over three years on both U.S. coasts to help prepare environmental impact statements for designated ocean dumping sites. "For too long we have considered our oceans an international refuse container," says EPA deputy administrator Barbara Blum. "Now we are limiting ocean dumping and
224 tons, the ship has an aluminum hull and a glass-fiber-reinforced superstructure. It is 165 feet long and 24 feet wide. The military gas turbine engine has been removed and the ship is now powered by twin 725-hp diesel engines. It has a cruising range of 1700 miles at an average speed of 16 knots. All its weapons are gone. On board now, though, are three complete laboratories for the survey work, including chemistry, biology, and microbiology. The ship also has an autoclave, biological incubator, water still, a clean bench, and fume hood. On board, 13 scientific personnel perform a range of tests on water and bottom samples including pH, salinity, and turbidity. The ship's microbiologists also harvest marine organisms such as shellfish to check them for bacterial contamination that
EPA's floating lab Antelope will collect data for impact statements
harmful practices. The ship will help monitor those activities." In its former, military manifestation, the Antelope was a remarkable vessel. Launched in 1966, it belongs to the Ashuille class of high-speed patrol gunboats intended for blockade, surveillance, and naval support operations. It literally bristled with weapons, including surface-to-surface missiles, a 40-mm cannon, twin 50caliber machine guns, and a 3-inch rapid-fire gun mount. In addition to twin diesel engines for normal operations, the Navy version also had a powerful gas turbine engine capable of driving the ship at speeds up to 50 knots. The Antelope saw service in Vietnam and subsequently with the U.S. Sixth Fleet in the Mediterranean. It was retired by the Navy in 1977 and refitted for EPA last year. Displacing
might result from sewage dumping. Onboard computers can analyze and store data collected at sea. More elaborate tests for chemicals such as polychlorinated biphenyls and chlorinated pesticides are performed ashore from samples collected at sea. The Antelope can operate in both deep and shallow waters and is equipped with a hydraulic crane to lower bottom samplers and water collection containers. The Antelope is operated for EPA by Interstate Electronic Corp. of Anaheim, Calif. Most of the technical crew are biologists, according to the ship's senior oceanographer William G. Steinhauer, an enthusiastic organic chemist from Northwestern University. Steinhauer says that most recently the ship surveyed a site off the Delaware coast where Philadelphia dumps its sewage sludge. • July 30, 1979 C&EN
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