S10884 CONGRESSIONAL RECORD — SENATE December 10, 2008 

SENATE RESOLUTION 729—EXPRESSING THE OPPOSITION OF 

THE SENATE TO A PROPOSED 

REGULATION BY THE ENVIRONMENTAL PROTECTION AGENCY, 

NOW UNDER REVIEW IN THE OFFICE OF MANAGEMENT AND 

BUDGET, THAT WOULD UNDERCUT AIR QUALITY PROTECTIONS 

ESTABLISHED BY CONGRESS IN 

THE CLEAN AIR ACT AMENDMENTS OF 1977 FOR NATIONAL 

PARKS, NATIONAL WILDERNESS 

AREAS, NATIONAL MONUMENTS, 

AND NATIONAL SEASHORES 

Mr. ALEXANDER (for himself, Mrs. 

BOXER, Ms. COLLINS, Mr. CARPER, Mr. 

WARNER, Mr. BINGAMAN, Ms. SNOWE, 

Mr. SALAZAR, Mrs. DOLE, and Mr. TESTER) submitted the following resolution; 

which was referred to the Committee 

on Environment and Public Works: 

S. RES. 729 

Whereas, in 1977, under part C of title I of 

the Clean Air Act (42 U.S.C. 7470 et seq.), the 

prevention of significant deterioration (PSD) 

program was established ‘‘to preserve, protect, and enhance the air quality in national 

parks, national wilderness areas, national 

monuments, national seashores, and other 

areas of special national or regional natural, 

recreational, scenic, or historic value’’, 

which areas are known as class I areas; 

Whereas Congress sought to protect air 

quality in class I areas through, among other 

things, the establishment of strict limits on 

additional amounts of air pollution, known 

as increments, allowed in class I areas over 

baseline conditions; 

Whereas Congress required protection of 

air quality not just from long-term pollution 

increases, but also from short-term fluctuations and spikes, and Congress therefore created and required both annual and shortterm increments; 

Whereas, on June 6, 2007, the Environmental Protection Agency (EPA) proposed a 

rule under the PSD program that would replace the congressionally-established shortterm pollution increments with less protective annual average emission rates; 

Whereas, according to the National Park 

Service Comments on EPA’s Proposed Rule 

Regarding PSD Increment Modeling Procedures Clarification/Modification (ER No.: 

DEC–06/0006), ‘‘the protection of short term 

PSD increments cannot be assured using annual average emission rates’’, and the proposed rule ‘‘ignores . . . reality’’; 

Whereas EPA’s proposed rule would make 

multiple additional changes to the PSD program that conflict with Congress’s statutory 

scheme, set forth in section 160 of the Clean 

Air Act (42 U.S.C. 7470), ‘‘to preserve, protect, and enhance the air quality in national 

parks, national wilderness areas, national 

monuments, national seashores, and other 

areas of special national or regional natural, 

recreational, scenic, or historic value’’; 

Whereas during EPA’s initial review of the 

PSD proposal in 2007, each of EPA’s 10 regional offices expressed grave concerns that 

the changes to the PSD program proposed by 

EPA would undermine protection of air quality in class I areas; 

Whereas EPA submitted a proposed PSD 

rule to the Office of Management and Budget 

in October 2008 that did not incorporate the 

concerns expressed by the National Park 

Service and EPA regional offices; 

Whereas half of EPA’s 10 regional administrators formally dissented from the draft 

final rule now under review in the Office of 

Management and Budget, and 4 other EPA 

regional administrators criticized the draft 

final rule in writing; and 

Whereas the National Park Service and all 

10 EPA regional offices have uniformly concluded that EPA’s proposed changes to the 

PSD program would make it easier for large 

pollution sources to locate closer to national 

parks, national wilderness areas, national 

monuments, and national seashores, leading 

to more harmful air pollution in these areas: 

Now, therefore, be it 

Resolved, That the Senate— 

(1) recognizes that air pollution levels in 

class I areas can vary significantly over the 

course of a year, a month, or even a day, and 

that short-term pollution spikes are capable 

of endangering visitors, wildlife, and scenic 

values in national parks, national wilderness 

areas, national monuments, national seashores, and other class I areas; 

(2) affirms that the PSD program is intended to preserve, protect, and enhance air 

quality in class I areas not just over the long 

term, but also over the shorter time periods 

delineated in the Clean Air Act (42 U.S.C. 

7401 et seq.); 

(3) finds that EPA has proposed multiple 

changes to the PSD program that would conflict with Congress’s statutory scheme to 

preserve, protect, and enhance the air quality in national parks, national wilderness 

areas, national monuments, national seashores, and other areas of special natural, 

recreational, scenic, or historic value; and 

(4) expresses its opposition to EPA’s proposed rule entitled ‘‘Prevention of Significant Deterioration New Source Review: Refinement of Increment Modeling Procedures’’ 

(72 Fed. Reg. 31372 (June 6, 2007)), and urges 

the rule be withdrawn. 

f 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during 

the session of the Senate to conduct a 

hearing on December 10, 2008, at 9:30 

a.m., in room SD366 of the Dirksen 

Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HEALTH, EDUCATION, PENSION, 

AND LABOR

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the Committee on Health, Education Labor, 

and Pensions be authorized to meet, 

during the session of the Senate, to 

conduct a hearing entitled ‘‘Prevention 

and Public Health: The Key to Transforming our Sickcare System’’ on 

Wednesday, December 10, 2008. The 

hearing will commence at 10 a.m. in 

room 192 of the Dirksen Senate Office 

Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

SPECIAL INSPECTOR GENERAL 

FOR THE TROUBLED ASSET RELIEF PROGRAM ACT OF 2008 

Mr. DURBIN. Madam President, I ask 

unanimous consent that the Senate 

proceed to the immediate consideration of S. 3731, introduced earlier 

today by Senator MCCASKILL. 

The PRESIDING OFFICER. The 

clerk will report the bill by title. 

The assistant legislative clerk read 

as follows: 

A bill (S. 3731) to amend the Emergency 

Economic Stabilization Act of 2008 (division 

A of Public Law 110–343) to provide the Special Inspector General with additional authorities and responsibilities, and for other 

purposes. 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. DURBIN. Madam President, I ask 

unanimous consent that the bill be 

read three times and passed, the motion to reconsider be laid upon the 

table, with no intervening action or debate, and any statements related to the 

bill be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The bill (S. 3731) was ordered to be 

engrossed for a third reading, was read 

the third time, and passed, as follows: 

S. 3731 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Special Inspector General for the Troubled Asset Relief 

Program Act of 2008’’. 

SEC. 2. AUDIT AND INVESTIGATION AUTHORITIES. 

Section 121 of the Emergency Economic 

Stabilization Act of 2008 (division A of Public 

Law 110–343) is amended— 

(1) in subsection (c), by adding at the end 

the following: 

‘‘(4)(A) Except as provided under subparagraph (B) and in addition to the duties specified in paragraphs (1), (2), and (3), the Special 

Inspector General shall have the authority 

to conduct, supervise, and coordinate an 

audit or investigation of any action taken 

under this title as the Special Inspector General determines appropriate. 

‘‘(B) Subparagraph (A) shall not apply to 

any action taken under section 115, 116, 117, 

or 125.’’; and 

(2) in subsection (d)(2), by striking ‘‘subsection (c)(1)’’ and inserting ‘‘subsection 

(c)(1) and (4)’’. 

SEC. 3. PERSONNEL AUTHORITIES. 

Section 121(e)(1) of the Emergency Economic Stabilization Act of 2008 (division A of 

Public Law 110–343) is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

(2) by adding at the end the following: 

‘‘(B)(i) Subject to clause (ii), the Special 

Inspector General may exercise the authorities of subsections (b) through (i) of section 

3161 of title 5, United States Code (without 

regard to subsection (a) of that section). 

‘‘(ii) In exercising the employment authorities under subsection (b) of section 3161 

of title 5, United States Code, as provided 

under clause (i) of this subparagraph— 

‘‘(I) the Special Inspector General may not 

make any appointment on and after the date 

occurring 6 months after the date of enactment of the Special Inspector General for the 

Troubled Asset Relief Program Act of 2008; 

‘‘(II) paragraph (2) of that subsection (relating to periods of appointments) shall not 

apply; and 

‘‘(III) no period of appointment may exceed 

the date on which the Office of the Special 

Inspector General terminates under subsection (j).’’. 

SEC. 4. RESPONSE TO AUDITS AND COOPERATION 

AND COORDINATION WITH OTHER 

ENTITIES. 

Section 121 of the Emergency Economic 

Stabilization Act of 2008 (division A of Public 

Law 110–343) is amended—