WASHINGTON - Lawmakers on Thursday, by a vote of 43 to 53, rejected an effort to reinstate a tax on polluting industries and speed the cleanup of 14 Montana sites.

Sen. Max Baucus, D-Mont., was a lead supporter of the proposal, which was offered by his colleague Frank Lautenberg, D-N.J.

"It will leave a lot more pollution in this country," Baucus said.

The Superfund program for cleaning up toxic sites has become dependent on the annual spending process since a tax on polluting companies was allowed to expire in 1995. Because the tax expired, the fund ran out of money provided by companies in October 2003.

"Superfund is not even a fund anymore, it is empty," Lautenberg said.

Montana's Superfund sites include Libby, which has been plagued by asbestos-related diseases that were caused by a vermiculite mine run by the now-bankrupt W.R. Grace & Co.

Baucus and Lautenberg say it is reasonable to require companies whose businesses result in pollution to pay to clean up messes created by bankrupt companies whose businesses also result in pollution.

If the tax is not reinstated, money from the generally treasury will have to be used to clean up the polluted sites.

"All taxpayers have the burden of paying what polluters should pay for," Lautenberg said.

Sen. Conrad Burns, R-Mont., and other opponents of reinstating the tax say it would harm a fragile economy. They note that many of the "polluting businesses" that would be taxed are energy companies. They say reinstating the tax would lead to a reduction in the amount of domestically produced oil and gas.

Baucus, who has often promoted tax cuts from his perch as the top Democrat on the Senate Finance Committee, defended his support for reinstating the tax.

"Some taxes are necessary," Baucus said. "To say it should not be reinstated begs the question, 'Should all taxes be repealed?' Obviously not."