THE UNITED STATES ENVIRONMENTAL PROTECTION \CK1\CY
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Statutes and Legislative History
Executive Orders
Regulations
Guidelines and Reports
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THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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Statutes and Legislative History
Executive Orders
Regulations
Guidelines and Reports
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JANUARY 1973
WILLIAM D. RUCKELSHAUS
Administrator
U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn
Chicago, Illinois 60604
treet
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For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 - Price $22.20 per 6-vol. set. Sold in sets only
Stock Number 5500-0063
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FOREWORD
It has been said that America is like a gigantic boiler in that
once the fire is lighted, there are no limits to the power it can
generate. Environmentally, the fire has been lit.
With a mandate from the President and an aroused public con-
cern over the environment, we are experiencing a new American
Revolution, a revolution in our way of life. The era which began
with the industrial revolution is over and things will never be
quite the same again. We are moving slowly, perhaps even grudg-
ingly at times, but inexorably into an age when social, spiritual
and aesthetic values will be prized more than production and con-
sumption. We have reached a point where we must balance civili-
zation and nature through our technology.
The U.S. Environmental Protection Agency, formed by Reorg-
anization Plan No. 3 of 1970, was a major commitment to this new
ethic. It exists and acts in the public's name to ensure that due
regard is given to the environmental consequences of actions by
public and private institutions.
In a large measure, this is a regulatory role, one that encompas-
ses basic, applied, and effects research; setting and enforcing
standards; monitoring; and making delicate risk-benefit deci-
sions aimed at creating the kind of world the public desires.
The Agency was not created to harass industry or to act as a
shield behind which man could wreak havoc on nature. The great-
est disservice the Environmental Protection Agency could do to
American industry is to be a poor regulator. The environment
would suffer, public trust would diminish, and instead of free en-
terprise, environmental anarchy would result.
It was once sufficient that the regulatory process produce wise
and well-founded courses of action. The public, largely indifferent
to regulatory activities, accepted agency actions as being for the
"public convenience and necessity." Credibility gaps and cynicism
make it essential not only that today's decisions be wise and well-
founded but that the public know this to be true. Certitude, not
faith, is de rigueur.
In order to participate intelligently in regulatory proceedings,
the citizen should have access to the information available to the
111
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agency. EPA's policy is to make the fullest possible disclosure of
information, without unjustifiable expense or delay, to any inter-
ested party. With this in mind, the EPA Compilation of Legal
Authority was produced not only for internal operations of EPA,
but as a service to the public, as we strive together to lead the
way, through the law, to preserving the earth as a place both
habitable by and hospitable to man.
WILLIAM D. RUCKELSHAUS
Administrator
U.S. Environmental Protection Agency
IV
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PREFACE
Reorganization Plan No. 3 of 1970 transferred 15 governmental
units with their functions and legal authority to create the U.S.
Environmental Protection Agency. Since only the major laws
were cited in the Plan, the Administrator, William D. Ruckelshaus,
requested that a compilation of EPA legal authority be researched
and published.
The publication has the primary function of providing a work-
ing document for the Agency itself. Secondarily, it will serve as
a research tool for the public.
A permanent office in the Office of Legislation has been estab-
lished to keep the publication updated by supplements.
It is the hope of EPA that this set will assist in the awesome
task of developing a better environment.
LANE WARD GENTRY, J.D.
Assistant Director for Field Operations
Office of Legislation
U.S. Environmental Protection Agency
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ACKNOWLEDGMENT
The idea of producing a compilation of the legal authority of
EPA was conceived and commissioned by William D. Ruckelshaus,
Administrator of EPA. The production of this compilation in-
volved the cooperation and effort of numerous sources, both within
and outside the Agency. The departmental libraries at Justice and
Interior were used extensively; therefore we express our appre-
ciation to Marvin P. Hogan, Librarian, Department of Justice;
Arley E. Long, Land & Natural Resources Division Librarian,
Department of Justice; Frederic E. Murray, Assistant Director,
Library Services, Department of the Interior.
For exceptional assistance and cooperation, my gratitude to:
Gary Baise, formerly Assistant to the Administrator, currently
Director, Office of Legislation, who first began with me on this
project; A. James Barnes, Assistant to the Administrator; K.
Kirke Harper, Jr., Special Assistant for Executive Communica-
tions ; John Dezzutti, Administrative Assistant, Office of Executive
Communications; Roland 0. Sorensen, Chief, Printing Manage-
ment Branch, and Jacqueline Gouge and Thomas Green, Printing
Management Staff; Ruth Simpkins, Janis Collier, Win. Lee Rawls,
Peter J. McKenna, James G. Chandler, Jeffrey D. Light, Randy
Mott, Thomas H. Rawls, John D. Whittaker, John M. Himmelberg,
and Richard A. Yarmey, a beautiful staff who gave unlimited
effort; and to many others behind the scenes who rendered varied
assistance.
LANE WARD GENTRY, J.D.
Assistant Director for Field Operations
Office of Legislation
U.S. Environmental Protection Agency
VI
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INSTRUCTIONS
The goal of this text is to create a useful compilation of the
legal authority under which the U.S. Environmental Protection
Agency operates. These documents are for the general use of per-
sonnel of the EPA in assisting them in attaining the purposes set
out by the President in creating the Agency. This work is not
intended and should not be used for legal citations or any use
other than as reference of a general nature. The author disclaims
all responsibility for liabilities growing out of the use of these
materials contrary to their intended purpose. Moreover, it should
be noted that portions of the Congressional Record from the 92nd
Congress were extracted from the "unofficial" daily version and
are subject to subsequent modification.
EPA Legal Compilation consists of the Statutes with their legis-
lative history, Executive Orders, Regulations, Guidelines and Re-
ports. To facilitate the usefulness of this composite, the Legal
Compilation is divided into the eight following chapters:
A. General E. Pesticides
B. Air F. Radiation
C. Water G. Noise
D. Solid Waste H. International
GENERAL
The chapter labeled "General" and color coded red contains the
legal authority of the Agency that applies to more than one area
of pollution, such as the Reorganization Plan No. 3 of 1970, E.G.
11514, Protection and Enhancement of Environmental Quality,
Regulation on Certification of Facilities, Interim Guidelines by
CEQ, and Selected Reports. Acts that appear in General are found
in full text with their legislative history. When the same Act
appears under a particular area of pollution, a cross reference is
made back to General for the text.
SUBCHAPTERS
Statutes and Legislative History
For convenience, the Statutes are listed throughout the Compi-
lation by a one-point system, i.e., 1.1, 1.2, 1.3, etc., and Legislative
vii
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viii INSTRUCTIONS
History begins wherever a letter follows the one-point system.
Thusly, any l.la, Lib, 1.2a, etc., denotes the public laws compris-
ing the 1.1, 1.2 statute. Each public law is followed by its legisla-
tive history. The legislative history in each case consists of the
House Report, Senate Report, Conference Report (where applica-
ble), the Congressional Record beginning with the time the bill
was reported from committee.
Example:
1.4 Amortization of Pollution Control Facilities, as amended,
26U.S.C. §169 (1969).
1.4a Amortization of Pollution Control Facilities, Decem-
ber 30, 1969, P.L. 91-172, §704, 83 Stat. 667.
(1) House Committee on Ways and Means, H.R.
REP. No. 91-413 (Part I), 91st Cong., 1st Sess.
(1969).
(2) House Committee on Ways and Means, H.R.
REP. No. 91-413 (Part II), 91st Cong., 1st
Sess. (1969).
(3) Senate Committee on Finance, S. REP. No.
91-552, 91st Cong., 1st Sess. (1969).
(4) Committee of Conference, H.R. REP. No.
91-782, 91st Cong., 1st Sess. (1969).
(5) Congressional Record, Vol. 115 (1969) :
(a) Aug. 7: Debated and passed House, pp.
22746, 22774-22775;
(b) Nov. 24, Dec. 5, 8, 9: Debated and passed
Senate, pp. 35486, 38321-37322, 37631-
37633, 37884-37888;
(c) Dec. 22: Senate agrees to conference re-
port, p. 40718;*
(d) Dec. 22: House debates and agrees to con-
ference report, pp. 40820, 40900.
This example not only demonstrates the pattern followed for legis-
lative history, but indicates the procedure where only one section
of a P.L. appears. You will note that the Congressional Record
cited pages are only those pages dealing with the discussion
and/or action taken pertinent to the section of law applicable to
EPA. In the event there is no discussion of the pertinent section,
only action or passage, then the asterisk (*) is used to so indicate,
and no text is reprinted in the Compilation. In regard to the
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INSTRUCTIONS ix
situation where only one section of a public law is applicable, then
only the parts of the report dealing with same are printed in the
Compilation.
Secondary Statutes
Many statutes make reference to other laws and rather than
have this manual serve only for major statutes, these secondary
statutes have been included where practical. These secondary stat-
utes are indicated in the table of contents to each chapter by a
bracketed cite to the particular section of the major Act which
made the reference.
Citations
The United States Code, being the official citation, is used
throughout the Statute section of the compilation. In four Stat-
utes, a parallel table to the Statutes at Large is provided for your
convenience.
TABLE OF STATUTORY SOURCE
Statutes Source
1.1 Reorganization Plan No. 3 of EPA's originating act.
1970, 35 Fed. Reg. 15263.
1.2 The National Environmental In §4332(2)(c) a mandate was made
Policy Act of 1969, 42 U.S.C. to all Federal agencies as to environ-
§§4332(2)(c), 4344(5). mental impact statements. EPA func-
tioning as appropriate agency, and
§4344 cited in Reorganization Plan
No. 3 of 1970 as a direct transfer to
EPA.
1.3 Environmental Quality Improve- CEQ's originating act.
ment Act of 1970, 42 U.S.C.
§4371 et seq. (1970).
1.4 Amortization of Pollution Con- Direct reference in sections cited to
trol Facilities, as amended, 26 Clean Air Act, Fed. Water Pollution
U.S.C. §169(d). (1969). Control Act which were transferred
to EPA by Reorg. Plan No. 3 of 1970.
Also the certifying authority was
transferred to EPA through the Re-
org. Plan No. 3 of 1970.
1.5 Department of Transportation Reorg. Plan No. 3 of 1970 transferred
Act, as amended, 49 U.S.C. Clean Air Act and the functions of the
§1653(f) (1968). Secty of Interior pertaining to same
to EPA and its Administrator. The
Clean Air Act at §1857f—10(b) ref-
erences 1.5 and requires consultation
from the Administrator.
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INSTRUCTIONS
Statutes
Source
1.6 Federal Aid Highway Act, as a-
mended, 23 U.S.C. §109(h), (i),
(j) (1970).
1.7 Airport and Airway Develop-
ment Act, 49 U.S.C. §§1712(f),
1716(c)(4), (e) (1970).
1.8 Disaster Relief Act of 1970, 42
U.S.C. §4401 et seq. (1970).
Direct reference made to EPA in
sections cited.
Direct references made to appropriate
agency for air, water and noise pollu-
tion which is EPA under Reorg. Plan
No. 3 of 1970.
The Water Quality Administration
was transferred to EPA by Reorg.
Plan No. 3 of 1970 and together with
E.G. 11490, §§703(3), 11102(1),
11103(2) EPA assumes responsibility.
§103(c)(4)(E) & (F) of the Act pro-
vides tax relief on industrial develop-
ment bonds for sewage or solid waste
disposal facilities and air or water
pollution control facilities.
1.10 Uniform Relocation Assistance Act requires Federal and federally
and Real Property Acquisition assisted projects and programs to deal
Polices Act of 1970, 42 U.S.C. uniformly and equitably with persons
§4601 et seq. (1970). whose property was taken. EPA pro-
mulgated regulation at 40 C.F.R.
§§4.1—4.263.
1.9 Interest on Certain Government
Obligations, as amended, 26
U.S.C. §103 (1969).
1.11 Departmental Regulations, as
revised, 5 U.S.C. §301 (1966).
1.12 Public Health Service Act, as
amended, 42 U.S.C. §§203, 215,
242, 242b, c, d, f, i, j, 243, 244,
244a, 245, 246, 247, 264 (1970).
1.13 Davis-Bacon Act, as amended,
40 U.S. C. §276a-276a-5 (1964).
Bases of EPA regulation 40 C.F.R.
§§3.735—ipl —3.735—107.
Referred to in Clean Air Act., basis
for authority in Water, Pesticides,
and Radiation functions transferred
in Reorg. Plan No. 3 of 1970.
Referenced from Clean Air Act, Fed.
Water Pollution Control Act, Solid
Waste Disposal Act—all of which
were transferred to EPA in Reorg.
Plan No. 3 of 1970.
1.14 Public Contracts, Advertisements Referred to in Clean Air Act, Federal
for Proposals for Purchases and Water Pollution Control Act, and
Contracts for Supplies or Ser- Public Health Service Act—all of
vices for Government Depart- which transferred to EPA in Reorg.
ments; Application to Govern- Plan No. 3 of 1970.
ment Sales and Contracts to sell
and to Government Corporations,
as amended, 41 U.S.C. §5 (1958).
1.15 Per Diem, Travel and Transpor- Referred to in Clean Air Act, Federal
tation Expenses; Experts and Water Pollution Control Act—all of
Consultants; Individuals Serving which were transferred to EPA in
Without Pay, as amended, 5 Reorg. Plan No. 3 of 1970.
U.S.C. §5703 (1969).
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INSTRUCTIONS xi
Statutes Source
1.16 Disclosure of Confidential Infor- Referred to in Clean Air Act, and
mation Generally, as amended, FWPCA which were transferred to
18 U.S.C. §1905. EPA both being transferred by the
Reorg. Plan No. 3 of 1970.
1.17 Appropriation Bills Beginning with the Agricultural-En-
vironmental and Consumer Protection
Appropriation Act of 1971 each ap-
propriation bill for EPA will appear.
EXECUTIVE ORDERS
The Executive Orders are listed by a two-point system (2.1, 2.2,
etc.). Executive Orders found in General are ones applying to
more than one area of the pollution chapters.
REGULATIONS
The Regulations are noted by a three-point system (3.1, 3.2,
etc.). Included in the Regulations are those not only promulgated
by the Environmental Protection Agency, but those under which
the Agency has direct contact.
GUIDELINES AND REPORTS
This subchapter is noted by a four-point system (4.1, 4.2, etc.).
In this subchapter is found the statutorily required reports of
EPA, published guidelines of EPA, selected reports other than
EPA's and inter-departmental agreements of note.
UPDATING
Periodically, a supplement will be sent to the interagency distri-
bution and made available through the U.S. Government Printing
Office in order to provide an accurate working set of EPA Legal
Compilation.
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CONTENTS
A. GENERAL
Volume I
Page
1. Statutes and Legislative History.
1.1 Reorganization Plan No. 3 of 1970, 5 U.S.C. Reorg. Plan of
1970 No. 3, Appendix (1970) 3
l.la Message of the President Relative to Reorganization
Plan No. 3, July 9, 1970, Weekly Compilation of
Presidential Documents, Vol. 6, No. 28, p. 908 (July
13, 1970) 8
Lib Message of the President Transmitting Reorganiza-
tion Plan No. 3, July 9, 1970, Weekly Compilation
of Presidential Documents, Vol. 6, No. 28, p. 917
(July 13, 1970) IB
Lie Hearings on Reorganization Plan No. 3 of 1970
Before the Subcommittee on Executive Reorganiza-
tion and Government Research of the Senate Com-
mittee on Government Operations, 91st Cong., 2d
Sess. (1970) 16
Lid Hearings on Reorganization Plan No. 3 of 1970
Before the Subcommittee on Government Operations
of the House Committee on Government Operations,
91st Cong., 2d Sess. (1970) 112
Lie House Committee on Government Operations, H.R.
REP. No. 91-1464, 91st Cong., 2d Sess. (1970) ___ 367
l.lf Congressional Record, Vol. 116 (1970) 378
(1) July 9: House discussion, pp. 23532-23533 378
(2) Sept. 28: House approving Reorganization Plan
No. 3 of 1970 to Establish Environmental Pro-
tection Agency as an independent entity of
Government, pp. 33871-33876; 33879-33884;
34015 380
1.2 National Environmental Policy Act of 1969, 42 U.S.C.
§§4332(2)(c), 4344(5) (1970) 407
1.2a National Environmental Policy Act of 1969, Jan-
uary 1, 1970, P.L. 91-190, §§102(2) (c), 204(5), 83
Stat 853, 855 414
xiii
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xiv CONTENTS
Page
(1) Senate Committee on Interior and Insular Af-
fairs, S. REP. No. 91-296, 91st Cong., 1st Sess.
(1969) 420
(2) House Committee on Merchant Marine and
Fisheries, H.R. REP. No. 91-378 (Part 2), 91st
Cong., 1st Sess. (1969) _. _ - 458
(3) Committee of Conference, H.R. REP. No. 91-
765, 91st Cong., 1st Sess. (1969) 467
(4) Congressional Record, Vol. 115 (1969) 482
(a) July 10: Considered and passed Senate,
pp. 19008-19009, 19013 482
(b) Sept. 23: Amended and passed House, pp.
26569-26591 486
(c) Oct. 8: Senate disagrees to House amend-
ments, agreed to conference, pp. 29066-
29074, 29076-29089 538
(d) Dec. 20: Senate agreed to conference re-
port, pp. 40415-40417, 40421-40427 580
(e) Dec. 22: House agreed to conference report,
pp. 40923-40928 597
Volume II
1.3 Environmental Quality Improvement Act of 1970, 42 U.S.C.
§4371 et seq. (1970) 611
1.3a Environmental Quality Improvement Act of 1970,
April 3, 1970, P.L. 91-224, Title II, 84 Stat. 114 __ 614
(1) House Committee on Public Works, H.R. REP.
No. 91-127, 91st Cong., 1st Sess. (1969) 617
(2) Senate Committee on Public Works, S. REP.
No. 91-351, 91st Cong., 1st Sess. (1969) 617
(3) Committee of Conference, H.R. REP. No. 91-
940, 91st Cong., 2d Sess. (1970) 645
(4) Congressional Record 652
(a) Vol. 115 (1969), April 16: Passed p. 9259 652
(b) Vol. 115 (1969), Oct. 7: Amended and
passed Senate, pp. 28952-28954, 28956-
28957, 28962, 28967, 28969, 28972 652
(c) Vol. 116 (1970), March 24: Senate agreed
to conference report, pp. 9004-9005, 9009, 661
(d) Vol. 116 (1970), March 25: House agreed
to conference report, pp. 9333-9334 662
1.4 Amortization of Pollution Control Facilities, as amended,
26 U.S.C. §169 (1969) 663
1.4a Amortization of Pollution Control Facilities, Decem-
ber 30, 1969, 91-172, §704, 83 Stat. 667 665
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CONTENTS xv
Page
(1) House Committee on Ways and Means, H.R.
REP. No. 91-413 (Part I), 91st Cong., 1st Sess.
(1969) 670
(2) House Committee on Ways and Means, H.R.
REP. No. 91-413 (Part II), 91st Cong., 1st
Sess. (1969) 675
(3) Senate Committee on Finance, S. REP. No.
91-552, 91st Cong., 1st Sess. (1969) 679
(4) Committee of Conference, H.R. REP. No. 91-
782, 91st Cong., 1st Sess. (1969) 684
(5) Congressional Record, Vol. 115 (1969) 690
(a) Aug. 7: Debated and passed House pp.
22746, 22774-22775 690
(b) Nov. 24, Dec. 5, 8, 9: Debated and passed
Senate, pp. 35486, 37321-37322, 37631-
37633, 37884-37888 691
(c) Dec. 22: Senate agrees to conference re-
port, p. 40718* 705
(d) Dec. 22: House debates and agrees to con-
ference report, pp. 40820, 40900* 705
1.5 Department of Transportation Act, as amended, 49 U.S.C.
§§1651, 1653(f), 1655(g), 1656 (1968) 706
1.5a Department of Transportation Act, October 15,
1966, P.L. 89-670, 332, 4(f), (g), 6, 7, 80 Stat. 931_ 733
(1) House Committee on Government Operations
H.R. REP. No. 1701, 89th Cong., 2d Sess. (1966) 736
(2) Senate Committee on Government Operations,
S. REP. No. 1659, 89th Cong., 2d Sess. (1966) 737
(3) Senate Committee on Government Operations,
S. REP. No. 1660, 89th Cong., 2d Sess. (1966) 745
(4) Committee of Conference, H.R. REP. No. 2236,
89th Cong., 2d Sess. (1966) 755
(5) Congressional Record, Vol. 112 (1966) 769
(a) Aug. 24: Debated, amended and passed
House, pp. 21236-21237; 21275 769
(b) Sept. 29: Amended and passed Senate, pp.
24374-24375, 24402-24403; 771
(c) Oct. 13: House agrees to conference report,
pp. 26651-26652; 773
(d) Oct. 13: Senate agrees to conference report,
pp. 26563, 26568. 774
1.5b Federal Highway Act of 1968, August 23, 1968, P.L.
90-495, §18(b), 82 Stat. 824. 776
(1) Senate Committee on Public Works, S. REP.
No. 1340, 90th Cong., 2d Sess. (1968) 777
(2) House Committee on Public Works, H.R. REP.
No. 1584, 90th Cong., 2d Sess. (1968). 778
(3) Committee of Conference, H.R. REP. No. 1799,
90th Cong., 2d Sess. (1968). 780
(4) Congressional Record, Vol. 114 (1968): 783
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xvi CONTENTS
Page
(a) July 1: Debated, amended and passed
Senate, pp. 19529, 19530, 19552; 783
(b) July 3: Amended and passed House, pp.
19937, 19947, 19950;* 786
(c) July 26: House agrees to conference report,
pp. 23712, 23713; 786
(d) July 29: Senate agrees to conference re-
port, pp. 24036, 24037, 24038. 786
1.6 Federal Aid Highway Act of 1970, as amended, 23 U.S.C.
§109(h), (i), (j) (1970). 788
1.6a Federal Aid Highway Act of 1970, December 31,
1970, P.L. 91-605, §136(b), 84 Stat. 1734. 791
(1) House Committee on Public Works, H.R. REP.
No. 91-1554, 91st Cong., 2d Sess. (1970). 792
(2) Senate Committee on Public Works, S. REP.
No. 91-1254, 91st Cong., 2d Sess. (1970). 793
(3) Committee of Conference, H.R. REP. No. 91-
1780, 91st Cong., 2d Sess. (1970). 798
(4) Congressional Record, Vol. 116 (1970): 800
(a) Nov. 25: Debated and passed House, pp.
38936-38937, 38961-38962, 38974-38976,
38997; 800
(b) Nov. 25: Proceedings vacated, laid on the
table, pp. 39007-39014; 812
(c) Dec. 7: Passed Senate, Senate insists on its
amendments and asks for conference, p.
40095; 813
(d) Dec. 8: Action of House rescinded, passed
House, House disagrees to Senate amend-
ments and agrees to conference, p. 40265; 813
(e) Dec. 17-18: House agrees to conference re-
port, pp. 42512-42518; 814
(f) Dec. 19: Senate agrees to conference report,
pp. 42717, 42723. 816
1.7 Airport and Airway Development Act, 49 U.S.C. §§1712(f),
1716(c)(4), (e) (1970). 818
1.7a Airport and Airway Development Act of 1970, P.L.
91-258, §§12(f), 16(c)(4), (e),84 Stat. 221,226. __ 821
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 91-601, 91st Cong.,
1st Sess. (1969). 824
(2) Senate Committee on Commerce, S. REP. No.
91-565, 91st Cong., 1st Sess. (1969). 831
(3) Committee of Conference, H.R. REP. No. 91-
1074, 91st Cong., 2d Sess. (1970). 834
(4) Congressional Record: 837
(a) Vol. 115 (1969), Nov. 6: Considered and
passed House, pp. 33293, 33307-33308,
33342; 837
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CONTENTS xvii
Page
(b) Vol. 116 (1970), Feb. 25-26: Considered
and passed Senate, amended, pp. 4842,
5069-5072,5082-5083; 842
(c) Vol. 116 (1970), May 12: Senate agreed to
conference report p. 15136; 852
(d) Vol. 116 (1970), May 13: House agreed to
conference report, pp. 15294, 15295, 15297._ 852
1.8 Disaster Assistance Act, 42 U.S.C. §4401 et seq. (1970).__ 854
1.8a The Administration of Disaster Assistance, Decem-
ber 31, 1970, P.L. 91-606, Title II, 84 Stat. 1746-__ 874
(1) Senate Committee on Public Works, S. REP.
No. 91-1157, 91st Cong., 2d Sess. (1970). 891
(2) House Committee on Public Works, H.R. REP.
No. 91-1524, 91st Cong., 2d Sess. (1970). 925
(3) Committee of Conference, H.R. REP. No. 91-
1752, 91st Cong., 2d Sess. (1970): 951
(4) Congressional Record, Vol. 116 (1970) : 975
(a) Sept. 9: Debated, amended, and passed
Senate, pp. 31040-31042, 31044, 31048-
31051, 31058-31060, 31062-31063; 975
(b) Oct. 5: Debated, amended, and passed
House, pp. 34795-34798; 993
(c) Dec. 15, 17: House debated and agrees to
conference report, pp. 42212-42214; 1000
(d) Dec. 18: Senate agrees to conference re-
port, p. 42369.* 1005
(5) Statement by the President Upon Signing the
Bill into Law December 31, 1970, Weekly Com-
pilation of Presidential Documents, Vol. 7, No.
1, January 4, 1971 (p. 12). 1005
1.9 Interest on Certain Government Obligations, as amended,
26 U.S.C. §103(c) (4) (1971). 1006
1.9a Amendments to Interest on Certain Government Ob-
ligations, Int. Rev. Code, June 28, 1968, P.L. 90-364,
Title I, §107(a), 82 Stat. 266. 1008
(1) House Committee on Ways and Means, H.R.
REP. No. 1104, 90th Cong., 2d Sess. (1968). __ 1009
(2) Senate Committee on Finance, S. REP. No. 1014,
90th Cong., 2d Sess. (1968). 1010
(3) Committee of Conference, H.R. REP. No. 1533,
90th Cong., 2d Sess. (1968). 1010
(4) Congressional Record, Vol. 114 (1968) :
(a) Feb. 29: Debated and passed House, p.
4704;* 1010
(b) March 26, 28, April 2: Debated in Senate
pp. 8159-8162; 1010
(c) June 20: House considers and passes con-
ference report, p. 18006;* 1017
(d) June 21: Senate agrees to conference re-
port, p. 18179 1017
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xviii CONTENTS
Page
1.9b Revenue Act of 1971, December 10, 1971, P.L. 92-
178, Title III, §315(a), 85 Stat. 529. 1017
(1) House Committee on Ways and Means, H.R.
REP. No. 92-533, 92d Cong., 1st Sess. (1971).* 1018
(2) Senate Committee on Finance, S. REP. No.
92-437, 92d Cong., 1st Sess. (1971).* 1018
(3) Committee of Conference, H.R. REP. No. 92-
708, 92d Cong., 1st Sess. (1971). 1018
(4) Congressional Record, Vol. 117 (1971) : 1019
(a) Oct. 5, 6: Considered and passed House,
pp. H9155-H9178, H9229;* 1019
(b) Nov. 15, 22: Considered and passed Sen-
ate, amended, pp. S18564-S18579; 1019
(c) Dec. 9: Senate agreed to conference re-
port, pp. S21095-S21109;* 1056
(d) Dec. 9: House agreed to conference report,
pp. H12114-H12134.* 1056
1.10 Uniform Relocation Assistance and Real Property Ac-
quisition Policies for Federal and Federally Assisted Pro-
grams, 42 U.S.C. §4633 (1971). 1057
l.lOa Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, January 2, 1970,
P.L. 91-646, §213, 84 Stat. 1900. 1075
(1) Senate Committee on Government Operations,
S. REP. No. 91-488, 91st Cong., 1st Sess.
(1969) 1076
(2) House Committee on Public Works, H.R. REP.
No. 91-1656, 91st Cong., 2d Sess. (1970). 1084
(3) Congressional Record: 1089
(a) Vol. 115 (1969), Oct. 27: Passed Senate,
pp. 31533-31535; 1089
(b) Vol. 116 (1970), Dec. 7: amended and
passed House, pp. 40169-40172; 1095
(c) Vol. 116 (1970), Dec. 17: Senate agrees to
House amendment, with an amendment,
pp. 42137-42140; 1102
(d) Vol. 116 (1970), Dec. 18: House concurs
in Senate amendment, pp. 42506-42507. __ 1109
1.11 Departmental Regulations, as revised, 5 U.S.C. §301
(1966). 1112
l.lla Codification of 5 U.S.C. §301, September 6, 1966,
P.L. 89-554, 80 Stat. 379. 1112
(1) Senate Committee on the Judiciary, S. REP.
No. 1380, 89th Cong., 2d Sess. (1966). 1113
(2) Congressional Record, Vol. 112 (1966) : 1117
(a) July 25: Amended and passed Senate, p.
17010;* 1117
(b) Aug. 11: House concurs in Senate amend-
ments, p. 19077.* 1117
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CONTENTS xix
Page
1.12 Public Health Service Act, as amended, 42 U.S.C. §§203,
215, 241, 242, 242b, c, d, f, i, j, 243, 244, 244a, 245, 246,
247, 264 (1970). 1118
1.12a The Public Health Service Act, July 1, 1944, P.L.
78-410, Title II, §§202, 214, Title III, §§301, 304,
305, 306, 311, 312, 313, 314, 315, 361, 58 Stat.
683, 690, 693, 695, 703. 1151
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1364, 78th Cong.,
2d Sess. (1944). 1158
(2) Senate Committee on Education and Labor, S.
REP. No. 1027, 78th Cong., 2d Sess. (1944) 1170
(3) Congressional Record, Vol. 90 (1944): 1172
(a) May 22: Amended and passed House, pp.
4794-4797, 4811; 1172
(b) June 22: Debated, amended, and passed
Senate, pp. 6486-6487, 6498-6500; 1179
(c) June 23: House concurs in Senate amend-
ments, pp. 6663-6664.* 1186
1.12b National Mental Health Act, July 3, 1946, P.L.
79-487, §§6, 7, (a, b), 9, 60 Stat. 423, 424. 1186
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1445, 79th Cong.,
1st Sess. (1945). 1189
(2) Senate Committee on Education and Labor, S.
REP. No. 1353, 79th Cong., 2d Sess. (1946).__ 1191
(3) Committee of Conference, H.R. REP. No. 2350,
79th Cong., 2d Sess. (1946). __ 1196
(4) Congressional Record, Vol. 92 (1946) : 1198
(a) March 14, 15: Amended and passed House,
pp. 2283, 2284, 2285-2286, 2291, 2992,
2293, 2294, 2295; 1198
(b) June 15: Amended and passed Senate, p.
6995; 1204
(c) June 26: Senate agrees to conference re-
port, p. 7584; 1205
(d) June 28: House agrees to conference re-
port, p. 7926. — 1206
1.12c National Heart Act, June 16, 1948, P.L. 80-655,
§§4(e, f), 5, 6, 62 Stat. 467. 1206
(1) Senate Committee on Labor and Public Wel-
fare, S. REP. No. 1298, 80th Cong., 2d Sess.
(1948). 1210
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 2144, 80th Cong.,
2d Sess. (1948). 1212
(3) Congressional Record, Vol. 94 (1948) : 1217
(a) May 24: Amended and passed Senate, pp.
6297, 6298; 1217
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CONTENTS
Page
(b) June 8: Amended and passed House, pp.
7405-7406; 1219
(c) June 9: Senate concurs in House amend-
ment, p. 7555.* ___ 1222
1.12d National Dental Research Act, June 24, 1948, P.L.
80-755, §4(e)(f), 62. Stat. 601. 1222
(1) Senate Committee on Labor and Public Wel-
fare, S. REP. No. 436, 80th Cong., 1st Sess.
(1947). 1223
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 2158, 80th Cong.,
2d Sess. (1948). 1224
(3) Congressional Record, Vol. 94 (1948): 1225
(a) June 8: Amended and passed House, p.
7417; 1225
(b) June 12: Amended and passed Senate, p.
7934;* 1226
(c) June 14: House concurs in Senate amend-
ments, p. 8175. 1226
1.12e Public Health Service Act Amendments, June 25,
1948, P.L. 80-781, §1, 62 Stat. 1017. 1227
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1927, 80th Cong., 2d
Sess. (1948). 1227
(2) Senate Committee on Labor and Public Works,
S. REP. No. 1578, 80th Cong., 2d Sess. (1948). 1230
(3) Congressional Record, Vol. 94 (1948): 1232
(a) May 18: Amended and passed House, p.
6008;* 1232
(b) June 12: Passed Senate p. 7933 1232
1.12f Career Compensation Act of 1949, October 12, 1949,
P.L. 81-351, Title V, §521 (e), 63 Stat. 835. 1232
Volume III
(1) House Committee on Armed Services, H.R.
REP. No. 779, 81st Cong., 1st Sess. (1949). __ 1233
(2) Senate Committee on Armed Services, S. REP.
No. 733, 81st Cong., 1st Sess. (1949). 1234
(3) Congressional Record, Vol. 95 (1949) : 1235
(a) June 14: Debated in House, pp. 7656, 7676; 1235
(b) June 15: Passed House, p. 7775;* 1235
(c) Sept. 26: Amended and passed Senate, p.
13261;* 1235
(d) Sept. 27: House concurs in Senate amend-
ments, p. 13358.* 1236
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CONTENTS xxi
Page
1.12g 1953 Reorganization Plan No. 1, §§5, 8, 67 Stat.
631. 1236
(1) Message from the President Accompanying
Reorganization Plan No. 1, H.R. Doc. No. 102,
83rd Cong., 1st Sess. (1953). 1237
1.12h Amendment to Title 13 U.S. Code, August 31, 1954,
P.L. 83-740, §2, 68 Stat. 1025. 1239
(1) House Committee on the Judiciary, H.R. REP.
No. 1980, 83rd Cong., 2d Sess. (1954). 1240
(2) Senate Committee on the Judiciary, S. REP.
No. 2497, 83rd Cong., 2d Sess. (1954). 1242
(3) Congressional Record, Vol. 100 (1954): 1243
(a) July 6: Passed House, p. 9806;* 1243
(b) Aug. 19: Amended and passed Senate, p.
15123;* 1243
(c) Aug. 19: House concurs in Senate amend-
ments, p. 15269.* 1243
1.12i National Health Survey Act, July 3, 1956, P.L. 84-
652, §4, 70 Stat. 490. 1244
(1) Senate Committee on Labor and Public Wel-
fare, S. REP. No. 1718, 84th Cong., 2d Sess.
(1956). 1244
(2) House Committee on Interstate and For-
eign Commerce, H.R. REP. No. 2108, 84th
Cong., 2d Sess. (1956). 1249
(3) Congressional Record, Vol. 102 (1956): 1250
(a) March 29: Amended and passed Senate,
p. 5816;* 1250
(b) May 21: Objected to in House, p. 8562;*__ 1250
(c) June 18: Amended and passed House, p.
10521.* 1250
1.12J An Act of Implementing §25 (b) of the Organic
Act of Guam, August 1, 1956, P.L. 84-896, §18, 70
Stat. 910. 1251
(1) House Committee on Interior and Insular Af-
fairs, H.R. REP. No. 2259, 84th Cong., 2d Sess.
(1956). 1251
(2) Senate Committee on Interior and Insular Af-
fairs, S. REP. No. 2662, 84th Cong., 2d Sess.
(1956). 1259
(3) Congressional Record, Vol. 102 (1954): 1260
(a) June 18: Passed House, p. 10510;* 1260
(b) July 23: Amended and passed Senate, p.
13909;* 1260
(c) July 25: House concurs in Senate, amend-
ments, p. 14450.* 1261
1.12k Amendments to §314 (c) of the Public Health Serv-
ice Act, July 22, 1958, P.L. 85-544, §1, 72 Stat. 400. 1261
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xxii CONTENTS
Page
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1593, 85th Cong.,
2d Sess. (1958). 1262
(2) Senate Committee on Labor and Public Wel-
fare, S. REP. No. 1797, 85th Cong., 2d Sess.
(1958). — 1270
(3) Congressional Record, Vol. 104 (1958) : 1280
(a) April 21: Debated in House, pp. 6836-
6838; 1280
(b) May 5: Passed House, pp. 8004-8011; 1284
(c) July 10: Passed Senate, p. 13329. 1300
1.121 Health Amendments of 1959, July 23, 1959, P.L.
86-105, §1, 73 Stat. 239. 1301
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 590, 86th Cong., 1st
Sess. (1959). 1301
(2) Senate Committee on Labor and Public Wel-
fare, S. REP. No. 400, 86th Cong., 1st Sess.
(1959). 1309
(3) Congressional Record, Vol. 105 (1959): 1311
(a) July 6: Passed House, pp. 12735-12740;__ 1311
(b) July 8: Passed Senate, p. 12979. 1315
1.12m International Health Research Act of 1960, July
12, 1960, P.L. 86-610, §3, 74 Stat. 364. 1315
(1) Senate Committee on Labor and Public Wel-
fare, S. REP. No. 243, 86th Cong., 1st Sess.
(1959). 1317
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1915, 86th Cong.,
2d Sess. (1960). 1321
(3) Congressional Record, Vol. 106 (1960): 1338
(a) June 24: Committee discharged, amended
and passed House, p. 14293;* 1338
(b) June 30: Passed Senate, pp. 15132-15133. 1338
1.12n Hawaii Omnibus Act, July 12, 1960, P.L. 86-624,
§29(c), 74 Stat. 419. 1340
(1) House Committee on Interior and Insular Af-
fairs, H.R. REP. No. 1564, 86th Cong., 2d
Sess. (1960). 1340
(2) Senate Committee on Interior and Insular Af-
fairs, S. REP. No. 1681, 86th Cong., 2d Sess.
(1960). 1341
(3) Congressional Record, Vol. 106 (1960): 1341
(a) May 16: Passed House, pp. 10355, 10357;* 1341
(b) June 28: Amended and passed Senate, p.
14684.* 1341
1.12o Amendments to §301 (d) of the Public Health Serv-
ice Act, September 15, 1960, P.L. 86-798, 74 Stat.
1053. 1342
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CONTENTS xxiii
Page
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 2174, 86th Cong.,
2d Sess. (1960). 1342
(2) Congressional Record, Vol. 106 (1960) : 1351
(a) Aug. 30: Passed House, p. 18394; 1351
(b) Aug. 31: Senate Committee discharged,
passed Senate, p. 18593. 1352
1.12p 1960 Amendments to Title III of the Public Health
Service Act, September 8, 1960, P.L. 86-720, §l(b),
2, 74 Stat. 820. 1352
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1780, 86th Cong.,
2d Sess. (1960). 1353
(2) Committee of Conference, H.R. REP. No.
2062, 86th Cong., 2d Sess. (1960). 1353
(3) Congressional Record, Vol. 106 (1960): 1353
(a) June 24: Amended and passed House, pp.
14294-14301;* 1353
(b) July 1: Amended and passed Senate, pp.
15383-15384;* 1353
(c) Aug. 26: Senate concurs in conference re-
port, pp. 17788-17789;* 1354
(d) Aug. 29: House concurs in conference re-
port, p. 18172.* 1354
1.12q Community Health Services and Facilities Act of
1961, October 5, 1961, P.L. 87-395, §2(a)-(d), 75
Stat. 824 1354
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 599, 87th Cong., 1st
Sess. (1961) 1355
(2) Senate Committee on Labor and Public Welfare,
S. REP. No. 845, 87th Cong., 1st Sess. (1961). 1361
(3) Committee of Conference, H.R REP. No. 1209,
87th Cong., 1st Sess. (1961) 1370
(4) Congressional Record, Vol. 107 (1961) : 1375
(a) July 25: Amended and passed House, pp.
13402,13414,13415; 1375
(b) Sept. 1: Amended and passed Senate, p.
17947; 1377
(c) Sept. 18: Conference report agreed to in
Senate, p. 19913;* — 1378
(d) Sept. 20: Conference report agreed to in
House, p. 20484.* 1378
1.12r Extension of Application of Certain Laws to Ameri-
can Samoa, September 25, 1962, P.L. 87-688, §4 (a)
(1), 76 Stat. 587. 1378
(1) House Committee on Interior and Insular
Affairs, H.R. REP. No. 1536, 87th Cong., 2d
Sess. (1962) 1379
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xxiv CONTENTS
Page
(2) Senate Committee on Interior and Insular Af-
fairs, S. REP. No. 1478, 87th Cong., 2d Sess.
(1962) 1382
(3) Committee of Conference, H.R. REP. No. 2264,
87th Cong., 2d Sess. (1962). 1384
(4) Congressional Record, Vol. 108 (1962): 1385
(a) April 2: Amended and passed House, p.
5576; 1385
(b) May 17: Amended and passed Senate, pp.
8698, 8699; 1387
(c) Aug. 28: House agrees to conference report,
pp. 17881-17882; 1387
(d) Aug. 30: Senate agrees to conference re-
port, p. 18253 1388
1.12s Amendments to Title IV of the Public Health Service
Act, October 17, 1962, P.L. 87-838, §2, 76 Stat. 1073. 1388
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1969, 87th Cong.,
2d Sess. (1962). 1389
(2) Senate Committee on Labor and Public "Welfare,
S. REP. No. 2174, 87th Cong., 2d Sess. (1962). 1390
(3) Congressional Record, Vol. 108 (1962): 1392
(a) Aug. 27: Passed House, p. 17690; 1392
(b) Sept. 28: Amended and passed Senate, p.
21247;* 1 1393
(c) Oct. 3: House concurs in Senate amend-
ment, p. 21833.* 1393
l.lZt Graduate Public Health Training Amendments of
1964, August 27, 1964, P.L. 88-497, §2, 78 Stat. 613.. 1393
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1553, 88th Cong., 2d
Sess. (1964). 1394
(2) Senate Committee on Labor and Public Welfare,
S. REP. No. 1379, 88th Cong., 2d Sess. (1964) _ 1403
(3) Congressional Record, Vol. 110 (1964): 1411
(a) July 21: Passed House, pp. 16445, 16447; 1411
(b) Aug. 12: Passed Senate, pp. 19144-19145.* 1412
1.12u Community Health Services Extension Amendments,
August 5, 1965, P.L. 89-109, §4, 79 Stat. 436. 1412
(1) Senate Committee on Labor and Public Welfare,
S. REP. No. 117, 89th Cong., 1st Sess. (1965). 1413
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 249, 89th Cong., 1st
Sess. (1965). 1420
(3) Committee of Conference, H.R. REP. No. 676,
89th Cong., 1st Sess. (1965). 1426
(4) Congressional Record, Vol. Ill (1965): 1427
(a) March 11: Amended and passed Senate, pp.
4843, 4844; 1427
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CONTENTS xxv
Page
(b) May 3: House Committee discharged,
amended and passed House, p. 9141; 1428
(c) July 26: Senate agrees to conference re-
port, p. 18216; 1428
(d) July 27: House agrees to conference report,
p. 18425.* 1429
1.12v Amendments to Public Health Service Act, August
9, 1965, P.L. 89-115, §3, 79 Stat. 448. 1429
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 247, 89th Cong., 1st
Sess. (1965) 1430
(2) Senate Committee on Labor and Public Welfare,
S. REP. No. 367, 89th Cong., 1st Sess. (1965) __ 1438
(3) Committee of Conference, H.R. REP. No. 677,
89th Cong., 1st Sess. (1965). 1445
(4) Congressional Record, Vol. Ill (1965) : 1446
(a) May 10: Debated, amended and passed
House, pp. 9958, 9960-9962; 1446
(b) June 28: Debated, amended and passed
Senate, pp. 14952, 14953, 14954; 1458
(c) July 26: Conference report agreed to in
Senate, p. 18215; 1460
(d) July 27: Conference report agreed to in
House p. 18428. 1460
1.12w 1966 Reorganization Plan No. 3, §§1, 3, 80 Stat.
1610. 1461
(1) Message from the President Transmitting Re-
organization Plan No. 3, 1966, H. Doc. No. 428,
89th Cong., 2d Sess. (1966). 1462
1.12x Comprehensive Health Planning and Public Health
Services Amendments of 1966, November 3, 1966,
P.L. 89-749, §§3, 5, 80 Stat. 1181. 1466
(1) Senate Committee on Labor and Public Welfare,
S. REP. No. 1665, 89th Cong., 2d Sess. (1966). 1479
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 2271, 89th Cong.,
2d Sess. (1966) 1483
(3) Congressional Record, Vol. 112 (1966) : 1490
(a) Oct. 3: Amended and passed Senate, pp.
24764-24766, 24768; 1490
(b) Oct. 17: Amended and passed House, pp.
27081,27085-27086,27088-27092; 1496
(c) Oct. 18: Senate concurs in House amend-
ments pp. 27381-27385. 1509
1.12y Partnership for Health Amendments of 1967, De-
cember 5, 1967, P.L. 90-174, §§2(a)-(f), 3(b) (2), 4,
8(a), (b), 9, 12(d), 81 Stat. 533. 1518
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 538, 90th Cong., 1st
Sess. (1967). 1522
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xxvi CONTENTS
Page
(2) Senate Committee on Labor and Public Welfare,
S. REP. No. 724, 90th Cong., 1st Sess. (1967)- 1536
(3) Committee of Conference, H.R. REP. No. 974,
90th Cong., 1st Sess. (1967). 1546
(4) Congressional Record, Vol. 113 (1967): 1550
(a) Sept. 20: Debated, amended, and passed
House, pp. 26120-26132;* 1550
(b) Nov. 6: Debated, amended and passed,
Senate, pp. 31236-31238; 1550
(c) Nov. 21: House agrees to conference report,
p. 33338;* 1553
(d) Nov. 21: Senate agrees to conference re-
port, p. 33436.* 1553
1.12z Health Manpower Act of 1968, August 16, 1968,
P.L. 90-490, Title III, §302(b), 82 Stat. 789. 1553
(1) Senate Committee on Labor and Public Welfare,
S. REP. No. 1307, 90th Cong., 2d Sess. (1968). 1554
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 1634, 90th Cong., 2d
Sess. (1968). 1558
(3) Congressional Record, Vol. 114 (1968): + 1561
(a) June 24: Amended and passed Senate, p.
18422;* 1561
(b) Aug. 1: Amended and passed House, p.
24801;* j_ 1561
1.12aa Public Health Training Grants Act, March 12, 1970,
P.L. 91-208, §3, 84 Stat. 52. 1562
(1) Senate Committee on Labor and Public Welfare,
S. REP. No. 91-586, 91st Cong., 1st Sess.
(1969) 1563
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 91-712, 91st Cong.,
1st Sess. (1969) 1570
(3) Committee of Conference, H.R. REP. No. 91-
855, 91st Cong., 2d Sess. (1970). 1570
(4) Congressional Record: 1572
(a) Vol. 115 (1969), Dec. 11: Amended and
passed Senate, pp. 37457, 38460; 1572
(b) Vol. 115 (1969), Dec. 16: Amended and
passed House, pp. 3918-3942;* 1572
(c) Vol. 116 (1970), Feb. 26: Senate agrees to
conference report, p. 5084; 1573
(d) Vol. 116 (1970), Feb. 26: House agrees to
conference report, pp. 5094-5095. 1574
1.12ab Medical Facilities Construction and Modernization
Amendments of 1970, June 30, 1970, P.L. 91-296,
Title I, §lll(b), Title IV, §401 (b) (A) (1), (C),
(D), 84 Stat. 340, 352. 1576
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 91-262, 91st Cong.,
1st Sess. (1969) 1577
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CONTENTS xxvii
Page
(2) Senate Committee on Labor and Public Welfare,
S. REP. No. 91-657, 91st Cong., 2d Sess. (1970). 1579
(3) Committee of Conference, H.R. REP. No. 91-
1167, 91st Cong., 2d Sess. (1970). 1582
(4) Congressional Record: 1583
(a) Vol. 115 (1969), June 4: Amended and
passed House, pp. 14654, 14659, 14664;* __ 1583
(b) Vol. 116 (1970), April 7: Amended and
passed Senate, pp. 10542, 10546;* 1583
(c) Vol. 116 (1970), June 8: Senate agreed to
conference report, pp. 18757, 18758, 18761;* 1584
(d) Vol. 116 (1970), June 10: House agreed to
conference report, p. 19199.* 1584
1.12ac Public Health Service Drug Abuse Research, October
27, 1970, P.L. 91-513, Title I, §3(b), 84 Stat. 1241.- 1584
(1) Senate Committee on the Judiciary, S. REP.
No. 91-613, 91st Cong., 1st Sess. (1969). 1585
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 91-1444, 91st Cong.,
2d Sess. (1970). 1585
(3) Committee of Conference, H.R. REP. No. 91-
1603, 91st Cong., 2d Sess. (1970) 1587
(4) Congressional Record, Vol. 116 (1970): 1588
(a) Jan. 28: Amended and passed Senate, p.
1647;* 1588
(b) Sept. 24: Amended and passed House, p.
33667;* 1588
(c) Oct. 14: House agreed to conference report,
pp. 36585, 36651;* 1588
(d) Oct. 14: Senate agreed to conference report,
p. 36885.* 1588
1.12ad Heart Disease, Cancer, Stroke and Kidney Disease
Amendments of 1970, October 30, 1970, P.L. 91-515,
Title II, §§201-203, 210, 220, 230, 240, 250, 260, (a),
(b), (c)(l), 270, 280, 282, 292, Title VI, §601(b)
(2), 84 Stat. 1301, 1303-1308, 1311. 1589
(1) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 91-1297, 91st Cong.,
2d Sess. (1970). 1599
(2) Senate Committee on Labor and Public Welfare,
S. REP. No. 91-1090, 91st Cong., 2d Sess.
(1970) 1600
(3) Committee of Conference, H.R. REP. No. 91-
1590, 91st Cong., 2d Sess. (1970). 1638
(4) Congressional Record, Vol. 116 (1970): 1647
(a) Aug. 12: Amended and passed House, p.
28532; 1647
(b) Sept. 9: Amended and passed Senate, p.
31013; 1647
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xxviii CONTENTS
Page
(c) Oct. 13: House agreed to conference report,
pp. 36589-36591; 1648
(d) Oct. 14: Senate agreed to conference report,
pp. 36888-36892. .. 1651
1.12ae Comprehensive Alcohol Abuse and Alcoholism Pre-
vention, Treatment, and Rehabilitation Act of 1970,
December 31, 1970, P.L. 91-616, Title III, §331, 84
Stat. 1853. 1651
(1) Senate Committee on Labor and Public Welfare,
S. REP. No. 91-1069, 91st Cong., 2d Sess.
(1970) 1651
(2) House Committee on Interstate and Foreign
Commerce, H.R. REP. No. 91-1663, 91st Cong.,
2d Sess. (1970). 1653
(3) Congressional Record, Vol. 116 (1970): 1654
(a) Aug. 10: Passed Senate, pp. 27857-27871;* 1654
(b) Dec. 18: Amended and passed House, pp.
42531, 42536;* 1654
(c) Dec. 19: Senate concurs in House amend-
ments, p. 42751.* 1654
1.13 The Davis-Bacon Act, as amended, 40 U.S.C. §§276a—
276a-5 (1964). 1655
[Referred to in 42 U.S.C. §1857j-3, 33 U.S.C. §1158 (g),
42 U.S.C. §3256]
1.13a The Davis-Bacon Act, March 3, 1931, P.L. 71-798,
46 Stat. 1494. 1659
(1) Senate Committee on Manufacturers, S. REP.
No. 1445, 71st Cong., 83d Sess. (1931). 1660
(2) House Committee on Labor, H.R. REP. No.
2453, 71st Cong., 83d Sess. (1931). 1662
(3) Congressional Record, Vol. 74 (1930-1931):__ 1664
(a) Feb. 4: Passed Senate, pp. 3918-3919; 1664
(b) Feb. 28: Debated and passed House, pp.
6504-6521. 1667
1.13b Amendment to the Act of March 3, 1931, August 30,
1935, P.L. 74-403, 49 Stat. 1011. - .-- 1705
(1) Senate Committee on Education and Labor, S.
REP. No 1155, 74th Cong., 1st Sess. (1935). _.. 1708
(2) House Committee on Labor, H.R. REP. No.
1756, 74th Cong., 1st Sess. (1935) 1713
(3) Congressional Record, Vol. 79 (1935): 1720
(a) July 30: Amended and passed Senate, pp.
12072-12074; 1720
(b) Aug. 23: Debated and passed House, pp.
14384-14385. 1723
1.13c An Act to Require the Payment of Prevailing Rates
of Wages on Federal Public Works in Alaska and
Hawaii, June 15, 1940, P.L. 76-633, §1, 54 Stat. 399. 1726
(1) Senate Committee on Education and Labor, S.
REP. No. 1550, 76th Cong., 3d Sess. (1940). __ 1727
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CONTENTS xxix
Page
(2) House Committee on Labor, H.R. REP. No.
2264, 76th Cong., 3d Sess. (1940) 1728
(3) Congressional Record, Vol. 86 (1940-1941): , 1728
(a) May 28: Passed Senate, p. 6997; 1731
(b) June 3: Passed House, p. 7401. 1732
1.13d Hawaii Omnibus Act, July 12, 1960, P.L. 86-624,
§26, 74 Stat. 418. 1733
(1) House Committee on Interior and Insular Af-
fairs, H.R. REP. No. 1564, 86th Cong., 2d Sess.
(1960) 1734
(2) Senate Committee on Interior and Insular Af-
fairs, S. REP. No. 1681, 86th Cong., 2d Sess.
(1960) 1735
(3) Congressional Record, Vol. 106 (1960) : 1736
(a) May 16: Passed House, p. 10353;* 1736
(b) June 28: Amended and passed Senate, p.
14683;* — 1736
(c) June 29: House concurs in Senate amend-
ment, p. 15009.* 1736
1.13e Amendments to Davis-Bacon Act, July 2, 1964, P.L.
88-349, §1, 78 Stat. 238. 1736
(1) House Committee on Education and Labor, H.R.
REP. No. 308, 88th Cong., 1st Sess. (1963) 1738
(2) Senate Committee on Labor and Public Welfare,
S. REP. No. 963, 88th Cong., 2d Sess. (1964)._ 1774
(3) Congressional Record, Vol. 110 (1964): 1788
(a) Jan. 28; Debated and passed House, pp.
1203-1233; 1788
(b) June 23: Passed Senate, pp. 14768-14770. 1858
1.13f Reorganization Plan No. 14 of 1950, 64 Stat. 1267,
5 U.S.C. §1332-15. 1863
1.13g Suspension of Provisions of Davis-Bacon Act of
March 3, 1931, Proclamation No. 4031, February 25,
1971, 36 Fed. Reg. 3457. 1864
1.13H Revocation of Proclamation of Suspension of Provi-
visions of Davis-Bacon Act, Proclamation No. 4040,
April 3, 1971, 36 Fed. Reg. 6335. 1866
Volume IV
1.14 Public Contracts, Advertisements for Proposals for Pur-
chases and Contracts for Supplies or Services for Govern-
ment Departments; Application to Government Sales and
Contracts to Sell and to Government Corporations, as
amended, 41 U.S.C. §5 (1958). 1869
[Referred to in 42 U.S.C. §1857b-l(a) (2) (D), 33 U.S.C.
§1155(g) (3) (A), 42 U.S.C. §242c(e)]
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xxx CONTENTS
Page
1.14a To Authorize Certain Administrative Expenses in
the Government Service, August 2, 1946, P.L. 79-600,
§9(a), (c), 60 Stat. 809. 1870
(1) House Committee on Expenditures in the Exec-
utive Departments, H.R. REP. No. 2186, 79th
Cong., 2d Sess. (1946). 1871
(2) Senate Committee on Expenditures in the Ex-
ecutive Departments, S. REP. No. 1636, 79th
Cong., 2d Sess. (1946). 1875
(3) Congressional Record, Vol. 92 (1946): 1878
(a) June 3: Amended and passed House, pp.
6165-6166;* 1878
(b) July 17: Amended and passed House, pp.
9189-9190; 1878
(c) July 26: House concurs in Senate amend-
ments, pp. 10185-10186. 1879
1.14b To Amend the Federal Property and Administrative
Services Act of 1949, September 5,1950, P.L. 81-744,
§§ 6(a), (b), 8(c), 64 Stat. 583, 591. 1880
(1) Senate Committee on Expenditures in the Ex-
ecutive Departments S. REP. No. 2140, 81st
Cong., 2d Sess. (1950). 1881
(2) House Committee on Expenditures in the Execu-
tive Departments, H.R. REP. No. 2747, 81st
Cong., 2d Sess. (1950). 1883
(3) Committee of Conference, H.R. REP. No. 3001,
81st Cong., 2d Sess. (1950). 1884
(4) Congressional Record, Vol. 96 (1950-1951): __ 1887
(a) July 26: Passed Senate, pp. 11092, 11094,
11096;* 1887
(b) Aug. 7: Amended and passed House, pp.
11919, 11921, 11922, 11927;* 1887
(c) Aug. 31: Senate agrees to conference re-
port, p. 13940;* 1887
(d) Aug. 31: House agrees to conference re-
port, p. 13993.* 1887
1.14c Small Business Opportunities Act, August 28, 1958,
85-800, §7, 72 Stat. 967 1888
(1) Senate Committee on Government Operations,
S. REP. No. 2201, 85th Cong., 2d Sess. (1958).. 1888
(2) Congressional Record, Vol. 104 (1958): 1891
(a) Aug. 14: Amended and passed Senate, p.
17539;* 1891
(b) Aug. 15: Committee discharged and passed
House, pp. 17908-17909.* 1891
1.15 Per Diem, Travel and Transportation Expenses; Experts
and Consultants; Individuals Serving Without Pay, as
amended, 5 U.S.C. §5703 (1969) 1892
[Referred to in 42 U.S.C. §§1857d(i), 1857e(e), 1857f-6e
(b)(2), 33 U.S.C. §§1159(a)(2)(B), 1160(c) (4),(i), 15
U.S.C. §1475(b), 42 U.S.C. §242f (b) (5), (6)]
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CONTENTS xxxi
Page
1.15a Administrative Expenses Act, August 2, 1946, P.L.
79-600, §5, 60 Stat. 808. 1893
(1) House Committee on Expenditures in Executive
Departments, H.R. REP. No. 2186, 79th Cong.,
2d Sess. (1946). 1894
(2) Senate Committee on Expenditures in Executive
Departments, S. REP. No. 1636, 79th Cong., 2d
Sess. (1946) 1895
(3) Congressional Record, Vol. 92 (1946) : 1895
(a) June 3: Amended and passed House, p.
6164;* 1895
(b) July 17: Amended and passed Senate, pp.
9189-9190; 1895
(c) July 26: House concurs in Senate amend-
ments, pp. 10185-10186.* 1896
1.15b Amendments to the 1946 Travel Expense Act, July
28, 1955, P.L. 84-189, §2, 69 Stat. 394. 1896
(1) Senate Committee on Government Operations,
S. REP. No. 353, 84th Cong., 1st Sess. (1955).__ 1897
(2) House Committee on Government Operations,
H.R. REP. No. 604, 84th Cong., 1st Sess.
(1955) 1903
(3) Committee of Conference, H.R. REP. No. 1088,
84th Cong., 1st Sess. (1955): 1907
(4) Congressional Record, Vol. 101 (1955) : 1909
(a) June 20: Amended and passed House, pp.
8752, 8755;* 1909
(b) June 22: Amended and passed Senate, p.
8928;* 1909
(c) July 12: House agrees to conference report,
p. 10300;* 1909
(d) July 13: Senate agrees to conference re-
port, p. 10387.* 1909
1.15c Enactment of Title 5, United States Code, "Govern-
ment Organization and Employees," September 6,
1966, P.L. 89-554, §5703, 80 Stat. 499 1909
(1) House Committee on the Judiciary, H.R. REP.
No. 901, 89th Cong., 1st Sess. (1965). 1911
(2) Senate Committee on the Judiciary, S. REP.
No. 1380, 89th Cong., 2d Sess. (1966). 1916
(3) Congressional Record: 1917
(a) Vol. Ill (1965), Sept. 7: Passed House, p.
25954;* 1917
(b) Vol. 112 (1966), July 25: Amended and
passed Senate, pp. 17006, 17010-17011;* _ 1917
(c) Vol. 112 (1966), Aug. 11: House concurs
in Senate amendments, p. 19077.* 1917
1.15d Increase Maximum Rates Per Diem Allowance for
Government Employees, November 10, 1969, P.L.
91-114, §2, 83 Stat. 190. 1918
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xxxii CONTENTS
Page
(1) House Committee on Government Operations,
H.R. REP. No. 91-111, 91st Cong., 1st Sess.
(1969) ______________________________________ 1918
(2) Senate Committee on Government Operations,
S. REP. No. 91-450, 91st Cong., 1st Sess.
(1969) ______________________________________ 1930
(3) Congressional Record, Vol. 115 (1969) : ______ 1941
(a) March 26: Considered and 'passed House,
pp. 7748-7752; ___ ______________________ 1941
(b) Oct. 8: Amended and passed Senate, p.
29042; ________________________________ 1951
(c) Oct. 30: House concurs in Senate amend-
ments, pp. 32423-32425. _________________ 1952
1.16 Disclosure of Confidential Information Generally, as
amended, 18 U.S.C. §1905 (1948). ______________________ 1958
[Referred to in 42 U.S.C. §§1857c-9(c), 1857d(j)(l),
1857f-6(b), 1857h-5(a)(l), 33 U.S.C. §§1160 (f) (2), (k)
1.16a Disclosure of Information, June 25, 1948, P.L. 80-
772, §1905, 62 Stat. 791. ________________________ 1958
(1) House Committee on the Judiciary, H.R. REP.
No. 304, 80th Cong., 1st Sess. (1947). ________ 1959
(2) Senate Committee on the Judiciary, S. REP.
No. 1620, 80th Cong., 2d Sess. (1948) --------- I960
(3) Congressional Record: ______________________ 1960
(a) Vol. 93 (1947), May 12: Amended and
passed House, p. 5049;* ________________ 1960
(b) Vol. 94 (1948), June 18: Amended and
passed Senate, pp. 8721-8722; __________ 1961
(c) Vol. 94 (1948), June 18: House concurs in
Senate amendments, p. 8865. ____________ 1961
1.17 Appropriation Bills
1.17a Agricultural-Environmental and Consumer Protec-
tion Appropriation Act of 1971, Title III, 85 Stat.
183. ___________________________________________ 1962
(1) House Committee on Appropriations, H.R. REP.
No. 92-289, 92d Cong., 1st Sess. (1971). ______ 1963
(2) House Committee on Appropriations, H.R. REP.
No. 92-253, 92d Cong., 1st Sess. (1971). ______ 1981
(3) Committee of Conference, H.R. REP. No. 92-
376, 92d Cong., 1st Sess. (1971). _____________ 1991
(4) Congressional Record, Vol. 117 (1971) : ______ 1994
(a) June 23: Amended and passed House, pp.
H5739-H5742, H5746-H5748, H5765, H-
5767, H5778-H5779, H5810-H5811; _______ 1964
(b) July 15: Amended and passed Senate, pp.
S11161, S11162, S11163, S11164, S11165,
S11207, S11208, S11226-S11228; _________ 2005
(c) July 27: House agrees to conference report,
pp. H7170, H7171, H7172, H7173; ________ 2015
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CONTENTS xxxiii
Page
(d) July 28: Senate agrees to conference report,
pp. S12334-S12337.* 2016
1.17b Agricultural Environmental and Consumer Protec-
tion Programs Appropriation, August 22, 1972, P.L.
92-399, Title III, 86 Stat. 604 2017
(1) House Committee on Appropriations, H.R. REP.
No. 92-1175, 92d Cong., 2d Sess. (1972). 2019
(2) Senate Committee on Appropriations, S. Rep.
No. 92-983, 92d Cong., 2d Sess. (1972). 2058
(3) Committee of Conference, H.R. REP. No. 92-
1283, 92d Cong., 2d Sess. (1972). 2067
(4) Congressional Record, Vol. 118 (1972): 2074
(a) June 29: Considered and passed House, pp.
H6286-H6288, H6290, H6291, H6292, H-
6336; 2074
(b) July 27: Considered and passed Senate,
amended, pp. S12051-S12056, S12139-S-
12141; 2081
(c) Aug. 9: House and Senate agreed to confer-
ence report, pp. H7387-H7389, H3795,
H3796-H3797, S13161-S13162. 2093
2. Executive Orders
2.1 E.G. 11472, Establishing the Environmental Quality Coun-
cil and the Citizens Advisory Committee on Environmental
Quality, February 29, 1969, 34 Fed. Reg. 8693 (1969). ___ 2107
2.2 E.G. 11490, Emergency Preparedness Functions of Federal
Departments and Agencies, October 30, 1969, as amended,
35 Fed. Reg. 5659 (1970). 2111
2.3 E.G. 11507, Prevention, Control, and Abatement of Air and
Water Pollution at Federal Facilities, February 4, 1970, 35
Fed Reg. 2573 (1970). 2163
2.4 E.G. 11514, Protection and Enhancement of Environmental
Quality, March 5, 1970, 35 Fed. Reg. 4247 (1970). 2169
2.5 E.G. 11575, Administration of the Disaster Relief Act of
1970, as amended by E.G. 11662, March 29, 1972, 37 Fed.
Reg. 6563 (1972) 2173
2.6 E.O. 11587, Placing Certain Positions in Levels IV and V
of the Federal Executive Salary Schedule, March 15, 1971,
36 Fed. Reg. 475 (1971). 2175
2.7 E.O. 11628, Establishing a Seal for the Environmental Pro-
tection Agency, October 18, 1971, 36 Fed. Reg. 20285
(1971). 2176
2.8 E.O. 11222, Standards of Ethical Conduct for Government
Officers and Employees, May 8, 1965, 30 Fed. Reg. 6469
(1965) 2177
2.9 E.O. 11667, Establishing the President's Advisory Commit-
tee on the Environmental Merit Awards Program, April
20, 1972, 37 Fed. Reg. 7763 (1972). 2185
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xxxiv CONTENTS
Regulations.
3.1 Reorganization and Republication, Environmental Protec-
tion Agency, 36 Fed. Reg. 22369 (1971). 2187
3.2 Statement of Organization and General Information, En-
vironmental Protection Agency, 40 C.F.R. §§1.1-1.43
(1972)
3.3 Public Information, Environmental Protection Agency, 40
C.F.R. §§2.100-2.111 (1972).
3.4 Employee Responsibilities and Conduct, Environmental
Protection Agency, 40 C.F.R. §§3.735-101—3.735-107
(1971)
3.5 Interim Regulations and Procedures for Implementing the
Uniform Relocation Assistance and Real Property Acqui-
sition Policies Act of 1970, Environmental Protection
Agency, 40 C.F.R. §§4.1-4.263 (1971).
3.6 Tuition Fees for Direct Training, Environmental Protec-
tion Agency, 40 C.F.R. §§5.1-5.7 (1972).
3.7 Certification of Facilities, Environmental Protection
Agency, 40 C.F.R. §§20.1-20.10 (1971).
3.8 General Grants Regulations and Procedures, Environ-
mental Protection Agency, 40 C.F.R. §§30.100-30.1001-3
(1972).
3.9 State and Local Assistance, Environmental Protection
Agency, 40 C.F.R. §§35.400-35.420 (1972)
3.10 Security Classification Regulation, Environmental Protec-
tion Agency, 41 C.F.R. §§11.1-11.6 (1972).
3.11 General, Environmental Protection Agency, 41 C.F.R.
§§15-1.000—15-1.5301 (1972).
3.12 Procurement by Formal Advertising, Environmental Pro-
tection Agency, 41 C.F.R. §§15-2.406-3-15—2.407-8
(1972)
3.13 Procurement by Negotiations, Environmental Protection
Agency, 41 C.F.R. §§15-3.51, 15-3.103, 15-3.405,
15-405-3, 15-3.600—15-3.606, 15-3.805, 15-3.808 (1972)._
3.14 Special Types and Methods of Procurement, Environmental
Protection Agency, 41 C.F.R. §§15-4.5300—15-4.5303
(1972).
3.15 Procurement Forms, Environmental Protection Agency,
41 C.F.R. §15-16.553-1 (1972).
3.16 Transportation, Environmental Protection Agency, 41
C.F.R. §§15-19.302—15-19.305 (1972).
3.17 Amortization of Pollution Control Facilities, Internal Rev-
enue Service, 26 C.F.R. §1.169 (1972).
3.18 Temporary Income Tax Regulations Under the Tax Reform
Act of 1969, Internal Revenue Service, 26 C.F.R. §§1.179-1,
1.642(f), 1.642(f)-l (1971).
3.19 Introduction, Environmental Protection Agency, 41 C.F.R.
§§115-1.100—115-1.110 (1971).
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CONTENTS xxxv
Page
4. Guidelines and Reports
4.1 The President's Environmental Program 2193
4.la The President's 1971 Environmental Program com-
piled by the Council on Environmental Quality,
March 1971, pp. 1-205 2193
4.1b The President's 1972 Environmental Program, com-
piled by the Council on Environmental Quality,
March 1972, pp. 1-75, 223. 2353
Volume V
4.2 Council on Environmental Quality, Annual Reports, as re-
quired by National Environmental Policy Act of 1969, 42
U.S.C. 34341. 2419
4.2a The First Annual Report of the Council on Environ-
mental Quality, August 1970, pp. 1-241. 2419
4.2b The Second Annual Report of the Council on En-
vironmental Quality, August 1971, pp. 3-265. 2660
Volume VI
4.2c The Third Annual Report of the Council on En-
vironmental Quality, August 1972, pp. 3-348. 2923
4.3 Citizens' Advisory Committee on Environmental Quality
Reports to the President and the President's Council on
Environmental Quality, as required by E.G. 11472, 3102 (c). 3269
4.3a Report to the President and the President's Council
on Environmental Quality, Citizens' Advisory Com-
mittee on Environmental Quality, August 1969. 3269
4.3b Report to the President and the President's Council
on Environmental Quality, Citizens' Advisory Com-
mittee on Environmental Quality, April 1971. 3292
4.4 Selected Reports: 3317
4.4a "Ocean Dumping: A National Policy." Report to the
President by the Council on Environmental Quality,
October 1970. 3317
4.4b "Toxic Substances", Report by the Council on En-
vironmental Quality, April 1971. 3377
4.5 Interim Guidelines, Executive Office of the President's
Council on Environmental Quality, 36 Fed. Reg. 7724
(1970) 3416
4.6 The Report of HEW and EPA on the Health Effects of
Environmental Pollution, Pursuant to Title V of P.L. 91-
515, H.R. Doc. No. 92-241, 92d Congress, 2d Sess. (1972)._ 3428
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xxxvi CONTENTS
Page
4.7 Interagency Agreements: 3461
4.7a Economic Dislocation Early Warning System Memoran-
dum of Understanding Between the Administrator of
the Environmental Protection Agency and the Secretary
of Labor (1971). 3461
4.7b Establishing and Maintaining an Industrial Security
Program, Interagency Agreement Between the Environ-
mental Protection Agency and the Department of De-
fense (1972). 3463
4.7c Cooperative Efforts Regarding Air and Water Quality
in Implementing the Everglades Jetport Pact, Memo-
randum of Understanding Between the Environmental
Protection Agency and National Park Service (1972). 3466
4.7d General Policy and Procedures for Providing Economic
and Technical Assistance to Developing Nations, Agree-
ment Between the Environmental Protection Agency and
the Agency for International Development (1972). 3468
4.7e Cooperative Program Entitled Modular-Size Integrated
Utility Systems, Memoradum of Understanding Be-
tween the Environmental Protection Agency and the
Department of Housing and Urban Affairs (1972). ___ 3473
-------
GUIDELINES AND REPORTS 2419
4.2 COUNCIL ON ENVIRONMENTAL QUALITY, ANNUAL
REPORTS, AS REQUIRED BY NATIONAL ENVIRON-
MENTAL POLICY ACT OF 1969, 42 U.S.C. 34341
4.2a The First Annual Report of the Council on Environmental
Quality, August 1970, pp. 1-241
w
ace
President Nixon, as his first official act of the new
decade, signed the National Environmental Policy Act,
he declared that improving the quality of the environment is a major
goal for the Nation and that, "unless we move on it now, we will not
have an opportunity to do it later."
The new Act, which established the Council on Environmental Qual-
ity hi the Executive Office of the President, included the provision
that the President shall transmit to the Congress annually an Envi-
ronmental Quality Report setting forth the status and condition of the
Nation's environment. According to section 201 of the act (Public
Law 91-190), the report shall trace current environmental trends
and the adequacy of natural resources to fulfill human and economic
needs. It shall review programs and activities of Federal, State, and
local governments and of nongovernment entities or individuals, de-
tailing the effects on the environment. And it shall suggest ways of
remedying the deficiencies of existing programs and activities.
With less than one-quarter of the year available in which to pre-
pare this first annual report, and with insufficient environmental
quality indicators or systems by which to monitor the environment
with any degree of accuracy, the Council has undertaken to bring
together a description of environmental problems and issues facing
the Nation.
While this report is wide ranging, the Council realizes that it is
incomplete and uneven in some respects. Most important, the lack of
-------
2420 LEGAL COMPILATION—GENERAL
measurement tools prevents an assessment at this time of the status
and trends of the major environmental classes of the Nation. The
Council has been able to give little or no detailed attention to subject
areas such as the activities of State and local governments and of
industry and has had an inadequate opportunity to analyze and report
on areas such as the supply of natural resources. The Council expects
to correct such major deficiencies in subsequent reports.
In preparing this report, the Council has also kept in mind the find-
ings of Congress in the Environmental Quality Improvement Act of
1970 (Public Law 91-224) : "that man has caused changes in the envi-
ronment ; that many of these changes may affect the relationship be-
tween man and his environment; and that population increases and
urban concentration contribute directly to pollution and the degrada-
tion of our environment." That act authorized the establishment of
an Office of Environmental Quality which provides additional pro-
fessional and administrative staff for and is meshed with the Council
on Environmental Quality, so that the President has one advisory
voice on environmental policy. The added personnel assist in prepar-
ing the annual report, assessing all other Federal programs that affect
the environment, and implementing other requirements of Public Laws
91-190 and 91-224.
Much can be done now to enhance environmental quality, and this
first annual report includes a number of specific suggestions for action.
For the more distant future, however, environmental improvement
will depend increasingly on knowledge yet to be obtained through
research and measurement. Also needed will be refinements in predic-
tions, setting of priorities, development of comprehensive policies and
strategies, and strengthening of institutions at all levels of govern-
ment. Responsibility for enhancing the environment cannot be thrust
on any one level of government or even on government alone. Every
citizen shares in it. Federal leadership, however, will necessarily be a
major influence on the effectiveness of the overall national environ-
mental effort.
The opening chapter of the report deals \vith the growing aware-
ness and understanding by the American people of the nature of the
threat to the environment and the interrelationship of environmental
problems. Pollution is one of the most obvious dangers. But the prob-
lems are much broader. They encompass control of land use, the
expansion of population, and waste of resources. The causes of many
of our environmental problems rest with the failure of our price
-------
GUIDELINES AND REPORTS 2421
structure to take full account of environmental degradation, our values
and our urge for greater mobility.
The effects, sources, and costs of various forms of pollution, and
Federal, State, and local antipollution programs are then described.
These chapters deal with pollution of air and water and pollution
from solid wastes, pesticides, radiation, and noise. The pressures on
the environment are then discussed in a chapter on population, eco-
nomic growth, and resources. In the next chapter, the problem of land
use is approached through analysis of its components—urban, subur-
ban, rural, coastal, and natural regions, and the Federal programs that
affect them. The chapter on international cooperation discusses envi-
ronmental problems which do not stop at national frontiers, and the
tools for international action. The growing involvement of citi-
zens in environmental affairs, as individuals and through organiza-
tions, is followed by a review of the progress in environmental educa-
tion. The concluding chapter discusses the need for better, stronger
institutions, improved measurement of the environment, and the need
for comprehensive policies and strategies. Like any first step, this first
annual report is only a beginning.
-------
-------
GUIDELINES AND REPORTS 2423
I
ln,aer6 ianalna
C^nvironmental [-^r
H
"ISTORIANS MAT one day call 1970 the year of the environ-
ment. They may not be able to say that 1970 actually
marked a significant change for the better in the quality of life; in the
polluting and the fouling of the land, the water, and the air; or in
health, working conditions, and recreational opportunity. Indeed, they
are almost certain to see evidence of worsening environmental condi-
tions in many parts of the country.
Yet 1970 marks the beginning of a new emphasis on the environ-
ment—a turning point, a year when the quality of life has become
more than a phrase; environment and pollution have become every-
day words; and ecology has become almost a religion to some of the
young. Environmental problems, standing for many years on the
threshold of national prominence, are now at the center of nation-
wide concern. Action to improve the environment has been launched
by government at all levels. And private groups, industry, and individ-
uals have joined the attack.
No one can say for sure just how or why the environment burst into
national prominence in 1970. Certainly national concern had been
mounting for a long time, and the tempo has increased greatly in the
last decade.
-------
2424 LEGAL COMPILATION—GENERAL
Early environmentalists—Henry David Thoreau, George Perkins
Marsh, John Muir, Gifford Pinchot, Theodore Eoosevelt, Aldo Leo-
pold—and a legion of dedicated citizens contributed to the rise in
awareness. In its early days, the conservation movement aimed pri-
marily at stemming the exploitation of natural resources and preserv-
ing wildlife and important natural areas. By the 1950's, Federal air
and water pollution laws had been enacted, and the pace of environ-
mental legislation quickened dramatically in the decade of the 1960's.
Now the conservation movement has broadened to embrace concern for
the totality of man's environment, focusing on pollution, population,
ecology, and the urban environment.
The public has begun to realize the interrelationship of all living
things—including man—with the environment. The Santa Barbara
oil spill in early 1969 showed an entire nation how one accident could
temporarily blight a large area. Since then, each environmental issue—
the jetport project near Everglades National Park, the proposed pipe-
line across the Alaskan wilderness, the worsening blight of Lake Erie,
the polluted beaches off New York and other cities, smog in mile-high
Denver, lead in gasoline, phosphates in detergents, and DDT—flashed
the sign to Americans that the problems are everywhere and affect
everyone. Millions of citizens have come to realize that the inter-
dependent web of life—man, animals, plants, earth, air, water, and
sunlight—touches everyone.
A deteriorating environment has awakened a lively curiosity in
Americans about exactly what is meant by an ecosystem, a biome, or
the biosphere. Citizens who are now aware of environmental prob-
lems want to know the full extent of the environmental crisis and the
nature of the factors that have contributed to it. They are anxious
to learn what can be done to correct the mistakes that have led to the
current condition of the environment. This report attempts to answer
some of these questions.
ECOLOGY AND CHANGE
Ecology is the science of the intricate web of relationships between
living organisms and their living and nonliving surroundings. These
interdependent living and nonliving parts make up ecosystems.
Forests, lakes, and estuaries are examples. Larger ecosystems or com-
binations of ecosystems, which occur in similar climates and share a
similar character and arrangement of vegetation, are Momes. The
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GUIDELINES AND REPORTS 2425
Arctic tundra, prairie grasslands, and the desert are examples. The
earth, its surrounding envelope of life-giving water and air, and
all its living things comprise the biosphere. Finally, man's total envi-
ronmental system includes not only the biosphere but also his inter-
actions with his natural and manmade surroundings.
Changes in ecosystems occur continuously. Myriad interactions take
place at every moment of the day as plants and animals respond to
variations in their surroundings and to each other. Evolution has
produced for each species, including man, a genetic composition that
limits how far that species can go in adjusting to sudden changes in
its surroundings. But within these limits the several thousand species
in an ecosystem, or for that matter, the millions in the biosphere,
continuously adjust to outside stimuli. Since interactions are so numer-
ous, they form long chains of reactions. Thus small changes in one part
of an ecosystem are likely to be felt and compensated for eventually
throughout the system.
Dramatic examples of change can be seen where man has altered the
course of nature. It is vividly evident in his well-intentioned but poorly
thought out tampering with river and lake ecosystems. The Aswan
Dam was primarily built to generate electric power. It produced
power, but it also reduced the fish population in the Mediterranean,
increased the numbers of disease-bearing aquatic snails, and markedly
lowered the fertility of the Nile Valley.
In the United States, the St. Lawrence Seaway has contributed sig-
nificantly to the economic growth of the Great Lakes region. Yet it
has done so at a high and largely unforeseen cost to the environment.
The completion of the Welland Canal let the predatory sea lamprey
into the Great Lakes. Trout, which had been the backbone of the lakes'
fishing industry, suffered greatly from the lamprey invasion. By the
mid-1950's the trout and some other large, commercial predatory fish
were nearly extinct. And with their near extinction, smaller fish,
especially the alewif e, normally kept under control by these predators,
proliferated. The aggressive alewife dominated the food supply and
greatly reduced the numbers of small remaining native fish, such as
the lake herring. The alewife became so numerous, in fact, that on oc-
casion great numbers died and the dead fish along the shore caused a
major public nuisance.
Man attempted to restore the ecological balance by instituting sea
lamprey control in the 1950's and 1960's and by stocking the lakes
with coho salmon beginning in 1965—to replace the lost native preda-
tory fish. Feeding on the abundant alewife, the salmon multiplied
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2426 LEGAL COMPILATION—GENERAL
rapidly and by 1969 had become important both as a commercial and
sport resource. Some of the salmon, however, were contaminated by
excessive concentrations of DDT and were taken off the commercial
market.
The lesson is not that such activities as the St. Lawrence Seaway
must be halted, but that the consequences of construction must be
carefully studied in advance of construction. Planners and managers
must begin to appreciate the enormous interrelated complexity of
environmental systems, weigh the tradeoffs of potential environmental
harm against the benefits of construction, look at alternatives, and
incorporate environmental safeguards into the basic design of new-
developments.
The stability of a particular ecosystem depends on its diversity
The more interdependences in an ecosystem, the greater the chances
that it will be able to compensate for changes imposed upon it. A com-
plex tropical forest with a rich mosaic of interdependencies possesses
much more stability than the limited plant and animal life found on
the Arctic tundra, where instability triggers frequent, violent fluctua-
tions in some animal populations, such as lemmings and foxes. The
least stable systems are the single crops—called monocultures—created
by man. A cornfield or lawn has little natural stability. If they are
not constantly and carefully cultivated, they will not remain corn-
fields or lawns but will soon be overgrown with a wide variety of
hardier plants constituting a more stable ecosystem.
The chemical elements that make up living systems also depend on
complex, diverse sources to prevent cyclic shortages or oversupply.
The oxygen cycle, which is crucial to survival, depends upon a vast
variety of green plants, notably plankton in the ocean. Similar di-
versity is essential for the continued functioning of the cycle by which
atmospheric nitrogen is made available to allow life to exist. This
cycle depends on a wide variety of organisms, including soil bacteria
and fungi, which are often destroyed by persistent pesticides in the
soil.
TYPES OF PROBLEMS
Pollution
Although pollution may be the most prominent and immediately
pressing environmental concern, it is only one facet of the many-
sided environmental problem. It is a highly visible, sometimes danger-
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GUIDELINES AND REPORTS 2427
ous sign of environmental deterioration. Pollution occurs when
materials accumulate where they are not wanted. Overburdened natural
processes cannot quickly adjust to the heavy load of materials which
man, or sometimes nature, adds to them. Pollution threatens natural
systems, human health, and esthetic sensibilities; it often represents
valuable resources out of place. DDT, for instance, is a valuable weapon
in combating malaria. But DDT, when out of place—for example in
lakes and streams—concentrates in fish, other wildlife, and the smaller
living things on which they depend.
Historically, man has assumed that the land, water, and air around
him would absorb his waste products. The ocean, the atmosphere, and
even the earth were viewed as receptacles of infinite capacity. It is
clear now that man may be exceeding nature's capacity to assimilate
his wastes.
Most pollutants eventually decompose and diffuse throughout the
environment. When organic substances are discarded, they are attacked
by bacteria and decompose through oxidation. They simply rot. How-
ever, some synthetic products of our advanced technology resist natural
decomposition. Plastics, some cans and bottles, and various persistent
pesticides fall into this category. Many of these materials are toxic,
posing a serious health danger.
Some pollutants, which may be thinly spread throughout the en-
vironment, tend to reconcentrate in natural food chains. Pesticides tend
to diffuse in ocean water. The physical effects of 1 pound of a well-
mixed pesticide in 10 billion pounds of water may seem negligible. But
many sea animals filter out particular kinds of chemical compounds,
including pesticides, and collect them in certain parts of their bodies
at concentrations far higher than in the water in which they live. Algae
may concentrate some component of a pesticide which is then con-
centrated further in the fish that eat the algae. In turn, still further
concentrations may occur in the birds that eat the fish. When the ac-
cumulation of the toxic substances reaches a high enough level, it may
kill the organism directly or interfere with its reproduction. A well-
known example of such accumulation occurred in 195Y at Clear Lake,
Calif. DDD (similar to DDT) was diffused through the water in a
concentration of only 0.02 parts per million. The lake's plant and ani-
mal organisms, however, had stored residues of DDD at 5 parts per
million—250 times greater than the concentration in the water itself.
Fish, which consumed large quantities of these small organisms, ac-
cumulated DDD concentrations in their body tissues of over 2,000 parts
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2428 LEGAL COMPILATION—GENERAL
per million. And there was heavy mortality among grebes which fed
on the fish.
Radioactive fallout from the air also concentrates through food
chains. Arctic lichens do not take in food through their roots but in-
stead absorb their mineral nutrition from dust in the air. Radioactive
fallout tends therefore to collect in the lichens and is further con-
centrated by grazing caribou, which eat huge quantities of lichen.
Caribou meat 'is a major part of the Eskimo's diet. Although recon-
centration of radioactive fallout at low levels has not been proved
damaging to health, the effects of long-term, low-level exposure to
radioactive pollutants are still not well known.
Water pollution is a problem throughout the country, but is most
acute in densely settled or industrial sections. Organic wastes from
municipalities and industries enter rivers, where they are attacked
and broken down by organisms in the water. But in the process,
oxygen in the river is used up. Nutrients from cities, industries, and
farms nourish algae, which also use up oxygen when they die and
decompose. And when oxygen is taken from the water, the river
"dies." The oxygen is gone, the game fish disappear, plant growth
rots, and the stench of decay reaches for miles.
Air pollution is now a problem in all parts of the United States and
in all industrialized nations. It has been well known for some time to
Los Angeles residents and visitors who have long felt the effect of
highly visible and irritating smog from automobile exhaust. Now Los
Angeles's local problem is becoming a regional problem, because
noxious air pollution generated in the Los Angeles Basin has spread
beyond the metropolitan area. This same problem, which seemed
unique to Los Angeles in the 1950's is today common to major cities
in the United States and abroad. Smog is but one of the many types of
air pollution that plague the United States, especially its cities.
Land Use
Urban land misuse is one of today's most severe environmental prob-
lems. The character of our urban areas changes rapidly. Old buildings
and neighborhoods are razed and replaced by structures designed with
little or no eye for their fitness to the community's needs. A jumble of
suburban developments sprawls over the landscape. Furthermore, lives
and property are endangered when real estate developments are built
on flood plains or carved out along unstable slopes.
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GUIDELINES AND REPORTS 2429
Unlimited access to wilderness areas may transform such areas into
simply another extension of our urban, industrialized civilization. The
unending summer flow of automobiles into Yosemite National Park has
changed one of nature's great wilderness areas into a crowded gather-
ing place of lessened value to its visitors. The worldwide boom in
tourism, teamed with rapid and cheap transportation, threatens the
very values upon which tourist attraction is based.
The proposed jetport west of Miami and north of the Everglades
National Park raised a dramatic land use problem. The jetport, to-
gether with associated transportation corridors, imperiled a unique
ecological preserve. Planners for the jetport had considered density
of population, regional transportation needs, and a host of other re-
lated variables. But they gave slight consideration to the wildlife and
recreational resources of the Everglades. The jetport could have
spawned a booming residential, commercial, and industrial complex
which would have diminished water quality and without question
drastically altered the natural water cycle of Southern Florida. This
in turn would have endangered all aquatic species and wildlife within
the park and beyond.
Natural Resources
Natural resource depletion is a particular environmental concern to a
highly technological society which depends upon resources for energy,
building materials, and recreation. And the methods of exploiting
resources often create problems that are greater than the value of the
resources themselves.
A classic case was the Federal Government's decision to permit oil
drilling in California's Santa Barbara Channel. There, primary value
was placed on development of the oil resources. The commercial, rec-
reational, esthetic, and ecological values, which also are important
to the residents of Santa Barbara and to the Nation, were largely
ignored. The President recently proposed to the Congress that the
Federal Government cancel the 20 Federal leases seaward from the
State sanctuary extending 16 miles along the Santa Barbara Channel.
This is where the blowout erupted in January 1969, spreading a coat
of oil across hundreds of square miles including the sanctuary. This
action illustrates a commitment to use offshore lands in a balanced and
responsible way.
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2430 LEGAL COMPILATION—GENERAL
CAUSES OF PROBLEMS
Environmental problems seldom stem from simple causes. Bather
they usually rise out of the interplay of many contributing
circumstances.
Misplaced Economic Incentives
Many individuals cite selfish profit seekers for environmental degra-
dation, rather than laying much of the blame—where it belongs—to
misplaced incentives in the economic system. Progress in environ-
mental problems is impossible without a clearer understanding of how
the economic system works in the environment and what alternatives
are available to take away the many roadblocks to environmental
quality.
Our price system fails to take into account the environmental
damage that the polluter inflicts on others. Economists call these
damages—which are very real—"external social costs." They re-
flect the ability of one entity, e.g., a company, to use water or air as a
free resource for waste disposal, while others pay the cost in con-
taminated air or water. If there were a way to make the price struc-
ture shoulder these external costs—taxing the firm for the amount of
discharge, for instance—then the price for the goods and services pro-
duced would reflect these costs. Failing this, goods whose production
spawns pollution are greatly underpriced because the purchaser does
not pay for pollution abatement that would prevent environmental
damage. Not only does this failure encourage pollution but it warps
the price structure. A price structure that took environmental degrada-
tion into account would cause a shift in prices, hence a shift in con-
sumer preferences and, to some extent, would discourage buying pollu-
tion-producing products.
Another type of misplaced incentive lies imbedded in the tax struc-
ture. The property tax, for example, encourages architectural design
that leans more to rapid amortization than to quality. It may also
encourage poor land use because of the need for communities to
favor industrial development and discourage property uses, such as
high-density housing, which cost more in public services than they
produce in property taxes. Other taxes encourage land speculation
and the leapfrog development that has become the trademark of the
urban-rural fringe.
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GUIDELINES AND REPORTS 2431
Values
American have placed a high priority on convenience and consumer
goods. In recent times they have learned to value the convenience
and comfort of modern housing, transportation, communication,
and recreation above clean earth, sky, and water. A majority, like
a prodigal son, have been willing to consume vast amounts of re-
sources and energy, failing to understand how their way of life may
choke off open space, forests, clean air, and clear water. It is only re-
cently that the public has become conscious of some of the conflicts be-
tween convenience and a deteriorating environment.
In the early days of westward expansion, a period in which many
national values were shaped, choices did not seem necessary. The for-
ests, minerals, rivers, lakes, fish, and wildlife of the continent seemed
inexhaustible. Today choices based on values must be made at every
turn. Values can be gauged to some degree by the costs that the Nation
is collectively willing to incur to protect them. Some of the costs
of environmental improvements can be paid with local, State, and
Federal tax money. But paying taxes and falling back on government
programs is not enough. People may ultimately have to forgo some
conveniences and pay higher prices for some goods and services.
Population
Americans are just beginning to measure the magnitude of the
impact of population and its distribution on their environment. The
concept that population pressures are a threat to the Nation's well-
being and to its environment is difficult to grasp in a country which,
during its formative decades, had an ever receding western frontier.
That frontier ended at the Pacific many years ago. And it is at the
western end of the frontier that some of the most serious problems
of population growth emerge most clearly.
California continues to lure large numbers of Americans from all
over the country, in large part because of its climate and its beauty.
But as the people come, the pressures of population mount. Smog,
sprawl, erosion, loss of beaches, the scarring of beautiful areas, and
the congestion of endless miles of freeways have caused thoughtful
Californians to consider stemming the continued uncontrolled devel-
opment of their State. When the Governor's Conference on Califor-
nia's Changing Environment met last fall, it agreed that there was
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2432 LEGAL COMPILATION—GENERAL
now a need "to deemphasize growth as a social goal and, rather, to en-
courage development within an ideal and quality environment."
The magnitude of the press of population, although significant,
must be put in perspective. This is a vast country, and its potential for
assimilating population is impressive, although there is disagreement
over what level of population would be optimum. Some authorities
believe that the optimum level has already been passed, others that
it has not yet been reached. More troublesome, population control
strikes at deeply held religious values and at the preference of some
Americans for large families.
Population density outside metropolitan areas is not high. There is a
desire—indeed an almost inevitable compulsion—to concentrate popu-
lation in urban areas—primarily in the coastal and Great Lakes
regions. If the trend continues, 70 to 80 percent of all Americans
will be concentrated in five large urban complexes by the year 2000.
The pressures that cause environmental problems that the Nation now
confronts—water and air pollution and inefficient land use—will only
increase.
Population growth threatens the Nation's store of natural resources.
Currently the United States, with about 6 percent of the world's
population, uses more than 40 percent of the world's scarce or non-
replaceable resources and a like ratio of its energy output. Assum-
ing a fixed or nearly fixed resource base, continued population growth
embodies profound implications for the United States and for the
world.
Technology
The major environmental problems of today began with the In-
dustrial Revolution. Belching smoke from factory stacks and the
dumping of raw industrial wastes into rivers became the readily iden-
tified, but generally ignored hallmarks of "progress" and production.
They are no longer ignored, but the extraordinary growth of the
American economy continues to outpace the efforts to deal with its
unwanted byproducts.
The growth of the economy has been marked not just by greater
production but also by an accelerating pace of technological innova-
tion. This innovation, although it has provided new solutions to
environmental problems, has also created a vast range of new prob-
lems. New chemicals, new uses for metals, new means of transporta-
tion, novel consumer goods, new medical techniques, and new industrial
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GUIDELINES AND REPORTS 2433
processes all represent potential hazards to man and his surroundings.
The pace of technological innovation has exceeded our scientific and
regulatory ability to control its injurious side effects. The environ-
mental problems of the future will increasingly spring from the
wonders of 20th-century technology. In the future, technology assess-
ment must be used to understand the direct and secondary impacts of
technological innovation.
Mobility
The extraordinary, growing mobility of the American people con-
stitutes another profound threat to the environment—in at least three
major ways. The physical movement of people crowds in on metro-
politan centers and into recreation areas, parks, and wild areas. Mobil-
ity permits people to live long distances from their places of employ-
ment, stimulating ever greater urban and suburban sprawl. The
machines of this mobility—particularly automobiles and aircraft—
themselves generate noise, air pollution, highways, and airports—all
in their way affecting the environment.
The automobile freed Americans from the central city and launched
the flight to the suburbs. As a consequence, thousands of acres of
undeveloped land fall prey each year to the bulldozer. More single-
family, detached homes shoulder out the open spaces. Many of these
developments are drab in design and wasteful of land. They denude
the metropolitan area of trees and thus affect climate; they cause ero-
sion, muddy rivers, and increase the cost of public services.
Limitations of Government Units
Most government agencies charged with solving environmental prob-
lems were not originally designed to deal with the severe tasks
they now face. And their focus is often too narrow to cope with the
broad environmental problems that cut across many jurisdictions.
Agencies dealing Avith water pollution, for example, typically do not
have jurisdiction over the geographic problem area—the watersheds.
Control is split instead among sewerage districts, municipalities, and a
multitude of other local institutions. To attack water pollution effec-
tively may require establishing new river basin authorities or state-
wide basin agencies with the power to construct, operate, and assess
for treatment facilities.
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2434 LEGAL COMPILATION—GENERAL
Public decisions, like private decisions, suffer from the inadequate
balancing of short-run economic choices against long-term environ-
mental protection. There is a nearly irresistible pressure on local
governments to develop land in order to increase jobs and extend the
tax base—even if the land is valuable open space or an irreplaceable
marsh. The problem is amplified by the proliferation of agencies, all
competing narrowly, without consideration of broader and often
common goals. The development that generates economic benefits in a
town upstream may create pollution and loss of recreation in a town
downstream.
Information Gap
Sometimes people persist in actions which cause environmental
damage because they do not know that they are causing it. Construc-
tion of dams, extensive paving of land surfaces, and filling of estuaries
for industrial development have in many cases been carried out with
incomplete or wrong information about the extent of the impact on the
environment. Furthermore, change in the environment has often been
slow and exceedingly difficult to detect, even though piecemeal changes
may eventually cause irreversible harm. Widespread use of certain
types of pesticides, mercury pollution, and the use of dangerous sub-
stances such as asbestos occurred without advance recognition of their
potential for harm.
EFFECTS OF PROBLEMS
Health
The impact of environmental deterioration on health is subtle, often
becoming apparent only after the lapse of many years. The speed of
change in a rapidly altering technological society and the complex
causes of many environmental health problems produce major uncer-
tainty about what environmental changes do to human well-being.
Nevertheless, it is clear that today's environment has a large and
adverse impact on the physical and emotional health of an increasing
number of Americans.
Air pollution has been studied closely over the past 10 years, and its
tie to emphysema and chronic bronchitis is becoming more evident.
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GUIDELINES AND REPORTS 2435
These two diseases are major causes of chronic disability, lost work-
days, and mortality in industrial nations. Estimates of deaths attribu-
table to bronchitis and emphysema are beset with doubts about cause;
nevertheless, physicians have traced 18,000 more deaths in the United
States to these two causes in 1966 than 10 years earlier—an increase of
two and one-half times. The increase of sulfur oxides, photochemical
oxidants, and carbon monoxide in the air is related to hospital ad-
mission rates and length of stay for respiratory and circulatory cases.
Whether the accumulation of radioactive fallout in body tissues
will eventually produce casualties cannot be predicted now, but close
surveillance is needed. Nor has a direct correlation between factors
in the urban environment and major malignancies of the digestive,
respiratory, and urinary tracts been established. But the frequency of
these diseases is much higher in cities than in nonurban environments.
Esthetics
The impact of the destruction of the environment on man's percep-
tions and aspirations cannot be measured. Yet today citizens are seek-
ing better environments, not only to escape pollution and deterioration
but to find their place in the larger community of life. It is clear that
few prefer crowding, noise, fumes, and foul water to esthetically
pleasing surroundings. Objections today to offensive sights, odors, and
sounds are more widespread than ever. And these mounting objections
are an important indicator of what Americans are unwilling to let
happen to the world about them.
Economic Costs
The economic costs of pollution are massive—billions of dollars
annually. Paint deteriorates faster, cleaning bills are higher, and air
filtering systems become necessary. Direct costs to city dwellers can be
measured in additional household maintenance, cleaning, and medical
bills. Air pollution causes the housewife to do her laundry more often.
The farmer's crop yield is reduced or destroyed. Water pollution pre-
vents swimming, boating, fishing, and other recreational and com-
mercial activities highly valued in today's world.
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2436 LEGAL COMPILATION—GENERAL
Natural Systems
Vast natural systems may be severely damaged by the improvident in-
tervention of man. The great Dust Bowl of the 1930's was born in the
overuse of land resources. Many estuarine areas have been altered and
their ecology permanently changed. On a global scale, air pollution
could trigger large-scale climatic changes. Man may also be changing
the forces in the atmosphere through deforestation, urban construction,
and the spilling of oil on ocean waters.
SOLVING PROBLEMS
In the short run, much can be done to reverse the deadly downward
spiral in environmental quality. Citizens, industries, and all levels of
government have already begun to act in ways which will improve
environmental quality. The President's February 10 Message on the
Environment spelled out some specific steps which can be taken now.
It is clear, however, that long-range environmental improvement
must take into account the complex interactions of environmental
processes. In the future, the effects of man's actions on complete eco-
systems must be considered if environmental problems are to be solved.
Efforts to solve the problems in the past have merely tried—not very
successfully—to hold the line against pollution and exploitation. Each
environmental problem was treated in an ad hoc fashion, while the
strong, lasting interactions between various parts of the problem were
neglected. Even today most environmental problems are dealt with
temporarily, incompletely, and often only after they have become
critical.
The isolated response is symptomatic of the environmental crisis.
Americans in the past have not adequately used existing institutions
to organize knowledge about the environment .and to translate it into
policy and action. The environment cuts across established institu-
tions and disciplines. Men are beginning to recognize this and to con-
template new institutions. And that is a hopeful sign.
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GUIDELINES AND REPORTS 2437
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THE FEDERAL GOVERNMENT'S pace in tackling environmental
deterioration has greatly accelerated. The problems of pol-
lution, waste, and degradation, haphazardly handled, have pressed in
on daily living and forced Washington to become more deeply in-
volved and better organized. This year President Nixon has proposed
legislation on a wide range of environmental concerns. The Govern-
ment has to reorganize for a comprehensive attack.
How the Federal Government is organized can strongly influence
its strategies, programs, and effectiveness in coping with the
environment.
In recent years, Federal institutions responsible for environmental
quality have been handicapped by a managerial organization poorly
suited to the task. The Federal Government has needed improvement
in three environmental areas.
First, it has needed to sharpen both the development of environ-
mental policy and the analysis of environmental trends and programs.
Many problems of the environment cut across several Federal agencies,
but no one agency—and until recently no special staff in the Executive
Office of the President—has had an overview function.
-------
2438 LEGAL COMPILATION—GENERAL
Second, environmental concerns are often slighted when agencies
pursue their primary missions with inadequate attention to side ef-
fects. For example, the agencies which construct or fund the construc-
tion of highways, dams, and airports are chiefly concerned with costs
and engineering feasibility. Such quantitative factors usually over-
shadow adequate consideration of a project's environmental impact.
Finally, as environmental control programs grow in scope and au-
thority, effective management grows more difficult. Different agencies
carrying out like functions, such as standard setting, research, moni-
toring, and regulation, have operated independently of one another.
FEDERAL POLICYMAKING
Establishment of the Council on Environmental Quality
In May 1969, President Nixon established the first organizational
entity charged with taking a broad overview of environmental prob-
lems—the Cabinet-level Environmental Quality Council, chaired by
the President. It was still felt, however, that the Executive Office
needed an independent organization concerned exclusively with en-
vironmental problems and yet not made up of the many existing
agencies. Such an organization would be free to look at environmental
problems in new ways and to propose new approaches for dealing with
them. With broad bipartisan backing, the Congress enacted two re-
lated measures: the National Environmental Policy Act of 1969 and
the Environmental Quality Improvement Act of 1970. The Cabinet-
level Environmental Quality Council was abolished by Reorganiza-
tion Plan No. 2 of 1970, which established a Domestic Council in the
Executive Office of the President.
On January 1, 1970, President Nixon signed the National Environ-
mental Policy Act (Public Law 91-190). That act established a
national policy on the environment, placed new responsibilities on Fed-
eral agencies to take environmental factors into account in their de-
cisionmaking, and created a Council on Environmental Quality in the
Executive Office of the President. The President appointed Russell E.
Train as chairman of the newly created Council and Robert Cahn
and Gordon J. F. MacDonald members. They were confirmed by the
Senate on February 6.
The act charges the Council with assisting the President in prepar-
ing an annual environmental quality report and making recommen-
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GUIDELINES AND REPORTS 2439
dations to him on national policies for improving environmental
quality. It empowers the Council to analyze conditions and trends
in the quality of the environment and to conduct investigations relat-
ing to the environment. It gives the Council responsibility for apprais-
ing the effect of Federal programs and activities on environmental
quality, and authorizes funds for 1970-1973.
The Council's ability to perform its functions was significantly
strengthened this year by the Environmental Quality Improvement
Act of 1970 (Public Law 91-224) (see app. F), which was passed as
title II of the Water Quality Improvement Act of 1970. This act
created a new Office of Environmental Quality, which provides staff
support to the Council. The Chairman of the Council on Environ-
mental Quality serves as its Director and the activities of the Council
and Office are meshed into one entity. The Act authorized funds for
the Office, bringing the total authorization for the Council and the
Office to $800,000 for fiscal year 1970; $1,450,000 for 1971; $2,250,000
for 1972; and $2,500,000 for 1973. The Environmental Quality Im-
provement Act also added to the responsibilities of the Council and
the Office. It specified that they should review monitoring, evaluate
the effects of technology, and assist Federal agencies in the develop-
ment of environmental standards.
On March 5, 1970, the President issued Executive Order 11514.
Together with the two public laws, it empowers the Council to recom-
mend to the President and to Federal agencies priorities in environ-
mental programs. Under the order and the acts, the Council will
also promote the development and use of indices and monitoring sys-
tems and advise and assist the President and the agencies in achieving
international environmental cooperation—under the foreign policy
guidance of the Department of State. Taken together, the legislation
and the Executive order provide a broad charter for the Council.
They also provide a mandate for reform in the way Federal
agencies make environmental decisions—from initial planning to
implementation.
A New Step in Decisionmaking
The National Environmental Policy Act requires Federal agencies
to take several significant steps. One is to include in every recommenda-
tion or report on legislation and on other major Federal actions
significantly affecting the quality of the environment a detailed state-
ment concerning the environmental impact of the action, adverse
-------
2440 LEGAL COMPILATION—GENERAL
impacts that cannot be avoided, alternatives to the proposed action,
the relationship between short- and long-term uses, and any irre-
versible commitment of resources involved. The detailed statements
will include the comments of State and local environmental agencies
as well as appropriate Federal agencies with environmental expertise.
The statements will then be made available to the Council on Environ-
mental Quality, the President, and the public.
Executive Order 11514 further requires that Federal agencies con-
tinually monitor their own activities to enhance environmental qual-
ity. The order also requires that the agencies provide for timely
public information and hearings, where appropriate, on Federal plans
and programs with potential environmental impact.
On April 30, the Council on Environmental Quality issued Interim
Guidelines for the preparation of environmental statements, requiring
each Federal agency to establish internal procedures for implementing
this provision of the act by June 1, 1970. The Council's Interim
Guidelines, published in the Federal Register (see app. G), will be
reviewed and revised as necessary.
In addition to its immediate impact within the Federal establish-
ment, the provision of the law requiring detailed environmental state-
ments has been the subject of litigation in several lawsuits and admin-
istrative proceedings. In one instance a Federal court blocked a
Federal loan to develop a wildlife habitat into a golf course pending
submission of the required environmental analysis. In another, the
Corps of Engineers was enjoined from removing the ground cover
along a river in Arizona.
The environmental statements required of the agencies add a vital
step to the decisionmaking process. Federal agencies are now required
to consider explicitly the environmental implications of their actions.
Such consideration will permit Federal, State, and local agencies and
other Federal agencies having an interest in the environment to re-
view the environmental implications of a Federal project before the
project is undertaken. The Federal Government need no longer be
in the position of trying to repair damage to the environment after
the damage has been done because the relevant factors were not con-
sidered at the time of decision.
Council Activities
Since it was organized the Council has been involved in a wide
variety of projects, many at the direction of the President. In his
-------
GUIDELINES AND REPORTS 2441
February 10, 1970, Message on the Environment, the President di-
rected the Council to provide leadership in the areas of agricultural
pollution, in the development of nonpolluting power sources for the
automobile, and in the recycling and reuse of solid wastes. In the area
of solid wastes, the Council has been evaluating the feasibility of
recycling junked automobiles, beverage containers, paper, and waste
oil. In his April 15 Message to Congress on Waste Disposal, the Presi-
dent directed the Council, in consultation with other Federal agencies
and State and local governments, to develop a Federal policy and
programs for controlling disposal of wastes in the ocean.
The Council is involved in a number of other activities. It par-
ticipated with other agencies in developing the President's proposals
to control and prevent oil spills from ships and boats. It is now work-
ing with a number of Federal agencies on proposals to control
air and water pollution, solid wastes, pesticides, noise, and mercury
pollution; to reduce the phosphate content of detergents; and to
control pollution in the Great Lakes.
The President, in Executive Order 11507, directed Federal agencies
to undertake an extensive program to bring Federal facilities in line
with air and water quality standards. That order envisions a 3-year
program to demonstrate Federal leadership in the Nation's antipollu-
tion drive. The Council was made responsible for maintaining a
continuing review of this program.
The Council has established three advisory committees. One,
formed on April 6, 1970, advises the Council on the impact of cur-
rent Federal, State, and local tax structures on the environment. A
Legal Advisory Committee announced on April 30, advises the Council
on a broad range of environmental legal questions. A task force on the
development of a virtually nonpolluting automobile had its first meet-
ing on July 9.
The Council is at work identifying improved indicators of environ-
mental quality and determining requirements for comprehensive en-
vironmental monitoring systems. Current monitoring systems are
often spotty in coverage and do not provide the total information
necessary to assess environmental conditions and trends, or to predict
the impact of proposed actions, or to determine the effectiveness of
programs for protecting and enhancing environmental quality.
A number of additional broad environmental policy issues are also
under consideration by the Council. It is evaluating a wide range
of Federal programs for their impact on the development and growth
of specific areas. It is measuring the sufficiency of land use planning
and control at State and local levels, and it is seeking alternative in-
-------
2442 LEGAL COMPILATION—GENERAL
stitutional and control mechanisms for better land use management.
It is also analyzing the growing levels of toxic substances injected into
the environment by new and complex manufacturing processes and
is searching for alternative ways to pretest and control them.
In all of these activities, the Council works closely with Executive
Office agencies such as the Office of Science and Technology, Council
of Economic Advisers, and Office of Management and Budget. It also
works with the program agencies such as the Departments of the
Interior; Health, Education, and Welfare; Agriculture; Transporta-
tion; Commerce, and others. Only by working through these agencies
is it possible to deal with the broad range of environmental problems.
REORGANIZING THE FEDERAL STRUCTURE
The current fragmentation of programs for environmental protec-
tion makes it difficult for the Federal Government to pursue a coordi-
nated anti-pollution strategy. Although many of the same pollutants
may be disposed of either in the air or on water or land, major pollu-
tion control programs treat them separately according to the medium
where they occur. Imbalance, overlap, and neglect come from con-
fusion about the extent to which air and water pollution control
agencies are responsible for radioactive materials and pesticides when
these substances appear in air or water. Some agencies which admin-
ister environmental control programs also have developmental
responsibilities which tend to be inconsistent with their environmen-
tal programs.
These problems have become increasingly apparent in recent years.
In 1969, President Nixon directed his Advisory Council on Executive
Organization, headed by Roy L. Ash, to make a thorough study of
Federal environmental programs. The President stated in his 1970
Message on the Environment that he would recommend needed orga-
nizational reforms based on the Ash Council report.
On July 9, 1970, the President transmitted to the Congress two
reorganization plans to improve administration of environmental and
oceanographic programs. One plan would consolidate pollution con-
trol programs in a new, independent Environmental Protection
Agency. The other would consolidate a number of marine and atmos-
pheric programs in a new National Oceanic and Atmospheric Admin-
istration in the Department of Commerce. In his message on the two
-------
GUIDELINES AND REPORTS 2443
reorganization plans, the President said that "only by reorganizing
our Federal efforts can we ... effectively ensure the protection,
development and enhancement of the total environment."
The Environmental Protection Agency
The Environmental Protection Agency (EPA) would combine pro-
grams now housed in five separate Federal agencies. It would be inde-
pendent of any Cabinet agency—similar to NASA or the AEC. Its
main role would be to establish and enforce standards, monitor and
analyze the environment, conduct research and demonstrations, and
assist State and local government pollutio'n control programs.
The Federal Water Quality Administration, now in the Depart-
ment of the Interior, and the National Air Pollution Control Admin-
istration, now in the Department of Health, Education, and Welfare
(HEW), would be transferred to EPA. These would give EPA broad
authority and ability to control air and water pollution. The new
agency would carry out all the functions and responsibilities contained
in the Clean Air and Federal Water Pollution Control Acts.
EPA would also take over the solid waste management program
from HEW. It would take from the Federal Radiation Council the
power to establish guidelines and recommend standards for radiation
exposure. It would assume the authority of the Atomic Energy Com-
mission to set standards for radiation hazards in the general
environment.
The new Agency would pull together the widely scattered programs
dealing with the environmental impact of pesticides. It would assume
authority, now in the Department of Agriculture, to register pesti-
cides. It would acquire the pesticide research and standard-setting
programs of the Food and Drug Administration of HEW.
EPA's total budget would approach $1.4 billion, and it would em-
ploy almost 6,000 Federal personnel. It would be able to deal with
significant problems that the current, fragmented organization of
environmental protection programs is not capable of handling.
Many pollutants are not limited to one medium—air, land, or
water—and are difficult to combat by media, which is the primary
organizational basis of current programs. Pesticides, for example,
which are applied to crops or land, degrade and disperse. Anywhere
along the way, they may intrude on land, water, or air. EPA will be
able to establish standards for the control of pollutants, taking into
account the "total body burden"—that is, how much of a given sub-
-------
2444 LEGAL COMPILATION—GENERAL
stance an individual is exposed to whether it comes from air, water,
or land. By bringing together research and monitoring activities
from several agencies, EPA will be able to provide an "early warning
system" against the accumulation of hazards.
Some pollution problems remain unrecognized because of gaps in
agency jurisdiction or because no one agency has clear lead respon-
sibility. With its broad responsibility for environmental protection,
EPA would greatly improve the ability to recognize and to take
action against such "new" pollution problems as noise. Pollution
problems of the future will cut more and more across the jurisdictions
of existing agencies, making the need for a unified agency even
greater.
Also, the same source may contribute to several different kinds of
pollution. Many industrial firms are able to choose the particular
medium in which they will dump their wastes. The current organiza-
tion deals separately with each medium. A case in New Jersey illu-
strates this problem. A manufacturing firm was required by court
order to control air pollution pouring from the stacks of one of its
large factories. The firm installed control devices which converted
the gaseous wastes into a liquid. But then the wastes were dumped
into a nearby river, and the firm is now back in court for violating
water quality standards. Creation of EPA cannot guarantee that such
problems will no longer arise. But it can provide more rational stand-
ards and more coordinated enforcement, which will permit industry
and State and local governments to work toward total environmental
improvement.
Current environmental protection programs compete for funds
with health, resource, and development programs—with no clear
framework for establishing priorities among them. EPA will provide
an opportunity to weigh priorities carefully and develop an optimum
mix of manpower and funds. It will be able to marshall improved
overall strategies for attacking pollution problems.
The new EPA and the Council on Environmental Quality will rein-
force each other's mission. The Council is essentially a staff organiza-
tion. It is not intended to have operating responsibilities. Its function
is to advise the President on environmental policies, to coordinate
all activities of the Federal agencies related to environmental quality
and to work with the agencies to insure that environmental considera-
tion be a key element of decisionmaking. EPA, on the other hand, will
be responsible for executing antipollution policies and for carrying out
the many functions involved in controlling pollution. It will assist the
-------
GUIDELINES AND REPORTS 2445
Council in developing and recommending to the President new policies
for the protection of the environment.
There is also a difference in the scope of concern of the two agencies.
The Council is responsible for the environment, broadly defined. This
includes such subjects as population, land use, and conservation. The
new agency will focus specifically on pollution control, which is only
one part of the Council's responsibilities. But, creation of EPA will be
a key building block in achieving the comprehensive view of envi-
ronmental matters which the Council seeks.
The National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA)
would be composed of selected marine programs transferred from the
Department of the Interior, the National Science Foundation (NSF),
the Coast Guard, the Navy, and the Army Corps of Engineers. Its
budget would total about $270 million, and it would have a personnel
strength of over 12,000. These programs would be transferred to
NOAA: Environmental Science Services Administration (Com-
merce) ; most elements of the Bureau of Commercial Fisheries, the
marine sport fish program from the Bureau of Sport Fisheries and
Wildlife, the major part of the anadromous fish program, and
the marine mining program (Interior); the Office of Sea Grant
Programs (NSF) ; the national data buoy development program
(Coast Guard); and the Great Lakes Survey (Corps of Engineers).
NOAA would be located in the Department of Commerce.
The NOAA proposal in large part reflects the recommendations of
the Commission on Marine Science, Engineering and Resources as
published in its report, "Our Nation and the Sea," in January 1969.
The President, in transmitting the proposal to Congress, stated that
he expected NOAA to "exercise leadership in developing a national
oceanic and atmospheric program of research and development."
A Coordinated Attack
In his message to the Congress of July 9, the President called his
reorganization proposals "an opportunity to re-evaluate the ade-
quacy of existing program authorities. ... As these two new organi-
zations come into being, we may well find that supplementary
legislation to perfect their authorities will be necessary. I look forward
to working with the Congress in this task."
-------
2446 LEGAL COMPILATION—GENERAL
NOAA provides new opportunities to improve understanding of
oceanic and atmospheric resources. The creation of the Council on
Environmental Quality and the reorganization plan for an Environ-
mental Protection Agency represent a bold move in Federal organi-
zation for environmental quality. For the first time, the Nation will
have the type of policy and organizational focus to mount an effective,
coordinated attack on pollutants and other forms of environmental
decay.
-------
GUIDELINES AND REPORTS 2447
HI
vUater
THROUGHOUT history man has been ravaged by plague and
epidemics visited on him by poor sanitation and polluted
water. In more modern times, the great typhoid epidemics that swept
London in the mid-19th century underscored the peril of water pollu-
tion and launched the first organized steps to combat it. And until
very recent times this stress on preventing waterborne disease was the
major thrust of efforts to stem the decline of the environment.
Americans have acted, until recently, as though their rivers and
lakes had an infinite capacity to absorb wastes. Pollution was con-
sidered the price of progress. Not until 1948 was comprehensive Fed-
eral water pollution control legislation enacted, and the first
permanent legislation was not passed until 1956. The original over-
riding concern was with human health, and almost all State water pol-
lution programs were carried on by State health departments.
Water pollution control legislation and programs have now been
broadened to embrace a host of environmental concerns, including
recreation and esthetics. Epidemics due to waterborne causes are
largely of the past, and our health efforts have moved to a more
sophisticated concern for the effects of small amounts of toxic chem-
icals on humans and other forms of life.
Three reasons, besides the changed nature of the health problem,
help explain the broader environmental concern of today: First, the
-------
2448 LEGAL COMPILATION—GENERAL
growth of industries and cities has multiplied pollution in most water-
ways; second, demand for outdoor recreation has grown in a society
increasingly affluent and leisure oriented; and third—a thread run-
ning through all the others—is man's inexplicable affinity to water.
Whether it is the pleasure he derives from a fountain, the mood of a
walk along the lake shore, the relaxation of fishing, or his identifica-
tion with majestic water bodies—the Danube, the Great Lakes, or
San Francisco Bay—man has found tranquility and inspiration in
his appreciation of water. But, the current condition of many of
our lakes and rivers makes appreciation impossible.
Pollution problems exist in all parts of the United States, particu-
larly in the Northeast and in the Great Lakes region. In these areas,
which have experienced tremendous urban and industrial growth over
the past century, there was, at least until recently, inadequate invest-
ment in the construction of treatment plants. Now a big backlog of
needed construction has accumulated. Specific sources of pollution,
besides the ordinary municipal and industrial wastes, affect certain
areas. Acid mine pollution is common in the coal mining States of
Appalachia, and saline pollution occurs in the irrigation areas of
Western States.
In some areas of the country, remedial programs have succeeded
in raising the levels of water quality. However, population and in-
dustrial growth, higher water quality demanded by the public, and
the increasing severity of certain types of pollution—for example, oil
spills and increased algal blooms in lakes—all mean that we have
only begun to tackle the problem.
NATURAL PROCESSES AND WATER POLLUTION
Several basic biological, chemical, and physical processes affect the
quality of water.
Organic wastes decompose by bacterial action. Bacteria attack wastes
dumped into rivers and lakes, using up oxygen in the process. Organic
wastes are measured in units of biochemical oxygen demand (BOD),
or chemical oxygen demand (COD), both measures of the amount of
oxygen needed to decompose them. The COD measure is more in-
clusive than BOD, but BOD is much more commonly used. Fish and
other aquatic life need oxygen. If the waste loads are so great that
large amounts of oxygen are spent in their decomposition, certain
types of fish can no longer live in that body of water. A pollution-
-------
GUIDELINES AND REPORTS 2449
resistant, lower order of fish, such as carp, replace the original fish
population. The amount of oxygen in a water body is therefore one
of the best measures of its ecological health.
If all the oxygen is used, an anaerobic (without air) decomposi-
tion process is set in motion with a different mixture of bacteria.
Rather than releasing carbon dioxide in the decomposition process,
anaerobic decomposition releases methane or hydrogen sulfide. In
these highly polluted situations, the river turns dark, and odors—
often overwhelming—penetrate the environment.
Heated water discharged into lakes and rivers often harms aquatic
life. Heat accelerates biological and chemical processes, which reduce
the ability of a body of water to retain dissolved oxygen and other
dissolved gases. Increases in temperature often disrupt the reproduc-
tion cycles of fish. By hastening biological processes, heat accelerates
the growth of aquatic plants—often algae. Finally, the temperature
level determines the types of fish and other aquatic life that can live
in any particular body of water. Taken together, these effects of ex-
cess heat operate to change the ecology of an area—sometimes drasti-
cally and rapidly.
One of the most serious water pollution problems is eutrophication—
the "dying of lakes." All lakes go through a natural cycle of eutrophi-
cation, but normally it takes thousands of years. In the first stage—
the oligotrophic—lakes are deep and have little biological life. Lake
Superior is a good example. Over time, nutrients and sediments are
added; the lake becomes more biologically productive and shallower.
This stage—the mesotrophic—has been reached by Lake Ontario. As
nutrients continue to be added, large algal blooms grow, fish popula-
tions change, and the lake begins to take on undesirable characteris-
tics. Lake Erie is now in this eutrophic stage. Over time, the lake
becomes a swamp and finally a land area.
Man greatly accelerates this process of eutrophication when he adds
nutrients to the water—detergents, fertilizers, and human wastes. He
has done this in Lake Erie and countless other lakes. Man's action can,
in decades, cause changes that would have taken nature thousands
of years.
WHERE WATER POLLUTION COMES FROM
Although water pollution comes from many sources, the major ones
are industrial, municipal, and agricultural.
-------
2450 LEGAL COMPILATION—GENERAL
Industrial Wastes
The more than 300,000 water-using factories in the United States
discharge three to four times as much oxygen-demanding wastes as
all the sewered population of the United States. Moreover, many of the
wastes discharged by industry are toxic. Table 1 shows the amount of
water consumed by various industries and the pollution loads, before
treatment, that they produce. The output of industrial wastes is grow-
ing several times faster than the volume of sanitary sewage.
TABLE 1.—Estimated Volume of Industrial Wastes Before Treatment, 1964 *
Industry
Canned and frozen food .
Sugar refining ... -
Allother
Textile mill products , ..
Paper and allied products ._
Allother .- .
Electrical machinery .
Transportation equipment _
For comparison: Sewered population of United States
Waste-
water
volume
(billion
gallons)
690
99
58
87
220
220
140
1,900
3 700
1,300
160
4,300
3,600
740
150
91
240
450
13,100
25,300
Process
water
intake
(billion
gallons)
260
52
13
51
110
43
110
1,300
560
88
19
1 000
870
130
23
28
58
190
3 700
BOD
(million
pounds)
4 300
640
400
1,200
1,400
670
890
5,900
9 700
500
40
480
160
320
60
70
120
390
22 000
=7,300
Suspend-
ed solids
(million
pounds)
6 600
640
2SO
600
5 000
110
N.E.
3,000
1 900
460
50
4 700
4 300
430
50
20
N.E.
930
18 000
<8,800
i Columns may not add, due to rounding.
2120,000,000 persons times 120 gallons tiroes 365 days.
3120,000,000 persons times 1/6 pound times 365 days.
• 120,000,000 persons times 0.2 pound tunes 365 days.
Source: Data derived from T. J. Powers, National Industrial Waste Assessment, 1967.
Although there is as yet no detailed inventory of industrial wastes,
indications are that over half the volume discharged to water comes
from four major industry groups—paper, organic chemicals, petro-
leum, and steel.
-------
GUIDELINES AND REPORTS 2451
The greatest volume of industrial wastes is discharged in the North-
east, the Ohio River Basin, the Great Lakes States, and the Gulf Coast
States. Lesser, but significant volumes are discharged in some areas
of the Southeast and the Pacific Coast States.
Most industrial water waste can be curbed—and much has been—
by treatment and by designing production processes that minimize
waste. For example, the average waste from modern sulfate pulp and
paper plants is only 7 percent of what it was in the older sulfite
process. Treatment processes are now available for most industrial
wastes. Their total estimated costs, as a percentage of gross sales by
all industry are well under 1 percent, although costs are much higher
for some industries. Also, many industrial wastes—those from food
processing, for example—can be treated efficiently (after pretreatment
in some cases) in municipal waste treatment systems.
Some industrial pollution, however, presents difficult abatement
problems. The trend toward using and shipping complex chemical
products has greatly increased the possibility of releasing wastes in the
environment. Many of these new chemicals are very difficult to detect
and to control, and there is fear that too little caution and study
preceded the processing and marketing of some of these materials.
Small amounts of heavy metals can be a problem. For example,
until early this spring, little attention was given to mercury, although
separate incidents of mercury poisoning had occurred in Japan and
Sweden. Currently, levels of mercury above Food and Drug Adminis-
tration standards have been discovered in more than 20 States with
the result that in many of them, sport and commercial fishing has
been curtailed. The Federal Government has collected data on the
sources of mercury discharge—mainly chemical plants—and has
sought court action against eight firms. The Council on Environmental
Quality is coordinating long-term Federal agency efforts to spell out
the danger and develop remedial programs.
Many authorities believe that waste heat looms as one of the most
serious types of future water pollution. The chief source of thermal
pollution today is the electric power industry, which requires tremen-
dous amounts of water for cooling. Other sources include petroleum,
chemical, steel, and pulp and paper processing. The heaviest users are
listed in table 2.
The best single indicator of future potential for thermal pollution is
the predicted increase in the generation of electricity. The electric
power industry is growing at a rate of 7.2 percent annually, virtually
doubling every 10 years. This trend is expected to continue, as table 3
shows.
-------
2452
LEGAL COMPILATION—GENERAL
TABLE 2.—Use of Cooling Water by U.S. Industry
Industry
Electric power
Primary metals
Chemical and allied products
Petroleum and coal products
Paper and allied products
Food and kindred products . . - ._
Machinery -- - _ .
Rubber and plastics
Transportation equipment
Total
Cooling
water intake
(billions of
gallons)
40 680
3,387
3,120
1,212
607
392
164
128
102
273
60,065
Percent
of total
81.3
6.8
6.2
2.4
1.2
0.8
.3
.3
.2
.5
100.0
Source: Federal Water Pollution Control Administration, "Industrial Waste Guide on Thermal Pollu-
tion," September 1968.
TABLE 3.—U.S. Electric Power—Past Use, Future Estimates
In Million
Year: Miowatt-hours
1912 12
1960 753
1965 1,060
19TO 1,503
1975 2,022
1980 2, 754
1985 3,639
Source: Federal Water Pollution Control Administration, "Industrial Waste Guide on
Thermal Pollution," September 1968.
The principal use of water in steam-electric generating plants is for
condenser cooling. The amount of water necessary depends on plant
efficiency and the designed temperature rise within the condensers. The
temperature rise of cooling water condensers is usually in the range of
10° to 20° F., with the average rise about 13° F. Large nuclear steam
electric plants require about 50 percent more condenser water for a
given temperature rise than late model fossil-fueled, steam-electric
plants of equal size. However, the development of advanced reactors,
such as the fast breeder, will essentially eliminate the difference be-
tween nuclear and fossil-fueled plants. It is estimated that by 1980,
cooling operations by the electric power industry will require the
equivalent of one-fifth of the total fresh water runoff of the United
States.
-------
GUIDELINES AND REPORTS 2453
Municipal Wastes
Municipal waste treatment plants handle more than just domestic
wastes from homes and apartments. On a nationwide average, about
55 percent of the wastes processed by municipal treatment plants comes
from homes and commercial establishments and about 45 percent from
industries. Less than one-third of the Nation's population is served
by a system of sewers and an adequate treatment plant. About one-
third is not served by a sewer system at all. About 5 percent is served
by sewers which discharge their wastes without any treatment. And
the remaining 32 percent have sewers but inadequate treatment plants.
Of the total sewered population, about 60 percent have adequate
treatment systems. The greatest municipal waste problems exist in the
areas with the heaviest concentrations of population, particularly the
Northeast.
Three levels of treatment are employed in municipal treatment
plants. Primary treatment is a simple gravity process that separates
and settles solids in a big tank. Such primary plants provide BOD
removal levels of 25 to 30 percent. Secondary treatment is a biological
process that speeds up what nature does in natural water bodies. In the
activated sludge process used by many large cities, bacteria and air are
mixed with sewage to accelerate decomposition of wastes. The other
secondary treatment process—the trickling filter—involves spraying
wastes uniformly over a rock bed. Bacteria formed on the rocks, in the
presence of air, accelerates decomposition of wastes. Good secondary
treatment plants remove 90 percent of measured BOD. That does not
mean that 90 percent of total oxygen-demanding wastes are removed,
but only the part that is measured by certain laboratory tests.
Advanced waste treatment, often called tertiary treatment, involves
a wide variety of processes tailored for specific treatment needs. For
example, one advanced waste treatment process is lime-alum precip-
itation, which removes 80 percent of phosphates from waste water,
compared to an average of 30 percent in normal secondary treatment.
Other processes, using carbon adsorption and sand filtering, remove
up to 99 percent of measured BOD.
The waste loads from municipal systems are expected to nearly
quadruple over the next 50 years. Even if municipal and industrial
waste loads are cut substantially through treatment, pollution prob-
lems will continue to plague densely populated and highly industrial-
ized areas where the capacity to assimilate waste is exceeded.
Among other municipal waste problems that will grow more ap-
parent as conventional treatment reduces gross pollution loads
are those caused by storm or combined sewers and by nutrients. Many
-------
2454
LEGAL COMPILATION—GENERAL
cities have combined sewers, which discharge raw sewage along with
street runoff directly to streams when treatment systems become over-
loaded during storms or thaws. Even where sewers are separated, pol-
lution from storm sewer discharges carrying a variety of wastes from
the streets is possible. Although combined sewer problems exist in
most regions of the country, the most severe are centered in the North-
east, Midwest, and to some degree, the Far West.
Municipal wastes contribute the major load of usable phosphates
and significant amounts of nitrates to water bodies. Already nutrient
pollution has led to a strict requirement for very high treatment levels
for waste discharges to the Great Lakes and several other areas. Sec-
ondary treatment plants remove an average of 30 percent of the phos-
phorous and up to 20 percent of the nitrogenous materials, although
with modifications higher levels of treatment are possible. In many
places treatment levels approaching 100 percent will probably be
necessary—especially if the phosphate content of detergents is not
reduced.
Agricultural Wastes
Wastes from feedlots are a key source of agricultural pollution. The
increasing number of animals and modern methods of raising them
contribute to the worsening pollution of waters by animal wastes. Beef
cattle, poultry, and swine feeding operations, along with dairy farms,
are the major sources of actual or potential water pollution from ani-
mal wastes. In the United States today, the number of animals, their
waste equivalents to humans, and the total waste equivalent are as
follows:
Cattle
Horses _
Chickens
Total '
Animal
population
(in millions)
(1)
107
3
63
26
375
564
Ratio of waste
output of
single animal
to output of
a human
(2)
16.40
11 30
1.90
2 45
0 14
Total animal
wastes
expressed as
equivalent
number of
humans (in
millions of
humans)
(3)
1, 754. 8
33.9
100.7
63.7
52 8
2 005.6
' Col. 1 times col. 2 equals total In col. 3.
Source: Data derived from Federal Water Pollution Control Administration, "Cost of Clean Water,"
vol. 2,1968.
-------
GUIDELINES AND REPORTS 2455
Hence, animal wastes are estimated to be the equivalent of the
wastes of 2 billion people. These figures should not be interpreted as
an estimate of the potential pollution from feedlots, however, since
most of these wastes never reach the water. But they are a measure of
the total amount of animal wastes, part of which causes water pollu-
tion and solid waste problems.
Agricultural waste sources are scattered throughout the Nation.
Large cattle herds are fed in the Midwest, West, and Southeast; poul-
try in the South and in the Middle Atlantic States; and hogs in the
Midwest and South. If current consumption rates continue, animal
wastes will increase significantly. The trend toward confined feeding
and concentrated rations is bound to add to the pollution potential
of feedlot wastes although better control methods are being developed.
Fertilizers contain nitrogen and phosphorus, two primary nutrients
that nourish algae in water. Nitrates are the bigger problem since,
unlike phosphates, which stick to soil, nitrates are very susceptible
to runoff from rain. Also, nitrates leach into ground water. High ni-
trate concentrations in water cause infant methemoglobinemia or
"blue baby." The use of chemical fertilizers has increased rapidly in
the United States over the last decade and is expected to continue to
rise, although at somewhat slower rates. In some areas, particularly
in the West, water leached from irrigated lands has caused serious
water pollution. In the Western United States, salt content in many
rivers exceeds the levels considered acceptable for most types of crops.
The problems resulting from use of pesticides, which pollute the air,
the land, and the water, are covered in chapter VII.
Other Sources
Sediment and erosion—Sediments carried by erosion represent thb
greatest volume of wastes entering surface waters. The volume of
suspended solids reaching U.S. waters is at least 700 times greater
than the total sewage discharge loadings. Sediments are washed in
from croplands, unprotected forest soils, overgrazed pastures, strip
mines, roads, or bulldozed urban areas. Agricultural development in-
creases land erosion rates four to nine times over what they are for
natural cover. Construction may increase the rate a hundredfold.
A 1969 report of the Federal Water Quality Administration esti-
mated the average sediment yield during a rainstorm at highway
-------
2456 LEGAL COMPILATION—GENERAL
construction sites at about 10 times that for cultivated land, 200 times
that for grass areas, and 2,000 times that for forest areas—depending
on the rainfall, land-slope, and the exposure of the bank. Similar
rates of sediment production occur from commercial and industrial
construction in urban areas.
Oil and other hazardous substances—With the grounding of the
Torrey Canyon in 1967, the breakup of the Ocean Eagle in Puerto
Eican waters in 1968, and the Santa Barbara offshore oil leak in 1969,
oil pollution has become recognized as a serious national and world-
wide problem. An estimated 10,000 spills of oil and other hazardous
materials annually pollute navigable waters of the United States. Al-
though damages from other hazardous substances can be just as sig-
nificant and diverse as those caused by oil pollution, the volume of oil
transported and used makes it the most important single pollutant
of this type.
Most oil spills exceeding 100 barrels come from vessels, although
about one-third of the incidents involve pipelines, oil terminals, and
bulk storage facilities. Vessel casualties are a prime source of oil pol-
lution. Damage from several million gallons of oil entering the water
at one time and place can be extensive.
TABLE 4.—Number of Reported Oil Spills in U.S. Waters (Over 100 Barrels)
Vessels
Shore facilities
Unidentified
Total
1968
347
295
72
714
1969
632
331
144
1,007
Source: Federal Water Quality Administration, "Clean Water for the 1970's," June 1970.
Oil pollution may spring from several other sources. Gasoline service
stations dispose of 350 million gallons of used oil per year, much of
which was previously re-refined. Two hundred thousand miles of
pipelines, carrying more than a billion tons of oil and hazardous sub-
stances, cross waterways and reservoirs and are subject to leakage. The
blowout of offshore oil and gas wells, the dumping of drilling muds
and oil-soaked wastes, the destruction of offshore drilling rigs by
storms, and ship collisions—all are significant potential sources of
pollution.
-------
GUIDELINES AND REPORTS 2457
With more and more oil and hazardous materials being transported,
the number of spills could grow. On the other hand, tightened regula-
tions developed for oil exploration and production and sounder ship
and pipeline construction could reduce this number.
Mine drainage—Mine drainage is one of the most significant sources
of water pollution in Appalachia, in the Ohio Basin States, and in
certain other areas of the country.
In Appalachia alone, where an estimated 75 percent of the coal mine
pollution occurs, about 10,500 miles of stream are dropped below
desirable quality levels by acid mine drainage. Similar drainage from
other types of mining—such as phosphate, sand and gravel, clay, iron,
gold, copper, and aluminum—pollutes other regions of the country.
Acid formation occurs when water and air react with the sulfur-bearing
minerals in the mines or in refuse piles to form sulfuric acid and iron
compounds. Coal mines idle for 30 to 50 years may still discharge large
quantities of acid waters. Mine drainage also contains copper, lead,
zinc, and other metals toxic to aquatic life.
Watercraft wastes—About 46,000 federally registered commercial
vessels, 65,000 unregistered commercial fishing vessels, 1,600 federally
owned vesels, and 8 million recreational watercraft ply the navigable
waters of the United States according to FWQA. The potential sew-
age pollution from these vessels is estimated to equal that from over
500,000 persons—comparable to the population of a city the size of
San Diego. As a total source of pollution, it is insignificant, but it
can be a major impediment to achieving clean water in some harbors
and recreational areas. Further vessel pollution occurs when ships
discharge bilge and ballast water heavy with oils and other substances.
WHAT WATER POLLUTION DOES
Water pollution stems from many sources and exists in many forms
to assail man's senses and hamper his activities. It may appear as oil
slicks, as public health notices against swimming, or as masses of
aquatic weeds making drinking water undrinkable. More subtle are
long-term changes in the aquatic life of a river—the decline of sport
fish and the ascendance of carp, sludge worms, and other life forms
tolerant of pollution.
-------
2458 LEGAL COMPILATION—GENERAL
... to Health
Epidemics of typhoid, dysentery, and salmonellosis borne by polluted
water are no longer serious public health threats in the United States.
To protect the public from these and other pollution dangers, however,
water must often be treated to high levels before it is drinkable. Beaches
often must be closed and shellfish left unharvested and unmarketed.
Inadequately disinfected municipal wastes, overflows from combined
sewer systems, and runoff from animal feedlots often create high bac-
teria densities in local water supplies.
A survey prepared by the Department of Health, Education, and
Welfare points to disquieting quality deficiencies in some community
water systems, particularly in small communities. Also, there is mount-
ing public health concern over chemical constituents in water. The
effects on humans of small amounts of toxic chemicals in water sup-
plies are not known, but health authorities show increased concern
over their potential effects. Accelerated research is needed for better
understanding of these dangers. The technology to maintain safe
bacteriological quality and to remove many of the potentially danger-
ous chemicals from drinking water exists but is not as widely em-
ployed as necessary.
. . . to Recreation
Reduction of recreational opportunities represents the most wide-
spread consequence of water pollution. Three major types of recrea-
tional activities may be hampered by water pollution:
• Boating and water skiing—Such water pollution as floating
solids, gas bubbles and odors, and algal blooms make boating
and water skiing unpleasant. And if bacterial levels are suffi-
ciently high, water pollution can be a health hazard to water
sportsmen.
• Swimming—When bacterial counts reach certain levels, public
health authorities close beaches. Inadequately disinfected wastes
from municipalities and overflows from combined sewers are
principal bacterial polluters in populated areas.
• Sport fishing—The highest water quality is needed to maintain
populations of certain types of game fish. When water quality
declines, the fish die. For example, the most popular fresh water
-------
GUIDELINES AND REPORTS 2459
sport fish, the trout, requires cold water and dissolved oxygen
levels in excess of 5 parts per million to live and reproduce. On
the other hand, carp, a "trash" fish, can live with dissolved
oxygen levels below 4 parts per million, and even below 2 parts
per million for a limited time.
Fish can die from all types of pollution, but the majority of fish kills
are caused by lack of dissolved oxygen, pesticides, and by toxic wastes
from industrial operations. In 1969, over 70 percent of the kills were
caused by industrial waste and 20 percent by agricultural waste. Most
of the fish killed were "trash" or "rough" fish—those already tolerant
of water pollution.
. . . to Esthetics
The esthetic qualities of water also represent a use by man. That
use may take the form of picnicking, hiking, or just driving near a
body of water. Besides ruining the visual enjoyment, pollution can
cause unpleasant odors, especially when algae clog the water or when
anaerobic conditions exist. Also, sediment, which can turn waters
murky brown, reduces their esthetic appeal.
. . . t o Commercial Fishing
Commercial fishing is an important industry in some areas of the coun-
try. In 1969, domestic landings totaled about 4.9 billion pounds of fish
and shellfish valued at $354 million. Although total landings fell to 4.3
billion pounds in 1969, the value to the fisherman had increased to
$518 million. The extent to which water pollution, compared to other
factors, contributed to the lower level of landings is unknown.
. . . to Agriculture
Saline pollution is the water quality problem which primarily af-
fects agriculture. As water is used by plants and evaporates, the con-
centration of salt rises. As salt levels in water increase, the farmer may
have to shift to lower yielding, salt-resistant crops.
-------
2460 LEGAL COMPILATION—GENERAL
... to Industrial Wafer Supplies
Studies indicate that industry generally treats water to its desired
level to assure constant quality, rather than depending on water with-
drawn directly from rivers and lakes. It would be cheaper for indus-
trial concerns to treat nonpolluted or less polluted water, but the extra
treatment costs for industry are usually not significant.
. . . to Municipal Water Supplies
Small amounts of potentially toxic materials, the effects of which
are not well known, are not removed by many drinking water treat-
ment plants. Water pollution also increases the costs of treating water
at intake for domestic uses. However, studies indicate that the extra
costs of treating polluted water to meet current standards are not
significant. Several forms of water pollution, however, such as algae
or small amounts of phenols, a byproduct of a number of manufac-
turing processes, adversely affect the taste and odor of water. For
reasons of taste and custom, people are often reluctant to draw water
from polluted sources. For example, the quality of water that Phila-
delphia takes from the Delaware River is about the same as that of the
Hudson River near New York City, but New Yorkers have been most
reluctant to use the Hudson River as a source of drinking water.
WHAT WATER POLLUTION CONTROL COSTS
The amount of money needed to clean up polluted water is great.
The direct costs are immense, but a substantial part of the costs are
indirect. For example, any lasting solution is bound to involve modi-
fication of construction, agricultural, and water management practices.
The cost over the next 5 years for municipal waste treatment plants
to meet water quality standards is estimated at $10 billion—about $2
billion a year. Operating charges are estimated to rise from $410 mil-
lion a year in 1969 to $710 million in 1974. The costs of dealing with
problems of combined sewer overflows have been put by the American
Public Works Association at between $15 and $48 billion—depending
on the alternatives chosen.
-------
GUIDELINES AND REPORTS
2461
TABLE 5.—Annual Outlays for Water Pollution Control
[In millions ol current dollars]
Year
1965
1966
1967
1968
1969
1970'
1971
1972
1973
1974
Industrial outlays
Invest-
ment
640
780
565
530
740
655
655
655
655
655
Operating
charges
200
270
365
430
515
555
695
635
675
715
Municipal outlays
Investment
Treatment
works
476
520
550
655
880
2,000
2,000
2,000
2,000
2,000
Collection
355
400
505
500
450
«
«
«
(2)
(2)
Operating
charges
270
295
320
350
410
3470
530
590
650
710
Total
annual
outlays
1,940
2,215
2,306
2,465
2,995
>3,680
>3, 780
>3,880
>3,980
>4,080
11970-74 expenditures represent those associated with an investment level that will achieve controls re-
quired by water quality standards within the period.
2 No estimates available.
s No estimate of incremental collection operating and maintenance costs.
Source: Federal Water Quality Administration.
Industrial abatement costs, excluding those for waste heat from
power production, are estimated at $3.3 billion over the next 5 years.
Annual industrial operating costs will increase from $515 million in
1969 to $715 million in 1974. Up to another $2 billion would be neces-
sary in the next 5 years to provide recirculation of water to prevent
thermal pollution.
Costs for controlling other pollution sources are grounded on widely
varying assumptions as to what is necessary, desirable, or possible. As
analysis improves, these costs can be calculated as part of the total
costs necessary to meet water quality objectives.
GOVERNMENT ACTION
Federal Efforts
The first temporary water pollution control legislation was passed
in 1948. Permanent legislation was enacted in 1956. The Federal
Water Pollution Control Act of 1956 authorized planning, technical
assistance, grants for State programs, and construction grants for
municipal waste treatment facilities. Amendments followed in 1961,
-------
2462 LEGAL COMPILATION—GENERAL
which among other things, extended Federal enforcement authority
and increased construction grant authorizations.
In 1965, more amendments established the Federal Water Pollution
Control Administration as successor to a program previously in the
Public Health Service of the Department of Health, Education, and
Welfare. The Administration was transferred to the Department of
the Interior in May 1966. The most important provisions in the 1965
act called for the establishment of water quality standards and imple-
mentation plans for clean-up of all interstate and coastal waters.
The Clean Water Eestoration Act of 1966 provided more Federal
money for building treatment facilities. The Water Quality Improve-
ment Act of 1970 gives a new name to the responsible agency, the
Federal Water Quality Administration; provides tighter controls over
oil pollution, vessel pollution, and pollution from Federal activities;
and broadens the earlier laws in other respects.
Setting water quality standards—The water quality standards
authorized by the 1965 legislation get the stage for the current strategy
for water quality management. Tne act called on the States to estab-
lish standards for their interstate waters, which can then be approved
as Federal standards by the Secretary of the Interior. To set these
standards, the States had to make crucial decisions about desired uses
of their water resources, the quality of water that they need to support
uses, and specific plans for achieving quality levels. Most water quality
standards carry antidegradation clauses seeking to insure that high-
quality waters are maintained at existing levels of purity.
The States are the primary enforcers of water quality standards. If
they fail to act, the Secretary of the Interior may then set standards
and enforce them. The standards of all the States have now been ap-
proved. The goal—to provide nationwide, comprehensive water qual-
ity standards—however, is far from reached. Over half the States es-
tablished standards that were not stringent enough in all aspects to
assure adequate water quality protection. So the Secretary excepted
parts of them from initial approval. For example, the temperature
criteria of a number of States have been excepted because they did not
set adequate safeguards against thermal pollution. In some cases im-
plementation plans have not been approved because the abatement
measures or the schedules were inadequate. The Secretary of the In-
terior is negotiating with the States concerned, and a number of them
have agreed to raise their standards. In one case, where no agreement
was reached, the Secretary has taken initial action to impose Federal
standards.
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GUIDELINES AND REPORTS 2463
Even when standards have been approved, there is a need to improve
knowledge of water quality characteristics so that the standards
can be upgraded. For example, general criteria on toxic materials are
written into all of the approved water quality standards. But in many
of the standards, specific limits on such products as pesticides have
not been spelled out. Nor have definitive measures for implementing
standards been detailed. The standards generally require secondary
treatment—or its equivalent—for industrial wastes, even though this
is a crude measure for industrial wastes, and may not be adequate to
forestall pollution in particular areas. In his February 10 Message
on the Environment, the President said that he was requesting author-
ity to require the States, with Federal approval, to set specific effluent
discharge requirements as part of water quality standards. These
would arm the States and the Federal Government with a tool to as-
sure that water quality goals would be met. It would provide a stand-
ard against which the States and the Federal Government can enforce
compliance.
Enforcing standards—Vigorous State and Federal enforcement
is critical if the Nation hopes to attain water quality standards. Sev-
eral States are moving aggressively against polluters. Illinois has not
hesitated to open proceedings against major industrial firms. Penn-
sylvania successfully carried through on the first test of its clean stream
law. And with the passage of its Water Quality Act in 1969, California
has vastly buttressed and stepped up its regulatory activity.
Last year, the Federal Government launched its first action to
curb violations of water quality standards under the Water Quality
Act of 1965. On August 30,1969, the Secretary of the Interior ordered
six alleged violators to clean up their pollution within 180 days or
face court action. Each took remedial steps and court action was fore-
stalled. On May 19, 1970, the Secretary took action against five other
alleged violators under this procedure.
Joint Federal-State enforcement conferences have been stepped up.
The Biscayne Bay conference in February 1970 was the 50th con-
ference enforcement action taken since 1956. Five of these actions—
Lake Superior, Escambia River Basin, Perdido Bay, Mobile Bay, and
Biscayne Bay—have been started since January 1, 1969. Eight other
conferences were reconvened, and three progress meetings were held
to review progress in compliance. The Refuse Act of 1899 provides
fines and criminal sanctions for dumping wastes into navigable waters
without a permit. This authority, assigned to the Army Corps of
-------
2464 LEGAL COMPILATION—GENERAL
Engineers, has been invoked in several recent actions, notably in the
Lake Michigan area. The Federal Government is initiating new efforts
to control pollution through the exercise of the Refuse Act's permit
functions. Section 21 (b) of the new Water Quality Improvement Act
of 1970 requires applicants for Federal permits to file with permit
requests certification from the appropriate State or interstate pollu-
tion control agency that its activity will not violate water quality
standards. The Federal Government will invoke new procedures for
requiring permits to discharge materials into navigable waters.
Assisting communities to treat wastes.—The Federal Government
gives grants to municipalities to build waste treatment works. The
legislation permits the Government to make basic grants of 30 percent
of the costs of construction. In States in which the State government
provides financial help and has enforceable water quality standards
plus a comprehensive plan, the Federal share can go up to 55 percent.
Since 1957, the Federal Government has paid out $1.5 billion to
help build and expand over 10,000 municipally owned and operated
sewage treatment plants. With this money States and cities have con-
structed $6.4 billion in treatment works. In 13 years of such grants, the
population served by some degree of waste treatment has jumped by
more than 51 million people.
Despite this progress, many cities still lag in modern waste treat-
ment. Many facilities were designed to provide levels of treatment
which have since proved inadequate. Other plants have become out-
grown and overloaded. Others, crippled by improper operation and
maintenance, have been beset by polluted discharges and have lapsed
into early obsolescence.
Sheer population growth has speeded the overloading of many
treatment plants. During the years in which the Federal Government
has financed sewage treatment, that part of the population using
sewers and thus discharging wastes that must be treated has grown by
35.7 million persons. Higher standards of living and the universal
use of household chemicals and appliances which add to the waste
load—garbage grinders, for instance—have also overloaded sewage
treatment plants. And in many river basins, success in treating wastes
from municipalities has often been offset by failure to deal simul-
taneously with other waste sources.
Despite Federal assistance in the past, waste treatment plant con-
struction needs have far outpaced all available financing. Not until
1970 did Federal funding take any major leap upward—from $214
million in 1969 to $800 million. To meet treatment needs after 1970, the
-------
GUIDELINES AND REPORTS 2465
President has requested $4 billion—$1 billion a year for 4 years—to be
matched by $6 billion in State and local funds, for a total $10 billion
program. That level of funding was arrived at from a study of re-
quirements by the Federal Water Quality Administration and an
independent canvass of the States' estimated needs. The Administra-
tion's legislation would require a reassessment in 1973 to estimate
future need.
The Administration also seeks authority to set up an Environmental
Financing Authority (EFA) to help remove barriers for local com-
munities that want to participate in the grant program. EFA would
buy the obligations of State and local governments to help finance
treatment plant construction when they cannot get credit elsewhere
on reasonable terms. EFA would obtain funds to make these pur-
chases by issuing its own taxable obligations in large enough blocks
to win favorable reaction in the market. The differential between
the interest that EFA must pay on its obligations and the rates that
State and local governments pay back to EFA would be made up by
regular Federal payments. By providing an assured commitment on
grant funds and credit assistance, the Administration's proposals
would overcome the obstacles that have prevented needed investment
growth in the past.
Controlling oil—The Santa Barbara blowout and subsequent inci-
dents show conclusively that no fully effective techniques are avail-
able to control oil spills in the ocean or large lakes. And common
straw, which soaks up oil so that it can be removed, is still the
standard material for cleaning up after oil spills. The Water Quality
Improvement Act of 1970 tightens the law and strengthens the Fed-
eral hand to prevent and control oil pollution. It requires notifica-
tion of spills and establishes financial liability for cleanup costs. It
also authorizes a $35 million revolving fund for emergency oil cleanup
by the Federal Government. Regulations issued by Secretary Hickel
on August 22, 1969, tighten Federal control and make industry
liable for spills occurring from oil and gas exploration and production
on the Outer Continental Shelf.
On May 20, the President announced a comprehensive list of propo-
sals to deal with oil pollution. He advocated Senate ratification of
three international treaties, asked Congress for legislation to give the
Federal Government authority to regulate handling and transfer of
oil cargoes, and recommended more research in detecting and removing
-------
2466 LEGAL COMPILATION—GENERAL
oil spills. Ten days later, the Chairman of the Council on Environ-
mental Quality released a new National Contingency Plan which
details responsibilities for oil spill cleanup.
Vessel wastes—In recent years, many States have enacted new
laws and regulations or have strengthened old ones for controlling
vessel wastes. Unfortunately, nonuniformity of State requirements
poses significant compliance problems for vessels that travel between
States. Also, in many cases the State regulations do not cover, or
inadequately cover, interstate and international carriers.
The Water Quality Improvement Act of 1970 embodied compre-
hensive Federal legislation covering the control of vessel wastes. It
provides for the establishment of effluent standards for sanitary waste
discharges from all classes of watercraft—new and old. It penalizes
vessel owners and manufacturers for failing to provide adequate ship-
board treatment or sanitary waste control.
Controlling Federal activities—The Federal Government itself
carries on many activities that affect water quality. It maintains Fed-
eral facilities—such as military bases, lighthouses, and post offices.
It manages Federal lands. It dredges, develops nuclear energy, and
controls pests. Today, in the United States, the Federal Government
owns approximately 20,000 pieces of property and one-third of the
country's land area.
On February 4, 1970, the President issued Executive Order 11507,
which launched an aggressive approach to clean up water and air
pollution from Federal facilities. The order demands that all projects
or installations owned or leased by the Federal Government be de-
signed, operated, and maintained to meet air and water quality stand-
ards. Under it, pollution control projects must be finished or underway
by December 31, 1972. To ensure that funds, once appropriated, are
channeled to the intended purpose, the order stops them from being
used for anything but pollution control.
Control of water pollution from other Federal activities is covered
by a number of laws and administrative arrangements. The Water
Quality Improvement Act requires that States certify projects before
Federal agencies can give them licenses or permits. The Fish and
Wildlife Coordination Act requires that the Department of the In-
terior comment before the Corps of Engineers issues a dredging permit.
The National Environmental Policy Act requires agencies carrying
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GUIDELINES AND REPORTS 2467
out projects to issue a detailed statement on what the project will do
to the environment.
Research and development—Much is already known about the tech-
nology of water pollution control. But there are still major gaps
in knowledge. New technology is being developed and tested, largely
through a program of grants, contracts, and demonstrations with
municipalities and industries. Municipal and industrial treatment
technology, oil spill control, and agricultural pollution claim highest
priority. The 1971 Federal budget sets aside $61 million for research,
development, and demonstration by all agencies.
Monitoring and surveillance—Adequate enforcement of water
quality standards demands accurate f actfinding and ready data. The
Federal Water Quality Administration (FWQA), the U.S. Geologi-
cal Survey, and State pollution control agencies have been jointly
developing a nationwide water quality surveillance system for several
years. Part of the network is already in operation. Some 400 FWQA-
funded and operated stations, 260 FWQA-funded and U.S. Geological
Survey-operated stations, 200 stations jointly funded by the State and
Federal agencies, and 500 State-funded and operated stations make up
the surveillance web. It now covers about 20 percent of the Nation's
streams. Ultimately it will grow into a complex of thousands of State
and Federal stations. Network data will be supplemented by many
short-term intensive FWQA field studies of specific water quality
problems.
A number of other Federal agencies run monitoring and surveillance
programs. The Environmental Science Services Administration of the
Department of Commerce, the Coast Guard, the Corps of Engineers,
the Bureau of Commercial Fisheries, and others have programs.
They do not generate data for enforcement, but they do add to the
Nation's knowledge of the pollutant load in the water, how it is dis-
persed, and how it reacts.
Helping States—State agencies have major responsibility in the na-
tional water pollution control effort. But often they are underequipped
for the task. Federal grants spur State and interstate agencies to
expand and improve their programs. The grant program started in 1957
with $2 million and has grown to $10 million today. State and inter-
state agency expenditures to match Federal funds have increased six-
fold in that time. The President has asked for legislation to triple the
Federal share over 5 years—from $10 million to $30 million—and to
provide bonus funds for control, inspection, and manpower programs.
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2468 LEGAL COMPILATION—GENERAL
State Efforts
The years since 1965 have seen significant strides in State water
pollution control programs. The amount and significance of legislation
introduced and enacted in State legislatures in recent sessions and the
rise in appropriations for support of State water pollution control
programs point to progress. A rapidly rising number of States now
financially assist the construction and operation of local waste treat-
ment plants. Thirty-one States have authorized assistance programs,
and all but 10 of these States have funded their programs. Some States
provide other forms of assistance. For example, Nebraska, New Hamp-
shire, and New York underwrite local bond issues; and at least 23
States award to industry tax incentives in one form or another.
States have tightened supervision over local waste disposal opera-
tions. They have expanded monitoring and inspection of treatment
plants and have upgraded operators' qualifications and skills by
mandatory certification requirements and training programs. Forty-
six States require permits for municipal and industrial discharges;
six States inspect treatment plants monthly, five quarterly, and 13
annually; 43 States require monthly operating reports; 16 States re-
quire mandatory certification of waste treatment plant operators.
Unfortunately, in many States, these mechanisms do not work as
well as they could.
State legislatures themselves are looking hard at the organizational
structure for administering State water pollution control programs.
At least 16 States have acted in this area. Most of those States have
taken part or all of the water quality responsibility from health
departments and created either water quality boards, made up of repre-
sentatives of a number of State agencies, or combined water quality
responsibilities with natural resources activities. Some States—for
example, New Jersey and New York—have combined their air and
water pollution activities in an even more comprehensive approach to
environmental management. Perhaps the most exciting organizational
innovation has been the statewide treatment authority. Ohio has
authorized an Ohio Water Development Authority, with power to
construct, operate, and assess charges for treatment plants in that
State. Maryland has recently created a Waste Acceptance Service with
similar functions. Overall, State spending for pollution control pro-
grams in fiscal year 1970 will more than triple spending in 1965, in-
creasing from about $11.2 million to an estimated $36 million.
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GUIDELINES AND REPORTS 2469
WHERE WE STAND
Problems and Their Control
As discussed earlier, the two major sources of organic pollution are
industrial and municipal wastes, with industrial discharges contrib-
uting three to four times the waste loads of municipal systems. Reduc-
tion of pollution from industrial sources—where abatement technology
is generally available—is largely a matter of attaining necessary in-
vestment levels.
According to extremely tentative figures, industrial investments for
water pollution control facilities increased in 1969 over 1968. The
actual spending for industrial pollution control facilities in 1968,
however, was less than the amounts previously projected.
Although the level of industrial investment appears to be close to
the level necessary to meet water quality standards, there is room for
concern that the industries putting money in now are the most public
spirited firms, and in the years ahead the main burden of investment
will have to be carried by the less highly motivated firms. If this is
true, the investment level is likely to fall unless Federal and State
enforcement is greatly strengthened.
The cost of solving pollution from municipal discharges will be
high over the next 5 years. According to FWQA estimates, about $10
billion of capital investment will be needed to meet water quality
standards, compared to about $3.3 billion for industry. (Industry's
capital costs are much lower than are municipalities' because the
wastes do not have to be collected from a wide area and because firms
generally choose less capital intensive abatement measures.) Since
1965, the level of investment in municipal facilities has nearly
doubled—from $476 million to $880 million—but it must reach an
annual level of $2 billion to cut backlogs and keep pace with future
population and expansion. The President's program will help achieve
this level.
Current monitoring systems are not adequate to determine the extent
of improvement or deterioration of water quality. In some isolated
cases, such as Lake Washington in Seattle and San Diego Bay, im-
provement has been dramatic. In other areas water quality has
deteriorated. Given the Administration's proposed level of funding,
more uniform improvement is likely in the next few years.
-------
2470 LEGAL COMPILATION—GENERAL
Nutrient Enrichment
Eutrophication is emerging as perhaps the single most difficult
water pollution control problem. It is especially vexing because even
as gross organic waste loads are reduced by injections of money into
treatment plants, eutrophication does not stop. It will continue to
prevent achievement of high quality water. The causes of eutrophica-
tion have recently been under debate. Some claim that carbon stimu-
lates algal growth and is the chief cause, rather than phosphates,
which had long been the suspected controlling factor. To learn more
about this, the Council on Environmental Quality and the Office of
Science and Technology (OST) met with a number of outside scien-
tific experts and Federal agency personnel. The staff of the Council,
the OST, and the Department of the Interior concluded that phos-
phates are still the most important nutrient to control if eutrophication
is to be successfully attacked. They held that carbon is only likely to be
limiting where algal blooms are already at unacceptable levels.
The largest amount of useable phosphates reaches water from mu-
nicipal sources. Phosphates in detergents account for approximately
50 percent of the total. A second source, less amenable to control, is
runoff of phosphate fertilizers from land. Nitrogen, another contribu-
tor to eutrophication, especially in the western part of the United
States, also originates from municipal discharges and land runoff.
Toxicity Levels
Increasingly complex manufacturing processes, coupled with rising
industrialization, create greater amounts of exotic wastes potentially
toxic to humans and aquatic life. Current levels of cadmium, lead,
and other substances whose effects on humans and fish and wildlife are
not fully understood constitute a mounting concern. And mercury pol-
lution has become a serious national problem.
Waste Heat
Waste heat is one of the most serious emerging sources of water pol-
lution. The electric power industry, which currently discharges over
80 percent of all the thermal heat into the Nation's waters, doubles its
capacity every decade. The trend toward larger, nuclear plants, which
create 50 percent more thermal pollution in water per unit of power
than fossil-fuel plants, could result in damage to aquatic systems—if it
is not controlled. With the tremendous thermal pollution potential of
-------
GUIDELINES AND REPORTS 2471
projected power production, it is fortunate that waste heat from elec-
tric generating plants can be adequately controlled. Waste heat and
thermal pollution can be reduced by improving the efficiency of the
plants; by making productive use of heat; and by the use of cooling
towers, cooling ponds, or spray ponds.
Enforcement—Enforcement has not reached its full potential for two
reasons. First, the Federal Government's authority over standards—
under the Federal Water Pollution Control Act—generally ex-
tends only to interstate waters. It does not adequately cover intra-
state and ground waters. Second, the implementation plans of the
States do not specifically spell out the maximum amounts of effluent
that can be discharged within the standards. Enforcement provisions
are also inadequate. Under the Federal Water Pollution Control Act,
the Federal Government has jurisdiction only if the pollution from
one State endangers the health and welfare of another State; or if the
Governor of the State in which the pollution occurs requests it (except
for shellfish damage or for oil and vessel pollution). The confer-
ence-hearing procedure is cumbersome and time-consuming. Finally,
the only force that the Government can wield against a polluter is a
cease-and-desist order, and the court's only option in the case of non-
compliance is a contempt-of-court action. The act does not provide
for fines to enforce compliance. The use of the Corps of Engineers'
permit authority as a basis for enforcement will add some Federal
muscle.
The President recommended in his February 10 Environmental
Message a broad range of tough new enforcement provisions. These
include: extending jurisdiction to intrastate pollution and ground-
waters, streamlining the enforcement procedures, establishing specific
effluent requirements, and setting fines up to $10,000 a day for non-
compliance. The procedures under which enforcement has been carried
out have been less than satisfactory. There has been no clear rationale
for convening enforcement conferences; rather, they have tended to be
reactions to critical local problems. Even when held, the results have
been mixed. In many cases, abatement schedules agreed to by the Fed-
eral Government and the States have slipped seriously. The purpose of
any enforcement program is voluntary compliance. What has been
lacking is a systematic process that makes clear to municipalities and
industries the timing and type of enforcement and penalties if they
fail to comply on schedule. Nevertheless, enforcement conferences
have spurred State and local governments and industry to make in-
vestments that they otherwise would not have made. The pace of
-------
2472 LEGAL COMPILATION—GENERAL
recent actions indicates that the Federal Government intends to enforce
existing water pollution laws vigorously. But significant changes in
the system of enforcement will be necessary to meet current and
future requirements.
State Programs
Although States are better able to cope with water pollution than
with air pollution, they are still generally unable to meet the massive
requirements to implement water quality standards. Lack of funds
and personnel is the major reason. Low salary scales and poor merit
systems discourage many talented persons from seeking jobs in
State and local water pollution control agencies.
Local Programs
Construction and operation of waste treatment facilities have tradi-
tionally been left to individual municipalities. In too many cases, a
collection of small, uncoordinated treatment plants ring a city, when
a more efficient and effective solution would have been a regional treat-
ment system. Local jealousies and, in the past, the Federal grant
system have encouraged this fragmentation. The current proliferation
of small plants independent of each other in a number of communities
is poor economics and poor pollution control.
It is poor economics because small plants cannot operate as cheaply
as big plants. (However, economies of scale are not infinite. An opti-
mum system may include a mix of large and small plants to permit
both economies of scale and optimum use of the assimilative capacity
of the receiving waters.) It is poor pollution control because of the
almost impossible task of getting a large number of communities and
industries in a single metropolitan area to plan and construct plants
on a coordinated basis. Not only is coordination difficult, but with
many diverse authorities, some will fail to take adequate steps to halt
pollution. Also, a large single plant can obtain the skilled personnel
necessary for sound operation.
As in the State agencies, lack of manpower and funds are a problem.
Surprisingly large numbers of treatment plants are operated poorly
because of inexperienced personnel. This reduces the plants' contribu-
tion to pollution control and shortens their useful life. But the most
pressing problem is raising funds for the construction of waste treat-
ment facilities—even when the Federal Government bears a large part
-------
GUIDELINES AND REPORTS 2473
of the cost. Not only is it becoming difficult to find sources of revenue
in the face of rising demands for public services, high costs, and high
interest rates, but legal and constitutional restrictions can be barriers
to issuing bonds.
Monitoring and Information
Water quality monitoring and information systems are not ade-
quate. The systems tend to be spotty in geographic coverage and in
the parameters that they cover. Data often are not quickly available.
There is no method of combining data to develop indices to help policy
makers and the public determine the types of control programs neces-
sary. Finally, there is a shortage of data on the amounts and types of
pollutants discharged.
WHAT NEEDS TO BE DONE
The Council on Environmental Quality recommends the following:
1. Investment in waste treatment facilities must be significantly
raised and kept at a sustained high level by enactment of the Presi-
dent's $4, billion program of Federal grants.
Coupled with State and local matching funds, that program would
embrace a $10 billion effort. The President's proposal for an En-
vironmental Financing Authority should also be promptly enacted.
2. Management reforms must be vigorouly implemented to meet
water quality goals effectively and efficiently. In liis February 10 mes-
sage, the President listed the following reforms in the FWQA waste
treatment grant program:
• Federally assisted treatment plants will be required to meet
prescribed design, operation, and maintenance standards and
be operated only by State-certified operators.
• Municipalities receiving Federal assistance in constructing
plants will be required to impose charges on industrial users
sufficient to meet the cost of treating indiistrial wastes.
• Comprehensive river basin plans will be required at an early
date to insure that Federally assisted treatment plants will,
in fact, contribute to effective cleanup of entire river basin
systems.
• Wherever feasible, communities will be encouraged to cooper-
ate in the construction of large regional treatment facilities
-------
2474 LEGAL COMPILATION—GENERAL
providing economies of scale and more efficient and more thor-
ough waste treatment.
Better management of waste treatment programs is absolutely
essential—to meet higher water quality standards and to insure that
public funds are not wasted. Continued evaluation of the ongoing
progress of implementation will be necessary to determine whether
additional and more effective measures are necessary.
3. The FWQA and other Federal waste treatment assistance pro-
grams should give priority to encouraging the development of regional
treatment systems in metropolitan areas based on comprehensive
sewer, water, and land use planning.
4. These Federal programs must also encourage localities to impose
user charges on the amount and strength of wastes to increase equity
and to work toward self--financing systems. These charges would cover
not only industrial wastes, for which policy already exists, but home
and commercial wastes as well.
5. Vigorous and effective enforcement of ivater quality standards
must l>e implemented. The President's proposals to extend Federal
jurisdiction to intrastate and groundwaters, streamline the conference-
hearing procedures, establish effluent requirements, and set fines up to
$10,000 a day for violations should be enacted promptly. The basic
process of enforcement should be improved. Information systems must
be developed to include specific data on implementation schedules.
Expansion of Federal and State sampling stations, coupled with an
industrial waste inventory, are high priority. States, municipalities,
and industries should systematically be warned of violation of stand-
ards. If action does not follow and if extenuating circumstances do
not exist, the Federal Government should automatically seek court
action.
6. Increased attention must be given to encouraging changes in
State and local institutions dealing with water pollution control. The
Council recommends that:
• Efforts be made to provide a demonstration in one river basin
of the most advanced concepts of water quality management.
Such a demonstration might use regional treatment facilities;
nontreatment alternatives such as in-stream aeration and low
flow augmentation; and new financial incentives, such as effluent
charges. The proposal would demonstrate the techniques to
meet water quality management needs in the future, when the
problems from increasing population and industrialization
grow even more acute. The FWQA should consider how exist-
-------
GUIDELINES AND REPORTS 2475
ing assistance programs could be channeled to such a
demonstration.
• Consideration be given to incentives for improving water qual-
ity institutions generally. To provide incentives, there must be
more knowledge of the merits and faults of various institu-
tional alternatives. One alternative that should be explored for
more widespread application is Statewide sewage treatment
authorities similar to those authorized by Maryland and Ohio.
Other alternatives that should be explored include river basin
commissions or authorities and regional government entities to
provide sewerage facilities. Besides identifying the best types
of institutions for managing water quality, careful attention
should be given to the types of incentives, financial or other-
wise, necessary to encourage new types of institutions.
7. A concerted and comprehensive attack should be made on eutro-
phication. Three actions are necessary: One, phase phosphates out of
detergents as soon as feasible; two, find better methods to control
agricultural runoff; and three, remove more of the nutrients from
wastes generated by towns and cities, particularly in urban centers
and in critical areas such as the Great Lakes.
8. A program should be formulated to deal with urban runoff and
pollution from combined sewer overflows. Research on alternative
methods of separation has uncovered some interesting approaches. In
a plan for the District of Columbia, an overflow lake would be created
to treat combined sewer overflows, and the treated water would then
be channeled into two other lakes for recreation. Promising proposals
should be put into operation as demonstrations of what can be done.
Clearly the costs and disruption that complete separation entails
make it an unattractive approach. In developing solutions to combined
sewer overflows, it is necessary to deal with the broader problem of
urban runoff which in itself can create high bacterial pollution. As
experience mounts and the chances for choosing wrong alternatives
diminish, the development of a broader remedial program should be
evaluated.
9. State programs need to be significantly improved. A major step
forward is the tripling of support to State and interstate agencies, as
announced by the President. Emphasis must be placed on improving
the capabilities of State pollution control agencies to monitor, enforce,
and inspect the operations of sewage treatment facilities.
10. Professional, technical, and operator manpower must be trained.
Manpower needs in water pollution control are great, and training
-------
2476 LEGAL COMPILATION—GENERAL
should be accelerated. The Federal Government, States, municipal-
ities and industries must all share in the costs and responsibilities
if a truly effective program is to be launched.
11. A strong and consistent Federal policy should 'be developed to
control thermal pollution. Criteria should be upgraded to assure
prompt and successful negotiations with the States on water quality
limits from thermal pollution, as well as from other sources of water
pollution.
12. A policy and programs should lie developed for ocean disposal
of wastes. In his April 15 message to the Congress on Waste Disposal,
the President directed the Council on Environmental Quality, work-
ing with the Secretaries of the Interior and of the Army, other Fed-
eral agencies, and State and local agencies, to determine research
needs, legislative changes, and other recommendations to deal with
the problem of ocean disposal. The report, due September 1, will focus
on new directions and policies in disposal of a wide variety of wastes
in ocean waters.
13. More research, development, and demonstration are needed in
several areas. New methods must be developed to prevent, control, and
clean up oil spills. New methods should be developed to deal with
waste heat, with more emphasis on its beneficial use. Broader research
is required to define and anticipate adverse effects from water pol-
lutants, including the subtle long-term effects from small amounts
of toxic chemicals.
14. Efforts to assure the safety of municipal water supplies should
l)e increased. This will mean greater research on the potential health
hazards which may be contained in drinking water and more thorough
surveillance of drinking water supplies. Current knowledge, surveil-
lance, and control of such hazards are inadequate.
15. More demonstrations on reuse and recycling of waste waters
and sludge should l>e conducted. Most abatement plans look toward
treatment and disposal into water bodies. The materials left over, the
so-called sludge, are disposed of as a solid waste. More creative solu-
tions for reuse, such as using the fertile waste water for irrigation
systems (providing both water and nutrients), recharging of ground
water, and use of recreation lakes as the end of the treatment process
are necessary. Tertiary treated waste waters could be used as a source
of domestic and industrial water supply. The nutrient-rich sludge
might be used productively as a soil conditioner.
16. Water quality management should lie considered in the broader
context of overall waste management. Water pollution, like other
-------
GUIDELINES AND REPORTS 2477
forms of pollution, is a problem of materials balance. If the materials
normally considered waste are used for productive purposes, pollution
problems are diminished. Recycling of materials—paper, for exam-
ple—would also reduce pollution from primary production. New
chemicals, offshore oil loading facilities, and new methods of generat-
ing power will all have an impact on the environment—positive or
negative. Attention must be given to "technology assessment" to pre-
vent future pollution and to choose alternative courses that will reduce
it. Strategies to deal with water pollution or any other pollution
should take into account these broader waste management
considerations.
17. The attack on problems from agricultural pollution should he
intensified. Among these are nutrients from fertilizers; animal wastes,
especially from feedlot operations; pesticides; and irrigation return-
flows. New techniques must be developed and demonstrated for con-
trolling agricultural pollution as soon as possible. At the same time,
more action can and should be taken now to deal with these problems.
The Council is currently working with Federal agencies and universi-
ties to evaluate the status of control techniques and the best research
and action approaches.
18. Mechanisms may he required to protect water against a wide
variety of materials that enter the environment and that are not cov-
ered under current regulatory authorities. The Council is exploring the
feasibility of a program to pretest and control products and residuals
that can be harmful to human health, to wildlife, and to plant life.
Looking Toward the Future
The Nation is 011 the threshold of a major attack on water pollution,
but the goal is not easily won. The President's proposals for a $10
billion financing program and tighter enforcement will reverse the
worst wyater pollution, but other waiter pollution problems will be-
come even more apparent. In the short run, there is no easy solution
to this highly complex problem. In the long run, control of water
pollution will require institutional and management changes, possibly
some changes in the products that people consume. It will require large
amounts of public funds, and it will lead to higher prices for some
products.
The financing and management tools to solve the water quality prob-
lems of the future are yet to be developed. The Nation's ability to
develop these tools is its most important challenge in attaining high-
quality water.
-------
-------
GUIDELINES AND REPORTS 2479
w;
IV
lion
• E TEND to view air pollution as a recently discovered phe-
nomenon. But since the dawn of the industrial revolution,
people in many communities have endured levels of smoke pollution
that would be held intolerable today. In the last half of the 19th
century, a surprising number of aroused citizen groups protested the
smoke-laden air of London. But their protests were lost in the over-
whelming clamor for industrial development at any price.
Progress in the United States was 110 more heartening. Chicago and
Cincinnati passed smoke control laws in 1881. By 1912, 23 of the 28
American cities with populations over 200,000 had passed similar
laws. But still there was little dent made in air pollution.
In the 1930's, 1940's, and 1950's smoke pollution reached its zenith
in the United States, especially in Eastern and Midwestern industrial
cities. The public outcry against these conditions resulted in the enact-
ment of improved smoke pollution legislation, its partial enforcement,
and a visible improvement in the air of some industrial cities. These
local control efforts focused primarily on cutting down smoke from
fossil fuels, particularly coal. The fortunate advent of diesel engines
in place of steam locomotives and the increased use of gas as a fuel
for space heating also helped cut back air pollution in that era.
-------
2480 LEGAL COMPILATION—GENERAL
The Donora disaster in Pennsylvania in 1948 pricked the conscience
of the Nation, but the experience of Los Angeles beginning in that
same decade was a more certain sign of the complex air pollution prob-
lem which now confronts cities throughout the world. When the citi-
zens of Los Angeles began to complain of smog, few people suspected
that air pollution was a great deal more than just smoke. Los Angeles
used virtually none of the fuels primarily responsible for the smoke
problems of cities elsewhere; yet smog appeared and worsened. Dr.
Arie J. Haagen-Smit, of the California Institute of Technology,
finally pinpointed the principal sources of photochemical smog in
Los Angeles—hydrocarbons and nitrogen oxides from automobile
exhausts. Smog was at first thought to be a phenomenon amplified by
local weather conditions and limited to Los Angeles. Today, however,
most major cities are afflicted to some degree by photochemical smog
as well as by other forms of air pollution.
Air pollution is for the most part a phenomenon of urban living
that occurs when the capacity of the air to dilute the pollutants is
overburdened. Population and industrial growth and a high degree
of dependence on the motor vehicle cause new gaseous and particulate
emissions to complement, interact with, and further complicate the
traditional ones.
When the first Federal air pollution control legislation was passed
in 1955, there were no viable ongoing State programs at all. There
was little interest in the scientific community, and the public, by and
large, equated air pollution with coal smoke and considered smog a
problem unique to Los Angeles. It is no wonder that air pollution
is regarded as a recently discovered phenomenon.
POLLUTANTS AND THEIR SOURCES
Five main classes of pollutants are pumped into the air over the
United States, totaling more than 200 million tons per year. These
are summarized in table 1 for 1968, the latest year for which data are
available for making estimates.
Transportation—particularly the automobile—is the greatest source
of air pollution. It accounts for 42 percent of all pollutants by weight.
It produces major portions not only of carbon monoxide but of hydro-
carbons and nitrogen oxides.
-------
GUIDELINES AND REPORTS
TABLE 1.—Estimated Nationwide Emissions, 1968
[In millions of tons per year]
2481
Source
Transportation
Fuel combustion in stationary sources
Industrial processes
Solid waste disposal
Miscellaneous1 .. . _.
Total
Carbon
mon-
oxide
63.8
1.9
9.7
7.8
16.9
100.1
P artic-
ulates
1.2
8.9
7.5
1.1
9.6
28.3
Sulfur
oxides
0.8
24.4
7.3
.1
.6
33.2
Hydro-
carbons
16.6
.7
4.6
1.6
8.5
32.0
Nitrogen
oxides
8.1
10.0
.2
.6
1.7
20.6
Total
90.5
45.9
29.3
11.2
37.3
214.2
1 Primarily forest fires, agricultural burning, coal waste fires.
Source: NAPCA Inventory of Air Pollutant Emissions, 1970.
Carbon monoxide (CO) is a colorless, odorless, poisonous gas,
slightly lighter than air, that is produced by the incomplete burning
of the carbon in fuels. Carbon monoxide emissions can be prevented
by supplying enough air to insure complete combustion. When this
occurs, carbon dioxide, a natural constituent of the atmosphere, is
produced instead of carbon monoxide.
Almost two-thirds of the carbon monoxide emitted comes from
internal combustion engines, and the overwhelming bulk of that comes
from gasoline-powered motor vehicles.
Particulate matter includes particles of solid or liquid substances in
a very wide range of sizes, from those that are visible as soot and smoke
to particles too small to detect except under an electron microscope.
Particulates may be so small that they remain in the air for long periods
and can be transported great distances by the winds. They are produced
primarily by stationary fuel combustion (31 percent) and industrial
processes (27 percent). Forest fires and other miscellaneous sources
account for 34 percent.
There are established techniques for controlling particulates from a
boiler stack or from a waste air stream—among them filtering, washing,
centrifugal separation, and electrostatic precipitation. These work
well for most of the particles, but complete removal, especially of the
very finest particles, is technically and economically difficult.
Sulfur oxides (SO*) are acrid, corrosive, poisonous gases produced
when fuel containing sulfur is burned. Electric utilities and indus-
trial plants are its principal producers since their most abundant
fuels are coal and oil, which contain sulfur as an impurity. The burning
of coal produces about 60 percent of all sulfur oxides emissions, oil
about 14 percent, and industrial processes that use sulfur 22 percent.
-------
2482
LEGAL COMPILATION—GENERAL
Air Pollution Emissions in the United States, 1968
Percentage by weight
What They Are
Where They Come From
Solid
Waste
Disposal-*-
Forest
Fires'
Fuel
Combustion
in Stationary
Sources
21%
Misc
10% / Industrial
Processes
14%
Source: National Air Pollution Control Administration, HEW.
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GUIDELINES AND REPORTS 2483
Most of the coal and oil is burned in electric power generation plants.
About two-thirds of the Nation's sulfur oxides are emitted in urban
areas, where industry and population are concentrated. And seven
industrial States in the Northeast account for almost half of the na-
tional total of sulfur oxides. In rural areas, however, sulfur oxides
sources may be large industrial plants, smelters, or power plants.
Any one of these may throw out several hundred thousand tons of
sulfur oxides in a year.
Government agencies and industry have sought to reduce sulfur oxide
emissions in three ways: switching to low sulfur fuels (those with less
than 1 percent sulfur), removing sulfur from fuels entirely, and re-
moving sulfur oxides from the combustion gases.
Hydrocarbons (HC), like carbon monoxide, represent unburned and
wasted fuel. Unlike carbon monoxide, gaseous hydrocarbons at con-
centrations normally found in the atmosphere are not toxic, but they
are a major pollutant because of their role in forming photochemical
smog. More than half the estimated 32 million tons of hydrocarbons
produced each year comes from transportation sources, mainly gas-
oline-fueled vehicles. Another 27 percent comes from miscellaneous
burning and 14 percent from industrial processes. About 60 percent is
produced in urban areas, largely because there are more automobiles.
Nitrogen oxides (NOX) are produced when fuel is burned at very
high temperatures. Stationary combustion plants produce 49 percent
of the nitrogen oxide emissions; transportation vehicles, 39 percent;
and all other sources, 12 percent.
Internal combustion engines operate at very high temperatures, and
so do efficient, large electric power and industrial boilers. Nitrogen
that is ordinarily inert combines with oxygen in high temperature
flames and tends to stay combined if the exhaust gases are cooled too
quickly. The control of NOX from stationary sources requires careful
adjustment of flame and stack gas temperatures. Control of nitrogen
oxides from automobiles is more difficult because reducing other
pollutants can increase the output of NOX.
Under the influence of sunlight, nitrogen oxides combine with
gaseous hydrocarbons to form a complex variety of secondary pollu-
tants called photochemical oxidants. These oxidants, together with
solid and liquid particles in the air, make up what is commonly known
as smog. The photochemical oxidant family of pollutants includes,
among others, ozone, an unstable, toxic form of oxygen; nitrogen
-------
2484 LEGAL COMPILATION—GENERAL
dioxide; peroxyacyl nitrates; aldehydes; and acrolein. In air they
can cause eye and lung irritation, damage to vegetation, offensive odor,
and thick haze.
WHAT AIR POLLUTION DOES
Air pollution adversely affects man and his environment in many
ways. It soils his home and interferes with the growth of plants and
shrubs. It diminishes the value of his agricultural products. It obscures
his view and adds unpleasant smells to his environment. Most im-
portant, it endangers his health.
The extent of air pollution depends heavily on how weather disposes
of the pollutants. The ability of the atmosphere to dilute and disperse
them is limited to two factors—wind speed and the depth in the
atmosphere to which air near the surface can be mixed. Although
considerable variation occurs from day to day in the extent to which
these factors disperse air pollution, the same patterns tend to repeat
themselves over months or years. On some few days in a year, strong
winds and highly unstable atmospheric conditions may disperse even
the heaviest blanket of pollution. On many other days, weak winds
and highly stable conditions let small quantities of pollutants accumu-
late and build up to serious proportions. Between these extremes,
variations in weather conditions create varying levels of pollution
over a given area.
Many cities lie in natural basins at the confluence of rivers, around
bays, or in flat areas backed against mountains. Such basins are natural
gathering places for low-lying masses of warm air, which trap pol-
lutants in the familiar phenomenon known as an "inversion." How-
ever, even communities more favorably located increasingly find that
atmospheric conditions limit the amount of air available as a dumping
place for pollutants.
. . . to Human Health
The most important effect of air pollution is its threat to human
health. Acute episodes of pollution in London, New York, and other
cities have been marked by dramatic increases in death and illness
rates, especially among the elderly and those with preexisting respira-
tory or cardiac conditions.
-------
GUIDELINES AND REPORTS 2485
The incident most familiar to Americans occurred in 1948 in Donora,
an industrial town in the mountains of western Pennsylvania. Almost
half of the town's 14,000 inhabitants fell ill; 20 died. The worst air
pollution disaster of modern times struck in London in 1952 when its
famous "killer smog" increased the number of deaths in London to
1,600 more than would have normally occurred. Both of those episodes
occurred when, under conditions lasting for several days, unusual
weather prevented the dispersal of pollutants.
Such major disasters are cause for concern. However, of much
greater significance for the American population are the subtle, long-
range effects on human health of exposure to low-level, long-lasting
pollution.
The causes of chronic diseases which constitute the major public
health problems of our time are difficult to determine. Assessing the
contribution of particular pollutants to these conditions is complicated
by the seemingly infinite variety of pollutants to which persons, par-
ticularly those in urban areas, are exposed from the day of their birth.
And it is difficult to separate pollution from the other biological and
physical stresses to which people are subjected.
Nonetheless, it is well established that air pollution contributes to
the incidence of such chronic diseases as emphysema, bronchitis, and
other respiratory ailments. Polluted air is also linked to higher mor-
tality rates from other causes, including cancer and arteriosclerotic
heart disease. Smokers living in polluted cities have a much higher
rate of lung cancer than smokers in rural areas.
The incidence of chronic diseases has soared sharply during this
century, while the infectious diseases which were the primary public
health concern in the past have been brought under control. Heart
and blood vessel diseases caused more than half the deaths in the
United States in 1962. Lung cancer, once a rarity, now kills more
persons than all other cancer types combined. Emphysema has doubled
every 5 years since World War II. Air pollution has been linked to
asthma, acute respiratory infections, allergies, and other ailments in
children. Such childhood diseases may well underlie chronic ills devel-
oped in later life.
Knowledge of the health effects of specific contaminants present
in the air is far from complete. However, the more overt health effects
of several major classes of pollutants are beginning to be denned.
Those pollutants are found almost everywhere in the United States.
-------
2486 LEGAL COMPILATION—GENERAL
When carbon monoxide is inhaled, it displaces the oxygen in the
blood and reduces the amount carried to the body tissues. At levels
commonly found in city air, it can slow the reactions of even the health-
iest persons, making them more prone to accidents. Moreover, it is
believed to impose an extra burden on those already suffering from
anemia, diseases of the heart and blood vessels, chronic lung disease,
overactive thyroid, or even simple fever. Cigarette smokers, who are
already inhaling significant amounts of CO in tobacco smoke, take on
an additional CO burden from polluted air.
Studies show that exposure to 10 parts per million of CO for approxi-
mately 8 hours may dull mental performance. Such levels of carbon
monoxide are commonly found in cities throughout the world. In heavy
traffic situations, levels of 70, 80, or 100 parts per million are not
uncommon for short periods.
Sulfur oxides, produced mainly by burning coal and oil, can cause
temporary and permanent injury to the respiratory system. When
particulate matter is inhaled with the sulfur oxides, health damage
increases significantly. The air pollution disasters of recent years were
due primarily to sharply increased levels of sulfur oxides and
particulates.
Sulfur dioxide can irritate the upper respiratory tract. Carried
into the lungs on particles, it can injure delicate tissue. Sulfuric acid—
formed from sulfur trioxide when water is present—can penetrate
deep into the lungs and damage tissue.
Health may be imperiled when the annual mean concentration of
sulfur dioxide in the air rises above 0.04 parts per million. Deaths from
bronchitis and from lung cancer may increase when this level of
sulfur dioxide is accompanied by smoke concentrations of about 0.06
parts per million. American cities often exceed this annual mean sub-
stantially. The annual mean concentration of SO2 in the air was 0.12
parts per million in Chicago in 1968; in Philadelphia it was 0.08.
When SOX exceeds 0.11 parts per million for 3 to 4 days, adverse health
effects have been observed, and this level is reached in many large
cities during inversions.
Photochemical oxidants have emerged relatively recently as a major
health problem, and research relating to their effects on human health
is still in its infancy. However, studies have shown that eye irrita-
tion begins when peak oxidant levels reach 0.10 parts per million.
Increased frequency of asthma attacks occurs in some patients on
those days when hourly concentrations average 0.05 to 0.06 parts per
million. Even the healthiest persons may be affected, however; a study
-------
GUIDELINES AND REPORTS 2487
of cross-country runners in a Los Angeles high school showed that their
performances suffered when hourly average oxidant levels ranged
from 0.03 to 0.30 parts per million.
Less is known about the effects on health of nitrogen oxides, which
play such an important part in producing photochemical pollution.
They have been little studied until recently. However, evidence so far
suggests that they may be harmful to human health. A study in Chat-
tanooga, Term., linked very low levels of these oxides in the air to chil-
dren's susceptibility to Asian flu.
The lowest particulate levels at which health effects have been noted
in the United States were reported at Buffalo. The Buffalo study sug-
gests that the overall death rate rises in areas with an annual average
concentration ranging from 80 to 100 micrograms per cubic meter. The
study also reveals a tie between these levels of particulate matter and
gastric cancer in men 50 to 69 years old. A similar association was
found in a Nashville study. Particulate levels in this range are found
in most major urban areas and are common even in smaller industrial
cities.
The findings relating to particulate matter, as a class of pollutants,
amply justify measures to reduce their level in the air. Included in
this class of pollutants are a number of substances which are potential
health hazards at much lower concentrations and which will require
even more stringent controls.
Beryllium, for example, which may be emitted from industrial
sources and from rocket fuel, can cause lesions in the lung, producing
serious respiratory damage and even death. Since the sources of this
pollutant are limited, however, it may be a problem only in specific
localities.
Asbestos, long recognized as an occupational hazard, is increasingly
present in the ambient air because of its use in construction materials,
brake linings, and other products. Long exposure in industry pro-
duces the lung-scarring disease, asbestosis. On the other hand, mesothe-
lioma, a type of lung cancer associated almost exclusively with asbestos
exposure, does not appear to be associated only with heavy or continued
exposure.
Many other particulate pollutants are a growing public health
worry even though they may not constitute such an immediate and
direct threat. Current studies suggest that lead levels now found in the
blood and urine of urban populations—although well below those as-
sociated with classic lead poisoning—may interfere with the ability of
-------
2488 LEGAL COMPILATION—GENERAL
the human body to produce blood. As air pollution becomes more wide-
spread, increased numbers of people are being exposed to airborne lead,
chiefly from automotive emissions, at levels formerly found only in
congested areas.
. . . to Vegetation and Materials
Air pollution inflicts widespread and costly damage on plant life
and buildings and materials. Some experiences of the past warned of
the effects of air pollution on plant life. Sulfur dioxide fumes from
a large copper smelting plant set up after the Civil War in Copper
Basin, Tenn., damaged 30,000 acres of timberland. Much of this orig-
inally forested mountain land is still barren. Today, the damage to
plant life is less dramatic than in the days of unrestricted smelter
operations. But the slower, chronic injury inflicted on agricultural,
forest, and ornamental vegetation by increasing quantities and varieties
of air pollutants has now spread to all parts of the country.
Smog in the Los Angeles basin contributes to the slow decline of
citrus groves south of the city and damages trees in the San Bernardino
National Forest 50 miles away. Fluoride and sulfur oxides, released
into the air by phosphate fertilizer processing in Florida, have blighted
large numbers of pines and citrus orchards. Livestock grazing on
fluoride-tainted vegetation develop a crippling condition known as
fluorosis. In New Jersey, pollution injury to vegetation has been ob-
served in every county and damage reported to at least 36 commercial
crops.
At sulfur oxide levels routinely observed in some of our cities, many
plants suffer a chronic injury described as "early aging." Nitrogen
dioxide produces similar injury symptoms and seems to restrict the
growth of plants even when symptoms of injury are not visible. Ozone,
a major photochemical oxidant, is a significant threat to leafy vege-
tables, field and forage crops, shrubs, and fruit and forest trees—
particularly conifers. The damage from ozone in minute quantities can
be great. Extended ozone exposure to 0.05 parts per million can re-
duce a radish yield 50 percent. Tobacco is sensitive to ozone at a level
of 0.03 parts per million.
Air pollutants also damage a wide variety of materials. Sulfur oxides
will destroy even the most durable products. Steel corrodes two to
four times faster in urban industrial areas than it does in rural areas
where much less sulfur-bearing coal and oil are burned. When par-
-------
GUIDELINES AND REPORTS 2489
ticulate matter is also present in the air, the corrosion rates multiply.
One-third of the replacement cost of steel rails in England is estimated
to be caused by sulfur pollution. The rise of sulfur oxides levels in the
air is accelerating the erosion of statuary and buildings throughout
the world, and in some cities, works of art made of stone, bronze, and
steel must be moved indoors to preserve them from deterioration. Par-
ticulate matter in the air not only speeds the corrosive action of other
pollutants but by itself is responsible for costly damage and soiling.
Clothes and cars must be washed, houses painted, and buildings cleaned
more often because of the particulates in the air. Ozone damages tex-
tiles, discolors dyes, and greatly accelerates the cracking of rubber.
. . . to Visibility
Air pollution dims visibility, obscures city skylines and scenic beauty,
interferes with the safe operation of aircraft and automobiles, and
disrupts transportation schedules. In one recent year, low visibility
from smoke, haze, and dust was the suspected cause of 15 to 20 plane
crashes. In Los Angeles, visibility in the smog frequently lowers to less
than 3 miles. During the air pollution alert in the eastern States dur-
ing July 1970, visibility was almost totally obscured in some areas.
The Federal Aviation Administration's visibility safety factor for
airplane operation without instruments is 5 miles. Nitrogen dioxide,
which reaches peak levels during morning rush-hour traffic, is respon-
sible for the whiskey-brown haze that stains the sky over many cities.
Particulates, however, are the major villain in reducing visibility.
Particles (ash, carbon, dust, and liquid particles) discharged directly
to the air scatter and absorb light, reducing the contrast between
objects and their backgrounds. Particles are also formed in the at-
mosphere by photochemical reactions and by the conversion of sulfur
dioxide to sulf uric acid mist. Wherever sulfur pollution is significant—
which is wherever large amounts of coal and oil are burned—visibility
diminishes as relative humidity rises.
. . . t o Climate
Air pollution alters climate and may produce global changes in tem-
perature. Chapter V of this report deals with that subject.
-------
2490 LEGAL COMPILATION—GENERAL
WHAT AIR POLLUTION COSTS
... in Damages
The total costs of air pollution in the United States cannot be precisely
calculated, but they amount to many billions of dollars a year. Eco-
nomic studies are beginning to identify some of the more obvious costs.
To paint steel structures damaged by air pollution runs an estimated
$100 million a year. Commercial laundering, cleaning, and dyeing of
fabrics soiled by air pollution costs about $800 million. Washing cars
dirtied by air pollution costs about $240 million. Damage to agricul-
tural crops and livestock is put at $500 million a year or more. Adverse
effects of air pollution on air travel cost from $40 to $80 million a year.
Even more difficult to tie down are the costs of replacing and protect-
ing precision instruments or maintaining cleanliness in the production
of foods, beverages, and other consumables. It is equally difficult to
assess damage, soiling, and added maintenance to homes and furnish-
ings or how air pollution acts on property values. The cost of fuels
wasted in incomplete combustion and of valuable and potentially re-
coverable resources such as sulfur wasted into the air is also hard to
count. It is still more difficult to determine the dollar value of medical
costs and time lost from work because of air pollution—or to calculate
the resulting fall in productivity of business and industry.
... in Control
The total investment necessary through 1975 to control the major
industrial and municipal sources of particulate matter, sulfur oxides,
hydrocarbons, and carbon monoxide in 100 metropolitan areas of the
United States has been estimated at $2.6 billion. This includes costs
for controlling both existing and new sources. By 1975, it will cost
another $1.9 billion for operation, maintenance, depreciation, and
interest.
These estimated costs are based on assumed future control require-
ments. Still, the yearly cost to control the industrial sources of these
four major pollutants is relatively low, less than 1 percent of the
value of the annual output of the industries involved, although the
costs to some industries is much greater.
-------
GUIDELINES AND REPORTS 2491
According to industry estimates, the costs of control devices to meet
Federal motor vehicle emission standards are rising rapidly, both
because of general increases in prices and because of the increasing
stringency of the standards. The cost for 1968 and 1969 models was
$18-19 per car; for 1970, $36 per car; and for 1971 models it is esti-
mated at $49 per car. The application of more stringent standards
will increase these costs still further. Thus in 1971 the cost for in-
stalling control devices on the 10 million new cars produced will be
almost $500 million. However, assuming that the average vehicle life
is 10 years, the cost is only $5 per car per year.
PROGRAMS IN AIR POLLUTION CONTROL
Legislative History
The first Federal legislation concerned exclusively with air pollution
was enacted in July 1955. It authorized $5 million annually to the
Public Health Service of the Department of Health, Education, and
Welfare for research, data collection, and technical assistance to State
and local governments.
Pressures for action led to the Clean Air Act of 1963. It provided
grants to air pollution agencies for control programs (with special
bonuses for intermunicipal or interstate areas). And it provided Fed-
eral enforcement authority to attack interstate air pollution problems.
In October 1965, the Clean Air Act was amended to permit national
regulation of air pollution from new motor vehicles. The first stand-
ards were applied to 1968 models. These standards were tightened
for 1970 and 1971 model cars. And even more stringent standards
have been announced for 1973 and 1975.
In November 1967, the Congress passed the comprehensive Air
Quality Act, which undergirds much of the current Federal air pollu-
tion control effort. That act set in motion a new regional approach to
establishing and enforcing Federal-State air quality standards:
• The Secretary of HEW first must designate air quality control
regions within a State or within an interstate region.
• The Secretary must promulgate air quality criteria which,
based on scientific studies, describe the harmful effects of an air
pollutant on health, vegetation, and materials. He must issue
control technology documents showing availability, costs and
effectiveness of prevention and control techniques.
-------
2492 LEGAL COMPILATION—GENERAL
• In the designated regions, the States must show willingness
to establish air quality standards.
• The States then set standards limiting the levels of the pollutant
described in the criteria and control technology documents. If
the States fail to do this, the Secretary is empowered to set the
standards.
• After the States have developed air quality standards, they
must establish comprehensive plans for implementing them.
(These plans should set specific emission levels by source and a
timetable for achieving compliance.)
The process of adopting standards and implementation plans can
take up to a year and a half, and the approval process requires still
more time. The process must be renewed and repeated each time
criteria and control techniques are issued for a new pollutant.
On February 10, 1970, the President made a number of legislative
proposals to improve the air quality program. Among them were pro-
posals to apply air quality standards throughout the entire Nation,
not just within the air quality control regions. Hearings are provided
for, and the States have the option of adopting more stringent stand-
ards if they choose. The States would have 9 months from the time
the national standards are established to submit a plan detailing
how they would enforce the national standards, including the asso-
ciated emission standards. The Federal Government would enforce
the standards if the air quality in a State or region fell below the
standards and the State plan was not being carried out. The pro-
visions for national standards should markedly quicken the process
of establishing enforceable standards and a workable plan for
abatement.
The President's proposals also call for national emission standards
for new pollutant sources considered harmful to health and welfare
and which can be controlled. This authority is necessary to insure that
new stationary sources are designed to reduce emissions to the lowest
level consistent with available technology. National emission stand-
ards would apply to existing as well as to new stationary sources for
pollutants extremely hazardous to health, such as asbestos, cadmium,
or beryllium. The legislation would authorize the Secretary of HEW
to move directly against sources of these pollutants when States do
not act.
The President's program would also extend Federal enforcement
authority to pollution within one State. And it would levy fines of up
to $10,000 a day for noncompliance.
-------
GUIDELINES AND REPORTS 2493
The Department of HEW first issued documents on air quality
criteria and control methods for sulfur oxides and particulate matter
in February 1969. This triggered the standards-setting process for
these two key pollutants. In March 1970, criteria and control docu-
ments were issued for carbon monoxide, hydrocarbons, and photo-
chemical oxidants. HEW expects to issue documents on lead, nitrogen
oxides, flourides, and polynuclear organic compounds early in 1971.
By July 1,1970, air quality regions had been designated in 40 major
metropolitan areas. By the end of the summer 1970, HEW expects to
designate 90 regions, providing at least one region in each State. These
regions will embrace 123 million people, almost 60 percent of the U.S.
population. As of July 1, 1970, 17 States had submitted standards
to the Department, and 10 had been approved. No implementation
plans have yet been approved.
Action on each new pollutant requires publication of air quality
criteria and control technology, the development and approval of
State standards for each region, and the development and approval of
State implementation plans for each region. The National Air Pollu-
tion Control Administration (NAPCA) is currently studying 30 dif-
ferent pollutants to determine their potential effects on health. When
the evaluations are completed, criteria documents will be issued, as
necessary.
Federal Abatement Actions
Although the major current emphasis is on developing standards,
some action continues under the enforcement provisions of the 1963
Clean Air Act. Since passage of the act, 10 enforcement conferences
have been held. Four have dealt with single sources of pollution; six
have considered all sources of pollution within major metropolitan
areas, including the metropolitan areas of New York-New Jersey,
Kansas City, arid Washington, D.C.
Those conferences covering whole metropolitan areas have concen-
trated more on strengthening State and local efforts than on directly
curbing polluters. The conference-public hearing procedure has been
a cumbersome and time-consuming method of taking action against
individual polluters.
The first air pollution enforcement action was instituted in 1965
against a chicken rendering plant in Bishop, Md. A conference was
held in 1965 and a public hearing in 1967; a suit was begun in the Fed-
eral district court in 1969, and an appeal finally made to the U.S
-------
2494 LEGAL COMPILATION—GENERAL
Supreme Court. The plant was not shut down until the Supreme
Court refused to hear the appeal in May 1970—5 years after the action
started. No other enforcement action has proceeded beyond the con-
ference stage.
No enforcement has yet taken place under the 1967 act, since the
standards, for the most part, have not yet been adopted nor implemen-
tation plans approved. The President has submitted comprehensive
proposals to the Congress to strengthen enforcement powers. These
are discussed later in the chapter.
Curbing Auto Pollution
The first standards set under the 1965 Amendments to the Clean Air
Act applied to 1968 model vehicles. These standards required complete
control of crankcase hydrocarbons and partial control of exhaust
hydrocarbons and carbon monoxide.
In June 1968, HEW tightened exhaust standards for 1970 and later
model vehicles and for the first time set evaporative loss standards—
to be applied starting with the 1971 model year.
In July 1970, the Secretary proposed sweeping changes in pro-
cedures for testing whether new automobiles meet the Federal emis-
sion standards—when it was discovered that the existing procedures
underestimated the actual amount of pollution being emitted. The
new test procedures would take effect when prototypes of 1972 model
cars begin their tests at the end of this year. At the same time, the
Secretary confirmed the same 1975 standards for hydrocarbons and
carbon monoxide and said that the nitrogen oxide and particulate
standards proposed in February 1970 would be confirmed as soon as
test procedures for these standards had" been, developed. Table 2 sum-
marizes the effects of all these standards on automobile emissions
through 1975.
Under the 1965 Amendments to the Clean Air Act, NAPCA tests
only vehicles submitted by a manufacturer. If the test vehicle meets
the Federal standards, all other like model vehicles sold by a manu-
facturer are deemed in conformity with the standards.
The first surveillance data on production line cars subject to the
Federal standards were reported in the summer of 1968. The data
showed that, on the average, the cars complied with the Federal
standards. However, by the winter of 1969, the surveillance data
showed that, on the average, hydrocarbon emissions of 1968 cars ran
about 20 percent above the standard and carbon monoxide emissions
-------
GUIDELINES AND REPORTS
2495
about 8 percent above. Reports in 1970 show hydrocarbon emissions
higher than the standard by 25 percent and carbon monoxide by about
10 percent.
TABLE 2.—Exhaust Emission Standards and Uncontrolled Vehicle Emission Levels
Based on Current and Proposed 197& Test Procedures
PRESENT TEST PROCEDURE
Baseline (uncontrolled vehicle)
Present standards (Intended degree
ofcontrol).
1975 standards (expected control)
Hydrocarbons
G./mi.i
11.2
2.2
.5
Per-
cent3
80
96
Carbon
monoxide
Q./ml.
73.0
23.0
11.0
Per-
cent
69
86
Oxides of
nitrogen
Q./ml.
N.A.3
Per-
cent
N.A.
Participates
G./mi.
N.A.
Per-
cent
N.A.
PROPOSED TEST PROCEDURE
Baseline (uncontrolled vehicle)
Equivalent present standards
Proposed 1972 Standards (control)
Proposed 1975 standards (control) . . .
14.6
4.6
2 9
.5
69
80
97
116.3
47.0
37 0
11.0
60
69
91
6.0
3 0
.9
50
85
0,3
.1
66.7
' Grams per mile emitted. 3 No standards applicable.
2 Percentage reduction from uncontrolled vehicle. Source: NAPCA.
Remedies for the failure of production line cars to perform as well
as their prototypes are both administrative and legislative. New tests
to be applied for the first time to 1972 models include a revised dura-
bility test. It will more accurately reflect actual operating conditions.
And the manufacturer will be required to make available to NAPCA
test cars to be under the control of the Federal Government in ac-
cumulating durability mileage.
Proposed Presidential amendments to the Clean Air Act would
authorize HEW to withdraw approval of a particular model of car if
vehicles coming off the production lines do not meet the Federal stand-
ards. Moreover, the Secretary of HEW would be explicitly authorized
to test, or require manufacturers to test, vehicles at the end of produc-
tion lines. Even with these safeguards, many automobiles will not meet
the standards. In addition to systems that break down or are not suf-
ficiently durable, the car owner may not provide proper maintenance.
The data on present levels of pollution in our urban environment,
-------
2496 LEGAL COMPILATION—GENERAL
the projected increase in urban traffic in the years ahead, and the
performance of pollution control systems under actual driving condi-
tions make it clear that even applying stricter standards in 1975 will
only prolong the downward curve in vehicle emissions until the middle
1980's. After that, carbon monoxide levels will again rise because of
the sheer number of automobiles on the roads and highways.
Motor vehicle pollution is the product of a complex combustion
system of engines, fuels, and fuel additives. Effective control, then,
means dealing not only with engines and control devices but with the
fuel itself and with fuel additives. The President's proposed legislation
includes authority to establish standards and regulations for both
fuel and fuel additives.
The key additive from an air pollution control viewpoint is tetra-
ethyl lead in gasoline. It accounts for a significant portion of the par-
ticulate pollution from automobiles. Most experts believe that control
systems incorporating chemical catalysts will be required to meet 1975
standards. Experience to date indicates that lead in gasoline poses
serious problems to the use of catalytic control devices. Although other
control methods are likely to be available, the catalyst appears to be
most economical and durable. A panel of the Commerce Technical
Advisory Board concluded that lead-free gasoline should be ready
within the next few years so that industry will have the chance to road-
test these catalytic devices. Automobile manufacturers say that they
intend to market vehicles with low-octane requirements in their 1971
models, thus reducing or even eliminating the need for lead in gasoline.
The Secretary of HEW has asked the chief executives of the Na-
tion's petroleum companies to work toward production of a lead-free
gasoline. The Secretary suggested a plan to reduce lead levels in regu-
lar grades to 0.5 gram per gallon by July 1, 1971, and to zero lead
content by July 1, 1974. However, since premium gasoline containing
lead will still be needed for a number of years to meet the requirements
of high compression engines in older cars, the Secretary's plan pro-
vides for leaded premium gasoline as long as it is needed. To make the
new gasolines competitive, the administration has requested a $4.25 per
pound tax on lead used in gasoline.
An alternative to the internal combustion engine may be necessary
if it cannot meet the increasingly stiff standards. The President an-
nounced in his February 10, 1970, environmental message a, program
to develop one or more alternatives within 5 years. He called for:
-------
GUIDELINES AND REPORTS
2497
Carbon Monoxide Emissions by Motor Vehicles
in the United States, 1960-90
I960 1965 1970 1975 1980 1985 1990
Projections based on proposed
1973 and 1975 Federal Standards
Source: National Air Pollution Control Administration, HEW.
-------
2498 LEGAL COMPILATION—GENERAL
• An extensive research and development program to be con-
ducted under the general direction of the Council on Environ-
mental Quality;
• An incentive program to private developers, through Govern-
ment purchase of privately produced unconventional vehicles
for testing and evaluation.
Controlling Sulfur Oxides
Sulfur oxides are one of the most difficult classes of air pollutants to
control. Because of their toxicity and pervasiveness, they are among
the most dangerous air pollutants to human health and are clearly
the most harmful to vegetation, buildings, and materials. Because
their source is chiefly the electric power industry, their potential
increase is tied to that burgeoning industry, which almost doubles its
output every 10 years.
At present about 65 percent of the energy for generating electricity
stems from coal; gas, oil, and hydroelectric sources account for about
34 percent; and nuclear energy the remaining 1 percent. By 1980, 22
percent of the total installed electric power capacity is expected to be
nuclear. By 1990, it will be 40 percent. However, by far the greatest
source of energy is now, and will continue to be for the rest of this
century, the burning of coal and oil. The amount of coal used for
power by the year 2000 will be four times greater than it is today.
A number of alternatives are available to control sulfur oxide pol-
lution over the next decade. Switching fuels is possible, but only when
an alternative, low-sulfur fuel is available. Most coal near the Nation's
centers of population and power demand is high in sulfur. Low-
sulfur coal not only is far away but also commands a higher price for
use as coke by domestic and foreign steelmakers. North Africa and
other areas are rich in low sulfur oil but are limited by low production
and refinery capabilities. Oil import quotas bar it from certain areas
of the Midwest and the West Coast, although the oil may be imported
to other areas of the United States. The United States will probably
continue to rely primarily on residual oil from the Western Hemis-
phere. And that oil will have to be desulfurized before it is used. Nat-
ural gas carries an insignificant sulfur content, but it is the scarcest
of fossil fuels, and most of it is being conserved for nonpower purposes.
Sulfur can be separated from coal and oil, but the processes are
costly, and some are not fully developed technically. Methods to re-
move sulfur from the stack gases after the fuel is burned are under
-------
GUIDELINES AND REPORTS
2499
10-
£ 6-
o
.c
V,
I
o
1965
Projected Electric Generation
by Source 1965-2000
Annual average generation
T
.:
Coal-Fueled Steam
1980 \ 2000
Pumped-Storage Hydro
Sources: Water Resources Council; Bureau of Mines, Department of the Interior.
-------
2500 LEGAL COMPILATION—GENERAL
development. However, none of these processes is yet in large-scale
use and the costs are not yet known. Some of the stack control processes
recover sulfur or a sulfur byproduct, which can be sold to help offset
costs. Some are also being evaluated for their potential in reducing
pollution from nitrogen oxides.
Research and Development
A number of technological and research gaps in controlling air pollu-
tion still exist. NAPCA carries on an extensive research, development,
and demonstration program in its own facilities and through grants
and contracts. The fiscal year 1970 budget contains $59.3 million in
budgeted funds for research and demonstration. The fiscal year 1971
budget requests call for $63.3 million.
Two principal areas hold high priority. One is the development of
technology for the control of stationary sources. Currently, a com-
prehensive program is underway in NAPCA, working with the Bu-
reau of Mines and TVA, aimed at perfecting techniques for controlling
sulfur oxides. A similar program is getting underway for nitrogen
oxides. The second prime priority is the development of new low-
emission power systems for motor vehicles. This program aims to
develop at least two unconventional vehicle prototypes and to dem-
onstrate commercial feasibility by 1975. Initial research will center
on gas turbine, steam, and hybrid systems, with continued work on
electrical systems. The 1971 Federal Budget sets aside $9 million for
this program. The Council on Environmental Quality has worked
closely with the Department of Health, Education, and Welfare,
which is the lead agency for this program, and with other Federal
agencies to assure that the widest range of Federal talents is enlisted
in the low-emission power program. The Council has also appointed a
committee to advise it on this program, headed by Dr. Ernest
Starkman, of the University of California at Berkeley.
Air Quality Monitoring
Collecting and evaluating data on air pollutant emissions and air
quality require a joint Federal-State-local effort. NAPCA is now en-
gaged not only in operating its own air monitoring network but also
in supporting State and local monitoring activities. NAPCA's own air
monitoring program involves operation of more than a thousand air
sampling devices at stations across the country, including six con-
tinuous monitoring stations in major cities. Over the past year,
-------
GUIDELINES AND REPORTS 2501
mechanized devices for measuring various gaseous pollutants were
put in operation at 145 sites. This expansion of NAPCA's network
reflects the increased stress on gathering data for air pollutants which
have been or will be the subject of air quality criteria documents.
State and local governments, which have the primary responsibility
for monitoring air quality, operate over 2,000 stations. Most of them,
however, monitor air quality only intermittently.
State and Local Programs
With one major exception—new motor vehicles, whose control the
Clean Air Act preempts to the Federal Government—primary respon-
sibility for the control of the sources of air pollution is assigned
to State and local governments. An assessment, then, of State and
local air pollution control programs is a useful measure of the current
efforts to cope with the problem.
A March 1970 Department of Health, Education, and Welfare
report to the Congress, "Progress in the Prevention and Control
of Air Pollution," traces the considerable increase in State and
local budgets for air pollution control, stimulated in large part by
the Federal matching grants program initiated in 1963. However,
of the 55 State and territorial programs being financed by the grants
program in 1970, only six have reached an annual per capita expendi-
ture of 25 cents, which is generally considered the minimum expendi-
ture needed for State programs. Only 23, including the six, are spend-
ing as much as 10 cents per person per year. At the local level, the
situation is better: 64 of 144 grantee agencies are spending at least
40 cents per capita per year, which is generally considered the mini-
mum needed for local programs.
Table 3, also from the March 1970 HEW progress report, shows the
accelerated pace at which States have been adopting air pollution con-
trol regulations during the last several years. Prior to passage of the
Clean Air Act in 1963, only nine States had adopted air pollution
control regulations. By 1967-68, 30 had. By the end of 1970 it is ex-
pected that all States will have established the legal basis for con-
trolling the sources of air pollution.
No detailed survey has been made of the adoption of air pollution
regulations at the local level of government. However, local agencies
set up to deal with the problem have proliferated—from 85 agencies
in 1962 to more than 200 today.
-------
2502
LEGAL COMPILATION—GENERAL
Budgets of State, Local and Regional Air Pollution
Control Agencies, Fiscal Years 1961-69
60
50
40
191*
Agencies
. 170*
Agencies
Federal
21.2
M.-S* Si-
1961
1965
1968
1969
•Number of Agencies: Totals for 1961 represent all agencies in existence at that time;
Totals for subsequent years represent all agencies receiving Federal grant support.
Source: National Air Pollution Control Administration, HEW.
-------
GUIDELINES AND REPORTS
2503
TABLE 3.—State Laws and Regulations
[Number of States enacting laws and regulations in specified years]
Initial law enacted
First regulation adopted
Type of regulation:
Administrative -
Open burning
Ambient standards
Visible emissions _
Incinerator
Industrial process
Vehicle
Sulfur oxides
1951-62
11
9
9
2
4
2
5
1
1
1963-64
3
1
1
1
1965-66
9
4
4
3
3
1
3
2
4
1
1967-68
23
17
13
11
12
11
11
13
9
5
5
Total
46
30
26
16
19
15
22
17
14
6
6
Perhaps the most significant indicator of the adequacy of State and
local air pollution control programs is manpower. The 1970 HEW re-
port to the Congress, "Manpower and Training Needs for Air Pollu-
tion Control," indicates that in general control agencies are inade-
quately staffed. Fifty percent of State agencies have fewer than 10
positions budgeted, and 50 percent of local agencies have fewer than
seven positions budgeted. Further, during 1969 the vacancy rate for
all agencies was 20 percent. Recruitment of competent personnel is
difficult. The report estimates that by 1974 State and local agencies
will need 8,000 personnel if they are to implement the Clean Air Act
properly—a jump of 300 percent over the number of persons currently
employed in these programs.
The chief difficulty is the low salary rates paid by State and, local
agencies. The HEW report cites a study which indicates that State and
local median salaries fall 20 to 50 percent below the median paid by
industry for comparable positions.
EVALUATION
In evaluating the effectiveness of air quality efforts, it is useful to
separate stationary from mobile sources, since the methods of control
and the implementing institutions are so different. It is also useful, for
purposes of perspective, to compare air quality and water quality
efforts on stationary sources, since many aspects of the Federal legisla-
tion are similar.
-------
2504 LEGAL COMPILATION—GENERAL
Stationary Sources
Congressional and public concern focused on water pollution many
years before air pollution. The first permanent water pollution legisla-
tion was enacted in 1956, the first permanent air pollution legislation
not until 1963. There are currently standards and implementation
plans for almost all the interstate and coastal waters of the United
States, covering most forms of water pollution. Water quality criteria
have been developed, and Federal, State, and local governments and
industry are beginning to commit themselves to abatement programs.
In contrast, only five air pollution criteria have been issued; only
10 State standards have been approved; and 110 State implementation
plans have yet been approved. There is currently no basis for enforcing
standards, because enforcement must await approval of implementa-
tion plans.
The air pollution effort is not as advanced as water pollution in terms
of stationary sources for three major reasons. First, there is no avail-
able technology for a number of air pollutants, although most forms
of industrial water pollution are amenable to control. Second, State
water pollution control agencies have existed for many years in the
United States and have developed capabilities, although often limited.
Until enactment of the Air Quality Act of 1967, air pollution control
was largely conducted by local agencies. Few States had adequate man-
power and resources. Finally, the Air Quality Act of 1967 is no longer
an adequate tool to cope with current pollution problems. Procedures
for development and implementation of air quality standards are too
slow and place an inordinate burden on both the States and the Federal
Government.
The current enforcement authority is also inadequate. As with water
pollution, the Federal Government has no jurisdiction if the pollution
from one State is not endangering health and welfare in another State,
unless the Governor of the State in which the pollution occurs requests
help. The current conference-hearing procedure is unduly cumbersome
and time consuming. The only court action that can be requested by
the Government against a polluter is a cease-and-desist order, and the
only available remedy in the case of noncompliance is to hold the
polluter in contempt of court. The current act does not provide for
fines to compel compliance.
-------
GUIDELINES AND REPORTS 2505
Mobile Sources
The attack on pollution from automotive emissions has begun to make
progress. Current standards have already reduced emissions, and
the 1973 and 1975 standards are expected to bring a further marked de-
crease. As discussed earlier, however, control systems on vehicles sold
to the public lose their effectiveness more rapidly than on test vehicles,
and, accordingly, the goals may not be met. Also, the current program
does not deal with the millions of cars on the road with no control
systems at all or with systems that do not or will not meet the required
standards.
Monitoring
Although air pollution monitoring has been underway for years, the
current systems—Federal, State, and local—are so spotty in coverage
that it is very difficult to determine trends in the quality of air. For ex-
ample, sampling stations are generally in downtown areas. The deteri-
oration of air quality away from these regions, where the greatest
amount of industrialization and urbanization has been taking place, is
often not even monitored. Often trend data indicate improvement in
one pollutant, while other pollutants not measured in the same city are
increasing. Clearly, the total level of pollutants in our major urban
areas continues to be above levels at which adverse effects on human
health and destruction of vegetation, buildings, and materials occur.
But improved monitoring systems are necessary to understand the
status and trends in air quality and to develop better control programs.
State and Local Programs
As discussed earlier, until enactment of the Air Quality Act of
1967, air pollution was carried on largely by local agencies. The
expenditures by State government were only $1.1 million in 1961. Even
under the stimulation of Federal grants, State air pollution control
agencies spent only $9.6 million in 1970, compared to $17.2 million for
local air pollution control agencies and about $36 million for State
water pollution agencies.
NAPCA considers inadequate some 28 to 34 State programs for areas
not under the jurisdiction of a local agency. Some 14 to 20 are con-
sidered adequate or progressing rapidly, and only two to four are
-------
2506 LEGAL COMPILATION—GENERAL
considered good. Local and regional programs are doing better, with
44 percent of the agencies spending what NAPCA considers adequate
for a minimal program.
WHAT NEEDS TO BE DONE
The Council on Environmental Quality recommends the following:
1. The President's legislative program should be enacted to deal
more effectively with, stationary sources by setting national air quality
standards and national emission standards on substances harmful to
health, by streamlining enforcement procedures, and by providing
fines of up to $10,000 a day.
2. // the President's legislative program is enacted, the major
Federal efforts on stationary sources should be directed toward the
prompt establishment of national air quality standards covering a
wide range of pollutants, and toward development of emission control
limits for harmful pollutants such as asbestos, beryllium, cadmiwm,
and other toxic materials.
3. Programs must be developed to improve State and local control
agencies. Highest priority should be given to increasing personnel,
monitoring, and other control and enforcement activities. The recently
developed program of assigning Federal personnel to the agencies is a
positive step. But greatly expanded training efforts and higher pay
are necessary to provide the personnel needed for effective air quality
management.
4. Federal research and development on sulfur owides and nitrogen
oxide control technology should be accelerated. Sulfur oxides control
technology for large coal- and oil-fired powerplants should be demon-
strated in actual operation so that the technology can be applied
throughout the industry. Both government and industry share respon-
sibilities for this. Studies of better combustion methods to reduce
oxides of nitrogen are also needed.
5. A more balanced research and development program is necessary
to hasten the development of more efficient energy processes. Although
control technology for sulfur oxides will provide appreciable improve-
ment for several decades, a longrun answer to this type of air pollu-
tion lies in better energy conversion processes which will emit less
pollutants per unit of energy produced. Gasified coal, fluidized bed
combustion, breeder reactors, and nuclear fusion all hold promise. Al-
-------
GUIDELINES AND REPORTS 2507
though research for new nuclear power sources has already received
significant support, greater attention must be given to these other
processes. Even now, the Nation needs to use its fuel resources more
effectively through development of a national energy policy. Such a
policy would guide the use of natural gas, low-sulfur coal and oil, and
other energy resources to assure their availability and minimize air
pollution.
6. Incentives to accelerate industry support for research and to
stimulate corrective actions should be considered. Specifically, incen-
tives might encourage increased research by the electric power indus-
try to develop better control methods and new types of power that
are less polluting. Other incentives could encourage a shift to tech-
niques which would reduce pollution from combustion processes.
7. The President's legislative proposals for regulating fuel and
fuel additives, taxing lead to be used in gasoline, and testing emission
systems on the production line are critical for meeting motor vehicle
emission standards and should l>e enacted.
8. Alternatives available to assure continued control of motor vehi-
cle emissions under actual road conditions should be evaluated. Some
alternatives include warranty of system effectiveness by the manu-
facturer, incentives to States to check vehicle emissions as part of their
automobile inspection procedures, and development of more foolproof
emission control systems as a prerequisite for Federal certification.
9. The development and widespread testing of an inexpensive and
effective emission control system for installation on used cars should
be accelerated. Consideration should be given to requiring its use on
all automobiles or on vehicles in areas with severe pollution problems.
10. The program for development of an unconventional vehicle
propulsion system (e.g., steam, gas turbine, or hybrid) should be ac-
celerated to assure that the technology will be available if conventional
propulsion systems are incapable of meeting increasingly stringent
Federal standards.
11. Increased research should be conducted on the development of
transportation systems that not only move people and goods efficiently
but also help reduce both dependency on the private car and, with it,
air pollution. Although the principal goal of mass transit is more effi-
cient transportation, it is also a method to reduce air pollution. It de-
serves more study as such. Also, more research is necessary on the
placement of roadways and traffic flow patterns as a method of mini-
mizing air pollution.
-------
2508 LEGAL COMPILATION—GENERAL
12. More research should be conducted on the effects of air pollutants
on man. More knowledge is especially necessary about short- and long-
term health impacts of air pollutants. The number of health effect
studies should be increased and a thorough evaluation made of current
epidemiological evidence.
13. Federal, State, and local monitoring programs must be improved
considerably. There is need to develop inexpensive automated instru-
ments to monitor air pollutants. More monitoring stations, especially
in areas of rapid population growth and industrialization, are vital.
And standard methods of measurement need improvement.
14. Land use planning and control should be used by /State, local,
and regional agencies as a method of minimizing air pollution. Large
industries and power generating facilities should be located in places
where their adverse effect on the air is minimal. There is a need for
State or regional agencies to review proposed power plant sites to
assure that a number of environmental values, including air pollution,
are considered.
15. The United /States should work toward cooperative arrange-
ments with other nations in limiting total amounts of air pollutants
emitted into the atmosphere. Air pollution is no longer solely a local,
State, regional, or even national problem. It is ultimately an interna-
tional problem and must be so recognized. As discussed in Chapter V,
the addition of particulates and carbon dioxide in the atmosphere could
have dramatic and long-term effects on world climate. The United
States should take the initiative in forming cooperative arrangements
to control air pollutants that could have widespread effects.
POTENTIAL FOR PROGRESS
During the last 15 years, much data on the health dangers from
air .pollution have been accumulated. During that time, progress in
improving air quality has not kept pace with increased population
and urbanization—except in some cities where efficiency of combus-
tion and changes in fuel use have reduced soot.
The costs and institutional barriers to higher air quality are not as
massive as in water pollution control. Abatement technology can be
installed rapidly when available. Clearly the technological gaps in air
pollution control must be overcome, but once breakthroughs are made,
rapid progress will be possible.
-------
GUIDELINES AND REPORTS 2509
The Council on Environmental Quality believes that a very high
priority should be given to air pollution control. The opportunities for
making significant improvements in the environment, at relatively low
cost, are impressive. Indeed, the benefits which can be derived from
greater control of air pollution far outweigh the costs of the control
measures.
-------
-------
GUIDELINES AND REPORTS 2511
icauon
/ II[an 6 inadvertent I l/loaificati
of (AJeatner ana
MJ
[AN MAY be changing his weather. And if he is, the day may
come when he will either freeze by his own hand or drown.
The delicate balances within the atmosphere and the history of
climatic change in the past suggest that through his inadvertent
actions he may be driving the atmosphere either to a disastrous ice
age—or as bad—to a catastrophic melting of the ice caps. Either may
literally be possible, but it depends on just what he is doing to the
atmosphere. He does not know for sure.
Evidence continues to build that his activities and his growing popu-
lations alter the chemical composition of the earth's atmosphere and
change its heat balance. And in turn these two alterations, in tandem,
change weather and climate. But the processes and outcomes of such
changes are largely unknown.
The science and technology of weather modification are only in their
infancies. But they could grow overnight if man will increase his
efforts to learn what he is inadvertently doing to his own atmosphere.
-------
2512 LEGAL COMPILATION—GENERAL
CLIMATIC CHANGES OF THE PAST
Geological and historical records clearly show that major climatic
fluctuations have taken place down through history. Since the last
advance of the ice sheet in Eurasia about 10,000 years ago, the per-
manent ice cover in the Northern Hemisphere has been limited largely
to the Arctic Ocean, Greenland, and some high latitude islands.
But alternating periods of warming and cooling have occurred
during the last 10,000 years. In the last century, instruments have
been available to keep current records, and they show a pattern of
climatic fluctuations.
Climate is much too complicated to be described by any single pa-
rameter. One useful guide is the average annual temperature at the
earth's surface. Beginning in about 1890, this average temperature
began an irregular climb. By 1940, it was 1.1° F. higher than it had
been during the decade from 1880 to 1890. But in the 30 years from
1940 to 1970, the average temperature has fallen about 0.5° F. Thus,
during the last three decades, one-half of the warming that occurred
during the preceding six decades has been erased.
Associated with rising temperature in the Northern Hemisphere
were movements of the frost and ice boundaries. Simultaneously, pro-
nounced aridity gripped the south central parts of Eurasia and North
America. This led to dust-bowl conditions in some areas and a north-
ward displacement of the polar fronts. The recent lowering of the
temperature has been accompanied by the shifting of frost and ice
boundaries to the south and marked increases in rainfall in parts of
previously arid continental regions. In the last two winters, ice
coverage in the North Atlantic has been among the most extensive in
over 60 years. Because of it, Icelandic fishermen suffered great losses,
and the colder temperatures substantially diminished Iceland's agri-
cultural output. In contrast, the rains in central continental regions,
particularly in India and East Africa, contributed to high wheat
yields. These experiences illustrate dramatically how sensitive the
complex pattern of human activity is to relatively small shifts in cli-
mate. Man's ability to predict such changes is still very limited.
These fluctuations of only a few tenths of a degree observed over
decades are small compared to the climatic variations of the "Little
Ice Age" from 1650 to 1840, the warmer period between A.D. 800 and
A.D. 1000, and the still larger variations of a few degrees associated
with the few earlier ice ages and their retreats.
-------
GUIDELINES AND REPORTS 2513
HOW MAN CAN CHANGE CLIMATE
The key question is: To what extent are climatic fluctuations of the
past years due to natural processes or to man's intervention ?
Man can change the average atmospheric temperature slightly and
thus significantly affect climate in at least seven ways:
• He can increase the carbon dioxide content of the atmosphere
by burning fossil fuels.
• He can decrease atmospheric transparency with aerosols (tiny
solid or liquid particles floating in the air) from industry, auto-
mobiles, and home heating units.
• He can decrease atmospheric transparency by introducing dust
(particles larger than aerosols), primarily through improper
agricultural practices.
• He can alter the thermal properties of the stratosphere (upper
atmosphere) with water from the combustion of jet fuels.
• He can heat the atmosphere by burning fossil and nuclear fuels.
• He can change the ability of the earth's surface to reflect sun
radiation back into space through urbanization, agriculture, de-
forestation, and reservoirs.
• He can alter the rate of transfer of thermal energy and momen-
tum between the oceans and atmosphere by spilling oil on the
water's surface. Such oil films on the ocean come from incom-
plete combustion or spills from sources such as vessels and
drilling towers.
Carbon Dioxide—An Earth Warmer?
The atmosphere's energy, which determines weather and climate, is
derived primarily from visible solar radiation absorbed by the earth's
surface and atmosphere. The absorption of that energy tends to raise
the temperature at the surface. The earth's surface maintains its
thermal balance (keeps from overheating) by radiating energy back
to space at longer wavelengths. Carbon dioxide in the atmosphere ab-
sorbs incoming visible radiation, but in amounts too small to have any
appreciable effect on the radiation reaching the lower atmosphere and
the earth's surface. However, carbon dioxide is virtually opaque to
some long-wave radiation that is emitted by the earth's surface. Thus,
when carbon dioxide concentrations increase, heat loss through radia-
tion from the surface is reduced—the "greenhouse" effect.
-------
2514 LEGAL COMPILATION—GENERAL
Attempts have been made to calculate carbon dioxide effects on the
average surface temperature. One investigator calculated that atmos-
pheric carbon dioxide content increased at a nearly constant rate from
the 19th-century level of about 290 parts per million to 330 in the late
1950's. This increase—about 14 percent—could have caused the tem-
perature rises observed with instruments during the first 40 years of
this century.
Eecent surprising findings indicate that as increasing fossil fuel
consumption raises carbon dioxide output, a lesser percentage of it is
retained by the atmosphere, and a larger portion is absorbed by the
oceans. Scientists from Sweden and the Environmental Science Serv-
ices Administration (ESSA) say that only about half the carbon
dioxide produced by fossil fuels from 1958 to 1960 remained in the
atmosphere. During the last 5 years, less than 40 percent of manmade
carbon dioxide has stayed in the atmosphere. Other calculations also
show that the effect of carbon dioxide on the temperature, as illustrated
in the preceding paragraph, has been overestimated.
A detailed series of observations by Swedish, Scripps Institution of
Oceanography, and ESSA scientists shows that from 1958 to 1970 the
carbon dioxide concentration in the atmosphere increased from 312 to
320 parts per million—an average annual jump of 0.7 parts per million.
This rate, if continued, would double manmade carbon dioxide ac-
cumulations in the atmosphere in about 23 years. Yet the bulk of carbon
dioxide has entered the atmosphere at a time when the earth's surface
temperature was falling rather than rising. Thus, the heating effects
of carbon dioxide are apparently being counteracted by natural fluctua-
tions or by other manmade activities.
Any attempt to extrapolate the future effect of carbon dioxide on
climate must be uncertain because the fraction of carbon dioxide that
will enter the ocean is unknown. If 60 percent of the emissions of
carbon dioxide remains in the atmosphere and there is a 5 percent
yearly growth of fossil fuel consumption, then by 1990 there would be
about 400 parts per million in the atmosphere. If this were not offset by
other activity, then the earth's average surface temperature would
increase by 1.4° F. On the other hand, if 40 percent of the artificially
produced carbon dioxide enters the atmosphere and the present 4 per-
cent growth of fossil fuel consumption continues, then a level of 400
parts per million will not be reached until about the year 2010.
-------
GUIDELINES AND REPORTS 2515
The maximum amount of carbon dioxide that man might introduce
into the atmosphere can be determined by estimating the total
available fossil fuels. One estimate puts the maximum available coal at
about 7.6 thousand billion (7.6 X1012) metric tons. This is about twice
the coal resources established by geological mapping. Estimates of
petroleum resources vary considerably. Some researchers estimate that
approximately 2 thousand billion (2 X1012) barrels of oil are ultimately
recoverable, while others appear to favor the somewhat lower figure of
1.35 thousand billion (1.35X1012). If these fossil fuels were burned,
they would produce about 3.3 million trillion (3.3X1018) grams of
carbon dioxide. If one-half of that carbon dioxide were added to the
atmosphere and there were no compensating effects, then the earth's
average temperature would increase by about 2° to 3° F. Such a rise,
if not counteracted by other effects, could in a period of a few decades,
lead to the start of substantial melting of ice caps and flooding of
coastal regions.
Particle Pollution—An Earth Cooler?
A human activity which may accelerate temperature drops—and thus
help compensate for any carbon dioxide-generated temperature rise—
is the injection of small particles into the atmosphere.
Certain kinds of industrial processes emit cloud condensation nuclei
(small particles around which raindrops can form). This affects the
frequency of fog and low cloud layers. These in turn influence the
radiation that reaches the earth from the sun. Forest fires also produce
cloud condensation nuclei (from dust and ashes) plus large quantities
of heat and water vapor. Large-scale burning of forest refuse and acci-
dental forest fires, which are particularly common in the Western
States (but less prevalent than in the past), might modify climate
and weather over large regions in this way. The net effect depends on
the abundance, size, distribution, and altitude of the particles. Some
investigators estimate that a decrease of atmospheric transparency of
only 3 or 4 percent could lead to temperature reduction of 0.7° F.
Another study shows that the addition of 1 percent in the world's
average low cloud cover lowers temperatures by 1.4° F. This is almost
three times the decrease measured in the last two decades. On the
average, about 31 percent of the earth's surface is blanketed by low
clouds. If this figure were to reach 36 percent, and there is no evidence
-------
2516 LEGAL COMPILATION—GENERAL
at the present time that it will, the temperature would drop about 7° F.
That would bring the earth's temperature very close to that required
for a return of an ice age.
Increases of fog and low clouds when open country is turned into
urban areas are well documented. But it is not known whether there
has been any increase of global cloud cover. With satellites, data are
now obtained fairly routinely of clouds above oceans. But data are
often incomplete because high clouds prevent satellite observation of
lower clouds.
One study, by J. Murray Mitchell, concludes that a major part of
the variation is due to fine-grained particles introduced into the strato-
sphere (upper atmosphere) by volcanic eruptions. Mitchell's calcu-
lations are based on estimates of the total debris associated with
volcanic explosions, an assignment of 1 percent of this total to strato-
spheric dust, and an assumption of a 14-month lifetime for the strato-
spheric dust. All these numbers can be questioned. But if they are
correct, it would appear clear that dust from volcanoes overshadows
that from urban and agricultural pollution.
Thus, there exists no proof that urban, industrial, and agricultural
pollution is the principal cause of the recent cooling trend. But it is
significant that the apparent changes of atmospheric transparency
caused by volcanic dust may be sufficient to bring about cooling of the
earth's atmosphere. If pollution were significantly responsible, then
the world would face an important problem of manmade global
climate modification. Atmospheric pollution has increased markedly,
and at the present time there still are no acceptable means of imped-
ing its growth on a global scale.
Vapor Trails—Do They Change the Weather?
Altering the water content of the high atmosphere can upset the
earth's radiation balance. Water vapor, like carbon dioxide, can ab-
sorb outgoing infrared radiation. In solid form, as ice crystals, it
can also block incoming solar radiation. A rise of the stratospheric
water vapor content from 2 to 6 parts per million would increase the
earth's average surface temperature about 0.9° F. Aircraft add water
from combustion of jet fuel. Before 1958, essentially no jet fuel was
consumed by domestic airlines in the United States. In 1970, jet fuel is
being used by U.S. domestic airlines at a rate of 7 billion gallons
a year. Below the stratosphere, water vapor dilutes quickly. And the
-------
GUIDELINES AND REPORTS 2517
amount added by airliners is small compared with water naturally
present at these altitudes. But above the stratosphere, water vapor
stays, on the average, for about 18 months because it mixes only
slowly with the lower atmosphere. Most commercial jets fly below
the stratosphere. But future supersonic jets will travel in the strato-
sphere at altitudes of 60,000 to 70,000 feet. Assuming that water
vapor stays in the stratosphere for an average of 18 months, 500 super-
sonic transports operating 7 hours per day could increase the water
vapor content of the stratosphere over a hemisphere by 0.2 parts per
million if it were uniformly distributed.
These changes appear small. But they augment natural fluctuations.
For reasons not yet understood, the water vapor content of the strato-
sphere rose from 2 parts per million in 1964 to about 3 parts per
million in early 1970. Artificially produced water vapor can accelerate
that natural growth trend. Further study is necessary to better deter-
mine the effects of supersonic jet transports in the stratosphere before
they are mass produced.
There is also evidence that jets contribute to high clouds. Observa-
tions at Denver indicate that from 1950 to 1958, on the average about
8% of the sky was covered by high clouds when there were no lower
cloud layers. From 1965 to 1969, about twice that portion of the sky
was covered by high clouds. Similar observations have been recorded
at Salt Lake City. Both cities are on heavily traveled air routes al-
though there may be other contributing factors. The long-term
climatic consequences of such high cloud cover increases are still
unknown.
Man and the Thermal Budget
The mean annual difference between solar radiation absorbed by the
earth and long-wave radiation reflected from earth into space is about
68 watts per square meter. Most of this net energy surplus is used
for the evaporation of water, heating of the atmosphere, and other
meteorological processes. A tiny part, less than 1 percent, is used in
the photosynthesis of green plants. It is thus turned into a relatively
stable form of chemical energy.
Man's activities add slightly to the earth's "thermal budget." Heat
generated by industrial, residential, and automotive sources supple-
ment solar radiation. Averaged over the earth's surface, at present
man is producing only little more than one ten-thousandth of the net
-------
2518 LEGAL COMPILATION—GENERAL
radiation gain of the atmosphere. This is much too little to influence
climate on a large scale, but it certainly alters local climate of cities.
And in the future, man's energy input into the atmosphere could
increase to major importance.
Energy Output—Disappearing Ice Cap?
In a primitive society, energy utilization consists mostly of the food
consumed by the individual. This corresponds to a power output of
about 100 thermal watts per person. The world average—including
primitive and technologically advanced regions—is somewhat more
than 1000 thermal watts per person. In the highly industrialized
United States, energy consumption is equivalent to 10,000 watts for
each individual. If world population grows to 5 billion and if the
worldwide average of energy use increases to 10,000 watts per person,
manmade energy input into the atmosphere would reach almost one-
hundredth that of the natural net radiation balance over land areas.
If energy consumption continues to increase at the present rate of
4 percent per year, then in 200 years artificial energy input into the
atmosphere would equal one-third of the natural radiation balance.
This level would be reached in only 100 years with a 10 percent yearly
increase. These numbers are highly significant because an increase
of a few tenths of 1 percent in the radiation balance, if long sustained,
would cause polar ice to disappear completely unless other natural
or manmade changes compensated for the energy gain.
The combined effect of carbon dioxide pollution and heat pollution
is strongly in the direction of warming the earth's atmosphere. Particle
pollution tends to lower the earth's temperature. Which pollution effect
will ultimately dominate? Will we indeed drown or will we freeze?
Despite firm predictions by some ecologists, we do not know the an-
swers. Careful monitoring and extended research are required if we
are to manage our global climate wisely. These questions may become
critical in the future.
Raising the Albedo
Kesearchers have calculated that a unit increase in the earth's albedo
(reflective surface characteristics) will cause a decrease in average
surface temperature of 1.8° F. Thus, manmade changes of the albedo
at the earth's surface, if large enough, can cause substantial changes
in climatic conditions. Densely builtup regions have a higher albedo
-------
GUIDELINES AND REPORTS 2519
than forests and cultivated soils. Deserts, some of which may stem from
man's activities, have a much higher albedo than grass-covered fields.
Proliferation of urban areas and highway systems may increase the
earth's average surface albedo. The net effect of the change on climate
is not understood because changes in albedo are usually accompanied
by alterations in the surface roughness of the earth. These alterations
affect the rate at which the surface can exchange heat and momentum
with the atmosphere by winds and other turbulent processes. These
changes can also affect weather and climate.
Oil on the Water
Effects of oil films on the ocean surface are still poorly understood.
With their vast stores of thermal energy, the oceans act as balance
wheels to climate. The atmosphere exchanges energy with the ocean
through radiation and mechanical processes. The strength of the me-
chanical interaction associated with air moving over a wave-roughened
surface depends on the surface roughness of the water and the velocity
and regularity of the wind. Very thin oil films can alter this inter-
change by reducing turbulence, evaporation, and the radiation emis-
sion of the surface.
But it is still unknown if oil pollution contributes significantly to
climatic change.
The City—A Thermal Mountain
It has long been known that the climate of cities, which represent
the most concentrated form of environmental modification by man,
differs appreciably from the climate of adjacent rural areas. There is
a growing body of literature showing that industrial activities are
modifying atmospheric properties and in some cases may profoundly
change the weather.
Cities on the average have a temperature 0.9° to 1.4° F. higher than
the surrounding countryside. The effect is even more marked in the
winter when the minimum temperature may be 2° to 3° F. higher
than that of the surrounding areas. In addition to the difference in
temperature, cities are frequently covered with clouds, and the fre-
quency of fog in wintertime can be twice that of the suburbs. Accom-
panying the increased frequency of cloud cover is a higher total pre-
cipitation. Table 1 summarizes the climatic changes produced by cities.
-------
2520 LEGAL COMPILATION—GENERAL
TABLE 1.—Climatic Changes Produced 6j/ Cities
Parameter .
„ , City as compared with rural
Temperature: surroundings
Annual mean 0.9° to 1.4° F. higher.
Winter minimum 2° to 3° F. higher.
Cloudiness:
Clouds 5 to 10 percent more.
Fog, winter 100 percent more.
Fog, summer 30 percent more.
Dust particles 10 times more.
Wind speed:
Annual mean 20 to 30 percent lower.
Extreme gusts 10 to 20 percent lower.
Precipitation 5 to 10 percent more.
Several factors make the city warmer than the country. Direct
energy input from home heating units, industry, and air conditioning
helps raise the annual mean temperature and minimum winter tem-
perature. Buildings naturally shelter the city so that wind speeds
are lower, and the turbulent transfer of energy from the city to mov-
ing weather systems may decline. The increased cloudiness over cities,
together with the effect of buildings and pavements on the amount
of solar heat retained, further accentuates the direct input into the
atmosphere.
The increased rain and snowfall in cities are probably also caused
by a variety of factors. The heat of the city in effect causes a "thermal
mountain" in which the surrounding air is pushed up vertically over
the city to colder levels, aiding the precipitation process. In addition,
industry, home heating units, and automobiles all produce parti^-^te
materials. These small particles act as nuclei around which water
vapor condenses to form drops. Or if the temperatures are cold
enough, certain particles can act as nuclei for ice crystals. R. H. Fred-
erick of ESSA supports the theory that particle pollution plays a
role in precipitation. He decribes a systematic tendency for cold season
precipitation at 22 urban Weather Bureau stations in the eastern
United States to average several percent greater on weekdays than
on weekends. If substantiated in further studies on other urban areas,
this finding goes far in explaining the differences in rainfall between
the cities and the country.
The most dramatic cases of the relation of industrial pollution and
weather are found in regions where the pollutants are concentrated in
valleys. The emission of water vapor condensation nuclei from the
stack of a single wood pulp mill in Pennsylvania causes fog forma-
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GUIDELINES AND REPORTS 2521
tion which sometimes fills a valley several miles wide and 20 miles
long and spills into adjacent valleys. Peter Hobbs at the University
of Washington has shown that certain Washington State pulp and
paper mills are prolific sources of cloud condensation nuclei and that
clouds often form downwind of the mills. Hobbs argues that regions
of abundant artificial condensation nuclei show an annual precipita-
tion in the last 20 years 30 percent greater than the previous 30 years,
although part of this increase is probably due to a natural change in
climate. Furthermore, University of Washington researchers have
found ice nuclei more abundant by as much as an order of magnitude
over urban Seattle than over stations removed from industrial activity.
These observations, taken along with those of Frederick, clearly show
the potential influence of man-introduced particulate matter on the
weather in industrial regions.
CONCLUSIONS
Examination of how man can change climate on a large scale leads
to these conclusions:
• The chemical composition of the earth's atmosphere has been
altered by man in a measurable way. Some of these changes,
which have been mostly inadvertent, have only recently been
recognized.
• The magnitude of these atmospheric changes is enough to alter
the earth's surface temperature slightly. Carbon dioxide added
to the atmosphere from burning fuels is sufficient to lift the
average temperature by several tenths of a degree Fahrenheit.
Other factors, however, have caused world temperature to drop
slightly in the last 30 years.
• These changes in the atmosphere cannot be regarded as local.
Heat input escaping from a city into the atmosphere changes
the climate of that city. The combined effects of many cities
may eventually alter regional and global climates.
• Enough is known about the physical environment to establish
the fact that inadvertent modification is occurring. But not
enough is yet known to predict all the consequences of atmos-
pheric changes confidently.
• Despite its importance, research on inadvertent climate modifi-
cation has been neglected. Only about 1 percent of Federal
Government research monies for weather modification go to
programs investigating man's inadvertent modification.
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2522 LEGAL COMPILATION—GENERAL
WHAT NEEDS TO BE DONE
The following suggestions should be considered for dealing with
long-term problems of climate alteration:
1. Worldwide recognition should be given to the long-term, signif-
icance of manmade atmospheric alterations.
2. 'Worldwide ground monitoring of turbidity, carbon dioande con-
tent, and water vapor distribution in the atmosphere should be done
with particular attention to oceanic areas. Ground-based observations
should be supplemented by airborne monitoring of the number, den-
sity, size, and composition of particulate matter in the atmosphere.
Such programs are an essential first step to establish pollution
baselines.
3. Satellite monitoring of global cloud cover, atmospheric heat
balance, and surface albedo should be accelerated. Particular attention
should center on effects of altering the thermal balance through
changes in albedo, carbon dioxide, and particulate matter.
4. Research on models of the thermal and dynamical processes
within the atmosphere and the boundary between the atmosphere and
the solid earth and oceans need emphasis.
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GUIDELINES AND REPORTS 2523
VI
Solid Waites
JOLID WASTES etch a trail of visible blight that leaves few
corners of the country unspotted. Across the Nation the
same scenes repeat—refuse in the streets, litter on beaches and along
roadsides, abandoned autos on isolated curbsides and in weeded vacant
lots, rusty refrigerators and stoves in backyards, thousands of dumps
scarring the landscape. And the less visible aspects of the problem—
solid wastes in the ocean, contamination of ground water, and wasted
resources—are just as critical. America's well-known penchant for
convenience has come face-to-face with major environmental problems.
Proper management of solid wastes is a key to upgrading environ-
mental quality. Stricter enforcement of air quality standards has
focused attention on burning dumps and inefficient incinerators, many
of them operated by municipal governments. Water quality research
is beginning to probe the effects of dumps and landfills on the purity of
ground water.
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2524 LEGAL COMPILATION—GENERAL
Public appreciation of the magnitude of the economic and social
costs of solid waste is building and a concept of solid waste manage-
ment is evolving. It assumes that man can devise a social-technological
system that will wisely control the quantity and characteristics of
wastes, efficiently collect those that must be removed, creatively recycle
those that can be reused, and properly dispose of those that have no
further use.
The growing technology and affluence of American society have laid
a heavy burden on solid waste facilities. Refuse collected in urban areas
of the Nation has increased from 2.75 pounds per person per day in
1920 to 5 pounds in 1970. It is expected to reach 8 pounds by 1980. This
spiraling volume of solid waste has a changing character. The trend
toward packaged goods in disposable containers has put more paper,
plastics, glass, and metals instead of organic matter into the refuse.
And technology of solid waste collection and disposal has not kept pace
with this change.
There has been little attempt to tie the production of consumer goods
together with the disposability of those parts that end as waste. Dis-
posal costs are not included in the price paid by the consumer; rather
they are borne by society in general. With few exceptions manufac-
turers do not accept responsibility for the costs of getting rid of
products that have been sold and served their purpose.
Solid waste collection in most municipalities is inadequate and anti-
quated, partly because over the years it has endured more than its
share of public neglect. Refuse collection jobs are low status and low
paying, and injury statistics show that only logging is a more hazard-
ous occupation. Sanitation workers have been striking with increasing
frequency, and heaps of reeking wastes have been left for days on
curbsides in our largest cities. This has dramatized the human factors
in the business of refuse collection. It has pointed up the close cor-
relation between the working conditions of trash collectors and the
public health menace of inadequate collection and disposal.
Disposal facilities are equally inadequate and antiquated. The Bu-
reau of Solid Waste Management of the Department of Health, Edu-
cation, and Welfare estimates that 94 percent of existing land disposal
operations and 75 percent of incinerator facilities are substandard.
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GUIDELINES AND REPORTS 2525
WHAT MAKES SOLID WASTES
The total solid wastes produced in the United States in 1969 reached
4.3 billion tons as shown in the following table:
Million tons
Residential, Commercial and Institutional wastes 250
Collected (190)
Uncollected (60)
Industrial wastes 110
Mineral wastes 1, 700
Agricultural wastes 2,280
Total 4, 340
Sources : Bureau of Solid Waste Management, Department of Health, Education, and
Welfare; Division of Solid Wastes, Bureau of Mines, Department of the Interior.
Most of it originated from agriculture and livestock. Other large
amounts arose from mining and industrial processes. A little under
6 percent, or 250 million tons, was classified as residential, commer-
cial, and institutional solid wastes. And only three-fourths of this
was collected.
Although wastes from homes, businesses, and institutions make
up a small part of the total load of solid waste produced, they
are the most offensive and the most dangerous to health when they
accumulate near where people live. Agricultural and mineral wastes,
although much greater in volume, are generally spread more widely
over the land. They are more isolated from population concentrations
and may not require special collection and disposal. Nevertheless, as
more is learned about the effects of agricultural and mineral wastes on
the quality of air, water, and esthetics, steps to curb their production
and facilitate disposal seem likely.
The largest single source of solid wastes in this country is agricul-
ture. It accounts for over half the total. The more than 2 billion tons
of agricultural wmtes produced each year includes animal and slaugh-
terhouse wastes, useless residues from crop harvesting, vineyard and
orchard prunings, and greenhouse wastes.
Herds of cattle and other animals, once left to graze over large open
meadows, are now often confined to feedlots where they fatten more
rapidly for market. On these feedlots, they generate enormous and
concentrated quantities of manure that cannot readily and safely be
-------
2526 LEGAL COMPILATION—GENERAL
assimilated by the soil. Manure permeates the earth and invades water-
bodies, contributing to fish kills, eutrophied lakes, off-flavored drink-
ing waters, and contaminated aquifers. Feedlots intensify odors, dusts,
and the wholesale production of flies and other noxious insects. Ani-
mal waste disposal is a growing problem because the demand for ani-
mal manure as a soil conditioner is declining. Easier handling, among
other advantages, favors chemical fertilizers.
About 110 million tons of industrial solid wastes (excluding min-
eral solid wastes) are generated every year. More than 15 million tons
of it are scrap metal, and 30 million tons are paper and paper product
wastes; a miscellaneous bag of slags, waste plastics, bales of rags, and
drums of assorted products discarded for various reasons make up the
rest. The electric utility industry produced over 30 million tons of fly
ash in 1969 from burning bituminous coal and lignite. By 1980, the
figure could rise to 40 million tons. Currently, only about 20 percent
of ash material finds any use.
In the past year, 1,700 million tons of mineral solid wastes, com-
prising 39 percent of total solid wastes, were generated in the United
States—most of it from the mineral and fossil fuel mining, milling,
and processing industries. Slag heaps, culm piles, and mill tailings
accumulate near extraction or processing operations. Eighty mineral
industries generate solid waste, but only eight of them are responsible
for 80 percent of the total. Copper contributes the largest waste ton-
nage, followed by iron and steel, bituminous coal, phosphate rock,
lead, zinc, alumina, and anthracite. By 1980, the Nation's mineral
industries will be generating at least 2 billion tons of waste every year.
In 1969, Americans threw away more than 250 million tons of resi-
dential, commercial, and institutional solid wastes. Approximately 190
million tons were collected by public agencies and private refuse firms.
The remainder was abandoned, dumped, disposed of at the point of
origin, or hauled away by the producer to a disposal site. About $3.5
billion was spent last year handling the 190 million tons of collected
solid wastes—an average of $18 per ton. Collection accounts for 80
percent of the cost ($14 per ton), disposal for the rest. A considerably
higher rate of spending would be needed to upgrade existing systems
to acceptable levels of operation.
The solid waste collected annually includes 30 million tons of paper
and paper products; 4 million tons of plastics; 100 million tires; 30
billion bottles; 60 billion cans; millions of tons of demolition debris,
grass and tree trimmings, food wastes, and sewage sludge; and mil-
lions of discarded automobiles and major appliances.
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GUIDELINES AND REPORTS 2527
COLLECTION AND DISPOSAL
Residential, commercial, institutional, and industrial solid wastes
are the clearest threats to health and to the environment. So they are
the chief target of the waste disposal strategy. Most such waste comes
from the urban areas and requires quick removal. It is increasing at
a rate of about 4 percent a year.
Three facets of the production and discard of these growing moun-
tains of solid waste materials need examination: solid waste handling,
natural resource depletion, and litter and abandonment. Collection
and disposal costs continue to spiral. This is partly because of wage
hikes—to bring the pay of sanitation workers more into line with other
occupations. But even more, it is to pay for new collection equip-
ment and landfill and dumping sites and, in some communities, to
amortize incineration equipment. Researchers are beginning to
examine what is entering the solid waste stream. Ultimately they hope
to reduce unnecessary discard or even to restrict the manufacture of
some items.
Natural resource management requires that minerals in shortest
supply be identified and efforts made to cut the quantity discarded and
to recycle whatever is collected. Some key minerals are already re-
cycled to a considerable extent. More lead is pulled from scrap than
from mined ores, and nearly half of the copper used today comes from
scrap. However, for many natural resources, substantial Federal in-
come tax incentives and other laws and policies encourage use of the
virgin material instead and undercut the competitive position of
recycled materials.
The litter problem—tires, bottles, cans, plastics, and paper thrown
away randomly instead of into waste containers—adds daily to col-
lection costs and blight. Many of the nation's roads, beaches, rivers,
parks, and other public areas are cluttered with the refuse of thought-
less citizens. Litter collection costs average $88 per ton, more than
four times as much as collecting residential refuse.
Collection Methods
Refuse collection methods in most of the United States do not differ
substantially from what they were when workers picked up the trash
in horse-drawn wagons before the turn of the century. This lack of
technological advance is particularly burdensome because up to 80 per-
cent of the funds spent on solid waste management goes into collecting
the waste and hauling it to a processing plant or a dump.
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2528 LEGAL COMPILATION—GENERAL
The one significant advance has been the compactor truck. These
closed-body vehicles now make up a large part of the 150,000 refuse
collection trucks in the United States. With hydraulic presses, they
compress waste, usually at a 3-to-l ratio, thus saving vehicle space
and cutting the number of trips necessary to cover collection routes.
However, the compactor has disadvantages. Because refuse of different
types is mixed and crushed, recyclables are lost or contaminated by
unusable waste. It is also hazardous to operators.
Efforts are underway to modernize trash collection. Under one
Federal grant, researchers at The Johns Hopkins University are study-
ing the practicability of transfer points in waste collection systems
serving large cities. Under another, the University of Pennsylvania
is studying the possibility of pipelines for collecting and removing
domestic solid wastes. The pipeline method may be technologically
feasible and economically attractive. But these are just beginnings.
More research is mandatory.
Disposal Techniques
The final disposal point for an estimated 77 percent of all collected
solid wastes is 14,000 open dumps in the country. Thirteen percent is
deposited into properly operated sanitary landfills, where wastes are
adequately covered each day with earth of the proper type. Nearly all
of the remaining 10 percent is burned. Incinerators are used primarily
in large cities, where the volume of refuse and the high cost of land
make incineration an attractive disposal method. Small quantities of
solid wastes are turned into nutrient-rich soil conditioners by compost-
ing operations. And a small but troublesome percentage is dumped
at sea.
Land disposal of solid wastes can range from the most offensive fly-
and rat-infested open dump to technically advanced practices that end
in the creation of parklands, golf courses, outdoor theaters, and other
public facilities. Disposal sites in or near urban areas can be reclaimed
for use as attractive open space if proper sanitary landfill practices
are employed.
Imaginative thinking in land disposal practices is not widespread.
Collected refuse is dumped in whatever area is available, with little or
no provision for soil cover. Often city fathers blame spontaneous com-
bustion for fires at these dumps. But in at least some cases, local
sanitation officials set fire to wastes to reduce their volume because
dumps are overloaded. Burning at open dumps remains a major cause
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GUIDELINES AND REPORTS
2529
Disposal of Residential, Commercial, and
Institutional Solid Wastes, 1969
Million tons, estimated
Other(4)
(salvaged from collected materials;
composted; dumped at sea)'
Incinerators
Total —250 million tons
Source: Bureau of Solid Waste Management, HEW.
of air pollution in some cities. Improper landfill techniques can spawn
large quantities of methane gas and breed armies of rats, flies, and
other pests. Disposal sites often mar wetlands and scenic areas. Some
are uneconomical because of their distance from the city. In California,
filling canyons and other natural areas has been censored by conserva-
tion groups.
Improved equipment for landfilling is being developed. For example,
with a grant from the Bureau of Solid Waste Management, King
County (Seattle), Wash., is constructing a machine called the "Mole,"
which will compact refuse at high pressure and dispose of it below
ground level. Under another grant, a landfill operation near Virginia
Beach, Va., will be turned into a huge rnanmade hill for an amphi-
theater. A similar site near Chicago will be developed for tobogganing
and skiing.
The city of Madison, Wis., has a grant to build and operate a
hammer reduction mill to test the economic feasibility of salvaging
paper and metals. Preliminary investigations of salvage possibilities
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2530 LEGAL COMPILATION—GENERAL
are inconclusive, but disposal aspects of the mill look promising. It
may be possible, for example, that milled refuse may safely be
deposited in a landfill without earth cover.
Strip mining for coal has scarred some landscapes in the United
States and left them denuded of vegetation and open to erosion. Sev-
eral years ago rail haul of solid wastes was proposed as a solution to
two environmental problems—unsightly abandoned strip mines and
the shortage of disposal sites near large eastern cities. The plan in-
volved using railroad dump cars which usually return from cities to
mining sites empty. Many factors, including outlying community
resistance to taking in other people's refuse have limited that idea. But
disposal costs in large cities have shot up so sharply that the concept
is being reconsidered. A Federal grant has been awarded to the Amer-
ican Public Works Association to investigate hauling refuse by rail
from large urban areas to remote, mined areas for landfilling.
Nearly 10 percent of domestic solid wastes is processed through
incineration; 300 municipal incinerators account for about half the
tonnage burned; the rest is consumed in thousands of small, privately
owned trash burners. After incineration, about 25 percent of the waste
by weight remains—as ashes, glass, metals, and unburned combustibles.
These then must be removed and recycled, or disposed of in some way.
Since municipal incineration is often cited as a polluter of air, re-
search is underway to improve incinerator technology. A German
process involves a mechanically stoked rotary drum incinerator de-
signed for small communities. West Virginia University is studying
u fluidized-bed incinerator fueled by mixtures of domestic and indus-
trial solid wastes.
One of the most promising engineering concepts in solid waste man-
agement is the CPU-400, now under development by the Combustion
Power Co. of Palo Alto, Calif. The CPU-400 is a fluidized-bed in-
cinerator, which burns Solid waste at high pressure, which produces
hot gases, which power a turbine, which in turn drives an electric
generator. Municipal solid wastes constitute a better fuel than might
have been expected. They have a heating value of 5,000 British thermal
units per pound—about one-third that of a good grade of coal. Munici-
pal wastes are also low in sulfur, a major air pollution source. As
designed, the CPU-400 should produce approximately 15,000 kilo-
watts of electric power daily, while burning 400 tons of municipal
refuse. The generator unit should supply 10 percent of the electric
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GUIDELINES AND REPORTS 2531
power requirements of the community providing the refuse. Up to
three-fourths of the heat in the gas turbine cycle is available for
auxiliary functions such as steam production, sewage sludge drying,
or perhaps saline water conversion. The CPTJ-400 concept also en-
visions using the vacuum produced by the gas turbine to draw refuse
to the incinerator from collection points in the city—through pipes
buried in the streets.
The Bureau of Mines of the Department of the Interior is applying
the process of carbonization (destructive distillation) to the disposal
of industrial wastes and urban refuse. This process involves the
thermal conversion of materials into usable forms of solid, liquid, and
gaseous products.
An insignificant amount of collected solid wastes in the United
States is composted. Metals, glass, and similar inorganics are sorted
from mixed refuse, and the remainder is converted to a peat-like
organic fertilizer and soil conditioner. This process is widely used in
Europe. Madrid composts 200 tons daily and Moscow is opening a new
600-ton-per-day facility. Composting has never been popular in the
United States for several reasons. Compared to many Western Euro-
pean nations, land available for disposal sites in the United States is
inexpensive. The compost product has not always been of uniform
quality here; nor has it competed with commercial soil conditioners.
Also, the composition of refuse in the United States makes it more
difficult to compost, since its organic content is low. Finally, compost-
ing was first sold to American cities as a profitmaking venture. When
it did not pay off, many cities considered the enterprise a failure. The
Bureau of Solid Waste Management, jointly with the Tennessee Val-
ley Authority, is operating an experimental composting plant in
Johnson City, Tenn. But the results have not been encouraging. In
recent years almost all composting plants in this country have shut
down.
Some coastal cities and industries are turning to ocean disposal
to get rid of solid waste. Lack of suitable land disposal sites and stricter
air pollution standards for incinerators make ocean dumping look
attractive. In his April 15 Message on Waste Disposal, the President
directed the Council on Environmental Quality to report to him by
September 1, 1970, on environmental problems associated with ocean
dumping.
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2532 LEGAL COMPILATION—GENERAL
RECYCLING AND REUSE
In his February 10 Message on the Environment, the President an-
nounced the Federal Government's goal to reduce solid waste volume
and encourage reuse and recycling. Eecycling waste materials into
the economy has not been widely applied in the United States. Eco-
nomic considerations and the abundance of virgin resources have
forestalled the development of recycling technology and markets. Pri-
mary materials producers, often with the help of tax concessions, have
developed remarkably efficient technologies for removing metals and
other substances from their virgin state. But meanwhile, techniques for
separating and recovering waste materials remain primitive and
expensive.
There are many aspects to recycling. The characteristics and the
volume of the products which enter the market and eventually end
up as solid wastes are one. Identification of characteristics and items
most troublesome to solid waste management is another. And decisions
on how to control their presence in refuse are still another. Some
items can be returned by consumers for reuse. Others may be sorted
by householders for separate collection. Or the most economical solu-
tion may be to salvage from mixed collection wastes.
Sorting Mixed Refuse
Much more work is needed to develop an effective way to salvage the
valuable elements of collected mixed refuse. It is difficult and costly.
And the instability of salvage markets has only added to the problem.
The Stanford Research Institute in Menlo Park, Calif., has constructed
a pilot scale unit in which a vertical stream of air separates mixed
waste materials. After technical difficulties are overcome, this air
classification process may prove an economic alternative to hand
separation.
At College Park, Md., the Bureau of Mines has constructed an ad-
vanced reclamation system with mechanical separators which sort
metals and glass from incinerator residues. Recent technological ad-
vances there have produced a highly sophisticated process which sorts
glass by color and isolates several exotic metals. It adds $3 per ton
to normal collection and disposal costs, not considering any income
from the sale of salvaged materials. The Bureau is now developing
data for the design of commercial plants based on this process.
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GUIDELINES AND REPORTS 2533
Auto Disposal
A number of specific components in solid wastes present particular
problems and require special mention. Abandoned autos are one of the
most conspicuous solid waste disposal problems. On the average, 9
million autos are retired from service every year. Although statistics
on the annual number of abandoned vehicles are subject to dispute,
it is thought that approximately 15 percent are abandoned on city
streets, in back alleys, along rural roads, and in vacant lots throughout
the Nation. Most autos are abandoned because they are no longer
serviceable and have little or no parts value to auto wreckers. The
total number of abandoned cars in the country is even harder to ascer-
tain, but has been estimated between 2.5 and 4.5 million.
The 85 percent of autos that are properly turned in by their owners
enter a complex recycling system, usually beginning with the auto
wrecker, whose chief business is selling the parts that can be removed.
Some wreckers claim to obtain 97 percent of their sales revenues from
parts. The high value of junk cars for parts and their often negligible
value for scrap means that wreckers have little incentive to move
their inventories to scrap processors. Except when there is demand for
scrap, the junk cars just pile up.
Auto wreckers eventually, however, have to move the hulks to scrap
processors. Most processors, using powerful hydraulic presses, reduce
the cars to small bales containing high percentages of nonf errous mate-
rials—copper, upholstery, chrome, plastic, and glass. The bales are
then sold to steel mills, which turn them into products which do not
require high quality steel, or pass them on to mills which have suf-
ficient capacity to dilute their contaminants. A growing number of
processors produce a higher priced scrap through mechanical shred-
ding and electromagnetic separation. Costs for shredding equipment,
however, have limited the widespread use of this process, particularly
by small scrap processors.
Steel mills and foundries are major users of ferrous scrap. In 1969,
50 percent of the material used for the production of all steel products
was scrap. Six percent of that scrap was from junk autos. But changes
in steel production techniques make it difficult to predict future scrap
needs. Basic oxygen furnaces and electrical induction furnaces are
partially replacing the open hearth furnace. The first requires less
scrap, but the second uses more. It is even more difficult to predict
-------
2534 LEGAL COMPILATION—GENERAL
export scrap demand and the effects of new fabricating and casting
processes on the scrap market.
In his February 10 Message on the Environment, the President asked
the Council on Environmental Quality to take the lead in recommend-
ing a bounty payment or some other system to promote the prompt
scrapping of all junk automobiles. The Council has reviewed the
range of alternatives leading to a Federal or State bounty system and
concluded that under present conditions it is not practicable.
Most of the systems considered by the Council would be funded by
a tax on the sale of all automobiles sold in the future or the collection
of a fee from all present owners and future buyers. The bounty pay-
ment would be made to the scrap processor, the auto wrecker, or the
owner of the car being junked. All of these proposals would put an
unfair burden on the owners of the 85 percent of autos that are
properly turned over to auto wreckers, in order to take care of the
remainder which are not. Furthermore, the Council is not persuaded
that the demand for auto scrap would be improved by such a system,
nor that it would in fact influence the economics affecting abandon-
ment. The resulting fund of payments would divert billions of dollars
from other investments in the private economy. Administration and
enforcement of the system would require excessive increases in govern-
ment personnel and expenditures. The Council also determined that
firm penalties against abandonment and improvement of State title
and transfer laws alone, particularly for cars of low value, might
substantially reduce abandonment and put abandoned vehicles more
promptly into the scrapping cycle. Such laws should be strengthened.
Any attempt to solve the problem of abandoned cars, however, must
consider the problems of fluctuating scrap demand, steel production
technology, transportation rates for scrap, export scrap markets, avail-
ability of shredding equipment, and characteristics of the auto parts
market. Otherwise, assuming abandonment could be reversed, hulks
would only continue to pile up in junk yards. The Council will con-
tinue its study of these broader problems, looking toward a solution
that will involve the entire auto scrapping system.
Other Items
In 1969, 43.8 billion beverage containers for beer and soft drinks
were made in the United States. If the trend to throw-away containers
continues, by 1980,100 billion of these bottles and cans will be produced
-------
GUIDELINES AND REPORTS 2535
and discarded every year. Beverage containers already comprise 3.9
percent of all collected refuse, and the number is growing at a rate of
nearly 7.5 percent per year—compared to 4 percent for all refuse.
Bottles and cans constitute a major part of what is left in incinerators
after burning. They must be hauled to land disposal sites. Each year an
estimated 1 to 2 billion glass and metal beverage containers end up as
litter on highways, beaches, parks, and other public areas. Severe
penalties for littering have not worked in the face of the rising sales
of the throw-away bottle and can, and strict enforcement of these laws
has been difficult.
Paper constitutes almost 60 percent of roadside litter and is dif-
ficult to collect. Last year, 58.3 million tons of paper were consumed in
the United States. Nineteen percent of this was recycled. Fifteen per-
cent was temporarily retained or lost its identity in manufacturing
processes. The remaining two-thirds—or 40 million tons—was dis-
carded as residential, commercial, institutional, and industrial solid
wastes. Typically, paper comprising 40 to 50 percent of mixed refuse
is disposed of at an annual cost of over $900 million. Paper produc-
tion is a multiple polluter. It crops up as a factor in timber wastes, in
air and water pollution, and in the removal of organic materials from
soils in managed forests. Much of the discarded paper consists of
technically reusable fiber. Although the United States recycles only
19 percent of its paper, Japan reclaims and reprocesses nearly half of
the paper its people use.
Plastics comprise an increasingly worrisome element in solid wastes.
They are virtually indestructible, do not degrade naturally, and resist
the compression plates of compactor trucks. In incinerators most plas-
tics tend to melt rather than burn and to foul the grates. One range of
plastics, polyvinyl chloride (PVC), is a new arrival in the packag-
ing market. When burned, it produces hydrochloric acid. Although not
yet widely used in the United States, in Germany it has already been
blamed for increased air pollution, damage to incinerator stacks, and—
in rare cases—destruction of nearby flora.
Another potential problem arises from disposing of pesticides. As
stronger legislation and regulation of these agents take effect, the
proper disposal of undesirable or condemned commodities becomes
important. Even the containers used to market pesticides may retain
considerable toxicity after discard. Although there have as yet been no
serious cases, concentration of these agents in sanitary landfills and
open dumps could contaminate ground water and imperil public
health.
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2536 LEGAL COMPILATION—GENERAL
Rubber tires are just as difficult to get rid of. Burning them pollutes
the air. In sanitary landfills, they defy compaction and tend to gravi-
tate to the surface. Changing technology has lessened the use of old
rubber in the manufacture of new rubber products; thus most old tires
are not recycled.
The Fish and Wildlife Service and the Bureau of Solid Waste Man-
agement are investigating the use of old tires as reefs and fish havens
along the Atlantic coast of the United States. The ocean bottom is
sandy and relatively flat for great distances. And artificial reefs con-
structed of tires may promote an increase in desirable species since
many game fish require relief features such as reefs for protection
and spawning grounds. If this concept proves practical, very large
numbers of old tires could be turned into an important ecological side
benefit.
THE FEDERAL ROLE
Local governments have traditionally shouldered primary respon-
sibility for solid waste collection, processing, and disposal. Not until
1965, with passage of the Solid Waste Disposal Act (Public Law 89-
272), did the Federal Government assume a major role. Under the
act, the Federal Government is responsible for research, training,
demonstrations of new technology, technical assistance, and grants
for State and interstate solid waste planning programs. The legisla-
tion focuses attention on studies to conserve natural resources by re-
ducing waste and unsalvageable materials and by solid waste recovery.
Under the act, the Department of the Interior, through the Bureau of
Mines, received expanded authority to examine problems of mineral,
metal, and fossil fuel wastes. The Department of Health, Education,
and Welfare, through the Bureau of Solid Waste Management, ad-
ministers the Federal program for solid wastes from all other sources.
Research and Development
The Bureau of Solid Waste Management and the Bureau of Mines
have been instrumental in developing several of the technological
innovations so far. Local governments have only limited funds, and
municipal officials are timorous about interfering with refuse collec-
tion routines for fear of upsetting labor relations and public relations.
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GUIDELINES AND REPORTS 2537
Consequently, local innovation has been minimal. Even when the
evidence is clear that new methods result in improvements, jealousies
and fear of adverse employee relations sometimes prevent implementa-
tion. Most State governments have also avoided heavy research and
experimental program funding in solid waste management. This em-
phasizes the need to design Federal research and development pro-
grams to assure that once the value of an innovation is evident, it is
quickly incorporated into as many systems as possible.
Recycling
The role of government in recycling solid wastes has many uniquely
Federal facets. Successful return of waste to some point in the produc-
tion process is closely tied to the volume and characteristics of manu-
factured goods. Except for a few large States and a few specific
products, it is difficult for State governments to influence these factors
significantly. It is virtually impossible for local governments to do so.
The Federal Government is heavily committed to the emerging
technology of salvage and recycling. When salvage is technically
feasible but economically unprofitable, the Federal Government should
evaluate the use of incentives to encourage recycling rather than
production from virgin resources. Federal research into mixed refuse
sorting and salvage has advanced, and some innovations are nearly
ready for widespread application.
Regional Cooperation
Unlike air and water pollution, which can befoul even distant areas,
solid wastes harm only the immediate surrounding area. Thus, solid
waste mismanagement primarily affects the area where wastes are
dumped and secondarily the community from which they are collected.
When improper solid waste disposal practices such as burning and
poorly controlled sanitary fill operations foul their air or water, areas
outside the locality can invoke air and water quality enforcement laws.
Where the land resources of other local jurisdictions are used for
dumping or incineration, the community can levy a charge to offset
the cost of degrading the environment.
Local residents are becoming more aware that municipal solid
waste disposal systems are deficient. Communities are modernizing,
and in many places citizens have campaigned successfully for new dis-
posal facilities. Federal grants are not always desirable, since they
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2538 LEGAL COMPILATION—GENERAL
penalize taxpayers in communities that have the foresight to handle
their problems and force them to pay a share of the cost of facilities
for communities that do not.
There is, however, one area open to State and Federal help—inter-
municipal cooperation. Metropolitan areas, many local jurisdictions,
and particularly the central cities face severe disposal problems which
are not entirely resolvable at the local level. Disposal sites are hard to
find and to buy as land costs spiral and as citizens urge the preserva-
tion of nearly every remaining nearby natural area. The cost of
municipal incineration with proper air pollution controls is too high
for many small jurisdictions within the metropolitan area.
Regional solid waste management is evolving as the only rational
approach in many urban areas, even though local officials often balk at
turning over control of any aspect of solid waste management to a
metropolitan-wide authority. Consolidation jeopardizes vested inter-
ests. Patronage, position, and status of individual employees and the
degree of control over solid waste management within the community's
own boundaries (including location of disposal sites) militate against
intermunicipal cooperation. To mitigate these factors, higher levels
of government must devise ways to encourage coordination on a
regional basis.
WHAT NEEDS TO BE DONE
The Council on Environmental Quality recommends the following:
1. The programs for research and demonstration projects in the
Bureau of Solid Waste Management and the Bureau of Mines should
be focused on:
• Collection procedures—More research is needed to develop new
collection methods. Eighty percent of the cost of solid waste
management is devoted to collection; yet technological change
has been slowest in this area.
• Household sorting—This should be encouraged. Reliable studies
are necessary to determine if greater sorting of solid wastes by
households makes economic and social sense. New technologies
should be devised to make economical and acceptable to house-
wives a wider range of sorting techniques. Collection methods
for sorted materials must also be developed.
• Sorting from mixed refuse—Far greater creative efforts are
needed to develop a technology for sorting mixed refuse to
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GUIDELINES AND REPORTS 2539
salvage valuable items. The Bureau of Mines has made signifi-
cant progress in recovery from incinerator residues, but there
is still no effective way to salvage from the 90 percent of col-
lected refuse that is destined for dumps or sanitary landfills.
• Litter—Ways must be found to remove paper, metal, and glass
items mechanically from the Nation's highways, beaches, and
other public areas.
• Recycling—Methods must be developed to reuse a greater per-
centage of products and to develop new products from and new
uses for solid waste.
2. Available Federal funding should be directed to selective, large-
scale demonstrations of innovations in solid waste management in one
or more major metropolitan areas. One of the major difficulties in
changing solid waste management is the reluctance of authorities in
major urban areas to commit themselves to significant spending for
innovations that have been tested only in small towns or under con-
trolled conditions. Federal support could assist in providing a smooth
transition from research to large-scale demonstration projects.
3. Maximum recycling and reuse of materials are necessary to reduce
the growing volume of solid wastes that must l>e disposed of. The
Council is working with a number of Federal agencies to develop a
recycle strategy and is studying a variety of special disposal problems.
Industry, private research organizations, and all levels of government
must be enlisted to maximize the recycling of solid wastes.
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GUIDELINES AND REPORTS 2541
I Ioi6e,
VII
d r\aaia.tion
As POLLUTANTS of the environment, noise, pesticides, and radi-
x*. ation are relative newcomers to the public ken. The three
are still shadowy and dimly understood. But they are here, and they
must be dealt with.
Noise has been defined as "sound without value," and the intensity,
variety, and clamor of unwanted, unvalued sounds have multiplied in
recent times. For many, city residents in particular, the din never
ceases, and it too rarely diminishes.
Pesticides, created as tools to help forge a better life for man, liave
turned against him in many ways and have become killers of animal
and plant life that they were never intended to harm. We do not fully
understand their impact on man and the environment, but we know
enough to find them disturbing.
Radiation is potentially a more dangerous pollutant to man than
pesticides. Man has tried to turn it to his peaceful benefit — and has
done so in several ways. But the effects of low levels of radiation are
still largely unknown.
The long-term and cumulative impacts of this triumvirate of pollut-
ants — noise, pesticides, and radiation — could be harmful to man. It is
therefore imperative that they and their ways become better known.
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2542 LEGAL COMPILATION—GENERAL
NOISE
Noise is everywhere, especially in urban areas, where three-fourths
of the Nation lives. The roar of air and surface transportation, the gen-
eral din and hum of construction projects, and industrial noise all
pound against the ear virtually without ceasing. In the decade of the
1960's, the measured amounts and extent of urban noise rose signifi-
cantly. And so did the social awareness of noise and the discomfort
caused by it.
Urban dwellers cannot escape it. They are surrounded by a mul-
titude of noise sources in homes, offices, or places of work. Even at
play they are bombarded by scores of outdoor noises.
The most severe noise conditions are generally encountered in the
work environment. Excessive exposure to such noise for long periods
is known to cause irreversible hearing loss. It is estimated that up
to 16 million American workers today are threatened with hearing
damage.
The worker exposed to noise during the working hours must also
endure high levels of noise on his way to and from work. Furthermore
at home he must listen to household appliances, noisy neighbors, and
a variety of outdoor noises which surround and permeate his dwelling.
Sources of Noise Pollution
Traffic noise in a modern city may reach 90 decibels. A decibel is a
logarithmic measure of sound. Because it is logarithmic, linear com-
parisons of decibel levels cannot be made. For example, a noise pressure
level of 130 decibels is 10 times as great as one of 120 decibels and 100
times as great as a noise pressure level of 110 decibels. It is widely
accepted that steady exposure to about 90 decibels can cause permanent
hearing loss.
In general, trucks, buses, motorcycles, and rail systems are the
worst offenders. With automotive vehicles at high speeds most of the
noise comes from the whir of tires, while at lower speeds motor
noise dominates. At expressway speeds a single trailer truck can gen-
erate steady noise levels above 90 decibels. A line of trucks can pro-
duce noise levels of 100 decibels or more.
The high noise level inherent in steel wheels rolling on steel rails
makes rapid rail systems noisy. Subways create noise even on the
streets when they cause buildings to vibrate or when the noise escapes
through ventilators, but most of the noise is absorbed by the ground.
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GUIDELINES AND REPORTS
2543
Weighted Sound Levels and Human Response
Sound Source
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2544 LEGAL COMPILATION—GENERAL
Sound bouncing off the walls can raise subway noise levels to 90 to 100
decibels in the cars.
The rapid growth of aviation since World War II and the develop-
ment of jets have created a major noise problem in airports and the
areas around them. A four-engine jet at takeoff generates 115 to 120
decibels. A measure of the resulting annoyance is that about 50 of the
140 major American airports are involved with formal complaints
concerning noise, including a sizable number of lawsuits. The Airport
Operators Council International estimates that by 1975, 15 million
people will be living near enough to airports to be subjected to intense
aircraft noise.
Cities suffer from a variety of other noise sources which are rarely
curbed by government. Compressors and jackhammers are major
offenders. Garbage trucks, lawnmowers, and rock-and-roll music blast-
ing out of discotheques and jukeboxes all add to the din.
At home, the kitchen with its various appliances is the noisiest room.
The lack of effective noise standards in building codes allows the con-
struction of apartments and houses in which noise from the outside and
from neighbors filters in. Some persons have even taken to adding a low
level of constant noise of their own to reduce the annoyance of other
noise.
Effects of Noise
Noise can have many adverse effects, including damage to hearing,
disruption of normal activity, and general annoyance. Extremely loud
noise, such as a sonic boom, can also cause physical damage to
structures.
The most common and best understood physiological effect of noise
is hearing impairment—either temporary or permanent. The amount
of permanent hearing loss produced by sufficient exposure to high-level
noise depends on the nature of the noise, the time distribution of par-
ticular exposures, the total duration of the exposure over a lifetime,
and individual susceptibility. For essentially continuous types of noise,
such as that in many factories, enough research has been done to permit
some statistical prediction of the risk of hearing damage. More re-
search is needed, however, to predict damage which results from noise
of a discontinuous nature.
Noise is known to produce various temporary changes in man's phys-
iological state, in particular a constriction of the smaller arteries. This
can mean a speeded up pulse and respiration rate. Some medical au-
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GUIDELINES AND REPORTS 2545
thorities believe that continued exposure to loud noises could cause
chronic effects such as hypertension or ulcers. Startling noises elicit
involuntary muscular responses. Research is still necessary to permit
quantitative prediction and understanding of the extra-auditory
physiological impact of noise.
More research is needed on the effects of noise on performance of
manual tasks. Laboratory studies paint a confusing picture: noise
sometimes degrades performance, sometimes improves it. The type of
task; the intensity, quality, and repetition rate of the noise; the per-
sonality and mood of the worker; and the duration of the task—all
seem to interact in unpredictable ways. Workers who must devote
constant attention to detail (e.g., console monitoring in quality inspec-
tion) may be most prone to distraction. Noise may mask auditory
warning signals and thereby cause accidents or cause annoyance and
general fatigue.
Individuals vary widely in their sensitivity to noise. A few percent
of the population appear not to be bothered by noise, no matter how
loud. At the other extreme, a hypersensitive few are distressed by
almost any noise. Sensitivity to noise may vary considerably from day
to day.
A person may be psychologically predisposed to tolerate and accept
a given noise environment when he feels that the noise is an inevitable
byproduct of a useful or valuable service. He also tolerates it if his
health is not affected and it does not generate fear. One survey of noise
around an airport indicated that people's general connection between
noise and their fear of aircraft crashing has more effect on the degree
of annoyance than did the actual level of noise.
Still another factor is the extent to which people who are annoyed
by noise desire to complain and actually do complain about the noise.
Complaint data clearly show, however, that new noises will prompt
substantial additional response from the community if such noises
are heard and identified above the noise level that already exists in
the community.
Any characteristic of the noise differing from that to which the
community has become accustomed will trigger complaints. New tech-
nological developments such as the SST must be examined in light of
this phenomenon. Experience has indicated that the new sound of
SST sonic booms would not be acceptable to the residents under and
adjacent to supersonic flight corridors. (By regulation, the Depart-
ment of Transportation has proposed banning all overland flights
which would produce a detectable boom at ground level.) Similarly,
the annoyance levels of noise generated on the sideline areas of the SST
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2546 LEGAL COMPILATION—GENERAL
on takeoff is currently expected to be three or four times as great as
that of the loudest commercial subsonic jets. On the other hand, the
SST is quieter along the takeoff path because of its faster ascent.
Solutions to the sideline engine noise problem must be developed and
effectively applied prior to widespread operation of the SST.
Control and Abatement
Dampening the source noise level or making its noise characteristics
less annoying are typical first approaches to noise control. Keplacing
the noise source with a quieter machine or with one that is no noisier
but performs more work (thus displacing many machines whose
combined noise levels would be greater than the one) is second, but
often costlier approach. Adjusting operating hours to restrict the
length or time of day that noise is made is a third approach. Often the
simplest solution is to put distance between the noise source and the
people—such as truck routes away from residential areas and noisy
industry and airports away from homes. This often involves special
zoning. Attacking the problem where the noise is heard is often effec-
tive. Acoustic insulation (and air conditioning) in residences and
offices near airports and highways is one way. Ear protectors for indi-
viduals in the industrial work environment is another.
Ultimately, however, decisions must be made as to how much noise
must be reduced, how it should be done, who should do it, and who
should pay for it.
Implementation of noise abatement and control should not wait
until all research is done and all the effects of noise are completely
understood. Objective criteria for measuring progress toward the de-
sired reduction of noise can be established without complete under-
standing of the subjective response to the noise. Working standards
can be implemented on the basis of existing knowledge and then re-
fined, if necessary, when more is known. How much noise abatement is
forthcoming depends on how badly the public desires more quiet and
whether they are willing to pay for what needs to be done.
The recognition of noise as an environmental problem has arrived
late in this country, but a beginning has been made toward some of the
needed solutions. Of the approximately $34 million allocated by the
Federal Government in fiscal year 1970 for noise-related programs,
$31 million was devoted to aircraft noise and sonic boom. This com-
paratively high level of spending reflects the degree of piiblic concern
over aircraft noise problems. It suggests, however, that a more balanced
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GUIDELINES AND REPORTS 2547
research program that deals with all sources of noise is needed. One
particularly pressing need is for new research leading to surer health
criteria and to a more refined technology to dampen other transporta-
tion, household and industrial noises.
Current Action
Although many noise problems are inherently local, the Federal Gov-
ernment has a responsibility to provide leadership in the fight to
combat unnecessary noise. It has already taken several steps toward
creation of a quieter nation. This progress is reflected in a number of
recent moves:
• The Department of Labor, in May 1969, issued the first Federal
standards for occupational exposure to noise.
• The Department of Transportation in November 1969 issued the
first of a series of noise standards under Public Law 90-411
regulating aircraft noise. In April 1970, the Department issued
a proposed rule banning overland flights of supersonic
transports.
• In late 1969, the First Federal Aircraft Noise Abatement Plan
was published summarizing the overall program for airport
noise research and development.
• The Department of Housing and Urban Development (HUD)
is preparing to issue a policy circular. It will set uniform policy
and lay down interim standards of noise exposure that HUD
will use to determine if proposed housing sites are suitable.
• The National Aeronautics and Space Administration in 1969
successfully demonstrated that new technology could be applied
to cut down noise in current jet aircraft. Such research con-
tinues. This year NASA was authorized to construct a new
acoustics laboratory to conduct advanced research on aircraft
noise.
State and local governments must play a major role in legislating
and enforcing noise control strategies. Most States, for example, have
statutes or codes relating to muffler noise on motor vehicles. But the
laws usually fail to spell out enforcement techniques and maximum
noise levels. Hence, these regulations are almost impossible to enforce.
In 1965, New York became the first State to enact a State highway
anti-noise statute. In 1967, California enacted an even more compre-
hensive statute. Its new highway anti-noise statute specifies maxi-
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2548 LEGAL COMPILATION—GENERAL
mum permissible noise levels for passenger cars, trucks, buses, and
motorcycles and prescribes levels and test procedures as a requisite for
new vehicle sales.
Many cities have noise ordinances, but few are strictly enforced.
Attempts by local governments to control traffic noise are often re-
jected by the courts. State and local noise abatement efforts have been
largely ineffective.
What Needs To Be Done
The Council on Environmental Quality recommends the following:
1. More research is needed on the physiological and psychological
effects of noise in order to develop improved remedial programs.
2. Noise standards should be developed for all Federally supported
or guaranteed construction. Such Federal standards might serve as a
model to standardize State building noise codes and safeguard the
competitive positions in different States of housing and building indus-
tries. The Department of Housing and Urban Development is in the
process of developing such standards.
3. A thorough evaluation should "be made of the extent of the noise
problem, its effects, and the various alternatives open to Federal, State,
and local governments and to industry to reduce noise.
PESTICIDES
When Eachael Carson's "Silent Spring" was published in 1962,
man's struggle to protect and reclaim the quality of his environment
took on a new dimension. It was no longer just a matter of coping
with dirty water and air. Suddenly man was confronted by the dis-
tinct possibility that one of his seemingly proudest achievements—the
development of pesticides—had set into motion, subtly and invisibly,
a chain of biological modifications which could diminish the quality
of life everywhere.
Unquestionably, pesticides are, and will continue to be, of enormous
benefit to man. They have helped to produce food and protect health.
Manmade chemicals have been the front line of defense against de-
structive insects and rodents. Through pest control, man has modified
his environment to meet esthetic and recreational demands.
However, in solving some environmental problems pesticides have
created others of yet undetermined magnitude. The unintended con-
sequences of the long-term use of certain pesticides have been injury
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GUIDELINES AND REPORTS 2549
or death to a variety of life forms. Pesticides have killed shellfish, fish,
and birds, and they have caused cancers in test animals. Each year
between 100 and 200 human deaths are known to be caused by pesti-
cides in the United States. There are many more acute illnesses, but
the statistics are incomplete. Most, if not all, of this morbidity and
mortality results from acute poisoning from highly toxic pesticides,
sodium arsenite, parathion, and others. There is still relatively little
information on the impact of the persistent chlorinated hydrocarbon
insecticides, such as DDT, on humans. Consequently, it is not yet
known with certainty what are the long-range effects on humans of
accumulation of these substances, although some investigators con-
sider that the results from test animals show that a significant threat
exists for humans. Such materials accumulate in the body, especially
in fat. Investigations show that Americans carry an average of about 8
parts per million of DDT and its metabolites in their body fat. Work-
men who handle large quantities of DDT may have several hundred
parts per million and still show no harmful effects. The milk of nursing
mothers contains DDT. It is also metabolized and excreted in the urine.
If exposure decreases, the body concentration diminishes. Therefore,
current reductions in DDT use will bring a gradual reduction in body
burden, but how fast this may take place is not known.
Pesticides and Their Use
Pesticides embrace a wide variety of chemical compounds for control-
ling undesirable forms of life which threaten man, his possessions,
and portions of the natural environment that he values. A report of the
Department of Health, Education, and Welfare Secretary's Commis-
sion on "Pesticides and Their Relationship to Environmental Health"
of December 1969 pointed to some 900 active pesticidal chemicals
formulated into over 60,000 preparations in the United States. In 1968,
production and sales of synthetic organic pesticides reached 1.2 billion
pounds, of which about 20 percent was exported.
Slightly more than half of all pesticides made are used in farming.
(About 45 percent is actually used on crops.) Government agencies use
about 5 percent; residential and industrial users account for the rest.
At the current growth rate—almost 15 percent a year—a billion pounds
of pesticides will soon be applied annually in this country. Most of the
increase over the past few years is laid to the expanded use of herbi-
cides. Insecticides and fungicides have not expanded as much. Pesti-
cides can be grouped as nonpersistent, moderately persistent, persistent,
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2550 LEGAL COMPILATION—GENERAL
and permanent, based on how long they last in the environment. These
lifetimes are critical in predicting and assessing ecological effects.
Non-persistent pesticides last from several days to about 12 weeks.
Most are moderately persistent with lifetimes of 1 to 18 months.
Examples are 2,4-D and atrazine.
Persistent or hard pesticides include most of the chlorinated hydro-
carbons. DDT, the most widely used pesticide in the world, and aldrin,
dieldrin, endrin, heptaclor, and toxaphene all belong to this family.
They are not broken down easily to nontoxic compounds and have
persisted in the environment for many years. For example, present
information indicates that DDT can remain toxic for at least 20 years.
Pesticides based on toxic, inorganic elements such as mercury, lead,
and arsenic are virtually permanent.
Nonpersistent chemicals have been replacing persistent ones, particu-
larly in agriculture. The HEW Secretary's report traces shifts in
insecticide ingredients between 1964 and 1966 that reflect slight
decreases in chlorinated hydrocarbons. Most insecticides used on fruit
and vegetable crops are now of the less persistent variety. However,
some pests such as termites can still be attacked only with the hard
pesticides. The growing public concern with the use of persistent
pesticides may accelerate their replacement by other types or other
control measures.
Another group of substances which has effects similar to persistent
pesticides is the polychlorinated biphenyls (PCB's). PCB's are used
in plasticizers, asphalt, ink, paper, and a host of other products. Ac-
tion is now being taken to curtail their introduction into the environ-
ment.
Even pesticides that degrade rapidly are not without serious draw-
backs. Many organophosphate insecticides are extremely toxic and
nonselective. Places where they are applied are left nearly devoid of
insects, including the natural enemies of the intended targets. Since
the chemicals then disappear rapidly, fields are extremely vulnerable
to new attacks by insects from adjacent areas. Pests always multiply
more rapidly than their predators. In addition, insects resistant to the
pesticides emerge rapidly. The typical response is to apply heavier
doses of the same pesticide at shorter intervals.
Effects of Pesticides
A pesticide may move through an ecosystem in many ways. Hard
pesticides ingested or otherwise borne by the target species will stay
in the environment, possibly to be recycled rapidly or concentrated
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GUIDELINES AND REPORTS 2551
further through the natural action of food chains if the species is
eaten. Most of the volume of pesticides do not reach their target at all.
Whether pesticides are introduced into the environment by spraying
or by surface application, air usually is the medium through which
the chemicals move to their intended and unintended targets. Very
few data exist on pesticides in the air, largely because of a lack o
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2552 LEGAL COMPILATION—GENERAL
flesh of hundreds of parts per million. Larger animals, such as fish-
eating gulls, can further concentrate the chemicals. To date, the effects
of pesticides have been studied in less than 1 percent of the animal
species present in the United States.
Much of the information on the effects of pesticides comes from
studies of birds. Heavy mortalities among robins which fed on earth-
worms contaminated during spraying to eradicate Dutch elm disease
spurred the first public concern and scientific inquiry. Many aquatic
birds, including egrets, grebes, herons, and gulls, have also died from
insecticide poisoning. Much of the drastic loss among certain species
of falcons, hawks, and eagles is believed due to the DDT family of
pesticides. High levels of persistent pesticides cause some birds to lay
eggs with thin shells. There is experimental evidence from the Patux-
ent Wildlife Research Center that DDE, a metabolite of DDT, reduces
the birds' ability to provide calcium for egg shells, causing premature
breakage. Ducks, ospreys, hawks, and eagles have all laid thin-shelled
eggs. The sudden decline of the Brown Pelican along the southwest
coast of the United States is believed to have been caused by wide-
spread breakage of pesticide-affected eggs with shells so thin that
they are little more than pliable membranes. As a result, reproduction
of the Brown Pelican has virtually ceased. Pesticides affect the nervous
systems of both fresh and salt water fish, causing instability, respira-
tory difficulty, sluggishness, and death. In 1955, when the fish hatchery
on Lake George, N.Y., lost 100 percent of nearly 350,000 eggs removed
from lake trout, DDT was suspected. Pesticides killed more than 2
million fish in a Florida marsh and over 5 million in the Lower
Mississippi River. Laboratory studies show that DDT reduces the
ability of salmon to detect temperature changes, an ability upon
which they depend to find their spawning grounds.
Some fish may build up a tolerance for pesticides. Mosquito fish
have been reported to accumulate endrin at levels sufficient to poison
the fish's predators. Concentration of pesticides in big enough doses
in edible fish species could pose a threat to food supplies.
Marine invertebrates, such as crabs, shrimps, and scallops, are also
susceptible to pesticides, and large mortalities have been reported.
Indirect toxicity has taken a toll among crabs feeding on fish killed
by dieldrin. And fiddler crabs feeding on DDT-laden detritus became
so uncoordinated that they lost their defense mechanism. The growth
of several types of oysters was severely retarded in laboratory tests
when pesticide levels in the surrounding water were increased.
It is clear that different species respond in different ways to the
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GUIDELINES AND REPORTS 2553
same concentration of a pesticide. Reproduction is inhibited in some
and not in others. Eggs of some birds become thin and break; others
do not. Relatively high concentrations of DDT appear in seals and
whales. Dead porpoises in the Gulf of Mexico contained residues
ranging up to 800 parts per million, but the role, if any, of pesticides
in these deaths is uncertain.
Laboratory studies of mammals, including rats, mice, hamsters,
dogs, and monkeys, revealed that under experimental conditions some
pesticides increased the incidence of cancers, birth defects, and genetic
mutation. No clear evidence exists on the long-term effects on man of
accumulation of pesticides through the food chain, but the problem
has been relatively unstudied. Limited studies with human volunteers
during the past 5 years have not shown that persistent pesticides, at
the normal levels found in human tissues at present, are associated
with any disease. However, further research is required before results
are conclusive about present effects, and no information exists about
the longer-term effects.
The HEW Secretary's report states: "While there is no evidence to
indicate that pesticides presently in use actually cause carcinogenic
or teratogenic effects in man, nevertheless, the fact that some pesticides
cause these effects in experimental mammals indicates cause for con-
cern and careful evaluation." Further, "the field of pesticide toxicol-
ogy exemplifies the absurdity of a situation in which 200 million
Americans are undergoing lifelong exposure, yet our knowledge of
what is happening to them is at best fragmentary and for the most
part indirect and inferential. While there is little ground for forebod-
ings of disaster, there is even less for complacency."
Population studies would provide definitive data. But the incidence
in man might be so low (one case in 10,000 might be significant) and the
period between exposure and observable disease so long that such
studies would be difficult to devise and expensive to conduct.
Meanwhile, decisions must be made on the basis of extrapolation
from experimental animals. Extrapolation is always risky, and judg-
ments on the chronic effects of pesticides on man will continue to be
highly controversial.
Options
Pest control with or without pesticides is essential for protecting man
from disease, discomfort, and annoyance and for producing ade-
quate food and fiber. Developing countries with rapidly growing
-------
2554 LEGAL COMPILATION—GENERAL
populations, particularly those in the tropics, have a special stake in
the battle against pests. A recent report by the World Health Orga-
nization stated: "We must not forget the enormous benefits insecticides
have brought to humanity. . . . Limitations on the use of DDT would
give rise to greater problems in the majority of the developing
countries."
A number of choices are available to reduce the dangers of pesticides
in the environment. Some persistent pesticides, primarily organo-
chlorine-based insecticides, can be replaced with degradable ones.
Nonchemical methods of pest control are also under development.
Federal outlays for such methods have increased to $45 million annu-
ally, but with little success. The list of nonchemical controls remains
small and almost all have disadvantages. Industry has invested little
in this area, so public agencies are left with the leading role in research
and development. Many different techniques are under study, includ-
ing pest control by parasites and predators—such as the use of a spe-
cies of weavil to combat Klamath weed in California pastures. Intro-
ducing pest-killing animals to new areas is risky. The mongoose has
itself become a pest in Jamaica and Puerto Eico after having been
imported to control rats.
The use of pathogens—viruses, bacteria, and fungi—has had some
success. But they may be dangerous to human health. One of the most
effective and safest pest control measures is the selective breeding of
resistant species of plants. The Hessian fly, a serious pest of wheat, has
been controlled in this manner.
Cultural control, based on selection and diversification of planting
time, crop rotation, and water and fertilizer management, has proved
effective in specific cases. Control of the screw-worm fly through re-
lease of many males sterilized by irradiation promises to be dramati-
cally successful. However, this technique or use of chemical sterilants
appears to be limited to certain pests and also may be more expensive
than the use of pesticides. The HEW Secretary's report called atten-
tion to the fact that about 80 percent of the pesticides used are for the
control of fewer than 100 species of pest organisms. The report sug-
gests that nonchemical approaches to controlling these specific pests
would significantly reduce the pesticide burden.
Shipment of pesticides in interstate commerce is regulated by the
Federal Insecticide, Fungicide, and Eodenticide Act (FIFEA) of
1947, which is administered by the Secretary of Agriculture. The act
requires pesticides and other "economic poisons" to carry labels bear-
-------
GUIDELINES AND REPORTS 2555
ing certain information, including any warnings necessary to prevent
human injury. A pesticide which fails to comply with the labeling
requirement, or which cannot be rendered safe by any labeling, is mis-
branded, and the Secretary must refuse or cancel its registration as an
economic poison approved for shipment in interstate commerce.
The 1954 amendments to the Food, Drug, and Cosmetic Act
(FDCA) require the Food and Drug Administration (FDA) to estab-
lish residue tolerances for all pesticide products designed for use on
or in human or animal food. FIFRA protects interstate commerce;
FDCA protects the Nation's health. Any application to USDA to
register a pesticide must be accompanied by scientific data on residues
that will remain on the crop at marketing time. The FDA must estab-
lish the residue tolerance for a particular use before USDA grants
the registration. The law provides for seizure and destruction of com-
modities that contain pesticide residues in excess of established
tolerances.
For years FDA has regulated the residues permitted on raw agri-
cultural produce in interstate commerce. An additional problem is
how to regulate inadvertent residues on crops from indirect exposure
and in fish and other uncultivated foods when the residue accumula-
tion is beyond the control of the harvester. This problem is receiving
attention by the FDA. There is also growing concern about human
exposures not associated with food (for example, air, water, and cloth-
ing). Legislation may become necessary before these hazards can be
adequately regulated.
The Department of Transportation (DOT) plays an important role
in regulating pesticides. Its licensing of aerial applicators provides the
only Federal regulations directly controlling non-Federal use of
pesticides. DOT also regulates the interstate shipment of some pesti-
cides as hazardous chemicals and is reviewing and strengthening these
regulations.
Significant efforts during the past year to control pesticides include:
• On July 9, 1969, all USDA-bperated pest control programs in-
volving nine persistent pesticides were suspended pending a
30-day review of their'environmental contamination. Uses of
dieldrin, heptachlor, and DDT were drastically reduced or
eliminated. In October, the Secretary of Agriculture declared
that the Department would "practice and encourage the use of
those means of effective pest control which provide the least
potential hazard to man, his animals, wildlife, and the other
components of the environment."
-------
2556 LEGAL COMPILATION—GENERAL
• On November 20, the Cabinet Committee on the Environment
(at that time called the Environmental Quality Council) estab-
lished a subcommittee on pesticides. As of June 15, the working
group of this subcommittee, which consists of pesticide experts,
had received for evaluation 45 pesticide programs—embracing
1,033 projects—from 30 Federal agencies. As of that date, 38
of these programs had been evaluated, and significant changes
made in many, including substitutions of pesticides and im-
proved control procedures.
• Also on November 20, the White House announced that the
Secretary of Agriculture had initiated action, effective in 30
days, to cancel all DDT uses for house and garden pests, shade
tree pests, pests in aquatic areas, and tobacco pests. These can-
celled uses account for 14 million pounds or 35 percent of the
total DDT used annually in this country. However, three regis-
trants have appealed this decision. The DDT products of these
three continue to be sold until the courts rule on the appeals.
All remaining uses of DDT found to be nonessential will be
cancelled by December 31, 1970. The Secretary also announced
that beginning in March 1970, action regarding other persistent
pesticides would be taken using the same criteria and proce-
dures applied to DDT. A Department spokesman announced
at the Senate Commerce Committee hearings in June that
within 3 months an evaluation will be completed on the dioxin
content in 18 pesticides and their hazards to humans.
• In January 1970, the Secretaries of Agriculture, the Interior,
and HEW signed a new interdepartmental agreement designed
to strengthen the review of pesticide registrations in relation
to the protection of human health and the environment.
• In late February and early March, the Department of Agri-
culture suspended the registration of 42 alkylmercury fungicide
products used for seed treatment. It asserted that growing mis-
use of the treated seed, despite label warnings and other pre-
cautions, constituted an imminent hazard to the public health.
This has been appealed, and as of July 1, the appeal had not
been decided.
• All uses of aldrin and dieldrin insecticides in aquatic environ-
ments were cancelled by the Department of Agriculture. Cer-
tain uses of lindane and benzene hexachloride (BHC) on beans,
-------
GUIDELINES AND REPORTS 2557
corn, peas, and citrus fruits were canceled after FDA repealed
its tolerance listings for these chemicals. As of July 1, no ap-
peals had been made.
• The Secretaries of Agriculture, HEW, and Interior announced
on April 15, 1970, the suspension of liquid formulations of
2,4,5-T for use around the home and of all formulations for use
on lakes, ponds, and ditchbanks. The action was taken on the
basis of imminent hazard to the public health because of new
data which showed that this herbicide caused defects in labora-
tory animals. Three registrants have appealed the cancellation
as it pertains to certain food crops, and their 2,4,5-T products
can be lawfully produced and sold pending outcome of the
appeal.
• On June 19, the Secretary of the Interior stopped the use of
DDT, aldrin, 2,4,5-T, dieldrin, endrin, DDD, mercury com-
pounds, and nine other pesticides on the 356 million acres of
public land controlled by the Department.
Forty-eight States have laws, patterned on Federal law, which
govern the marketing of pesticides. Thirty-nine States also regulate
their use. Most of these States require commercial applicators to ob-
tain licenses or permits. Within the past year, a number of States—
including California, Michigan, Wisconsin, and Florida—enacted
regulations or laws restricting the marketing or use of certain chemi-
cals, particularly DDT. More such actions are likely.
Public concern is manifested in legal actions initiated by conserva-
tion groups. In May 1970, the U.S. Court of Appeals for the District
of Columbia ordered the Secretary of Agriculture to suspend the
registration of DDT within 30 days for interstate shipment or to
show cause why the shipments should continue. As of July 31, the
court had not yet heard arguments on the Secretary's reply. The same
court ordered the Secretary of HEW to publish in the Federal Reg-
ister a proposal by an environmental group that the Secretary set a
zero tolerance for DDT residues on raw agricultural commodities.
This action means that a thorough study and public hearings must be
conducted.
Another suit was initiated in June against the Olin Corporation
and the Corps of Engineers to halt discharge of DDT from the Olin
plant into the Tennessee River and the Wheeler National Wildlife
Refuge in Alabama. Shortly thereafter the company closed the plant.
-------
2558 LEGAL COMPILATION—GENERAL
What Needs To Be Done
Although substantial progress is being made in the control of pesti-
cides, much remains to be done. The following represents high priority
areas for further action:
1. The Administration is considering a broad range of legislative
and administrative proposals for more effective pesticide regulation.
These include measures to assure adoption of less persistent or toxic
materials, limit the availability of certain types of pesticides, and
regulate disposal of unused pesticides.
2. There is a need to ensure that information on the dangers of
pesticides and on innovations in pest control is spread worldwide and
consideration should be given to international control over use and
shipment of pesticides. Although the need for pesticides may be
great in developing countries, the risks to human and environmental
health are very great also, and knowledge, techniques, and standards
developed in the United States do not necessarily apply elsewhere.
For example, recent studies have shown that application of the non-
selective, persistent pesticides under tropical conditions in some cases
aggravate the pest condition rather than the reverse. New guidelines
governing the distribution of persistent pesticides abroad are being
prepared by the Agency for International Development.
3. Incentives to industry should be explored to stimulate research and
development by the private sector on substitutes for persistent pesti-
cides and on nonchemical control.
4. Finally, the effects of pesticides on man and the environment must
be vigorously studied, particularly through controlled exposure
experiments.
RADIATION
In the past when people thought of radiation, they thought pri-
marily of nuclear bombs. Today many still think of it that way. But
more and more, Americans are starting to realize that radiation is a
byproduct of some forms of our modern technology. Now medical
applications are the central source of manmade radiation. Tomorrow
increased applications of nuclear power may cause additional concern.
The exposure of larger segments of the world's population—par-
ticularly in the industrialized nations—to a variety of low-level, man-
made radiation sources is increasing. These sources include X-rays,
-------
GUIDELINES AND REPORTS 2559
radioactive materials, and electronic devices in the home, office, and
industry. The increase both in the number of sources and in the num-
ber of people exposed raises questions about the magnitude and nature
of the hazard to human health of ionizing radiation. This questioning
has occurred both among the general population and within the scien-
tific community and focuses on the adequacy of existing radiation
protection standards.
Effects of Radiation
It is known that high levels of radiation adversely affect human health
in a number of ways. Various forms of cancer in humans and experi-
mental animals have been associated with relatively high doses of
radiation. It has been demonstrated in leukemia and other cancers that
at doses above approximately 100 rems a proportional relation exists
between the size of the dose and the incidence of the disease. (The unit
"rem" stands for "roentgen equivalent man" and reflects the amount
of radiation absorbed in human tissues and also the quality of the type
of radiation.) This evidence has been gathered from studies of persons
exposed to the atomic bomb explosions in Japan and from patients
treated with high doses of radiation for medical purposes.
It is much more difficult to assess the potential biological effects of
low-level radiation. Measurements of effects at very low doses (com-
parable to those which might be expected in the natural environment)
are technically difficult or impossible. One reason is that man's bio-
logical responses to ionizing radiation depend on myriad factors—
type, amount, and rate of radiation received; whether it comes from
external sources; and whether the whole body or particular organs
are exposed.
One of the major potential effects of low level radiation is that
human genes may be damaged or altered. The risk of genetic damage
lies behind most of the recommended standards for radiation exposure.
There is a natural mutation rate among humans which is believed to
be caused, at least in part, by natural background radiation. From this
it is reasoned that any manmade sources of radiation which augment
natural background radiation will similarly be responsible for a pro-
portionate statistical increase in the number of genes affected. The risk
of such an increase argues most strongly for conservative radiation
exposure practices.
Information is still not complete regarding potential biological
injuries from exposure to radiation from electronic products. Research
-------
2560
LEGAL COMPILATION—GENERAL
in this field requires basic and long-term studies of large numbers of
humans and animals. The results of preliminary studies on animals
show that microwaves of sufficient intensity can induce chromosomal
abnormalities, cause cataracts, and alter protein synthesis. Ultrasonic
vibrations intense enough to be of therapeutic value can cause tissue
damage. However, at this time it appears that nonionizing radiation
from sources such as lasers, switching and communications equipment,
and microwave ovens has less of an impact on the general population
than ionizing radiation.
Sources of Radiation
Natural (background) radiation—The earth's natural background of
radiation arises from two general sources. One is cosmic radiation
which enters the earth's atmosphere. The dose received at any point on
earth from cosmic sources varies with altitude and latitude. The other
major source of natural background radiation is radioactive isotopes
found in water and in mineral deposits. The total radiation from nat-.
ural sources can contribute an average individual yearly dose of about
125 mrem (see table 1).
TABLE 1.—Average Annual Gene'ically Significant Dose to General Population
From Various Environmental Sources l
Source
Natural background
Diagnostic X-ray
Therapeutic X-ray ,._. .
Radioisotopes
Other sources - - --
Fallout
Miscellaneous (includes TV sets, luminous markings on
Total
Dose
(mrem)z
125
55.2
(50.0)
(5.0)
(0.2)
1.7
(0.2)
(1.5)
2.0
Percent—
Of total
from all
sources
68.3
30.1
(27.3)
(2.7)
(0.1)
0.9
(0.1)
(0.8)
1.1
100.4
Of manmade
sources
93.8
(85. 0)
(8.5)
(0.3)
2.9
(0.3)
(2.6)
3.4
100.1
1 Based on data reported by John B. Little, "Environmental Hazards—Ionizing Radiation," New Eng-
land Journal of Medicine, 275, 929-38 (1966) and the United Nations Scientific Committee on the Effects
of Atomic Radiation.
2 mrem=millirem (1/1000 rem).
-------
GUIDELINES AND REPORTS 2561
Manma.de sources of radiation—Medical uses of radiation now rep-
resent the largest single source of manmade radiation—about 94 per-
cent of all manmade radiation or roughly 30 percent of all radiation
sources to which the average person is exposed. An increasing aware-
ness of this fact and its potential hazard has led to some reduction hi
medical uses of radiation in recent years and to improvements in their
techniques of use.
Radioactivity released during past atmospheric nuclear tests cur-
rently contributes about 3 percent of the manmade radiation to which
individuals are exposed. The radioactive fallout of main concern from
these tests is strontium-90 and cesium-137. Their half-lives, 28 and 30
years, respectively, mean that they will exist in the environment for
many years. A significant amount of tritium produced by atmospheric
weapons testing also remains in the biosphere. The U.N. Scientific
Committee on the Effects of Atomic Radiation reports that individuals
who lived in the United States during the period of heaviest fallout in
the 1950's and early 1960's will accumulate a total genetic fallout dose
of about 110 millirem by the year 2000. This is approximately what
man is already receiving annually from natural background radia-
tion. This "extra year" of exposure takes into account all sources of
fallout, including radioactivity which may enter the body through
food and water.
Nuclear powerplants provided about 1.4 percent of the country's
total electric power capacity in 1969. The U.S. Atomic Energy Com-
mission estimates that nuclear plants will furnish almost 25 percent
of the total in 1980 and between 60 and TO percent by the year 2000.
With the projected substantial increase in demands for electric power,
environmental problems arising from the operation and siting of all
powerplants will require careful scrutiny, since both fossil fuel and nu-
clear plants can cause adverse environmental effects.
Effluents from nuclear power reactors contain small amounts of
radioactivity. Two significant isotopes, krypton-85 and tritium, are
released mainly from fuel reprocessing plants and to a much lesser
extent from nuclear reactors. AEC experience with commercial reac-
tors shows that exposure to persons living near a typical operat-
ing reactor may range from 1 to 10 mr per year. In March 1970,
the AEC announced proposed amendments to its regulations. These
would improve the framework for assuring that even within regula-
tory limits, reasonable efforts are made by licensees to keep exposures
-------
2562 LEGAL COMPILATION—GENERAL
to radiation and releases of radioactivity in effluents from light water-
cooled nuclear power reactors "as low as practicable" consistent with
Federal Radiation Council guidance. Two of the four suppliers of
water-cooled reactors have already announced that they are designing
systems that should be capable of further reducing the effluent levels.
Because krypton is long-lasting (half-life of 10.76 years) and does
not react chemically with other substances, its quantity in the atmos-
phere is increasing. There is no evidence that it can concentrate through
food chains. Estimates indicate that by the year 2000 the average
annual genetic dose to the population from krypton-85 will be about
0.02 mrem, assuming that it continues to be fed into the atmosphere.
Tritium (half-life of 12.26 years) is extremely difficult to remove
from the liquid discharges of power and fuel reprocessing plants.
However, the addition of tritium to the environment is not expected to
increase the world population's radiation exposure significantly. There
is no known mechanism by which tritium can concentrate in fish and
shellfish or other food chains, and studies show no evidence that it
does concentrate. If one assumes that tritium from nuclear plants is
diluted in the oceans to a depth of 40 feet and in the atmosphere to a
height of 10 kilometers, the resulting population doses are estimated at
0.002 mrem per year by the year 2000.
Reactor Safety Record
A nuclear reactor cannot explode like an atomic bomb. The most seri-
ous safety hazard it poses is that excessive heating could melt the
core and spill large quantities of radioactive materials into the environ-
ment. To make this possibility extremely remote, an extensive safety
program has been developed.
Since the beginning of the nuclear energy program in 1943, there
has been only one reactor accident in the United States involving fatal
injuries. This accident occurred in an experimental reactor, the SL-1,
at a remote AEC testing station in Idaho in 1961. It killed three reac-
tor operators. A very small amount of fuel melting occurred in the
Enrico Fermi reactor near Monroe, Mich., in 1966, but no radioactivity
was released from the plant. In the commercial nuclear power pro-
gram, no radiation injuries or deaths have resulted from the operation
of licensed nuclear powerplants in the United States. There have been
other deaths from high-level radiation not associated with reactors.
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GUIDELINES AND REPORTS 2563
Radioactive Waste Storage and Disposal
The management of radioactive waste material in the nuclear energy
industry can be put into two general categories. The first is the treat-
ment and disposal of materials with low levels of radioactivity. These
materials are the gaseous, liquid, and solid wastes from reactors and
other nuclear facilities. The second category involves the treatment
and permanent storage of much smaller volumes of wastes with high
levels of radioactivity. These high-level wastes are byproducts of the
reprocessing of used fuel elements from nuclear reactors. Their dis-
posal will become more and more of a problem, particularly as their
volume increases with society's expanded uses of radiation sources in
the future,
Low-level wastes—Reactors are permitted to release low concentra-
tions of radioactivity to the atmosphere and to receiving waters. These
amounts are generally well below the limits specified in regulations
issued by the AEG.
Low-level solid wastes are packaged and shipped for storage at
AEC-owned or AEC-licensed burial sites. There are currently five
licensed private sites and five AEC-owned burial sites in use. They are
located on Federally or State-owned land and were chosen so that the
local geology and hydrology are least likely to allow the buried radio-
activity to escape. A close watch is maintained to assure that leakage
does not occur. About 650,000 cubic feet of low-level solid wastes were
buried at licensed burial grounds in 1969. The total of solid wastes for
AEG sites was about 1,800,000 cubic feet.
High-level wastes—After used fuel is removed from the reactor, it
is packaged and shipped in solid form to a reprocessing plant. After
reprocessing, the high-level liquid wastes are concentrated and stored
in tanks under controlled conditions at the site of the reprocessing
plant. In anticipation of the growth of the nuclear industry, the AEC
has developed the technology to reduce these liquid wastes to solid
form, thereby reducing the final volume to one-tenth that of the orig-
inal liquid material. The liquid wastes (approximately 80 million
gallons) stored at AEC sites are now in the process of being solidified.
The AEC has announced a proposed policy that will require high-
level wastes from the reprocessing of commercial reactor fuels to be
stored in solid form. (Approximately 520,000 gallons are now in tank
storage at the one licensed fuel reprocessing plant site.)
-------
2564 LEGAL COMPILATION—GENERAL
It has been estimated that through the year 1980, commercial power
reactors will generate approximately 3.5 million gallons of high level
wastes. Upon solidification, it would be equivalent to a cube about
33 feet on a side, or 35,000 cubic feet.
Standards for Protection Against Ionizing Radiation
The formal procedures and scientific bases for developing and estab-
lishing standards for protection against ionizing radiation are the
most comprehensive of any applied to environmental stresses. How-
ever, the effects of radiation on man are not fully understood, and
there remains room for disagreement over the adequacy of current
standards.
Eadiation exposure standards are re-examined as knowledge ex-
pands. Although the biological effects on man of low-level exposures
have not been precisely quantified, current standards use a conserva-
tive extrapolation of measured data at high exposures to set radiation
standards of low levels. Further, as advised by the Federal Eadiation
Council, efforts are made to keep exposures as low as practicable.
Experience has shown that actual exposures are small fractions of
radiation protection standards. However, as the number of radiation
sources grows (for example, nuclear power plants), increasing atten-
tion will have to be paid to the apportionment of radiation doses from
these sources.
Despite this conservatism, some scientists have questioned both the
rationale and the levels of existing standards. The State of Minnesota
has proposed radiation standards more stringent than those estab-
lished by the Atomic Energy Commission. The AEC argues that the
Atomic Energy Act gives it exclusive authority to establish radiation
protection standards, but this prerogative has been challenged by Min-
nesota. The issue is currently being litigated in the courts of that State
by a private utility in a suit against Minnesota.
The continued increase in the use of radiation sources will undoubt-
edly lead to increased concern over radiation standards, and the need
to determine more precisely the effects of low-level doses will become
even more urgent than it now is.
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GUIDELINES AND REPORTS 2565
What Needs To Be Done
To assure that adverse effects due to radiation are kept to an absolute
minimum, the following are necessary:
1. Continued research to determine the effects of low-level doses of
radiation and their cumulative effects.
2. Intensified research on problems of radiation arising from medi-
cal uses and from consumer products.
3. Careful regulation and control of the release of radiation to the
environment from nuclear reactors, underground nuclear testing, and
the transportation, storage, and disposal of radio-active wastes.
-------
-------
GUIDELINES AND REPORTS 2567
VIII
a r^
un
A\ POPULATION grows, it creates more environmental problems
and intensifies those that are already there—just by dint of
its growth. For all the decades of the country's national existence,
population growth has been in a steady spiral. As it grew, there were
more people to want more services, which can only come from natural
resources. In those nearly two centuries of growth, Americans took
what they wanted with little counting of the cost in natural resources
and the toll this took on the environment.
We have wanted automobiles, TV sets, and household appliances
and a variety of clothing, food, and housing. We have wanted to flip
on a switch and immediately have electricity or to turn on a faucet and
have an unlimited flow of water at low cost. And we have wanted to
dispose easily and rapidly of personal, household, and industrial
wastes produced by our style of living.
-------
2568
LEGAL COMPILATION—GENERAL
POPULATION AND GROWTH
Between 1830 and 1930 the world's population doubled from 1 to
2 billion. By 1970, it had almost doubled again, reaching 3.6 billion.
Between now and the end of the century, a mere 30 years, it probably
will more than double again—barring catastrophe or a marked change
in values—to an estimated 7.5 billion. The U.S. population is growing
less rapidly than that of most of the rest of the world, but the increase
is still significant. One hundred million people lived in the United
States in 1915. The population has passed 205 million today and may
reach between 265 and 322 million by the end of the century.
Population growth was of little relevance and of no concern to man
during the first several hundred thousand years of his existence. Less
than 200 years ago, some of the negative implications of population
increase first began to be realized.
Growth of World Population to the Year 2000
Europe
North Latin and U.S.S.R.
America America Oceania Africa
2000
1990
India
Communist
China
Other Asia
Year
Population
(In Billions)
1830
"The Population Bomb"
Source: Department of State.
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GUIDELINES AND REPORTS 2569
Although the rate of population growth in the United States and
other industrial nations has declined, its absolute growth hasn't. And
that contributes to environmental decay. More people mean more
congestion, more urban sprawl, and vast networks of highways to
transport them. They require more goods and services—more steel,
more paper, more cars, and more beer cans. And they put more severe
demands on urban land. Moreover, people themselves produce waste
that must be handled by treatment plants.
Mushrooming population growth doesn't necessarily mean more
polluted air and water. But it is more difficult to have environmental
quality with the pressure of population. It is more difficult to avoid
congestion, preserve green space and keep a pleasant environment.
Whatever the environmental prdblem, rising population requires ef-
fort just to stand still and great effort to make progress—requiring
institutions not now available and management tools not yet perfected.
Population Control—A Matter of Values
The increased attention focused on the environment has already
changed values in American society. Increasingly, concern has shifted
from quantity to quality and from the desirability of growth to the
desirability of stability. These are not absolute alternatives, but rather
broad differences in emphasis. The quantitative increase in GNP has
generated significant qualitative improvements in the way people live,
and certain kinds of growth are necessary for the stability of society.
However, the significance of values in determining population policy
should not be underestimated.
Quantitatively Americans have achieved heights which could not
be imagined only a few decades ago—metropolitan areas of unparal-
leled size, a GNP approaching a trillion dollars a year, and consump-
tion of goods and resources on a scale far exceeding that of any other
society, past or present. Although growth has been accompanied by a
better life in some ways, growth has not led to a high quality environ-
ment. It has become clear that a finite planet cannot withstand infinite
population growth.
An optimum population range is a matter of considerable dispute.
Many feel that the country has already reached the desirable limits of
growth, and their view may come to be generally accepted. It is not
generally accepted now, however, and evidence to indicate what the
optimum population should be is scanty or nonexistent. The work of
-------
2570 LEGAL COMPILATION—GENERAL
the President's Commission on Population Growth and the American
Future should help explore this question.
How much time the United States has to deal with the size of its
population depends on the view of the optimum population range.
However, two things are clear—there is some limit beyond which the
population should not go, and it will take a considerable time to
achieve a stationary population when, and if, it is decided that this
is a desirable goal. Even if fertility rates were to fall immediately to
levels required for "replacement" of the existing population (2.11
children per woman), given the large proportion of Americans cur-
rently of child-bearing age, the population would continue to increase
for over 60 years and would level off at about 275 million. It is possible
that fertility rates could drop below the replacement rate, in which
case the population would level off sooner and at a lower figure.
Some steps are now underway which may reduce the rate of popu-
lation increase. Research is being conducted on improved methods of
contraception. If an inexpensive and effective method with no adverse
side effects is developed, it will contribute significantly to population
control. Some demographers estimate that about 20 percent of the
children born in the United States are unwanted. If they had not been
born, the average family size would be close to the figure needed for
population replacement. Thus a situation of "perfect contraception"
might bring the birth rate close to what is needed for zero population
growth—unless other factors intervene.
One method of avoiding unwanted births being widely discussed
today is abortion. In the past few years, a number of States have
liberalized their abortion laws, and the movement toward liberaliza-
tion or complete abolition of such laws is continuing. This movement
could bring a significant decrease in the rate of population growth.
There has been some talk about the effects of economic penalties or
incentives on family size, but there is almost no good evidence on
what the effects are. Federal tax policy theoretically encourages people
to get married and to have children by taxing single persons more
heavily than families and giving a significant deduction for each
dependent. However, the tax relief from having children is small com-
pared to the cost of rearing them, and it is questionable whether the
marginal economic effects of tax policies can or do have much impact
on family size.
The major key to achieving a stationary population lies in the values
which people hold. Most couples in the United States still want more
than two children, and so long as this is true, the population will con-
-------
GUIDELINES AND REPORTS 2571
tinue to grow. Values concerning family size cannot be changed di-
rectly by public policy, but there are measures which can be taken to
influence such values. One, for example, would be to improve training
and employment opportunities for women, opening up for them many
acceptable roles other than rearing children. There are now only half
as many women as men enrolled in colleges and universities, and only
10 percent of the students in professional schools are women. Opening
more career possibilities for women would move the country toward
a wider range of family size, since some career women will choose to
have no children, and at the same time would make available to the Na-
tion a valuable and underutilized pool of talent. Increased employ-
ment for women would also provide an indirect economic incentive
for smaller family size because of the finanical loss involved in drop-
ping a career to rear children. Unlike taxes, such an incentive might
be sufficiently large to influence the number of children a woman
will have.
The broad problem of population growth will be studied by the
President's Commission on Population Growth and the American
Future, headed by John D. Rockefeller III. That Commission will
explore the implications of future population growth and make rec-
ommendations to the President within two years.
People on the Move
The U.S. population is geographically mobile. From its earliest days
the Nation has undergone great movements of population to different
parts of the country. Such movements are still going on. Significant
numbers of people are moving from the interior to the edges of the
country (Atlantic Seaboard, Florida, the Gulf Coast, the West Coast,
the Southwest, and the Great Lakes regions), from rural areas to cities,
and from central cities to suburbs.
The implications of these movements are hard to discern. They are
obscured partially by differences in focus and interpretation. If one
looks at the national population, an ever higher proportion of the
people are living in large metropolitan areas and thus are exposed to
dense concentrations and the problems of urban living. However,
within the metropolitan areas the general trend is toward steadily
lower densities (fewer persons per square mile) because of suburbaniza-
tion. Nationally, there has been fairly constant economic growth, but
certain regions (Appalachia, parts of the South, and New England)
suffer chronic problems of poverty. Although the population as a
-------
2572 LEGAL COMPILATION—GENERAL
whole is highly mobile, residential segregation of blacks has increased.
The population of the country is increasing rapidly, but between 1960
and 1970 half of the counties in the Nation lost population.
These differing trends and other related factors make it difficult to
weigh the advantages and disadvantages of increasing urbanization.
Much more thought and research needs to be devoted to how and in
what ways the Federal Government should influence patterns of
population distribution.
The ills which beset both urban and nonurban areas are numerous
and familiar; examples will be found throughout this report. Many of
these problems, particularly those relating to metropolitan areas and
to environmental quality, arise from an absence of rational, enforce-
able planning. The structures of local governments and taxes work
hand-in-hand to undermine the application of foresight to urban de-
velopment. Insufficient open space is provided, jobs are created with-
out regard to residences of potential employees, and transportation
networks are built with little thought of their social or environmental
consequences.
Many of these problems are related to population growth in metro-
politan areas. But they are also clearly related to the inadequacy and
ineffectiveness of local and regional planning. This aspect of urban
development will be discussed in more detail in the chapter on land
use.
The GNP—Does It Hurt or Help?
Economic growth is closely linked to population growth. Some
conservationists and ecologists believe that the Nation should aim at
zero GNP growth as a way of avoiding ecological catastrophe and pre-
serving a decent environment.
Economic growth is often accompanied by more industrial pollu-
tion, greater consumption of natural resources, and larger quantities
of discarded materials. If the sole objective were pollution abatement
or the conservation of natural resources, a reasonable argument could
be made for reducing GNP to the lowest levels possible.
However, this report is taking a broad view of the term environ-
ment, and this broader view reveals many benefits of continued
economic growth. Our society needs more goods and services of many
kinds—better housing, improved public transportation, more adequate
facilities for health and education, and increased pollution control.
It is likely that the funds for such investments will come not from a
-------
GUIDELINES AND REPORTS 2573
cutback in the production of cosmetics, for instance, but from an
overall increase in national output. Moreover, a reduction in growth
would result in a severe blow to the aspirations of the economically
disadvantaged, especially minority groups.
Thus, looking at the total environment of the Nation, it seems
probable that direct attempts to reduce GNP growth would create
many more problems than they would solve. If the rate of population
growth is reduced, there will undoubtedly be some reduction in the
rate of GNP growth, but environmental problems probably can be
dealt with most successfully by alterations in the composition of the
GNP, particularly alterations in that portion of GNP which rep-
resents growth over the current level.
1968 GNP by Industry, in 1958 prices
[In billions of dollars]
Agriculture, forestry, and fisheries 24.9
Contract construction and mining J 34. 0
Manufacturing 229.5
Transportation, communication, and utilities 74. 9
Wholesale and retail trade 123. 3
Finance, insurance, and real estate 99. 9
Services 67.8
Government and government enterprises 70. 0
Rest of the world 3.9
Residual a7. 7
Total 735v9
1 Specific figures for contract construction and mining as separate categories are not
available.
2 Difference between gross national product measured as sum of final products and gross
national product as sum of gross products by industries.
Source : Department of Commerce, Office of Business Economics.
The composition of gross output in the United States is constantly
undergoing change. From the standpoint of environmental quality,
two likely changes in the GNP makeup are especially noteworthy.
On the one hand, there will be increased expenditures specifically for
protecting or improving environmental quality. The costs of pollution
control, of ultimate disposal of products, and even of esthetic attrac-
tiveness will have to be reflected in the price of some goods. Although
the increased expenditures will be counted as GNP in the year in
which they occur, they will divert funds from investment in facilities
to produce goods and, hence, may actually reduce GNP in future years.
The other set of changes involves the increasing shift in the propor-
-------
2574 LEGAL COMPILATION—GENERAL
tion of GNP devoted to providing services as against the production
of goods. Almost all of the increase in employment in recent years
has been accounted for by increases in the service occupations. This
has been and will continue to be reflected in the GNP. One result will
be a reduction in the adverse environmental effects of increased
national product since most such effects arise from manufacturing
processes.
The shift to services should not obscure the extraordinary increases
in output which can be anticipated in many nonservice sectors of the
economy. In some cases where the environmental consequences are
extremely damaging and are also unavoidable given current technol-
ogy, the choice between increased output and environmental protection
may have to be made. We already have begun to see isolated instances
of production facilities being closed or being prevented from being
built because of their adverse environmental effects.
Anticipation of the possibility of having to curb firms and industries
should provide a spur to research and regulatory efforts so that such
a possibility does not become a reality. The choice between environ-
mental deterioration and economic deprivation is one which should
and can be avoided.
The potential uses of the economic system in controlling pollution
should not be overlooked. A wide variety of economic incentives may
be useful for preventing the introduction of wastes into the environ-
ment and for overcoming the incentives to pollute which are built into
the present pricing system. This report notes several such possibilities,
and the Council is working on other similar proposals. In dealing
with environmental problems focusing on structuring economic incen-
tives is far more productive and beneficial than worrying about the
overall growth of the economy.
NATURAL RESOURCES
The quality of life depends substantially on the availability of a
wide variety of natural resources. Their availability provides the basis
of the economy, and influences daily life in innumerable ways.
A comprehensive assessment of the current status of natural re-
sources is beyond the scope of this report. However, a brief analysis
of some of these assets may help to place the resource status of the
Nation in perspective. One major document on this matter was pub-
lished during 1969. A special joint committee of the National Academy
-------
GUIDELINES AND REPORTS
2575
of Sciences-National Research Council prepared the report, "Re-
sources and Man." It is a sobering1 statement on resource availability.
Other writers have spoken in still more alarming terms, fearing that
a crisis is imminent; still others have confidence that the capability of
the American society for adjustment and innovation is great enough
so that many present trends will not continue to the point of ruin.
Our Diminishing Minerals
Estimates of the world reserve supply of mineral resources are
extremely difficult to make. Most of the important minerals are found
in workable concentrations in relatively limited portions of the earth's
Nonfuel Minerals
U.S. Demand and Production
1968 and 2000
Billion
1968
Dollars
10 20 30 40 50 60 70
Source: Bureau of Mines, Department of the interior.
-------
2576 LEGAL COMPILATION—GENERAL
crust. In some cases, minerals exist in low concentration which could
become workable as the price rises. Even taking into account such
economic factors as increased prices with decreasing availability, it
would appear at present that the quantities of platinum, gold, zinc,
and lead are not sufficient to meet demands. At the present rate of
expansion of about 6 percent a year, silver, tin, and uranium may be
in short supply even at higher prices by the turn of the century. By the
year 2050, several more minerals may be exhausted if the current rate
of consumption continues.
Faced with dwindling supplies, one or more of the following alterna-
tive courses of action will have to be followed: Keduce dependence on
the technologies using these materials, seek substitutes, seek new sup-
plies, seek new extractive techniques, or recycle minerals. Mineral
substitutes are being sought by industry, but many minerals are likely
to become so scarce that even the substitutes may have a short life.
Some substitutes present particularly difficult problems. For example,
the widespread use of plastics has created solid waste disposal prob-
lems. Substitutes may not be available at all for some materials such
as mercury and helium which have special properties. Despite spec-
tacular recent discoveries, there are only a limited number of places
left to search for most minerals. Geologists disagree about the pros-
pects for finding large, new, rich ore deposits. Reliance on such
discoveries would seem unwise in the long term. Extraction of minerals
from some large reserves of very low-grade ores may become eco-
nomically feasible in the future. However, the techniques of extrac-
tion themselves may pose significant environmental problems. For
example, the power requirements for extraction may be immense.
That would add to thermal pollution. In addition, the yield of waste
products can be substantial. It seems desirable from the conservation
viewpoint to obtain large fractions of our mineral supplies from
recycling metals.
Statistics on the recycling of scrap metals are presently inadequate.
The contribution of scrap to domestic smelting of iron and lead has
declined since 1960. That of copper has increased from about 37
percent to about 46 percent in the same period and that of aluminum
from 14 percent to 19 percent. There is room for the development of a
substantial industry in recycling.
Recycling of minerals would also appear to be desirable in view of
a lessened environmental impact. The amount of waste products that
must be disposed of is reduced, and the energy requirements for re-
-------
GUIDELINES AND REPORTS 2577
cycling appear to be less than those required for primary production.
In the longer term, there appear to be no adequate substitute to
recycling.
Energy—An Environmental Battleground
The conflicts between the consumption patterns that we all want and
the environmental ill effects that we all wish to avoid is sharper for
energy than for perhaps any other aspect of natural resource use. On
the one hand, everyone wants to use as much electricity as he needs for
consumption or production, whenever he wants it; yet few love a
power plant or a transmission line. Similarly, each individual desires
ample power for pleasant driving; yet no one consciously wishes to
contribute to air pollution and traffic congestion. The prices consumers
pay for these goods and services do not reflect the damages they cause
to the environment.
In recent years there has been a rapid upward surge in demand for
electricity, caused not only by rapid population growth but also
by the successful efforts of utilities and appliance manufacturers to
promote new uses for electricity. For example, since 1964 annual sales
of window air conditioners have increased from 2.75 million units to
almost 5 million.
During the past year, there has been a great upsurge in public
controversy over the locations of new power plants. Public objections
on environmental grounds are delaying construction of new facilities
at many sites. Industry is genuinely concerned over its ability to
meet consumer demands in 1970 and in successive years. Utilities
are producing 75 percent more electricity nationally than they did in
1960. But power reserves in many regions are below the 15 to 20 per-
cent reserve which the Federal Power Commission considers adequate.
The situation in some regions is worse than these national figures sug-
gest, for inadequate capacity is concentrated in some regions; 39 of
the 181 major power systems in the country have reserves of less than
10 percent. Since the Atlantic coast blackout of 1965, there have been
37 major power failures and numerous local power disruptions; in
addition, there have been brownouts in which customers are asked to
restrict their use of electricity. In the spring of 1970, several metro-
politan areas along the Atlantic coast were put on notice that home
power consumption during the daytime would have to be restricted
during the summer.
-------
2578 LEGAL COMPILATION—GENERAL
Part of the objection to po\verplants and powerlines is esthetic; few
regard them as an addition to the beauty of the landscape. But some
of the objection is based on other environmental grounds. High sulfur
coal and oil plants pollute the air with oxides of sulfur and small
particulate matter and thus are a major source of air pollution. An-
other principal problem is their need for cooling water and the effect
of returned heated water on stream, lake, and bay ecosystems. Food
chains can be interrupted if chlorine is required to keep down algae
growth in the circulating chambers. The long-term problem of thermal
effects on air requires intensive study and continuous monitoring,
If a crisis between rising demands for electricity and environmental
ill effects is to be avoided, then a massive effort must be made to find
powerplant locations where both minimum damage to the environ-
ment and maximum public acceptance are possible.
Other sources of energy for electric power generation also present
problems. Hydropower possibilities have largely been exhausted, and
further developments would alter the free-flowing character of
the remaining unaltered streams. Solar energy, tidal generation, and
geothermal sources appear unpromising on a large scale without tech-
nical breakthroughs that are not even on the horizon. The development
of magnetohydrodynamics (MHD) as an energy source is currently
the subject of extensive research. Fossil fuels are finite in amount. The
earth's coal supplies are sufficient to serve as a major source of indus-
trial energy for a few hundred years. Petroleum can be expected to
supply its present large fraction of total power needs for a limited
time. And natural gas is our scarcest fuel resource. Although no crisis
exists this year or this decade, the time is surely coming, perhaps
within the lifetime of persons now alive, when petroleum can no longer
play the major role in providing needed energy. Even coal must some
day yield its large role in energy supply, though that day is further off.
Nuclear power presents a more optimistic picture, for the longer run
future. Although the supply of uranium 235 is limited, the prospects
for development of nuclear breeder reactors capable of consuming
natural uranium and thorium are reasonably good. Renewed optimism
is also felt for the development of nuclear fusion as a major source
of power for a still longer run future. If these sources develop, more
effort will have to be put into the radioactive waste disposal problem.
Petroleum is at present the best fuel for autos, and no commercially
feasible substitute has yet been developed. But petroleum suffers from
several major disadvantages. It is a major source of air pollution,
although the automobile engines of the future may remove most of
-------
GUIDELINES AND REPORTS 2579
this disadvantage. And its transportation presents hazards of pollu-
tion, whether by pipeline from offshore wells, or across land, or by
tanker on the seas. The oil spill off Santa Barbara in January 1969
and many spills in the Gulf of Mexico in later months dramatized
the potential dangers of oil production and transportation. Concern is
great in many quarters over the ecological damage possible from a
pipeline break in the fragile tundra area of Alaska or from a tanker
collision in ice-strewn waters.
All in all, the short-range energy situation seems tolerable with the
exception of the environmental ill effects. The longer run outlook
causes more concern, as does the need to provide the research base and
the climate of public opinion for major future shifts in energy sources.
These research and public opinion factors force us to take a closer
look than the immediate present.
Water—Workhorse of the Environment
Water is used for many purposes: In agriculture, for irrigation;
in industry, as a cooling medium as well as directly in many industrial
processes; in the home, for varied domestic and personal needs; and,
almost everywhere, as a medium for carrying away wastes of all kinds.
The use of water is rising for almost all these purposes in nearly all
parts of the country. For example, in 1969, domestic use of water
increased by about 1.5 percent; agricultural use by approximately the
same amount; and industrial use by about 2.5 percent.
In the past, the Nation has used water lavishly, in part because it
was blessed with a large supply. For many decades, water was the
classic free good, widely and easily available as needed. But that day
has passed, and increasingly stringent water problems are arising.
Present use exceeds, or shortly will exceed, available supplies in much of
California, the arid Southwest, and some parts of the Middle Atlantic
States. Some of the demand has been met by drawing on groundwater
reserves, but this obviously cannot continue indefinitely unless the
water drawn from aquifers is replaced. Groundwater levels have been
drastically lowered in some areas, particularly where heavy irrigation
demands have been met by pumping in excess of recharge. For ex-
ample, in an area 100 by 300 miles in southern California, levels have
been lowered by as much as 200 feet. In some such areas, the surface of
the ground has subsided as the groundwater was drawn out, in turn
producing serious disruptions of activities on the land surface.
-------
2580
LEGAL COMPILATION—GENERAL
U.S. Water Supply and Projected Water Use
Water Use: 1965,1980,2000
Total withdrawals in billion gallons per day
16OO-
1400-
Bil lion gallons per day
'- ' " H» - , ' •*"
* - ~& H " •- "' fi •-" . ' i
WWW—
too*
§
IS
Alaska
580
nous U.S.
:. 'iL7,'v;,
[x^Xxj Shows portion used consumptively
2000
projected
1965
actual
270
'//I*'///.
Water User
Rural Domestic 2.4
Municipal (public supplied) 23.7
Industrial (self supplied) 46.4
Steam-electric power 84.5
Agriculture 112.6
Total 269.6
1980
projected
443
^y//V,
2.5
33.6
75.0
193.3
138.2
442.6
805
ty//%/,
2.9
50.7
127.4
470.4
153.2
804.6
Source: Water Resources Council, 1968 National Water Assessment.
-------
GUIDELINES AND REPORTS 2581
As water use increasingly presses on water supplies, various ad-
justments in its use and reuse will become necessary. The present
lavish use is in large part related to the present low or modest cost of
water. If water costs were higher, many ways to use less water would
doubtless be found. For instance, the technical problems of recycling
cooling water can usually be solved if it becomes profitable to do so.
A relatively modest increase in water price will often be the decisive
factor. This will become particularly important for the electric power
industry, which today is such a large user of cooling water. Industrial
and domestic water can be purified and recycled in most cases if the
cost or availability of water so requires. "Used water," or purified and
recycled water, will necessarily become more common. Unless it does,
large areas in California and elsewhere will face serious water
problems in another decade or two.
As with various other natural resources, the water supply situation
today is not generally critical, although some serious local and regional
situations exist. It is the future suggested by present trends that
provides the greater concern and the need for more effective action
in water conservation.
Forests—A Renewable Resource
Forests are an old natural resource, long of major value to many
people. But today forests are being exposed to now and urgent demands
which create many management problems.
The availability of wood fiber for lumber, plywood, and pulpwood
is reasonably satisfactory. For the past decade or more, the annual
growth of wood fiber has been greater than the annual loss from
cutting, fire, insects, and disease. As a result, timber inventories have
been building up, following many decades when they declined. The
volume of standing timber is normally so large in relation to annual
growth that year-to-year changes in standing volume are not great.
Over the past decade, there were no major changes in stock of timber
or in acreage of forested land.
The situation today only partly shrouds problems that may grow
more intense tomorrow. Future demands in the construction industry
are sure to place increased demands on the Nation's forests. The needs
for housing directly conflict with the interest of those who work to
preserve the forest. In the West, cutting of old growth timber is reduc-
ing timber stands faster than they are growing; in the South and
East, timber is growing faster than it is being cut. But the heavy cut-
-------
2582 LEGAL COMPILATION—GENERAL
ting is in timber species, tree sizes, and log qualities which are not being
grown in large volume. The excess is largely in less desirable species,
consists of smaller and lower quality logs, and is generally less valu-
able wood than that which is being cut. If one considers only
volume of wood fiber, the picture looks good; if one examines the
kinds, qualities, and locations of that fiber growth, a less satisfactory
situation surfaces. Moreover, a great deal of forest land is stocked at
less than optimum, and some land capable of growing trees needs re-
seeding or replanting.
Lumber production, however, is only one of a number of values
realized from the forest resource. Other resource values which forests
provide include watershed areas, wildlife habitat, recreation oppor-
tunities of many types, grazing land for domestic livestock, and local
climatic moderation. Good forest management is no longer synonomous
with timber production. The emphasis increasingly is on multiple use
management, although it is important to recognize that the same piece
of land may not simultaneously support all types of use. The increas-
ing human population places a continually rising pressure on the
forest resource. And a higher degree of planning is required to assure
that these needs are met without severe damage to this resource.
CONCLUSION
Many traditional assumptions are being questioned, and our atti-
tudes toward population growth, economic expansion, and the use of
natural resources are no exception. We have begun to ask what the
optimum population of the nation or of a given metropolitan area
should be. We are looking more critically at proposals for the con-
struction of new power plants or factories and asking what the en-
vironmental effects of such projects will be. We are gaining an in-
creased sophistication about our consumption of natural resources and
a better understanding of the limited availability of natural resources.
We must begin to translate these new attitudes into effective long-
range policies if we are to achieve the goal of a satisfactory environ-
ment.
-------
GUIDELINES AND REPORTS 2583
IX
aLand l/l6e
The first men upon this land, the American Indians, treated it with
reverence, blended with it, used it, but left hardly a trace upon it.
Those who followed have been less kind. They brought witih them a
different creed which called on man to conquer nature and harness
it for his own use and profit.
Now more than halfway into the 20th century what they have done
is being turned back upon them. Misuse of the land is now one of the
most serious and difficult challenges to environmental quality, be-
cause it is the most out-of-hand, and irreversible. Air and water pollu-
tion are serious, hard to manage problems, too. But they are worked at
with standards, with enforcement tools, and by institutions set up
for those specific antipollution purposes. Land use is still not guided
by any agreed upon standards. It is instead influenced by a welter of
sometimes competing, overlapping government institutions and pro-
grams, private and public attitudes and biases, and distorted economic
incentives.
-------
2584 LEGAL COMPILATION—GENERAL
The 50 States comprise about 2.3 billion acres of land. Of that, 1.9
billion acres lie in the contiguous 48 States. Nearly 58 percent of the
land area is used for crops and livestock. More than 22 percent is un-
grazed forest land. Less than 3 percent is in urban and transportation
uses, although it is increasing. Areas designated primarily for parks,
recreation, wildlife refuges, and public installations and facilities
account for about 5 percent. The rest—12 percent—is mainly desert,
swamp, tundra, and other lands presently of limited use by man.
Almost 59 percent of the land is in private hands. Thirty-four per-
cent is owned by the Federal Government. Some 94 percent of all
Federal lands lie in the westernmost States—about half in Alaska
alone. About 2 percent of the Nation's land is held by Indians. The
rest—about 5 percent—is State, city, or county owned.
But land is not just acreage. Land embraces the complex biological
systems of the soil and the plants and animals which are all part of a
continuing life cycle. Man's understanding of these biological process-
es, particularly of the permanent damage that begins subtly with piece-
meal alterations of the land, is still limited. Yet his dependence upon
its stability is enormous.
In the Nation's early history, easy availability of land prodded mil-
lions to join the massive migrations west and along the major river
basins. The wilderness was to be tamed, the trees cleared, and the soil
put to crops. Much of the wilderness is now gone, and most of what is
left is far distant from the three-quarters of the Nation that lives in the
cities and the suburbs. The landscape visible to most Americans is clut-
tered with traffic, neon signs, powerlines, and sprawl. Flood plains are
not just for the river but are subjected to intense development. Open
space, the elbow room for urban man, continues to dwindle. Unfortu-
nately, traditions of land use have derived from an assumption that
land is a limitless commodity—not a finite biological community.
Government spurs much of this land development by where it locates
and how it designs airports and highways, insures home loans, permits
filling of wetlands, and lays water and sewer lines. Local governments
exercise the primary authority over land use. But effective public in-
fluence is hampered by a lack of agreement on objectives, by misplaced
economic incentives, and by failure of local governments to harmonize
land use.
-------
GUIDELINES AND REPORTS
2585
Land Use in the United States
Total tees S&$tate§.-*-23 Billion
Production of
Crops and Livestock
58%
Ungrazed
Forest Land
22%
Desert
Swamp
Tundra
& Limited
Surface Use
Refuges, Parte
Public Installations
Urban & Transportation Uses
Land Ownership in the United States
State, Local
Government
Indian
Tribes &
Individuals
Source: Department of Agriculture.
-------
2586 LEGAL COMPILATION—GENERAL
THE STATUS OF THE LAND
The Urban Environment
Twentieth-century America has known two great population displace-
ments—the first from farms to cities and the second from the cities to
the suburbs. Three out of four Americans now live in urban environ-
ments—in incorporated settlements of at least 2,500 population and in
metropolitan areas consisting of central cities and suburbs. Metropoli-
tan areas alone are home to two of every three Americans, and the
percentage is rising.
Residential patterns in many metropolitan areas resemble a series
of sharply defined concentric circles. T,he decaying inner city houses
the majority of the urban poor, usually nonwhites who ordinarily
have little choice but to stay. Surrounding the inner city are neighbor-
hoods commonly less old and less dense, usually populated by white
working-class families. These families often lean toward leaving the
central city because of rising property taxes, deteriorating school sys-
tems, and racial changes. But they have stayed because they could not
afford the newer suburban housing or because of strong ties to their
neighborhoods. The 1970 census may show some shifts from this pat-
tern. Beyond the city is suburbia. The suburbs are a magnet for those
seeking escape from the burdens of urban life while retaining some of
its advantages. (In some areas the pattern is different; the poor often
live on the fringes, and the affluent in the city itself, and mixed patterns
occur in other metropolitan areas.)
The financial plight of the cities is well known. The influx of the
poor and the exodus of the middle class and the wealthy, among other
factors, have drained the cities of many of their revenue sources.
Public services, such as police protection, park maintenance and sani-
tation, have deteriorated.
The most visible effects of these economic pressures are the rapid
pace and nature of physical change. This is clearly evident in down-
town areas where the constant cycle of construction and demolition
is often considered a city's badge of growth. Pressed for revenues,
many cities bow to the demands of developers to replace historic
buildings and distinctive architecture with almost uniform steel and
glass box office buildings. Unfortunately, this construction may simply
put more people on the sidewalks and more cars on the streets, more
monotonous skyscrapers towering above, and more noise and con-
gestion below. Much downtown rebuilding has furthered the trend
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GUIDELINES AND REPORTS 2587
toward daytime cities with facilities such as offices and banks, which
have no nighttime uses. Cities lose their uniqueness as their historic
buildings and neighborhoods are replaced by the dullest in modern
architecture. The result is often a dreary sameness in the appearance
and character of downtown areas.
Physical deterioration is overtaking the housing in many areas of
central cities. The oldest housing traditionally niters down to the
poorest families as previous occupants better their lot and move
to new apartments or suburban homes. Of the 1.7 million substandard
housing units in urban areas, nearly all lie in central cities. In slum
neighborhoods of some large cities, the amount of abandoned housing
is as high as 15 percent.
With the well-known reliance of the suburbanite on the automobile,
often to commute to the center city, many downtown and other urban
centers have gradually become auto dominated. Much of the change
and reconstruction in downtown areas is for freeways, parking gar-
ages, and lots—lavish users of space. However, the alternative, public
transportation, is constantly frustrated by rising costs, the sprawling
nature of the suburbs, and dependence on the automobile.
Many cities have lost the spirit to attract, people downtown. With
the growing number of shops and other services locating in the suburbs
and with crime threatening many local businesses and frightening
people from the streets, much of the vitality is missing from the central
cities. Many city officials, however, are trying to bring people and
excitement back. Apartments in downtown areas, sidewalk cafes, out-
door concerts, bicycle routes, even saving the cable cars in San Fran-
cisco—all are small but key efforts to recapture this lost spirit.
Rehabilitation, successfully carried out in Philadelphia, and a few
other cities signals that the character of the urban environment can
be revitalized.
Few cities have kept pace with parkland needs. Trees have not been
planted to shade busy avenues at the same rate that they have been
felled for street widening. Too often only a few species are planted,
and they are often blighted by disease and insect invasions so common
to unstable ecosytems. In the Midwest, Dutch elm disease has deci-
mated row on row of beautiful elms.
The immediate economic pressure on a city to permit a parking lot
or building on what might remain open space, or to use parklands as
part of a freeway route, is often insurmountable. Nevertheless, the ac-
celerating cost of land acquisition and the growing need to preserve
open space in a crowded urban environment make the purchase of open
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2588 LEGAL COMPILATION—GENERAL
areas a sound long-range economic practice, which continues to pay
immeasurable dividends. The Boston Common, New York's Central
Park, Washington's Kock Creek Park, San Francisco's Golden Gate
Park, and many other city parks are tributes to the foresight of early
planners in saving large open areas. The protection of streams, ponds,
and marshes within cities permits the survival there of numerous
species of wildlife, including small animals, birds, and waterfowl
which adapt surprisingly well to the urban environment.
Man requires a feeling of permanence to attain a sense of place,
importance, and identity. For many persons in the city, the presence
of nature is the harmonizing thread in an environment otherwise of
man's OWTI making.
The Suburban Environment
Although rural to urban migration was primarily economically moti-
vated, the suburban impulse is largely a matter of social preference.
Because of economic and social obstacles, these population shifts have
affected the races unequally. Eighty percent of the blacks in metro-
politan areas now live in central cities, while 60 percent of the metro-
politan whites live in the suburbs. Zoning practices, subdivision con-
trols, and the higher costs of suburban living have made it difficult
for lower income minority groups to move from the city to the suburbs.
From 1950 to 1969, while the population of central cities increased
only 12 percent, the population of suburban areas soared 91 percent.
By 1969, there were 71 million suburbanites and 59 million central city
residents.
The suburban tide—Since the late 1800's a blend of town and
country has stood for the optimum residential environment. The sub-
urb is thought to offer the best of both worlds. Besides enjoying
ready access to the large city with its concentrated economic and cul-
tural facilities, the suburban resident seeks a crime-free neighborhood
amid clean air, open lawns, and quiet and uncrowded living. Street-
car and occasional subway lines started what at first was but a trickle
of people from the central cities to the outskirts of town. The Federal
Government quickened the outward flow after World War II by pro-
viding mortgage assistance, which enabled many central city residents
to become suburban homeowners. Later the vast urban freeway sys-
tems turned the flow into a flood. The automobile now controls sub-
urban life.
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GUIDELINES AND REPORTS 2589
To the couple living in an apartment downtown, the birth of a
second child is a common signal to abandon the city. And often fam-
ilies with school-age children leave for the better educational systems
of the suburbs. As industries convert to modern, single-flow assembly
production processes, manufacturers also forego the city for rambling
suburban plants. Since World War II, space needs per industrial
worker have quadrupled, and three of every four new manufacturing
jobs have been created in suburbs.
Each year, expanding urban areas consume an estimated 420,000
acres of land in an undiscriminating outward push. Development
moves out from the city along transportation corridors, branching
out from the highways and expressway interchanges. Extension of
water and sewer services generates whole new developments on
quickly divided farms. After outlying areas are built up at moderate
densities, developers often return to land which was passed over as
undesirable or too costly in the first wave.
Many suburban communities zone to assure that house lots are
large and apartment houses few, a practice that assumes that land is
abundant. This zoning practice, in seeking to attract moderate to
high income families, tends to exclude those in greatest need of the
jobs opening in the suburbs. Excluding them deepens the concentra-
tion of poverty and unemployment in the central city ghettos.
Highways and freeways become congested as the tide of suburban
commuters to the city grows. This congestion, together with the
lengthening distances from suburban homes to downtown offices pro-
duces tension and robs the typical suburbanite of time with his family.
The impact of growth—Although the impact of the rural-to-suburban
shift of land use varies greatly throughout the country, certain effects
tend to be common to this change. Open space is continuously eaten
up by housing, which, with most present subdivision practices, pro-
vides few parks but instead only offers each family its indi-
vidual front and back yard. Space is likewise diminished by other
facilities required by suburban development. Shopping centers and
highway interchanges, made necessary by dependence on the auto-
mobile and truck, consume large portions of land. Airports, com-
monly constructed in suburban or exurban areas and constantly grow-
ing in size and number, pose similar problems on an even larger scale,
attracting a vast conglomeration of light industry and housing. Con-
sequently, the growing suburban population finds less and less public
open space.
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2590 LEGAL COMPILATION—GENERAL
Building and construction practices, together with the quickened
pace of development and complementary zoning, often end in severe
abuse of the land and are ultimately costly to the public. The popular
practice of stripping subdivisions of all cover before commencing con-
struction destroys tree and plant cover and can trigger heavy soil
runoff. Sedimentation from this runoff in urbanizing areas loads near-
by streambeds and ultimately river channels. This can cause costly
downstream dredging, upstream flood control and destruction of the
esthetic quality of lakes and rivers.
Public pressure for flood control projects is often spurred by subur-
ban development along flood plains, which usually contain fertile soil
supporting an abundant variety of native plant and animal life. Con-
struction over aquifer recharge areas, where the groundwater is nor-
mally replenished, accelerates rapid runoff, increases flooding, and
contributes to water shortages.
Suburban development often spreads across ridges and slopes which
should be left alone because of their beauty and because their trees and
plant cover absorb rain and inhibit flooding. Trees are not only im-
portant for their esthetic qualities and as habitat for birds and wild-
life, but they affect temperature and air pollution as well. Building
on steep slopes can affect soil stability, causing severe erosion which
then undermines foundations. Nevertheless, few cities or counties ade-
quately control development of flood plains, steep slopes, or land above
aquifer recharge areas. Important data concerning aquifers, subsoil
composition, cover, wetlands, and wildlife are not considered by many
planning and most zoning boards.
Esthetically, this current pattern of growth triggers at least three
adverse consequences. First, much commercial development along
roads and highways through suburbs is of cheap and unimaginative
construction. Gaudy neon signs, billboards, powerlines, and clutter
characterize this development. Second, many residential subdivisions
are visually 'boring—block after block of treeless lawns, uniform set-
backs, and repetitious housing designs and street layouts. Finally,
wooded streambeds, slopes, and ridges, which could help break the
monotony of uniform housing developments, are often destroyed.
The future—Many local governments and developers are learning
that careful site planning can forestall abuse of the natural environ-
ment and help meet both housing and environmental goals.
The combination of open space with cluster zoning or planned unit
development lowers the initial community service costs because of
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GUIDELINES AND REPORTS 2591
smaller networks of roads and utilities, and it makes a more livable
environment for the long term. These developments can vary from
new satellite communities like Columbia, Md., to small, sensitively
designed clusters of townhouses around a common green. The chal-
lenge is to change traditional ways of building and development and
to break down the economic and institutional barriers that obstruct
widespread use of these innovations.
The Rural Environment
Although polls have consistently uncovered a strong American pref-
erence for life in small towns and rural areas, the last few decades
have seen a huge exodus to urban centers. About half of the Nation's
3,000 counties, most of them rural, lost population between 1960 and
1970. Of the 53 million Americans living in rural areas, the number
1 iving on farms ,has dropped below 10 million. The remaining 40-odd
million rural residents live in villages and towns of less than 2,500
people or on small plots of country land.
Changing rural land use—Statistics on rural land use show con-
flicting trends. The Department of Agriculture estimates that 2 mil-
lion acres of land each year, excluding surface mining, are converted
to nonagricultural use. Half of this is shifted to such uses as wildlife
refuges, recreation areas, and parks. The other 1 million acres are con-
verted to more intensive uses. Of that, 160,000 are covered by highways
and airports. An estimated 420,000 acres become reservoirs and flood
control projects. The remaining 420,000 acres are developed for urban
uses. About half the national acreage converted every year to urban
uses is cropland and grassland pasture. The rest is forest and other
land.
Food and fiber production by U.S. farmers in 1967 exceeded by 38
percent the 1950 volume. Yet during the same period the number of
farms diminished by 2.5 million, and the number of acres harvested
declined by a net of 34 million. In 1969, about 334 million acres of land
produced all the country's crops for domestic consumption and export.
Another 98 million acres of cropland lay idle, in soil improvement
crops or in pasture.
From 1944 to 1964, roughly 22.5 million acres were brought into
production through private and Government-assisted drainage and
irrigation programs. At the same time, in parts of the East not yet
urbanized, much of abandoned cropland changed to grassland. It
was managed as such for pasture or simply left idle in the first stage
-------
2592
LEGAL COMPILATION—GENERAL
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GUIDELINES AND REPORTS 2593
of natural revegetation. Some of this land now is undergoing or has
passed through grass and brush stages to a final forest state.
Effects—The agricultural land use pattern today reflects a highly
technical, mechanized, and product-specialized food and fiber indus-
try. It has used the most productive land in the Nation, and it has
altered other lands for crop production through vast Government
expenditures—often at the expense of marshes, swamps, and bottom
lands needed as waterfowl and wildlife habitat. The impact that this
highly intensive use of land has on the preservation and diversity of
our wildlife and on the integrity of our soils is just beginning to be
understood.
Much of the character of farming today is dominated by monocul-
ture, the production of single cash crops. Monoculture has increased
production efficiency but has reduced the plant and wildlife diversity
essential to a stable ecosystem. These less complex ecosystems are
highly susceptible to attack by insects and diseases which can deva-
state a standing crop or single species regionwide. Moreover, mono-
culture has forced a heavy dependence on pesticides and fertilizers.
Farmland near cities is increasingly disappearing into suburban
development. The scenery of diversified rural landscapes—with their
fields and hedgerows and woodlots—is an important esthetic resource,
particularly to urban populations. Although not entirely comparable,
much of the charm and beauty of European countrysides derives from
such landscapes. Unfortunately, insufficient effort has been made to
keep the most attractive rural lands near cities from being consumed
in the massive conversion to urban life.
The Coastal Environment
In the land and water areas of the American coasts lie some of the
most fertile parts of the environment. The coastal zones, which include
beaches, estuaries, tidal flats, bays, marshlands, lagoons, and sounds,
with their adjacent lands, comprise areas of great biological diversity
and productivity. The coastal zone includes urban, suburban, rural,
and natural areas and faces all the problems of each. It is, however, a
unique system which has important national significance and is sub-
ject to intense and conflicting manmade pressures.
Its surface is relatively small—only 15 percent of the U.S. land area.
But 33 percent of the Nation's people are concentrated on the coasts,
four-fifths of them in urban areas. While the national population in-
-------
2594 LEGAL COMPILATION—GENERAL
creased 46 percent from 1930 to 1960, the population in coastal counties
increased by 78 percent.
Life at the edge—Because of the natural mixing of fresh and salt
waters, the estuarine environment produces a wide variety of living
organisms, from microscopic species to large numbers of fish and shell-
fish, birds, and mammals. Many species, such as clams and oysters,
spend their entire life cycles in the estuaries. Others, particularly
shrimp, migrate from the sea to estuarine nursery areas. In these rich
waters, they grow to sub-adult size before returning to the sea to com-
plete their life cycles. The anadromous species, such as salmon and
striped bass, pass through the estuaries to their spawning grounds
farther upstream, and the young return through the estuaries to the
ocean. At least two-thirds of the animal populations in the oceans spend
an essential portion of their life cycle in estuarine waters or are de-
pendent on species that do. Innumerable waterfowl and shorebirds
depend on the plant and animal organisms of the coastal zone for their
food. Many winter and nest in these waters.
The base for all animal life in estuaries is the abundant variety of
plant growth, from mangroves to eelgrass and algae. They are sup-
ported by the mixing and flushing action of the tides and the organic
nutrients which collect to produce the rich bottoms and wetlands.
While estuarine zones are physically varied, they all share the slow
mixing action of the seaward flow of fresh water with the landward
tides of the sea. Because of the concentration of people within the
coastal zone, the estuaries receive large volumes of all kinds of waste,
which are thereby trapped and concentrated. When estuarine waters
are polluted, vast numbers of important fish and shellfish are affected
as well as the numerous birds, reptiles, and other wildlife which are
part of this food chain.
The conflicts—Competition for the use of the limited coastal zone is
intense. Shipping activities are increasing, with larger vessels needing
deeper channels. Mining and oil drilling in coastal waters grows daily.
Urban areas expanding throughout the coastal zone continue to enlarge
their influence over these waters. Industrial and residential develop-
ments compete to fill wetlands for building sites. Airport and highway
construction follows and further directs growth patterns in the coastal
zone. Recreation—from enjoyment of the surf and beaches to fishing,
hunting, and pleasure boating—becomes more congested as available
areas diminish. Since over 90 percent of U.S. fishery yields come from
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GUIDELINES AND REPORTS 2595
coastal waters, the dependence of the commercial fisheries industry
on a stable estuarine system is obvious.
Although some uses of coastal areas are undoubtedly necessary,
many are not. Much industry, housing, and transportation could be
sited elsewhere.
Dredging and filling—Besides water pollution, the major adverse
effect on the coastal lands and waters stems from physical alteration of
submerged and adjacent land and habitat—particularly the shallow
marshes and wetlands. The major alterations of wet and submerged
coastal lands comes from draining, dredging, and filling. Cumulatively
these actions can entail the disappearance of the essential food base for
practically all organisms in these waters.
The consequences of dredging and filling, because they often repre-
sent a series of incremental activities, do not usually become apparent
until much of the permanent damage is done. Some 2 million to 3 mil-
lion waterfowl used to nest and feed in San Francisco Bay before a
large part of it was gradually filled. Their numbers are now down to
less than 600,000. The State of California, with support from citizens
and communities in the Bay area, has now formed the Bay Conserva-
tion and Development Commission to provide regional control over
that irreplaceable estuary.
To the developer with little appreciation of the biological impor-
tance of estuaries, wetlands represent attractive waterfront acreage
in particular demand by industrial and commercial concerns and home
buyers. Relatively inexpensive to dredge, fill, and bulkhead for build-
ing sites, shallow wetlands attract many industries which are not
dependent on waterfront sites but which find an economic advantage
in developing these low-priced lands. Too often local governments
acquiesce, anticipating the increased tax revenues. Consequently, nat-
ural coastal areas are being nibbled away. The long-range economic
and ecological costs of this process are borne not just by the particular
local community but by the people of the State and the region, and no
less by the rest of the Nation.
The vacation industry—A growing part of the development pattern
spreading throughout the coastal zone is the growth of vacation homes.
The Department of the Interior has estimated that over 68 percent
of the total recreational property values along the coasts and Great
Lakes are accounted for by shorefront homes. They occupy over 90
percent of the recreational lands on developed coasts.
-------
2596 LEGAL COMPILATION—GENERAL
Only 6 percent of the land that can be classed as recreation shore-
line is in public ownership, and not all of that is accessible to the
public, particularly the many miles of Department of Defense
holdings.
Management—Ownership of the wetlands in many States is a con-
fusing tangle of State, local, and private claims, and in some coastal
States valuable State-owned wetlands have been transferred to private
interests for the specific purpose of development. Likewise, restrictions
on development of the contiguous lands and wetlands are, with some
exceptions, inadequate. Only a few States, notably Massachusetts, Con-
necticut, and North Carolina, have wetlands protection la\vs which
require permits or other controls before alterations can be made to
private coastal lands. Even fewer States have exercised any statewide
powers over the contiguous dry lands. Hawaii, Wisconsin, and to some
extent, Oregon, are among the exceptions.
The most important Federal permit authority affecting coastal
zones is held by the Army Corps of Engineers. Dredging, filling, and
all other structural changes in navigable waters require Corps permits
under the Kivers and Harbors Act of 1899. The Fish and Wildlife
Coordination Act and an inter agency agreement also provide for re-
view of all Corps permit applications by the Department of the In-
terior and State fish and game agencies. Their role is to review fish and
wildlife, water pollution, recreation, and other environmental con-
siderations. The National Environmental Policy Act of 1969 bolstered
the authority of the Corps to consider all environmental aspects of a
particular permit application. And the Water Quality Improvement
Act of 1970, as a condition to granting permits, now requires State
certification that the particular activity will not violate State water
quality standards.
The Administration has recommended legislation to Congress to
assist the Great Lakes and coastal State governments to manage and
protect their coastal resources. The proposed legislation seeks to
encourage these States, in cooperation with local units of government,
to prepare and implement comprehensive land use plans for their
coastal zones. To be eligible for Federal grants, the States would be
required to assume regulatory and eminent domain powers. At a
minimum, this would assure that local zoning actions would comply
with statewide plans. Further, public notice, public hearings, and
review of all Federal and federally assisted State and local projects
would be conditions of grant eligibility.
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GUIDELINES AND REPORTS 2597
The Natural Environment
Natural plant and animal communities—besides satisfying man's
yearnings for beauty and recreation—perform indispensable roles in
his welfare. Wild areas are part of man's past and essential to his
future. The biological rhythms of modern man, which shape his life,
are often tied to the natural forces beyond his urban surroundings.
And yet wild areas are not fully free from man's influence. Some—
for instance, where man is present for short periods and leaves hardly
a trace—are little influenced. Others—lands actively mined, logged,
or grazed—are heavily influenced.
For many years, the American people have realized that the most
unique and spectacular of these natural areas should be protected and
saved by Government.
The Federal lands—Management of most Federal natural lands falls
under four agencies:
Million
Department of the Interior: wes
Bureau of Land Management 470. 4
Fish and Wildlife Service 30. 5
National Park Service 27.1
Department of Agriculture: Forest Service 186. 9
Many other forests, parks, and recreation and conservation areas have
also been set aside by State and local governments and by citizens'
groups with an interest in the natural environment.
Their management varies from protective preservation to multiple
use. Most of the Federal lands are managed to combine outdoor recre-
ation, range, timber, watershed, and fish and wildlife uses. Many of the
management programs permit the extraction of oil, gas, and other
minerals; others aim primarily at esthetic values. Although Federal
land management is meant to maximize public benefit and not to reflect
only economic gain, land management agencies have been criticized
for policies that overemphasize developmental values.
As other natural areas are staked out for intensive resource devel-
opment, they are bound to come into even more serious conflict with
preservation and recreational interests. Statutory resolution of many
of these potential conflicts may be necessary, as may administrative
reforms by the Executive Branch. The report of the Public Land Law
Review Commission will serve as a focus for the debates that will
shape such changes. The report has just been published at the time of
this writing; consequently, a review of its findings and recommenda-
tions is not attempted here.
-------
2598 LEGAL COMPILATION—GENERAL
Federal lands managed primarily for the protection of their natural
characteristics and the preservation of their fish and wildlife can take
only so much use by man. Allowing people to enter these areas in large
numbers must be weighed against their impact on the region's ecology.
Protected areas must be managed so that constraints are placed on
certain uses, including recreational uses requiring motorized transport,
The wilderness system—Some large areas under Federal control are
expressly set aside as wilderness. The Wilderness Act of 1964 already
protects approximately 10 million acres, although less than one percent
of this is east of the Mississippi River. The Wilderness Act requires
the Secretaries of Agriculture and the Interior to submit plans to
Congress for including in the National Wilderness Preservation Sys-
tem additional natural areas having substantial wilderness qualities
and presentlymanaged by the Forest Service, the National Park Serv-
ice, and the Fish and Wildlife Service. These areas are to be of sufficient
size, permanently roadless, and without commercial development.
Delays in setting aside wilderness areas, especially those within
national parks, have stirred a public controversy. Sixty Forest Service
areas have already been designated by Congress in accordance with a
10-year plan to have all wilderness areas set aside by 1974. But not a
single National Park area and only one small area in a National Wild-
life Refuge have been officially designated. The process of designating
wilderness areas requires surveys and master planning by the lead
agency, followed by public hearings, before the proposals go to Con-
gress. Conservation groups have complained that the Federal agencies
are not adequately staffed to complete the planning and hearing pro-
cedures. Conservation leaders also have criticized Forest Service and
Park Service proposals for not including some additional areas with
outstanding wilderness qualities in their recommendations for Wilder-
ness Act protection.
Scattered throughout the Federal lands under various agencies are
336 "research natural areas"—a specific classification for lands left
undisturbed for purposes of research and education. A number of
ecosystems, however, such as the tall grass prairie of the Central
Lowlands, are sparsely represented or are not included at all. Plans
are now under consideration to add approximately 300 areas so that all
major ecosystems will be represented.
Acquisition of natural areas—The major source of funds to purchase
most Federal natural areas is the Land and Water Conservation Fund.
Revenues for it come primarily from a tax on motorboat fuel, sale of
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GUIDELINES AND REPORTS 2599
surplus Federal property, Treasury appropriations, user fees from
Federal recreation areas, and—to bring the total to $200 million each
year—Outer Continental Shelf mineral receipts. For the first time, the
full authorization of $200 million is being requested by the President
for appropriation in fiscal year 1971. The President has also asked that
the unappropriated balance from past years be tapped to increase
funding for 1971 to $327 million, compared to $124 million in the 1970
budget. Finally, the Administration has recommended raising the $200
million annual authorization of the Fund to $300 million. This would
take effect in fiscal year 1972.
Over half the allotment from the Fund this year will go to the
States and through the States to local governments. These funds are
matched dollar-for-dollar by the States for the planning, acquisition,
and development of outdoor recreation areas. The remaining funds
are budgeted for land acquisition by the Federal Government to the
National Park Service, the Forest Service, and the Bureau of Sport
Fisheries and Wildlife (for rare and endangered species' habitat and
for recreation lands adjacent to wildlife refuges). Major recent
Federal purchases have been made from the Fund, notably the Red-
wood National Park in California and land within the national sea-
shores. The new funding requested by the Administration will permit
the Government to consolidate and protect many other important
natural areas, including Point Reyes National Seashore in California.
The Migratory Bird Conservation Act of 1929 authorizes the Gov-
ernment to purchase additions to the 30-million acre National
Wildlife Refuge System. Funds for this come mostly from the Migra-
tory Bird Hunting Stamp Act of 1934, which requires all waterfowl
hunters to purchase a Federal hunting stamp. Although about 25 mil-
lion acres in the present 328-unit system are Federal lands which were
withdrawn for refuge purposes, most of the national wildlife refuges
acquired in the past 15 years have been bought with funds from sale
of these "duckstamps."
Crowding—Natural areas under the direction of the National Park
Service have become immensely popular with the millions who visit
them each year. Yet the enjoyment diminishes as the number of tourists
rises. Some of the more popular natural areas in our parklands have
become clogged with traffic, noise, litter, smog, and most of the other
elements of our technological society from which the visitors are trying
to escape.
-------
2600 LEGAL COMPILATION—GENERAL
Identifying the best mix of uses for natural areas is difficult because
scales for measuring esthetic value and natural phenomena are elusive.
In the future, limits on use may have to be set at crowded parks or
in ecologically fragile areas. California has attempted a system of
advance reservations in some of its crowded camping areas in State
parks. Some national parks may soon follow suit. Control of auto
traffic will be forced upon many areas to preserve the values that the
park or forest seeks to maintain. Alternative modes of transportation
may be necessary. Yosemite National Park, long threatened by over-
crowding, has excluded cars from the eastern part of the valley and
converted other roads to one-way traffic. Where traffic is prohibited,
access is provided by small buses. As Americans are more frequently
attracted by their natural heritage to places where they can know na-
ture firsthand, controls of these kinds will become more common.
Exploitation—Timber is cut and sold from the national forests, and
to a lesser extent, from lands administered by the Bureau of Land
Management. This use is a growing one. Cattle and sheep are permit-
ted to graze on approximately 273 million acres of Federal land. Min-
eral leasing, mostly oil and gas, now uses over 64 million acres. Most
of the public lands are open for recreation in one form or another.
Across all these lands are spread diverse habitats which support varied
species of wildlife.
Overgrazing, widely practiced during the latter part of the 19th and
early parts of the 20th century—and still a problem today—has dra-
matically affected these lands. The semiarid and arid climate of the
West has added to the destruction. Dry years have usually coincided
with falling market prices. And when that has happened, cattle and
sheep ranchers short of cash have often overstocked already depleted
ranges. Much of this land, particularly the vast public domain, re-
mains today in desperate condition, as wind, rain, and drought have
swept over them and eroded their exposed soils. Although the effects
of overgrazing in rich pastures or prairie farmland can be quickly
corrected, the process is often irreversible on the limited soils and
arid climate of much of the public lands.
What overgrazing does to the soils and habitat of the vast range
lands, poor lumbering practices do to the forests. Mismanagement of
timber cutting, in addition to being an eyesore, can also damage nat-
ural systems far beyond the forests. Debris and erosion of the limited
soils of the forested West often choke streambeds far downstream.
The tendency toward monoculture for the benefit of lumber and
-------
GUIDELINES AND REPORTS 2601
pulp has its environmental results. Not the least of these is the loss of
many native species. The greatest loss of timber is not from fire and
disease but from insects, which can devastate large forests of single
species. Widespread application of insecticides often follows.
Wildlife—Ultimately these and other uses of the Federal lands fall
most harshly upon things wild and free, for protecting1 and improv-
ing habitat is the key to saving wild species.
Wildlife protection in the United States today paints a complex
picture. The populations of most game species are high, and their
status constantly improves, particularly deer, elk, and various game
birds. However, until recently, nongame species of wildlife have been
largely ignored and their condition is less well known.
Wildlife in the United States has long been equated with "game"
and most public attention, research and management efforts have
been directed towards species of sport value. However, trends indicate
that persons wanting only to observe wildlife are likely in the future
to outnumber hunters. Unfortunately, this change in public attitude
has not yet been reflected in increased funds for nongame species. In
1969, total funding from all sources—Federal, State, and private—
aimed at wildlife research, management, and habitat protection was
about $142 million. Only $6 million of that was clearly related to non-
game species.
Nevertheless, sportsmen in this country have contributed impres-
sively to wildlife preservation through the Government use of duck
stamp revenues, and tax revenues on sporting arms and ammunition to
heavily support State fish and game agencies. Numerous outdoor or-
ganizations have also helped conserve land and teach wildlife con-
servation to their members and the public.
As a group, the large predators stand in greatest danger of extinc-
tion. The belief that most predators should be exterminated was cen-
tral to the early days of ranching and wildlife management. In some
areas this unfortunate belief endures. There are still strong pressures
on State and Federal wildlife agencies to continue predator control
programs for certain bird and mammal species, despite their dimin-
ishing numbers and their importance in making room for young,
vigorous animals by killing off the old, the Aveak, and the sick. None-
theless, most States are making progress in providing legislative pro-
tection for the large predators. Some notable exceptions are Arizona,
where mountain lion hunting is not controlled, and Alaska, where
bounties are still paid for wolves.
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2602 LEGAL COMPILATION—GENERAL
Threatened species are getting more attention at Federal and State
levels, but limited funds still restrict effective management and re-
search. The new Endangered Species Act should strengthen control
over marketing illegally obtained species. It also will place the United
States in a better position to cooperate with other governments in
the protection of their threatened wildlife. Its effect is already
visible in the diminished poaching of alligators in the Everglades.
Their numbers have increased because of it.
The emphasis here is on wildlife. Fish are dealt with in the water
pollution chapter and in the foregoing section on the coastal zone.
Unfortunately, the status of fish and shellfish species is less known
than that of terrestrial wildlife.
Epilog—These pages have tended to emphasize the worst effects of
grazing, lumbering, recreation, and other uses. The point is that many
uses can be compatible and often are. Many modern timber practices
can improve forest conditions, and increasing numbers of stockmen
are sensitive to range conditions. It is the excess, promoted by over-
emphasis of the short-term economic gain, which needs curbing.
The lesson of man, of land, and of wild things is hard to learn. Aldo
Leopold put it well: "A land ethic of course cannot prevent the altera-
tion, management, and use of these resources, but it does affirm their
right to continued existence, and at least in spots, their continued
existence in a natural state."
THE INFLUENCE OF GOVERNMENT
As the Nation has grown, so have the number of local agencies em-
powered to decide how land is used. But because of their limited geo-
graphic scope, they cannot provide anything resembling a land use
system. The narrow authority of each permits it to ignore what the
decisions of all will do to the natural and human systems regionwide.
Land Use Controls
Public officials can now call upon a growing inventory of sophisticated
land use tools at local, regional, and State levels. But often these devices
are little used, and seldom in a way that rationally shapes or directs
development.
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GUIDELINES AND REPORTS 2603
A wise mix of land use techniques and powers can often balance
private economic interest and public benefit. However, the relative
importance of particular devices depends on the degree and nature of
the control desired at a specific time in a given community.
Conflicts among the rights of an individual landowner, his neigh-
bors, and the community should be resolved by the unit of government
best able to take into account broad regional interests. Urban growth
has outstripped the ability of small government units to handle en-
vironmental decisions that have metropolitan, regional, or even state-
wide impact. To offset this, many State governments have begun taking
back some of the land use powers that they had delegated to muni-
cipalities. .Although it has been long in coming, Americans are recog-
nizing the need to examine carefully what government can do to assure
that land is treated as a resource to be managed and not merely as a
commodity to be marketed.
The police power—This term covers a wide array of land use devices
designed to protect the welfare of the general public. They limit the
free use of property rights in return for protecting the general com-
munity. All exercises of the police power have a common character-
istic—they are subject to easy change. This is a disadvantage of the
power as a land use tool—although flexible, its exercise may be only
temporary.
Zoning—Zoning is the major police power employed to control land
use. It classifies and segregates the land according to the permitted
uses. It can curb those uses up to the point of taking private property
without compensation. Within each classification, zoning can set limits
on the nature, extent, and improvement of land. Although it has
worked in well-established communities where there is little land
speculation or pressure for new commercial facilities, it has had less
success preserving open space or channeling growth in developing
areas. While ideally zoning should implement sound land use plans,
it does not necessarily do so. It is usually honored in the breach by
the granting of variances or amendments once the pressure of devel-
opment is on.
The close relationship between the land developers and members
of zoning boards in many jurisdictions often jades public confidence
in zoning as a tool for sensitive land planning.
In many suburbs zoning has become a device to exclude less desir-
able residential, commercial, and industrial newcomers. In such com-
munities, it is used primarily to discourage the kind of development
that will cost more in municipal spending than it will pay in property
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2604 LEGAL COMPILATION—GENERAL
taxes. This often means that apartment houses which accommodate
large families, public housing, and even one-family homes on small
lots are outlawed because they raise the tab for schools, parks, and
other public facilities without bringing in commensurate revenues.
Zoning accomplishes this by limiting construction to single family
homes on large lots with large side yards and setbacks.
Subdivision controls—Subdivision controls embody some of the most
promising tools for regulating urban growth. They comprise all the
local ordinances and regulations that tell the landowner what he can
and cannot do in dividing his land into lots and selling them or devel-
oping them. Where controls are used solely to benefit the developer
economically, they can lead to tedious and unattractive developments
with uniform setback and lot size, unimaginative street patterns, and
little provision for open space or for commercial facilities within
walking distance of homes. On the other hand, when subdivision con-
trols permit cluster development, open space preservation, planned
unit development, and other imaginative innovations, they can bring
a sense of community and vitality. The flexibility of subdivision con-
trols allows increased sophistication in the development of urban and
suburban areas. For example, by the proper use of timed development,
a community places all of its expenditures for new public utilities
and services in one geographic area at a time, allowing for ordered
growth at lowest public cost.
Sewer and water permits—Before water and sewer service may be
extended to new housing and other facilities, most communities re-
quire certification that public capacities are adequate to supply the
services and that equipment and other facilities on the property meet
local specifications. When combined with adequate control over the
use of wells and septic tanks, these permits can dictate the pace and
direction of urban growth. Nevertheless, sewer and water lines today
more often are installed in response to already uncoordinated and
poorly thought-out development.
Suburban and regional shortsightedness has left some towns with
inadequate water supplies and sewage treatment facilities for new
residential, commercial, and industrial growth. Because of stricter
enforcement of water quality standards, it has been necessary for
regional and State authorities to prohibit further sewer hookups in
large parts of several metropolitan areas, including Washington, D.C.,
Cleveland, and the northern New Jersey urban region. The disruptive
conditions which led to these recent decisions dramatize the need for
proper land use planning techniques to assure a predictable rate and
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GUIDELINES AND REPORTS 2605
direction of growth and development and to prevent economic hard-
ship for builders, businessmen, industrial concerns, and homebuyers.
Eminent domain—Eminent domain gives to government the right to
acquire lands. It is an outgrowth of the old English common law
principle that the Crown held ultimate power to buy any lands in the
realm and, the landholder unwilling, to seize them and pay compensa-
tion. The right of eminent domain in this country likewise may be
invoked in the case of a reluctant seller, provided the property is used
for the public benefit and there is just compensation. Urban renewal
and highway construction projects have used eminent domain to
purchase vast numbers of properties. But eminent domain is also
available for smaller public benefits—such as purchasing an easement
for access to a public beach or preserving an historic building.
Land purchase or acquisition of limited land rights by a public
body is, in theory, an effective way to control urban sprawl. But
so far, little of this has been done, either to assemble large parcels for
proper development or to preserve open spaces. For financial and polit-
ical reasons, local governments in rural areas have not acted while
prices are still low and unaffected by urban pressure. Once an area
starts urbanizing, local governments are unwilling and often unable
to pay the inflated land prices. By that time, it is also too late to pur-
chase limited rights, such as scenic easements to preserve the land, be-
cause they often cost nearly as much as full purchase.
The planning function—Comprehensive urban planning is a commit-
ment by government to help foresee and direct growth and change
within its borders. With it development decisions can be made more
knowledgeably. Planning is a natural extension of the traditional
goals of police power and eminent domain power to promote public
welfare. When planning determinations affect private property, they
require the same standards of reasonableness and fairness to the
owner.
Planning has often been misunderstood. The public often fails to
understand that a comprehensive plan is a living, changing mecha-
nism and not a static set of maps. Many citizens believe that the plan-
ning process has ended when the municipality approves a master plan.
The long period of time required to prepare land use, public facilities,
and transportation plans for large metropolitan regions has caused
many citizens to regard planning as an academic exercise. Often this
feeling is only strengthened by those planners who ignore the opinions
of local residents. However, growing numbers of cities, metropolitan
areas, and regions adhere to and implement their plans. As planners
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2606 LEGAL COMPILATION—GENERAL
begin to take greater cognizance of public attitudes, the value of plan-
ning as a predictive and directive tool may be better understood.
Planning has been criticized because it has often been unable to influ-
ence important land use decisions. This is not necessarily the fault of
the planning process, although in many communities the planning
organization is often pressured to conform its plan to unwise develop-
ments. It may be due instead to inadequate institutional arrangements
that have been made to implement the plan. In many localities, the
planning bodies are distinct from the action agencies. Consequently,
the planning function becomes little more than advisory, and the plan-
ning office spends inordinate time and resources inside city hall lobby-
ing the departments possessing the large budgets and the authority.
Finally, planning efforts to direct all development forces in a
rational manner are often inadequate. What should be "comprehen-
sive" sometimes deteriorates into a complementary set of specific func-
tional planning goals for transportation, open space, schools, or some
other single goal. In the process perspective is lost. Economic growth
and efficiency become design criteria. Environmental aspects are often
neglected for short-term economic gain. Planning that is not compre-
hensive and long range cannot hope to evaluate ecological factors
properly.
The role of private agreements—Covenants, conditions, easements,
and like restrictions on property use comprise a special set of land use
devices which traditionally have been employed by neighboring prop-
erty owners. Recently they have also been invoked by government and
private groups to protect land. For example, citizens of several towns
in Massachusetts have executed agreements with local conservation
trusts, funded in part by the towns, to protect their wetlands from
further development. Covenants, conditions, and easements can be
tailored to carry out specific purposes. They are well established in the
law and continue in their effect even if the property is sold.
Permits—The Federal and sometimes State Governments require per-
mits for a range of activities on land and submerged lands. Although
the control of individual land use decisions regarding private land is
primarily local and varies widely, these permits may influence major
growth patterns and economic development.
Federal permits are issued when public lands are involved. Leases,
use permits, and licenses are granted to extract oil, gas, coal, and cer-
tain other minerals, and for grazing, recreation, and timbering. These
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GUIDELINES AND REPORTS 2607
permits affect not only the public lands, but also may influence the use
of nearby privately owned land.
The permit authority of the Army Corps of Engineers is a signifi-
cant tool in land use decisions affecting navigable waters in the United
States. These permits are discussed in this chapter in the section on
the coastal environment. Some States have enacted legislation requir-
ing permits for alteration of wetlands, bottomlands, and in some cases
adjacent land areas. The trend is toward stronger State controls on
dredging, draining, and filling of coastal areas.
Tax Policy
Tax policy is a vital cog in deciding income and profit for land in-
vestors, suburban developers, urban developers, and landlords—the
big influencers of land use. Taxation therefore is an essential tool in
shaping the manmade environment and preserving the natural
environment.
Local property tax—A major cause of the decline of services in some
core cities is the loss of actual and potential tax revenue when resi-
dential, commercial, and industrial development spreads to the sub-
urbs. With strict zoning and subdivision controls, many suburban com-
munities exclude all but those who will add more to the tax rolls than
they will require in municipal expenditures. Rather than finance gov-
ernment activity for the benefit of all people in an interrelated urban
complex, the property tax has abetted local isolation from regional
land use problems.
Assessment procedures have improved in many municipalities, but
more reform is necessary for a fair spread of the tax burden. At present,
land in urban areas tends to be undervalued and the improvements on
land overvalued for tax purposes. Consequently landowners in urban
areas are discourged from restoring structurally sound buildings or
replacing deteriorated ones with new structures, since such improve-
ments will raise the taxes disproportionately. On the developing
fringe of urban areas, low taxes on raw land have encouraged specu-
lative purchase and leapfrog development.
As mentioned earlier, an increasingly serious problem in city cores
is property abandonment. There are delinquent taxes on some of these
vacant lots and buildings, but little is done to collect them. Even less
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2608 LEGAL COMPILATION—GENERAL
often are such properties confiscated by the city and turned to public
use or sold to redevelopers.
The threatened loss of the tax base in urban areas has forced some
cities to offer concessions to keep industries from moving to the sub-
urbs, often including failure to enforce air and water pollution stand-
ards and other controls of industrial activities damaging to the
environment.
Finally, few communities have constructively exploited the inter-
relationships of zoning, subdivision controls, and other land use de-
vices with property tax policy. The local property tax could be a use-
ful device, particularly in encouraging cluster development and open
space preservation where no such options exist. Special tax treatment
for commonly owned open space and community facilities also en-
courages protection or enhancement of the environment by subdivi-
sion developers.
The Federal income tax—Some aspects of the Federal income tax
deliberately encourage specific types of land development. Other
aspects cause inadvertent effects. The Council, with the aid of its task
force on tax policy, has undertaken to examine many of the leveled
criticisms. Some are outlined below.
An important land use impact of the Federal income tax stems from
the deductibility of local property taxes. The intent of this provision
is to relieve the homeowner from paying a tax on a tax. Often,
however, major benefactors of the deduction are slum land-
lords and land speculators. The latter are said to be relieved by this
provision from the burden of local taxation as pressures of urbaniza-
tion increase the value of their holdings.
Although tightened by the Tax Reform Act of 1969, depreciation
provisions of Federal income tax laws are still in need of study to
determine whether they adversely affect land use decisions. Accelerated
depreciation and redepreciation of buildings may foster high numbers
of substandard rental housing units in core cities. Such provisions
have encouraged ownership of rental property for a limited number
of years, then a selloff rather than improvement of the property. These
so-called fast writeoffs encourage poor quality construction in new
rental units since the first owner seldom plans to own the property
more than a few years.
Tax laws benefit the homeowner by allowing him to deduct mortgage
interest. But they do not permit rent payments to be deducted. Much
has been done recently to determine to what extent present living and
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GUIDELINES AND REPORTS 2609
land ownership patterns of the slums, the central city, and the suburbs
are traceable to these tax policies.
There is growing interest by private citizens in preserving forest
and woodland, protecting additional animal and fish habitat, and
preventing further deterioration of their own and nearby landscapes.
Some landholders have sold or donated development and other rights
on their land to public bodies or private conservation groups for
permanent preservation. Eecent Internal Revenue Service rulings have
attempted to establish the value of these gifts in light of general tax
rules by basing it on the fair market value of the land as restricted
compared to its value previously. Some have argued that greater
certainty and more liberal treatment should be provided in establish-
ing the value of what was given in order to encourage conservation
easements and similar devices for environmental protection.
The Impact of Federal Activities
A myriad of Federal loans, grants, projects, and other programs
enacted for specific public purposes often has direct impact on the
use of land. Because of the interrelationships of these programs with
those of other levels of government and the private sector, it is difficult
to assess the degree of Federal influence. The most significant Federal
activities include the highway, airport, and mass transit programs,
the sewer and water grant programs, home mortgage assistance, opent
space funding, agriculture subsidies, planning assistance, the location
of major Federal facilities, and water resource projects. A brief
discussion of these programs and their land use consequences is
included in the Addendum following the section "What Needs to be
Done."
WHAT NEEDS TO BE DONE
Land use influences, trends, practices, and controls in the United
States are complex. While by no means an exhaustive survey of all the
environmental problems that are land related, the above summary
does indicate the need for developing standards to evaluate what is
happening to this basic resource and to develop policies that will
guarantee its continued integrity. In short, there is a need to begin
shaping a national land use policy.
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2610 LEGAL COMPILATION—GENERAL
The reforms in Government activity needed to institute a national
land use policy are undeveloped at this time. It will be necessary first
to determine which levels of government must assume which specific
responsibilities and to identify the appropriate mechanism at each
level to achieve such a policy. However, this chapter has identified
certain aspects of a strategy which the Council feels merit special
consideration:
• The Federal Government should encourage, through project
approval under existing programs, widespread use of devices
such as cluster zoning and timed development.
• Although a number of Federal programs exist to preserve build-
ings and neighborhoods of architectural quality and historical
significance, there is a need for increased attention and a com-
prehensive strategy if significant progress is to be achieved.
• Comprehensive metropolitan planning should identify flood
plains, wetlands, aquifer recharge areas, unstable surface and
subsurface characteristics, and areas of value for scenic, wild-
life, and recreational purposes. Development in these areas
should be controlled.
• Federal grants for sewer and water projects and open space ac-
quisition should be directed toward communities or project
areas which will use them to control development rather than
to those which merely respond to uncontrolled growth.
• Home mortgage and interest subsidy programs should be used
to encourage the proper siting and environmental compatibil-
ity of the subdivisions in which new housing is constructed.
• Congress should act to reverse the degradation of the coastal
zones by enacting the Administration's recommended legisla-
tion, S. 3183 and H.R. 14845.
• National wilderness areas should be designated as quickly as
possible; the appropriate Federal agencies should comply with
the intent of the Wilderness Act even if substantial temporary
reassignment of personnel is required.
• The National Park Service should accelerate its control sys-
tems experiments to prevent overcrowding and traffic conges-
tion in the National Parks.
• Greater emphasis should be given through existing programs
to acquire small parks and natural areas near cities.
• Additional areas of special ecological significance should be pro-
tected, and the Federal Government should identify and estab-
lish a national registry for research natural areas.
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GUIDELINES AND REPORTS 2611
—"Taaenaum
THE LAND USE IMPACT OF FEDERAL ACTIVITIES
Major Federal Installations
The Federal Government is responsible for constructing installations throughout
the country for research, national defense, and other purposes. The largest such
facilities are frequently placed in remote areas where the impact on surround-
ing natural values can be severe. Until recently little was done to assure full
consideration of these impacts, particularly as they relate to the environment.
The construction of facilities by NASA at Cape Kennedy, Fla., is a case in
point. The massive needs of this complex for men and materiel brought an entire
county of Florida under severe development pressures. Brevard County was
engulfed overnight by residential subdivisions, commercial strips, and highway
corridors. Large areas were cleared of vegetation, wetlands were filled, and
stream systems were altered. Recent cutbacks in space exploration have brought
the county quickly from boom to economic decline, contrasting the short-term
economic benefits with the long-range ecological costs resulting from develop-
ment, federally encouraged or otherwise, without adequate planning and control.
Equally important are the large Federal properties, mostly Department of
Defense holdings, in and near urban areas which are being underutilized by
Federal agencies. The President has ordered a survey of all such Federal real
property. The aim is to identify those lands which could be better used, especially
for public recreation.
Water Control Projects
The Federal Government also spends heavily on resource development. Every
year as much land in the United States is converted to reservoirs and flood con-
trol use as for urban and suburban development. Most of the development is
undertaken by four Federal agencies with responsibilities for water resources.
The Army Corps of Engineers, with an annual development budget of $1.36 billion,
is active throughout the Nation with heavy emphasis on flood control and naviga-
tion improvement projects. The Bureau of Reclamation of the Department of
the Interior, with its $300 million budget, operates in 13 Western States develop-
ing irrigation and municipal and industrial water supply and electric power.
The Tennessee Valley Authority spends $10 million a year on multipurpose water
resource projects, with the emphasis on flood control, water quality control,
recreation, and economic development. The Soil Conservation Service of the
Department of Agriculture spends approximately $100 million annually on its
small watershed and flood prevention programs.
The primary rationale for these vast Federal outlays is to supply water for
agricultural, industrial, and domestic use and to prevent floods. However, the
environmental implication argues for a reevaluation of certain programs. Al-
though the concern has been to produce water for growth and expansion, the
decline of the quality of the natural and human habitat, which too often results
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2612 LEGAL COMPILATION—GENERAL
from such projects, requires a broader perspective. Alternatives are now more
seriously considered, along with the potential loss of environmental values. When
the public outcry has been strongest, it has prevented the inundation of beautiful
stream valleys and canyons.
But understanding of the proper balance of water resources and environmental
needs is only in its infancy. The number of free-flowing streams and rivers de-
clines yearly as new dams, canals, or channels impound and divert the waters.
Although extensive recreation areas are often created from such projects, they
often irreversibly destroy the natural systems of land and water in addition to
recreation uses of free-flowing streams and rivers. While millions of fertile acres
are being abandoned in some areas, millions of dollars are spent in others to
irrigate deserts and to dike wetlands for farming. Although some shifts in agri-
cultural land use are clearly necessary, there is no coherent policy to assure that
environmentally damaging projects are kept to a minimum. We continue to de-
velop flood plains, then spend millions to protect man's use of them from natural
flooding cycles. We continue to view the provision of water resources as a chal-
lenge to our engineering ability rather than as a challenge to weigh against man's
ecological obligations.
Aids to Other Government Bodies
Although major Federal grant programs to State, regional, and local govern-
ments require compliance with numerous criteria, the criteria are rarely environ-
mental. Stronger enforcement of the procedures outlined in Section 204 of the
Demonstration Cities and Metropolitan Development Act of 1966 and greater
consideration of environmental planning criteria are logical first steps toward
developing a national land use policy.
Highways—Aid to States for highway construction is a major Federal outlay.
The Federal authorization for fiscal year 1971 will total $5.4 billion. Four billion
dollars is for work on routes of the interstate system. Seventy percent of this
42,500-mile network of high-speed, limited-access highways was complete as of
January 1, 1970. Since 1956, $39 billion has been spent on the interstate program.
One and two-tenths billion dollars in Federal funds for fiscal year 1971 have
been apportioned for the continuing Federal-State program to improve primary
and secondary highway systems. This program predates the interstate system,
has expended a total of $27 billion over the years, and has aided in upgrading
over 250,000 miles of highways.
Both of these major construction programs are funded exclusively from the
Highway Trust Fund created by 1956 legislation. Revenue paid into the Fund in
fiscal year 1969 totaled $4.67 billion. About 68 percent of this total comes from the
4 cent per gallon Federal tax on motor fuel; the rest is collected from various
taxes on automotive products, trucks, and trailers.
Federally assisted highway construction has been the major determinant
of growth patterns and development in this country since 1956. The pro-
gram has given the American people a degree of mobility never before known.
But the momentum of construction and the economic importance of new road
building have raised obstacles to thoughtful long-range planning for the environ-
ment. Urban expressways have relieved congestion on our city streets but
sometimes in the process have disrupted established neighborhood patterns,
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GUIDELINES AND REPORTS 2613
consumed urban parklands, and raised noise levels in residential areas. In some
cases, expressways have abetted the conversion of downtown commercial dis-
tricts into places that live only from 9 to 5. Construction of suburban arteries
can easily be justified as a short-range solution to pressing problems of conges-
tion. Yet it can also spur new development far from the city core, reward land
speculators, create a need for more public services, destroy natural areas, dump
more cars into the central city and promote a pattern of suburban settlement
that nearly precludes mass transit.
Mass transit—Mass transit services have declined in many cities as riders
turned to the automobile for the commute to and from work. However, failure
to maintain and expand city bus, subway and commuter rail systems will lead to
further congestion of expressways. And it will necessitate giving over more of
the downtown areas to more expressways, parking lots, and garages. Mass
transit legislation would award up to $3.1 billion over the next 5 years to
State and local governments to help finance acquisition, construction, recon-
struction, and improvement of mass transportation equipment and facilities.
This legislation contemplates a full Federal commitment to the program of
$10 billion over a 12-year period. It would permit State and local long-range public
transportation planning to proceed in an orderly fashion, assured of uninterrupted
Federal assistance.
Airports—The President's Budget for 1971 asks for $220 million in grants-in-aid
for airport development and expansion. Available to burgeoning airports on a
50-50 matching basis, this money is for land acquisition, runway and ramp con-
struction, and other airfield costs. The new Airport and Airway Development
Act of 1970 envisions annual Federal appropriations over the next 5 years of
$280 million.
But airports also have significant environmental impact. They bring high
noise levels, new access highways, air pollution from automobiles and aircraft,
and sewage and solid waste disposal problems. Airport construction requires that
large land areas be cleared and leveled. This often means draining wetlands and
other natural habitat areas to remove birds, small mammals, and other wildlife.
Even more important, residential, commercial, and industrial activity cluster
around airports, intensifying environmental threats manyfold. A proposed air-
port in the Dallas-Fort Worth area may attract support activities equal to a city
of 80,000 people. Construction of a mammoth 39-square mile jetport just north of
the Everglades National Park in Florida has been blocked by the Administration.
If completed, it would have significantly disrupted the natural systems of the Na-
tional Park and, worse, stimulated development already threatening the surround-
ing Big Cypress Swamp. The draining and filling of that swamp, the last natural
flow of water to the western third of the park, would disrupt the hydrologic cycle
and ecosystem of southern Florida and destroy the Everglades National Park.
Planning—Major Federal Government grants to fund comprehensive planning
are distributed through three principal programs. Other specific functional plan-
ning grants are available from dozens of Federal programs. The Department of
Housing and Urban Development (HUD) is the most important source. Its "701"
program expends $50 million a year in direct aid to metropolitan areas and regions
and in indirect aid to counties and smaller urban units. One and one-half percent
of Federal Highway Trust Fund spending is earmarked for planning, although
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2614 LEGAL COMPILATION—GENERAL
much of the $60 million available from this source is expended on transportation-
related planning activities. HUD's Community Renewal Program also sets aside
$12 million for planning.
Comprehensive regional planning can control the pace and direction of develop-
ment. As such, it can be an important protector of environmental values. It also
helps State and local officials coordinate various policies and programs and de-
velop the framework to guide functional planning for schools, transportation,
public utilities, or other specific purposes. There is a temptation at the Federal
level and in many communities to use HUD funds for functional instead of com-
prehensive planning, thus losing the "glue" to hold together the disparate plan-
ning activities.
Sewer and water lines—A considerable block of Federal assistance—more than
$500 million—is devoted annually to sewer and water projects that often affect
land use.
The involved Federal agencies, particularly the Department of Housing and
Urban Development, believe that past administration of these programs has aug-
mented suburban sprawl and misdirected development. Builders and landowners
know that they can develop lands far from built-up areas and use septic tanks
and wells with the hope that funds will ultimately be available to extend sewer
and water lines. Meanwhile, local officials delay construction of facilities in ex-
pectation of Federal funding. These outdated practices are undergoing challenge
and change. And as new criteria are developed, Federal sewer and water grants
can become useful to better direct the pace and pattern of growth.
There are three important Federal programs. The Department of Housing and
Urban Development has a programming level of $150 million for 1970. Last year,
three hundred and sixty five communities benefited from the program; most were
suburban jurisdictions. The funds are not available for interceptor sewers or
treatment plants. The Department of Agriculture has available for fiscal 1970 $190
million for water and sewer projects in communities of less than 5,500 persons;
$64 million of this is for direct loans, and $80 million for insured loans; the re-
mainder is grant monies. The Economic Development Administration of the De-
partment of Commerce also funds construction of sewer and water facilities
within its areas of jurisdiction. Expenditures for 1970 of $119 million are allo-
cated primarily to economically depressed rural areas.
Open space—Acquisition of open spaces for recreation and conservation attracts
growing public interest and government response. There are two major Federal
grant programs. As described in the previous section on the natural environment,
over half of the appropriations from the Land and Water Conservation Fund
are available to States on a matching basis each year. Many .States make a share
of these funds available to local governments for purchase of small parks and
recreation areas. The States have already used the Fund to purchase thousands
of acres of recreation and conservation lands.
The other major open space grant program is operated by the Department
of Housing and Urban Development under title 7 of the Housing Act of 1961.
In the last 9 years, this program has spent $350 million in matching grants
to acquire 350,000 acres of urban land for recreation, conservation, and historic
preservation.
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GUIDELINES AND REPORTS 2615
The combined impact of these two grant programs has significantly increased
the land available in urban areas for recreation. Thousands of acres of urban
open space have been preserved. But at the same time many thousands more
were converted to residential, commercial, and industrial use by urban expan-
sion. Some suburban communities have been among the most irresponsible in
failing to provide adequate open space; many others have found their best
efforts frustrated by soaring land costs.
Aids and Inducements to Individuals
The Federal Government over the years has loaned and granted money to
individuals—among them homeowners and farmers. These programs have had
noticeable side effects on the way the country has developed its land.
FHA-VA home mortgage programs—Buyers of 17 percent of the new housing
units in the United States still choose Federally insured (FHA) and guaranteed
(VA) loans to finance their homes. These programs were first implemented on
a wide scale after World War II. Policies of low down payments and readily
available low-interest loans provided financing for millions of families who other-
wise would have been unable to buy new homes.
At the same time, by encouraging suburban home construction, these programs
helped to form the concentric circles of racial and economic separation that
persist in many metropolitan areas. Federal Housing Administration and Veter-
ans' Administration examiners have traditionally favored new homes over
restoration or renovation, and suburban communities over the urban core.
Agricultural programs—Farmers aid programs of the Department of Agriculture
are a second set of significant inducements to individuals. Price support pro-
grams of the Commodity Credit Corporation are budgeted at $3.5 to $3.8 billion
per year. These funds go to keep land out of production, prop agricultural
prices, and provide farmers with loans against their crops. Each year the
Farmers Home Administration provides $775 million in direct and insured loans
for rural housing. Its Operating Loan Program furnishes $275 million annually
for short-term purchases such as feed and equipment. The Farm Ownership
Loan Program provides $225 million of direct and insured loans for the purchase
of lands to expand or establish farms. And individual erosion control projects
funded by the Agricultural Conservation Program amount to $200 million each
year.
The original purpose of this aid was to protect the family farm and to en-
courage proper practices of agricultural conservation. Today intensive farming
and modern methods of raising livestock often strain the capabilities of our
lands and waters. Extensive use of pesticides and vast amounts of concentrated
animal wastes are just two of the changes which have had profound environ-
mental effects.
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GUIDELINES AND REPORTS 2617
international (Cooperation
E
I
PROBLEMS do not stop at national frontiers,
or ideological barriers. Pollution in the atmosphere and
oceans taints all nations, even those benignly favored by geography,
climate, or natural resources. The smokestacks of one country can
pollute the air of another. Toxic effluents poured into an international
river can kill fish in a neighboring nation and ultimately pollute inter-
national seas. Even in Antarctica, thousands of miles from pollution
sources, penguins and fish contain DDT in their fat. And recent layers
of snow and ice on the white continent contain measurable amounts
of lead.
International cooperation, therefore, is necessary on many environ-
mental fronts. Sudden accidents that chaotically damage the environ-
ment—such as oil spills from a tanker at sea—require international
cooperation both for prevention and for cleanup. Environmental effects
cannot be effectively treated by unilateral action alone.
Air and water pollution, moreover, are not the only environmental
problems that have international aspects. Some world resources such
as seabed minerals and ocean fish can be wisely dealt with only by
international agreement. What nations do to clean up domestic pol-
lution can affect international commerce. The costs of pollution con-
trol can change the competitive position of a nation's industry. And
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2618 LEGAL COMPILATION—GENERAL
how the nations regulate international transportation and imports
to eliminate sources of pollution can also have a profound bearing
on trade. These considerations should receive increasing attention in
the context of international trade policy. In addition, nations can reap
economies and foreign policy benefits by undertaking joint research
and environmental information sharing with other nations. Studies
on pollution abatement, urbanization, population distribution, and
the use of herbicides and insecticides, undertaken by one country, can
help others.
The National Environmental Policy Act directed all agencies of
the Federal Government to recognize the worldwide and long-range
character of environmental problems. Where consistent with the for-
eign policy of the United States, it directs the agencies to support
initiatives, resolutions, and programs designed to maximize inter-
national cooperation and prevent a decline in the quality of mankind's
environment.
PROGRAMS WORLDWIDE
The United States is already engaged in international cooperation
on environmental matters through a variety of channels. These include
the United Nations and its specialized agencies and other such inter-
governmental organizations as NATO, the Economic Commission for
Europe and the Organization for Economic Cooperation and Develop-
ment. It works with nongovernment organizations such as the Inter-
national Biological Program and the International Union for the
Conservation of Nature and Natural Resources. A number of en-
vironmental programs such as those discussed below are being devel-
oped by international agencies.
The United Nations
Economic Commission for Europe—The ECE, one of the four
regional U.N. commissions on economic and social matters, is composed
of the European members of the United Nations and the United
States. Its current activities include air and water pollution control,
urban development, and exchanges regarding government policy prob-
lems in these fields. It is preparing a Conference on the Environment
in May 1971 in Prague. This conference will be a key preliminary to
the full U.N. Conference on the Environment in 1972. The ECE is
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GUIDELINES AND REPORTS 2619
important as a forum for international environmental cooperation
because it includes most of the major industrialized countries of the
world, East and West, in working-level discussions of environmental
problems.
Intergovernmental Maritime Consultative Organization—Since its
establishment in 1959, IMCO has encouraged an exchange of research
and information on the rapid, safe, and workable handling of oil spills
and other aspects of ocean pollution. It has already established an
international mechanism for reporting oil spills. In 1969 IMCO con-
vened major international legal conferences on marine pollution. One
proposed strengthening the 1954 Treaty on Prevention of Pollution
of the Sea by Oil. The other proposed two new conventions to permit
action to deal with damaged vessels threatening oil spills on the high
seas and to fix liability for the costs of oil spill cleanup. President
Nixon has submitted these treaties to the Senate for ratification.
U.N. Educational, Scientific and Cultural Organization-
UNESCO promotes scientific investigation of man-induced and nat-
ural changes in the character of the oceans. It supports programs to
identify effects of waste disposal at sea and to prevent depletion or
extinction of valuable marine species because of man's activities.
UNESCO-sponsored studies of atmospheric pollution are also under-
way. In 1968, UNESCO convened the International Conference on
the Rational Use and Conservation of Resources of the Biosphere.
Out of recommendations of that conference, it is developing a long-
term, comprehensive program of research and action on environmental
problems, called Man and the Biosphere.
World Health Organization—WHO has conducted studies of coastal
pollution and is planning to lend technical guidance on coastal water
quality and on ways to prevent pollution. It is developing a worldwide
program of monitoring certain environmental conditions which di-
rectly affect health. WHO has also assisted many member countries in
carrying out field projects on waste disposal and water pollution
control.
Food and Agriculture Organization—FAO is undertaking studies
on water quality criteria for fish, on pesticides and pollution, on pulp
and paper mill effluents, and on sewage effluents. Although more con-
cerned with pollution of inland waters, FAO has also turned to the
study, monitoring, and management of the sources and effects of pol-
lution on ocean fisheries. FAO also carries out ecological studies and
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2620 LEGAL COMPILATION—GENERAL
surveys connected with land use, stressing increased productivity and
management of natural resources, particularly in the developing coun-
tries. FAO has programs in wildlife management, in tourist develop-
ment and protein production, in national park development, and in the
traditional agricultural and forestry areas.
World Meteorological Organization—WMO has launched the World
Weather Watch to improve the collection of meteorological data for
forecasting and for studies of atmospheric pollutants. Basic research
is being promoted and coordinated through the Global Atmospheric
Eesearch Program jointly organized by WMO and the International
Council of Scientific Unions. Studies of the meteorological factors in-
volved in air pollution are being conducted by two WMO commissions.
International Atomic Energy Agency—IAEA environmental activi-
ties concentrate on pollution from radioactive substances. It draws up
regulations, conducts programs for exchanging information, and sup-
ports research projects. IAEA has published guidebooks on nuclear
safety and radioactive waste management. With the World Health
Organization and UNESCO, it has set up a worldwide sampling net-
work to measure the amount of radioactivity in precipitation and is
working on techniques for measuring atmospheric and other environ-
mental radioactivity.
U.N. Conference on the Human Environment—The United Nations
Conference on the Human Environment will convene in Stockholm
in June 1972. Although the conference agenda has not yet been ap-
proved by the General Assembly, these fundamental purposes have
been agreed to:
• To focus attention of governments and public opinion on the
importance and urgency of environmental problems, both in
developed and developing countries.
• To provide a forum for exchange of views among governments
on ways of handling environmental problems, including legisla-
tive and administrative action.
• To identify environmental problems which can only, or can
best, be solved through international or regional cooperation.
• To consider methods to meet the need for intensified action at
the national, regional, and international levels—especially ways
in which the developing countries can minimize or forestall the
adverse effects of industrialization and urbanization.
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GUIDELINES AND REPORTS 2621
• To encourage wider participation and support for the environ-
mental activities and programs of U.N. bodies and other inter-
national organizations and to help give them a common outlook
and direction.
A 27-member preparatory committee was formed early this year to
prepare an agenda for the conference. At its first session in March,
the committee defined three major agenda topics: population distri-
bution and its effects on the environment, management of natural re-
sources, and environmental pollution. The conference agenda will be
refined at the January 1971 session of the preparatory committee.
Other Intergovernmental Bodies
NATO Committee on Challenges of Modern Society (CCMS)—An
early expression of the U.S. growing concern with environmental prob-
lems was President Nixon's address to NATO in February 1969 and his
proposal in April 1969 for the establishment of a NATO Committee
on the Challenges of Modern Society. This new committee is designed
to consider specific problems of the human environment. It has already
underway eight pilot studies, and in five of them two or more of the
member countries collaborate. The studies are on (1) disaster assist-
ance (United States and Italy), (2) air pollution (United States, Tur-
key, and Germany), (3) road safety (United States and Germany),
(4) open-water pollution (Belgium, Portugal, Canada, and France),
(5) inland water pollution (Canada, France, United States, and Bel-
gium), (6) scientific knowledge and decision-making (Germany),
(7) motivation in a modern industrial society (United Kingdom), and
(8) environment in the strategy of regional development (France).
Organization for Economic Cooperation and Development—The
OECD, an assembly of the industrialized nations of Western Europe
and North America, with Japan, has active programs on water re-
sources management, air pollution, and pesticides. It is also organizing
an environmental division which would study, among other things,
these questions:
• Who should pay for the control of pollution, and who should
pay for the damage caused by pollutants that escape into the
environment ?
• What is the level of acceptable exposure to various pollutants?
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2622 LEGAL COMPILATION—GENERAL
• Are there levels of pollutants in the environment which, if
reached on a worldwide basis, will give rise to catastrophic
changes ?
Organization of African Unity—The OAU has directed attention to
environmental problems and planning through the African Conven-
tion on the Conservation of Nature and Natural Resources, signed by
representatives of 38 African nations at the OAU Summit Meeting
in September 1968. This Convention, developed on the request of the
OAU by the IUCN, with cooperation by FAO and UNESCO, is based
on broad ecological principles and covers management, utilization, and
preservation of natural resources including soil, water, vegetation, and
fauna, and also includes aspects of research, education, administration,
and legislation.
Organization of American States—Through the OAS the Latin
American Convention on Nature Protection and Wildlife Preserva-
tion in the Western Hemisphere was prepared in 1940, and subse-
quently ratified by the United States and 9 other American nations.
The OAS has recently updated the Convention annex lists of threat-
ened species, and is developing appropriate research programs which
bear on the articles of the convention.
Council of Europe—This assemblage of European nations is making
a commitment to environmental quality through its development of
the European Conservation Year, initiated in January 1970. Each
participating nation has developed its own major conservation pro-
gram, and the Council serves as a point of liaison and coordination.
The programs range from public education in pollution control to
programs of basic ecological research.
Bilateral Cooperation
The United States is cooperating bilaterally with Japan, Germany,
France, the Soviet Union, and Canada in joint research and informa-
tion sharing.
With Japan the United States has arrangements for the exchange of
scientific and technological information on air pollution, water pollu-
tion, toxic microorganisms, wind and seismic damage, and undersea
technology. The United States-German program concerns coal dust,
water pollution, air pollution control, urban planning, and noise abate-
ment. The United States-Soviet Exchange Agreement covers ocean-
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GUIDELINES AND REPORTS 2623
ography, urban transportation, air and water pollution, and other
environmental problems.
Cooperation between the United States and Canada on environ-
mental problems has a long history. Their joint attention is now
focused on the Great Lakes, St. Lawrence River water boundary, and
on the Arctic region. United States-Canada agreements on the Great
Lakes go back to the Boundary Waters Treaty of 1906. The Great
Lakes is the largest fresh water body in the world. Most of the popula-
tion of Canada and much of that of the United States lives near its
borders, and pollution of the Great Lakes concerns both nations. The
intergovernmental body chiefly responsible is the International Joint
Commission of the United States and Canada. The IJC has developed
an interim report on pollution of Lake Erie and other waters. On
June 23, a ministerial meeting was held in Ottawa to discuss the IJC
recommendations and future cooperation between the United States
and Canada on Great Lakes pollution. That conference agreed on a
number of specific proposals of the IJC and laid the foundations for a
working group and further ministerial meetings. A final report is
expected by the end of this year.
The Arctic region, a "last frontier" of natural resources in the
Northern Hemisphere, is an area of growing importance in United
States-Canadian consideration of environmental problems. Bordering
international waters, it is important to the development of the United
States and the North American continent in part because it affords
the Shortest distance between Eurasia and North America and in part
because of its mineral resources.
The Arctic Ocean makes the United States a neighbor to five
nations—U.S.S.R., Norway, Denmark, Canada, and Iceland. Still
other nations share concern over exploration, settlement, and exploi-
tation of the Arctic region. Environmental quality there is a new
opportunity for cooperation among all these nations.
Nongovernmental Organizations
The International Council of Scientific Unions initiated the Interna-
tional Biological Program, a nongovernmental international scientific
research project covering the biological aspects of the world's physical
environment. The 5-year action program started in 1967 now involves
scientists from more than 60 countries.
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2624 LEGAL COMPILATION—GENERAL
The International Union for Conservation of Nature and Natural
Resources (IUCN) was founded in 1948. It comprises 29 nations and
several hundred nonpolitical organizations from about 80 countries and
maintains headquarters in Merges, Switzerland. The Union seeks to
initiate and promote scientifically based action to preserve the natural
environment, life forms, and resources. It works through commissions
on ecology, species survival, national parks, education, and environ-
mental policy and administration. The IUCN has consultative status
with the United Nations and various regional international groups.
AREAS FOR FURTHER INITIATIVE
The United States should provide increasing leadership in environ-
mental management affairs and lend support to the efforts of other
nations and international agencies. The Council is now identifying
new possibilities where the participation of other countries is neces-
sary or where exchange of information and experience will buttress
the environmental efforts of all nations.
Monitoring the World
The International Geophysical Year (1957-58) was a milestone in
developing new knowledge on the physical and dynamic properties
of the earth, including the composition and character of the oceans
and the atmosphere. It helped provide fundamental baseline data
on the global environment. The International Biological Program
(IBP) is now developing a proposal for a global environmental moni-
toring system, which will consider ecological systems and their reac-
tion to man's management of the global environment. Efforts are
underway to identify pollutants in the atmosphere and ocean where
critical situations may soon occur. Extensive study is required to
determine what monitoring systems are needed, their costs, and
organization.
Saving Endangered Life
The activities of man on earth have made extinct many forms of
animal life. The rate of extermination has closely followed the rate
of the world's human population growth. During recorded times the
rate of extermination of mammals alone has accelerated from roughly
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GUIDELINES AND REPORTS 2625
one species each half century to one a year. About 40 percent of the
known exterminations have occurred since 1900. Various international
arrangements now seem necessary to keep the annual harvest of various
endangered fish and animal life within their natural reproduction
rates. There are a number of existing international treaties to do this,
particularly those concerning fisheries, but many threats to existence
continue unabated, among them the continued depletion of whale and
other marine animal populations. Other threatened species with an
international range, such as the polar bear, require tighter
international protection.
The IUCN has moved to preserve examples of natural environ-
ment, life forms, and resources. The United States has also initiated
legislative action to this end.
National Parks and the World Heritage
National Parks and historic sites provide permanent protection to
the cultural, historical, scientific, and natural heritage of individual
nations. There are many areas of extraordinary historic or natural
value which may be considered part of a world heritage. Tha United
States, which began its National Parks programs in 1872, has devel-
oped wide experience in park planning and management. The Council
believes that the United States, drawing on this background, could
and Should give technical assistance to encourage other countries \o
take similar actions on their areas of natural and historic significance.
Such technical assistance, because it is designed to foster a world
heritage, need not be limited to the countries in which the Agency for
International Development has economic development programs.
Nor need it be necessarily subject to economic criteria. The Council
recommends that the Department of the Interior be given such addi-
tional authority as may be necessary to enable it to extend technical
assistance in this area and in the closely allied areas of wildlife man-
agement. In carrying out such a program, it should consult with AID.
The Council further recommends that the United States undertake
an initiative through the United Nations to encourage the establish-
ment, on an international scale, of systems for the protection of the
world's unique natural and historical areas. Rapidly rising population
pressures, together with rapid and cheap transportation, make it man-
datory that the nations act quickly. Such an initiative by the United
States would be particularly appropriate in connection with the cele-
bration of our National Park centennial in 1972 and the Second World
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2626 LEGAL COMPILATION—GENERAL
Conference on National Parks cosponsored by the Department of the
Interior and IUCN.
Cooperation Under the Sea
Extraction of oil and natural gas from beneath the seabed is pro-
ceeding rapidly in many coastal waters, and techniques for drilling
in deeper waters are being developed. Dredging or other forms of
mining the deep seabed for mineral ores may become economically
feasible.
Such exploitation of the ocean floor raises questions of rights and
ownership as well as many problems of potential damage to the ocean
environment. The United Nations is aware of these matters and has
organized the U.N. Seabed Committee to make recommendations.
Unless environmental quality controls, resource conservation, and
research go hand in hand with development, the use of the ocean floor
could become another classic case of the tragedy of the commons—
the single interest of each nation would run contrary to the collective
interest of all.
President Nixon on May 23 outlined a proposal for sharing the
responsibility for and the revenues from undersea resources among all
nations, large and small, landlocked and coastal. He urged provisions
for adequate environmental protection. The Council recommends that
an international regime, developed to manage the seabed areas beyond
the limits of national jurisdiction, include safeguards for the preven-
tion of environmental damage.
Ocean Resources
A U.N. resolution, supported by the United States, has called for
worldwide collaborative programs of oceanographic resource surveys
to extend through the decade of the 1970's. Last October, this Nation
outlined specific proposals for the International Decade of Ocean Ex-
ploration. The proposed activities address problems of worldwide con-
cern which can be solved most swiftly and economically through
multinational, cooperative efforts. They include:
• Preserving the quality of the marine environment through a
better understanding of oceanic processes and living organisms;
• Improving environmental forecasting to reduce hazards to life
and property; and
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GUIDELINES AND REPORTS 2627
• Developing a global ocean monitoring system to assist in pre-
venting harmful, irreversible manmade and natural modifica-
tions of the environment.
The Environment and International Development
International development programs, such as those supported by the
Agency for International Development (AID) and the World Bank,
have in the past primarily emphasized economic benefits without giv-
ing adequate consideration to the long-term ecological damage. In
several cases pesticides have destroyed normal biological controls. Con-
sequent increases of other insect populations have, in turn, led to
further use of pesticides. Irrigation projects have led to water logging
and salination of soils, sometimes with an actual net loss of arable
land in given regions. Some highway construction has encouraged
strip settlement with razing of forests, erosion, and destruction of
watersheds. Inadvertent ecological damage may accompany otherwise
well-intentioned development projects.
The lesson is not that international development programs should
be avoided. It is that they should be based on long-range environ-
mental factors as well as on engineering and economic factors.
The Council believes that the United States has a responsibility,
when it gives development assistance, to advise the receiving nation of
the ecological consequences of particular projects. The Council wel-
comes the steps AID has already taken in its project planning and
review process to pay special attention to environmental factors, in-
cluding research in areas where the necessary ecological information
does not exist.
The Council recommends that the United States take initiatives,
both in international discussions and as a participating member of
various international development bodies, to gain acceptance of the
principle that development programs must include environmental con-
siderations in their planning and implementation.
Organizing Internationally
Building on the sound, already existing base of international coopera-
tion, the United States may wish to consider proposing new insti-
tutional arrangements and greater specialization of existing inter-
national institutions to deal coherently and systematically with both
immediate and long-range problems of the environment. For example,
-------
2628 LEGAL COMPILATION—GENERAL
mechanisms should be studied to draw upon the world's best talent
and technological knowledge for such purposes as monitoring the
oceans and atmosphere, and serving as an authoritative, impartial
center to warn of impending dangers and recommend action. Simi-
larly, regional specialized groups might focus expert attention on such
urgent problems of the less developed countries as urbanization, health,
and water supply. Whatever form new initiatives take, the United
States should be prepared to offer imaginative and vigorous support.
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GUIDELINES AND REPORTS 2629
XI
(Citizen [-^artlcipatio.
r n
AOHOKUS of concern for the environment is sweeping the
country. Private citizens, civic organizations, and com-
munities everywhere are organizing and speaking out. Their con-
cern is not tied only to their own local issues. It reaches to regional,
national, and international environmental problems. It embraces pol-
lution of the earth's air and water, noise and waste and the threatened
disappearance of whole species of plant and animal life. Yet the focal
point of the citizen's concern is best seen in the environment he sees
deteriorating firsthand—his own community.
Parks have been bisected by highways, marshes drained and paved
for industrial development, streams run underground, and shade trees
ripped out of the city to make way for noisy, multilane expressways.
Until recently, the average citizen regretted the destruction of his
environment but accepted it as the necessary price of "progress." Now
he has begun to ask if this kind of progress is really desirable, whether
it can be achieved differently, and whether it is really worth the sac-
rifice of natural areas and assets.
The citizen's interest in saving and improving the environment is
far from new. But in the past year or so, its center of gravity has
shifted to a total "environmental" concept more suitable to an urban
society. Fishermen, hunters, naturalists, and professional outdoors-
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2630 LEGAL COMPILATION—GENERAL
men, joined by a handful of scientists, hikers, and birdwatchers -were
the first to work for environmental causes. These early conservationists
developed the concept of wildlife sanctuaries. They convinced legis-
lators to institute hunting and fishing licenses to help pay for wildlife
protection. Often the early conservationists worked against great odds
to protect scenic and wilderness resources from destruction. If it were
not for them, Yellowstone's natural geysers, the Grand Canyon, the
California redwoods, the Everglades, and many other irreplaceable
natural treasures might well have been permanently damaged.
Today the environment is a key concern of a wide variety of citi-
zens, and they bring a new set of attitudes with them. They often
speak a different language from the longtime professional conserva-
tionists, although the two are allies. Many of the newcomers are
urban; yet they understand the intricacies of natural processes. Many
of the new "conservationists" are in their teens and twenties; yet they
tend to see urban problems as at least as important environmentally
as the preservation of natural areas and natural resources. Often they
choose more direct, active ways to express their views than traditional
conservationists.
Citizen participation in environmental protection is being cham-
pioned at the highest levels of government. In May 1969, the President
named Laurance S. Rockefeller Chairman of the 15-member Citizens
Advisory Committee on Environmental Quality. The Committee's
task is to advise the President of the citizen viewpoint and to recom-
mend roles which citizen groups can play in the national environmental
effort. The committee has issued a progress report with proposals for
action on such diverse items as urban recreation, solid waste, environ-
mental education, and Federal licensing power. It has prepared a com-
prehensive citizen's guide titled "Community Action for Environ-
mental Quality," giving information on programs and suggestions for
individual participation in community action.
The National Environmental Policy Act of 1969 notes the impor-
tance of the individual citizen's role in enhancing the quality of the
environment. The Act says: "The Congress recognizes that each person
should enjoy a healthful environment and that each person has a
responsibility to contribute to the preservation and enhancement of
the environment" (title I, sec. 101 (c)). Section 102 (c) of the act makes
available to the public the statements which all Federal agencies must
submit detailing the impacts that their recommendations or proposals
for legislation, may have on the environment. Section 102(f) requires
Federal agencies to make available to individuals advice and inf orma-
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GUIDELINES AND REPORTS 2631
tion useful in restoring, maintaining, and enhancing the quality of the
environment.
LOCAL ORGANIZATIONS
Local citizen groups usually form in the face of a specific threat to
the local environment. Groups have banded together to fight pollution
in Lake Erie, land filling in San Francisco Bay, smog in Los Angeles,
and the damming of the flood plains and wetlands of the Neponset
River in Boston Harbor. Citizen organizations have worked against
offensive smoke stacks in Winston Salem, N.C., and Butte, Mont.
Groups in Baltimore, Washington, and San Antonio have blocked or
changed highway development plans. Others have succeeded in keep-
ing a freeway from going through the historic Vieux Carre section of
New Orleans.
The urban environment has received special attention. In the New
York metropolitan area alone, nearly 200 organizations are mobilized
to deal with the environment. One, the Open Space Institute, which
grew out of the temporary Open Space Action Committee, seeks to
save natural lands and waters within the New York region from fur-
ther development or subdivision. In Los Angeles, the Watts Labor and
Community Action Committee has developed an urban recreation pro-
gram to help develop "pocket parks" and to conduct cleanup cam-
paigns. Local chapters of national organizations have often helped
attract citizen attention to local environmental concerns.
THE CONSERVATION COMMISSIONS OF
THE NORTHEAST
The growth of local conservation commissions in the Northeast, par-
ticularly in New England, has strengthened the citizen's hand in en-
vironmental decisionmaking. This movement may point to more effec-
tive citizen participation in other areas of the country as well. The
conservation commission is a mechanism of local government for pro-
moting direct civic involvement in setting and achieving local environ-
mental goals. A commission typically consists of five to nine citizen
members appointed by the mayor, city council, or other governing body
of the community.
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2632 LEGAL COMPILATION—GENERAL
The commission movement began in Massachusetts, where it fits
easily into the active local governmental tradition of the New England
town meeting. Since the passage in 1957 of the enabling act, 276 towns
and cities of the Commonwealth, representing nearly 80 percent of all
its towns and cities and two-thirds of its land areas, have started
conservation commissions. Through State and Federal matching funds,
Massachusetts communities are now able to acquire and protect valu-
able land. The 101 commissions in Connecticut, representing about 60
percent of the State's communities, cooperate with the public schools
to build educational parks. About 70 percent of municipal governments
in Ehode Island have conservation commissions. In Maine, despite
problems with the initial enabling law, many coastal communities have
established conservation commissions which citizens hope will save
sections of the Maine coast from inappropriate industrial development
and attendant pollution. In 1968, a year after passage of enabling
legislation, more than 50 New Jersey communities had commissions
at work; 75 are at work now; 100 are expected to exist before the end
of 1970.
By mid-1970, variations on the Massachusetts model were operating
in about 600 local jurisdictions in the seven coastal States from Maine
to New Jersey.
REGIONAL AND STATEWIDE ACTIVITY:
THE CONSERVATION COUNCILS
Local and regional citizen organizations have united into State
and regional conservation councils, or "organizations of organizations."
A central council gives the varied local member organizations a com-
mon meeting ground and also acts as a clearinghouse of information
about action at the State level for constituent organizations.
More than 34 States have at least one conservation council. At least
six States have two, and Michigan has four. The number of constituent
member organizations within any one council usually ranges from 20
to 60, with three councils having over 100 member organizations.
The councils have set for themselves a variety of goals and functions.
Some stress education and the dissemination of information to mem-
bers and the general public. Others have developed legislative pro-
grams and plans for political action, and a few have hired lobbyists to
present their point of view to State legislators. Some have sought tax
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GUIDELINES AND REPORTS 2633
exempt status, but the majority have not, preferring to retain the
potential of influencing environmental legislation.
Most of these councils rely heavily on services contributed by mem-
ber organizations and volunteers, including local college students. Some
councils have academic and technical consultants who provide engi-
neering and scientific counsel and services. Income for most councils
comes from membership dues. A small part of their income, perhaps
10 percent, comes from contributions and gifts. Membership organiza-
tions sometimes include business firms and associations and civic
organizations. In some instances, charitable foundations provide
financial backing for councils with the proper tax status.
A few regional citizen councils place more reliance on geographic
than political boundaries. Their activity may center on a regional en-
vironmental problem, such as the pollution of a river which passes
through several States, or on a particular natural phenomenon, such
as the Grand Canyon or the highlands of West Virginia. The Potomac
Basin Center, for instance, is concerned with the Potomac Eiver, which
is bounded by four States and the District of Columbia.
The strength of the regional council concept is illustrated by the
Rocky Mountain Center on Environment (ROMCOE). This council
focuses on the Rocky Mountains, which span eight States, a vast area
with common climatic, economic, cultural, and historic characteristics.
ROMCOE thus serves citizens with common environmental problems
and interests.
NATIONAL ENVIRONMENTAL AND CONSERVATION
ORGANIZATIONS
Over a dozen organizations with large memberships of citizens from
all parts of the Nation exist to inform, guide, or represent their mem-
bers in a wide variety of environmental and conservation matters.
These include the National Wildlife Federation, the National Audu-
bon Society, the Izaak Walton League of America, The National Rec-
reation and Park Association, and Sierra Club, the National Parks
Association, and the Wilderness Society. Another dozen or
more with similar goals have memberships mostly of professionals
in recreation or conservation fields. Other national organizations
with broad interests—the League of Women Voters, the National
Association of Counties, the Garden Club of America, the United
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2634 LEGAL COMPILATION—GENERAL
Auto Workers and the AFL-CIO—carry on substantial national
environmental programs. Newer organizations, such as Friends
of the Earth and Zero Population Growth, seek direct, active involve-
ment in environmental controversies. Students are seeking a national
voice in the environment through several action organizations.
Some national organizations have changed their traditional modes
of operation and expanded their level of activity on environmental
issues. They seek members who take active roles in local environmental
controversies. Some organizations have separated their political and
educational programs into two distinct but related entities for tax pur-
poses—for instance, Friends of the Earth and the John Muir Insti-
tute ; the League of Women Voters and the League of Women Voters
Education Fund; and the Sierra Club and the Sierra Club Foundation.
The newer organizations, and several of the older ones, launch pub-
licity campaigns to attract attention to environmental problems. The
attention which Sierra Club books, exhibits, and newspaper advertise-
ments attract has helped to more than double the club's membership in
21/2 years—from 40,000 members in 1968 to nearly 100,000 today. The
Sierra Club, which was founded in 1892 by John Muir, has evolved
from a western outing club with few public environmental programs
to an active organization that provides vigorous leadership in pro-
tecting natural places and processes, including recourse to the courts.
Friends of the Earth, founded in 1969, a new organization attempting
to influence legislation on a wide range of interests, also has brought
several legal actions.
The Wilderness Society, in addition to providing national lead-
ership, has concentrated on training local leaders, who then assume
major local responsibility for identifying wilderness areas and orga-
nizing campaigns to set them aside and protect them through legisla-
tion. By training leaders, the Wilderness Society is able to decentralize
its efforts and rely upon the large numbers of citizens across the coun-
try who are willing to give substantial amounts of time to help add to
the extensive National Wilderness System contemplated by the Wilder-
ness Act of 1964. Many other groups also rely on effective and active
local chapters which assume a good deal of autonomy.
The Conservation Foundation, a non-profit research, education, and
information organization, has brought together professionals and
citizen leaders for conferences to explore such subjects as as environ-
mental law and the ecological effects of foreign assistance programs.
The United Auto Workers have started a pilot air and water pollu-
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GUIDELINES AND REPORTS 2635
tion prevention project in the "downriver" area of Wayne County,
Mich., for families of Detroit factory workers. The AFL-CIO has
joined in a number of efforts, including the "Citizen's Crusade for
Clean Water," and has published a number of essays for union leader-
ship on various environmental problems.
April 22, 1970, was Earth Day, nationwide. Organized by students,
it was a day of lectures, meetings, teach-ins, and a variety of other
events that drew an estimated 20 million citizens across the Nation.
A staff of 25 students and hundreds of volunteers worked in Wash-
ington for 6 months to coordinate an Environmental Teach-in on
Earth Day, which eventually involved an estimated 2,000 campuses,
10,000 high schools, and 2,000 communities nationwide. Colleges invited
speakers representing government, industry, and educational institu-
tions to discuss their responsibilities to the environment. In response
to frequent exhortations to "work within the system," many activities
were politically or institutionally oriented: one university group
planned a full summer program examining congressional voting rec-
ords on environmental issues; students in the Boston area collected
8,000 signatures on a petition supporting an environmental "bill
of rights."
Environmental Action, a coordinating student organization, now
continues activities that grew out of Earth Day. It publishes a bi-
weekly newsletter, has issued a paperback book, "Earth Day: The
Beginning," and has organized regional conferences so that Earth Day
participants can evaluate the April 22 activities and plan future
action.
The Department of the Interior's Task Force on Environmental
Education and Youth Activities has helped establish a new national
student organization—Student Council on Pollution and Environment
(SCOPE). Through SCOPE'S regional councils, student'representa-
tives make recommendations on policy, programs, and practices and
act as an early warning system for environmental problems. Although
only recently organized, SCOPE has already held two national meet-
ings and convened several regional sessions.
Land Protection Through Private Purchases and Trusts
Private land trusts, regional groups, national conservation organiza-
tions and universities have for many years preserved areas of great
scenic and natural value. The Nature Conservancy is the major private
land-acquiring organization. It has about 20,000 citizen members and
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2636 LEGAL COMPILATION—GENERAL
has protected over 400 separate areas in more than 40 States—a total
of just under 190,000 acres. The Conservancy's program is growing
rapidly; it acquired 40,000 acres in 1969 and another 40,000 in the
first half of 1970. Since its founding in 1950, the Conservancy has
grown from a loosely knit, meagerly financed, nonprofit group to a
large organization. It relies on the expert advice of scientists and
outdoorsmen in purchasing land or setting up land trusts involving
thousands of acres and millions of dollars. Many of the areas saved
would have been lost to private development if the Nature Conservancy
had not intervened.
The Conservancy still owns and manages about one-third of the
areas it has saved. It makes these areas available for public enjoyment
or scientific research consistent with the preservation of the natural
resource. Land which the Conservancy acquires is often conveyed to
institutions, agencies, and sometimes the Federal Government. The
Conservancy carefully writes provisions into the contracts to insure
that the areas conveyed can never be used for purposes other than
preservation. "Reverter" clauses provide that the land be returned to
the Conservancy if commercial development or other incompatible
uses occur.
Ducks Unlimited, a non-profit organization of approximately 40,000
members, has helped to acquire and rehabilitate significant amounts
of wetlands on the Canadian prairie breeding grounds—thus helping ^b
improve conditions for our North American waterfowl.
Citizen Groups in the Courts
Environmental organizations have begun to try to protect the environ-
ment through the courts. Redress through the judicial system, a
relatively new tactic for citizens trying to restore the environment,
has been encouraged by a series of recent Federal court cases which
have held that citizens' groups now have the right to appear in court
to seek legal remedies. Major cases include challenges to the sale of
DDT, to the oil pipeline now proposed for arctic Alaska, to timbering
in wilderness areas in Colorado, Michigan, and West Virginia, and to
a proposed power generation station and a proposed freeway along the
Hudson River.
Citizen's actions are also being brought to preserve open space and
wilderness, to challenge highway route locations, and to abate various
pollutants, including auto exhausts, factory effluents, pesticides, and
municipal sewage. Actions are also being brought to secure full public
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GUIDELINES AND REPORTS 2637
hearings from administrative agencies or simply to get administrative
agencies to move more rapidly and effectively and to keep the environ-
ment in mind in projected activities. In two recent cases involving
DDT, citizens obtained court orders which required the Federal Gov-
ernment to act immediately to prohibit the sale of DDT or to give
detailed reasons why the pesticide should remain on the market.
Suits initiated by citizens have begun to cite the National Environ-
mental Policy Act of 1969, and its requirement for environmental
impact statements, as noted earlier in this report (chapter II). The
Act has already been cited in at least 16 cases and in 6 administrative
hearings. In a Federal district court in Texas, a citizens' group cited
the act to challenge successfully a Farmers Home Administration loan
for the construction of a golf course in a nesting area of an endangered
species of bird. In the Federal District Court for the District of Colum-
bia, citizens successfully cited the Act in enjoining Federal permission
to build a haul road across the Arctic tundra of Alaska in connection
with the construction of an oil pipeline. Many other actions, not always
by citizens' groups, rely on the protective language of the National
Environment Policy Act.
Several public interest law firms specializing in environmental law
recently have joined the limited number of private practitioners
previously at work on environmental problems. Some large law firms
donate part of their time and legal talents for work on environmental
and urban problems. The Environmental Defense Fund and the Nat-
ural Resources Defense Council provide legal assistance when needed
on behalf of environmental protection. Both the American Bar Associ-
ation and the American Trial Lawyers Association have established
committees to follow the growing interest of the bar in the development
of environmental law. Environmental organizations have been formed
at more than 50 law schools. And the Council on Environmental Qual-
ity has named a special advisory group of attorneys to advise it on legal
issues.
Other Professional Responses
Besides lawyers, a number of other professionals find that their train-
ing is in demand by citizens' groups seeking expertise in solving
complex environmental problems. Ecologists and other scientists from
university faculties are in constant demand to advise or give expert
testimony. Landscape architects and urban planners have design skills
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2638 LEGAL COMPILATION—GENERAL
that are now being used to do a better job of building in harmony
with the environment. The American Institute of Architects has estab-
lished design concept teams that utilize varied design skills for crea-
tive solutions to specific local problems.
National Environmental Coalitions
Occasionally national environmental organizations will join other
interested citizens to form a temporary, nationwide coalition to take
a position or an action on an important environmental issue. One
coalition of diverse citizen groups and conservation organizations
formed to protect the Florida Everglades from changes in its water
level and from the construction of a jetport nearby. Another coalition
mounted a successful effort against the Timber Supply Bill of 1970,
which would have permitted more extensive logging in National For-
ests. Still another, the Citizen's Crusade for Clean Water urged Con-
gress to appropriate a larger amount than first planned for the
construction of sewage treatment facilities.
The Natural Eesources Council of America has, since 1949, pro-
vided many of the functions of a permanent national conservation
coalition. It has concentrated, however, on coordinating pending legis-
lation and administrative programs and on assisting member organi-
zations in finding reliable sources of scientific information about re-
sources. The Council has provided a basis for improving mutual
understanding among member organizations of each other's objectives.
The coalitions show the ability of civic organizations to launch suc-
cessful environmental campaigns. They also show that the common
interests of a wide variety of conservation, environmental, and other
civic organizations are much greater than their differences.
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GUIDELINES AND REPORTS 2639
XII
(environmen
tal
W
• HEN IT BEGAN to dawn on people that the environment was
worsening, that blight was creeping across our land, that
the air was polluted and the waters running with waste, one of the first
questioning glances was toward education. Our educational systems
were caught off guard by the decline in environmental quality. They
were no more ready\to cope with the decay than any other part of
society. Now in the face of the challenge the systems must be broad-
ened to include new perceptions of environmental education.
What do we mean by "environmental education"? Nobody is cer-
tain. It has never been adequately defined. Education at least should
help the student understand how the natural world works, not just its
parts, but the relationships of one to another. He must appreciate
not only man's dependence on and contribution to ecosystems, but the
ways and degrees by which modern man alters them. As history can-
not be adequately seen just as a series of acts, dates, battles, and names,
but as the fabric of our past in relationship to our present, so environ-
ment cannot be seen but as a web of relationships.
This need not necessarily mean that ecology should replace any par-
ticular course of study or that education should be devoted entirely to
ecology. But it does mean that there is a need for interdisciplinary edu-
cation to cope with the interrelated nature of the environment. It is
clear that man does not know enough about the environment around
him and what he is doing to it.
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2640 LEGAL COMPILATION—GENERAL
He has been a sorcerer's apprentice. He has loosed forces he only
partly understands and can only partly cope with. It is not enough
that experts know—and even they know precious little—but it is man-
datory that the people who must live in the environment learn more
about the forces that now move in sometimes dangerous ways upon it.
Environmental education therefore is a key to making this a livable
world.
That means, at the minimum, a fuller understanding of how the
natural world works and how man is changing it. A better idea of how
our economic systems and political institutions influence the choices
that set off chain reactions within our environment, and a shift in
personal values to make us willing to pay the price of controlling pol-
lution, will both be necessary.
The Council is not ready yet to suggest how these needs must be
woven into America's educational system. The picture is beset with
too many conflicting, but legitimate, positions. They should be
thoroughly debated.
Environmental education is not only "conservation education." Nor
is it only the sum of the antipollution concerns that have recently
captured public imagination. An "environmentally literate" individ-
ual is one who understands that he is part of a system composed of
people, culture, and his physical and natural surroundings. He knows
that man's acts can change his relationships to this system. He appre-
ciates the human ability in some degree to control, preserve, and
destroy the environment. He accepts responsibility for the condition
of his environment. But that does not mean that he knows what to do
about it.
A mere scientific study of earth's life support systems is inadequate.
Environmental decisions are also based on economic and political
factors, social pressures, and cultural values. Many Americans live
most of their lives in cities. So it is essential that environmental educa-
tion be relevant to them. That means that it must stress social and
behavioral sciences. It should deal with what the student's environ-
ment is and might be. More colleges must begin to weave environ-
mental content into science, technology, law, government, and educa-
tion courses. And for the long run, perhaps more important than any
of these actions, pre-school, elementary, and secondary school students
must be exposed to environmental learning. That exposure involves
curriculum development, teacher training, and organizational reform
of a type and on a scale that do not now exist.
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GUIDELINES AND REPORTS 2641
EDUCATION THAT CANNOT WAIT
Intelligent environmental action, however, cannot await the emer-
gence of a new generation whose environmental literacy is the prod-
uct of education from kindergarten through 12th grade and beyond.
Therefore, major attempts are underway to educate and motivate the
present adult population, primarily through the mass media and
community projects, focusing on local problems.
During the past year every broadcasting network and major news-
paper and magazine has written on environmental problems. To
assure a sustained educational effort through the media, the U.S. Office
of Education, Department of Health, Education, and Welfare,
awarded funds to the Corporation for Public Broadcasting to establish
an Environment Center. The center will provide television programs
and radio materials designed to increase public awareness of environ-
mental problems. It will help prepare teachers for environmental
education and train others for careers in environmental management
industries.
Environment-oriented education projects are appearing in greater
numbers in schools and communities throughout the country. The
examples that follow illustrate the diversity of these programs but
should not necessarily be considered models.
Oak Eidge Associated Universities (OEAU), in Tennessee, plans
to develop several mobile environmental laboratories in 40-foot tractor-
trailers manned by trained teacher-demonstrators. These laboratories
will set up in supermarket parking lots and near museums and other
public places throughout the Nation. Mobile environmental educa-
tion classrooms—slightly smaller vans to circulate among schools—
will operate continually out of ORAU throughout the school year.
The mobile labs and classrooms will stress dramatic demonstrations of
some of the more subtle problems of environmental contamination and
what can be done to improve environmental quality.
Historically, private organizations such as the Sierra Club, the Izaak
Walton League, the Conservation Foundation, the National Audubon
Society, the American Forestry Association, the National Wildlife
Federation, the National Recreation and Park Assocation, the Wilder-
ness Society, and the Massachusetts Audubon Society have led in prod-
ding public environmental awareness. Museums and parks have been
regular staging grounds for special education programs. These and
other groups should continue to be enlisted in the environmental edu-
cation efforts of schools, colleges, and communities.
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2642 LEGAL COMPILATION—GENERAL
Higher Environmental Education
New forms of instruction have evolved in several colleges and uni-
versities to broaden understanding of the environment and human
relationships to it. These have ranged from injecting environmental
concepts into traditional subject areas to establishing whole institu-
tions that are multidisciplinary or problem-solving in orientation and
approach. Heavy emphasis also has been placed on learning through
direct observation and participation.
Environmental law is a rapidly developing field of education from
the high school level through the law schools and into the practicing
law institutes. Some law schools are adding environmental law to their
curriculums and are making it the subject of advanced seminars.
Environmental litigation, new and proposed legislation, law review
articles, and other materials on the subject are spurring bar associ-
ations to form environmental law committees and to hold institutes
for their members. Environmental law courses which involve students
in litigation are also of growing interest in adult education and citizen
study and action groups.
New courses dealing with man and his environment are being estab-
lished in colleges and universities throughout the country, and old
courses are being remodeled to emphasize man's relation to the world
in which he lives. Some of the courses bear familiar names—as Ecol-
ogy 1 or Biology 101. But many carry more intriguing titles: Biology
and Society, Social Responsibility of Scientists, History of Environ-
mental Perception, and Social Impact of the Biological Sciences.
In 1969, the University of Wisconsin at Green Bay started a full
academic program focused on ecology. In recognition that environ-
mental education cuts across conventional boundaries of academic
disciplines, the four colleges within the university complex are orga-
nized around themes rather than disciplines. The central themes are:
environmental sciences, community sciences, human biology, and crea-
tive communication.
Innovation in the Schools
At the elementary and secondary levels, the trend is toward weaving
new material into established courses and using the environment itself
and community resources to teach youngsters what they need to know.
In South Carolina a State-sponsored, 6-year project has produced
eight curriculum guides for teachers, grades 1-12, in science, social
studies, home economics, and outdoor education. The guides consist
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GUIDELINES AND REPORTS 2643
of over 400 lessons which any teacher can use to introduce, develop, and
expand environmental concepts.
The National Park Service's National Environmental Education
Development (NEED) program, partially funded by the National
Park Foundation, tries to relate the individual child to his own en-
vironment through a simple set of five basic ecological principles.
The NEED program has produced teacher guides and student ma-
terials for grades 3 to 8 and eventually will cover kindergarten through
12th grade. Each lesson involves development of a major ecological
theme, the perception of how the principle works, and its meaning to
the individual. Pivotal to the use of the NEED materials is the de-
velopment by the National Park Service of National Environmental
Study Areas (NESA). The NESA program is a nationwide, environ-
mental education, joint endeavor with local communities. It uses
NEED materials together with the regular school curricula to de-
velop an awareness and understanding of the total environment, the
student's relationship to it, and a sense of responsibility for it. NESA's
may be natural, historical, or cultural. The majority of them even-
tually will probably be located within or close to urban areas. The
NEED program emphasizes the idea that environment is everything
and everywhere and that urban environs are proper places for its study.
But the field trips which are a part of the NEED program give many
city-bound school children their first taste of another environment
as well.
New York City's Center for Urban Education has launched Plan-
ning for Change, a civic action program that involves upper elemen-
tary-grade children in environmental improvement projects. The Con-
servation and Environmental Science Center at Brown's Mills, N.J., is
operated by a consortium of more than 60 school districts. Established
with Elementary and Secondary Education Act, title III, funds from
the U.S. Office of Education, it has developed curriculum guides and
college-sponsored courses. It also aims to produce new material for
environmental education in urban, suburban, rural, and marine set-
tings. The center also conducts 1-day field study programs and week-
long resident programs.
The Audubon Naturalist Society and the Logan Community School
in the District of Columbia together developed a continuing program
on environmental awareness and ecological concepts for fifth and sixth
graders. That program takes a natural area to compare and contrast
with the urban environment. The Philadelphia Parkway Program, a
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2644 LEGAL COMPILATION—GENERAL
year-round experimental high school project, uses the total city en-
vironment as the classroom and the life of the city as the curriculum.
This model has recently been adopted by the city of Chicago. Wash-
ington, D.C., and San Francisco have developed similar projects,
scheduled to begin this fall.
National conservation and environmental organizations conduct
myriad educational efforts aimed at both the classroom and the public.
The Conservation Foundation has produced educational films. And it
publishes the monthly "CF Letter," a roundup of environmental issues.
The National Wildlife Federation issues "Conservation News" and
puts out educational materials under its "Banger Kick" program.
The National Audubon Society runs ecological workshops for school
teachers. And in consort with the New York City Schools, it has
launched a study series titled "A Place to Live" for fourth, fifth, and
sixth grade students living in an urban environment.
Several national organizations keep close track of what the Federal
Government is doing in the environmental area. The Natural Ke-
sources Council of America puts out "Legislative News Service" and
"Executive News Service." The Sierra Club publishes a bulletin of
current information on events in Washington.
Conferences and workshops are becoming commonplace. The Na-
tional Recreation and Park Association is teaching park interpretation
to park guides—from the point of view of public understanding and
involvement. The Conservation Foundation has conducted, and the
League of Women Voters Education Fund plans to conduct, air qual-
ity workshops to help local leaders assess air quality standards pro-
posed in their States. These workshops have been cosponsored by a
battery of civic, health, and religious organizations, many of them
new to environmental forums.
Each of the national goals outlined in the National Environmental
Policy Act has an educational component from which specific environ-
mental educational policies can be derived. Eventually these national
goals must be translated into regional, State, community, and local
environmental education objectives.
The responsibility for environmental renewal and restored ecologi-
cal balance is a task for the total society. If the goal of improved en-
vironmental quality is to be reached, the bulk of the population must
improve its understanding of the ecological system and how man's
actions affect it.
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GUIDELINES AND REPORTS 2645
TRAINING ENVIRONMENTAL MANPOWER
Equipping the Nation for intelligent and effective environmental
management will require specific skills. As we begin to solve the most
immediate environmental problems, manpower training efforts must
be vastly accelerated. Government and private groups in the next
decade will spend billions of dollars for physical facilities. Plants,
laboratories, and research stations dealing with the environment are
now understaffed, and projections show that this personnel shortage
will worsen. Technicians will be needed, in far greater numbers than
are now being trained, to cope with problems of water supply, waste
water treatment, solid waste management, and air pollution control.
Efforts are underway to train additional technicians, particularly
the disadvantaged, with emphasis on moving them quickly into the job
stream. There is need for new programs to train technicians who
have fundamental technical skills and can easily adapt to constantly
emerging job categories. It may be possible, for example, to modify,
coordinate, or merge some of the present specialized technician pro-
grams into broader environmental technician programs. Commu-
nity and junior colleges are especially suited to provide innovative
training for environmental technicians.
The most urgent future environmental manpower need is for waste
water treatment plant operators and technicians. The Federal Water
Quality Administration (FWQA) estimates that jobs for 28,000 new
waste water treatment plant operators and technicians will open up
over the next 5 years. And 36,500 operators and technicians must be
retrained to higher skills. FWQA-assisted projects trained 981 oper-
ators in 15 States and in Puerto Rico in 1969. Approximately 2,800
operators in 30 States will be trained during 1970. FWQA also is
working with the Department of Defense to attract returning service-
men to the pollution control field through DOD's "Project Transi-
tion.'' A pilot program will train approximately 300 servicemen as
treatment operators.
FWQA also manages a program of grants and fellowships for
training professional and scientific manpower. Training grants in
1970 will support 693 trainees, most of whom are working toward
master's degrees. Research fellowships are also awarded in work
toward Ph. D. degrees. Approximately 100 students are supported
each year in this way. Finally, FWQA provides special short-term
courses—more than 50 courses—just last year, reaching some 1,300
persons.
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2646 LEGAL COMPILATION—GENERAL
To meet some of the most critical immediate manpower needs, the
Department of Health, Education, and Welfare (HEW) and the
Department of Labor are helping to set up special pre-admit com-
munity college programs and postsecondary technical school programs
on the environment. Manpower Development and Training Act
(MDTA) funds have been earmarked for these programs which will
train disadvantaged youths for careers as environmental technicians.
HEW's Office of Education has committed MDTA funds for work-
shops to help community colleges and local vocational and technical
schools develop curriculum and projects for environmental manpower
training. The Office of Education and the Department of Labor are
recruiting disadvantaged, unemployed young adults and enrolling
them in the special community college programs.
HEW's Environmental Health Service (EHS) is considering an
environmental manpower planning system. Work on the proposal is
underway now in concert with several other Federal agencies—the
Environmental Control Administration and the National Air Pollu-
tion Control Administration, both of EHS; the Federal Water Qual-
ity Administration in the Department of the Interior; the Depart-
ment of Housing and Urban Development; the National Science
Foundation; and the Department of Transportation. The proposed
system will lay a common framework for evaluating and stimulating
efforts of the several agencies as they relate to State, local, and private
sector planning.
EHS will develop a "Dictionary of Occupational Definitions" and
a "Guide to the Development of Staffing Patterns and Manning
Charts." Other steps are: development of national estimates of envi-
ronmental manpower supply, vacancies, needs, and production; collec-
tion of data on staffing levels necessary to attain a determined level
of environmental quality; and production of workable models for pre-
dicting manpower demand and supply.
Public Health Service agencies support a mix of environmental edu-
cation programs in colleges and universities and conduct an array of
technical short courses and seminars for community leaders. The pro-
grams aim to prepare specialists and generalists for prevention and
control of environmental hazards and for research in environmental
sciences.
The National Air Pollution Control Administration is developing
manpower regionally. It envisions 12 centers in or near major metro-
politan areas. At each site a university consortium will be developed
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GUIDELINES AND REPORTS 2647
to improve the quality and quantity of training and research. The
consortia will expand the involvement of the participating universities
in air pollution control by deepening-their interrelationships in co-
operative research and curriculum development.
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GUIDELINES AND REPORTS 2649
XIII
na
I leea.6
THIS EEPOET has looked closely at particular environmental
problems. It has looked at what is being done now to com-
bat them. And it has looked at what might be done in the days, months,
and years ahead. The agenda for urgent action is long. Much has
already been done, but much more must still be done with current
management tools wielded by existing institutions. Moreover, the pace
of change in programs underway promises, over the next few years,
to brake even further what has seemed a headlong careening toward
environmental decay.
The pressing need for tomorrow is to know much more than we do
today. We lack scientific data about how natural forces work on our
environment and how pollutants alter our natural world. We lack
experience in innovating solutions. We lack tools to tell us whether
our environment is improving or deteriorating. And most of all, we
lack an agreed upon basic concept from which to look at environmental
problems and then to solve them.
-------
2650 LEGAL COMPILATION—GENERAL
NEEDED—A CONCEPTUAL FRAMEWORK
A problem is said to exist when our view of what conditions are
does not square with our view of what they should be. Problems, in
short, are products of our values. People agree—for example, that a
river should not be polluted. And when they see that it is, water pol-
lution becomes a problem. But some of the values dealt with in this
report are not unanimously agreed upon. The chapter on land use is
critical of urban sprawl; yet many Americans choose to live in dwell-
ings which abet such sprawl. This uncertainty about what values are
relevant to environmental questions and how widely or strongly they
are held throws up a major obstacle to conceiving environmental prob-
lems. How much value do Americans place on the natural environ-
ment as against the man-made environment of cities ? How much do
people value esthetics? Do they agree about what is esthetically desir-
able ? These and a host of similar questions must be raised when try-
ing to align priorities for coping with environmental decline.
Our ignorance of the interrelationship of separate pollution prob-
lems is a handicap in devising control strategies. Is pollution directly
related to population or to land use or to resources ? If so, how ? In-
deed, does it do any good to talk about pollution in general, or must
we deal with a series of particular pollution problems—radiation,
pesticides, solid waste ? A systems approach is needed, but what kind
of system ? The pollution system, the materials and resources use sys-
tem, the land use system, the water resources or atmospheric system ?
In this report the Council has suggested tentative answers to some of
these questions. But much more thought is necessary before we can be
confident that we have the intellectual tools necessary to delineate ac-
curately the problems and long-range strategies for action.
Experience will help resolve some of the conceptual problems. We
already know what problems are most pressing. Clearly we need
stronger institutions and financing. We need to examine alternative
approaches to pollution control. We need better monitoring and re-
search. And we need to establish priorities and comprehensive
policies.
-------
GUIDELINES AND REPORTS 2651
NEEDED—STRONGER INSTITUTIONS
Most of the burden for dealing with environmental problems falls to
governments at all levels. And the Nation's ability to strengthen
these institutions is central to the struggle for environmental qual-
ity. To make them stronger, fundamental changes are necessary at
Federal, State, and local levels of government. Chapter II of this re-
port treats in detail the President's proposed improvements in the Fed-
eral Government for better environmental policy development and
management. Although these changes will not be the final answer,
they do lay the base for a comprehensive and coordinated Federal
attack on environmental problems.
States play a key role in environmental management because of
their geographic scope and broad legal powers. Many have reorgan-
ized to focus comprehensively on environmental problems. Many are
helping municipalities build sewage treatment plants; some are plan-
ning statewide treatment authorities to construct and operate plants.
And California has led the Nation in trying to curb automobile air
pollution since the 1950's. In land use control many States are carving
out larger responsibilities for land use decisions of regional scope.
In many respects local government, of all the levels, most needs
institutional improvement. It has suffered from fragmentation, from
skyrocketing demands and costs for public services, and from gen-
erally inelastic tax sources. The financial burden of environmental
improvement staggers local governments. Most of the costs of water
pollution control, both capital and operating expenses, come from
their budgets. In some cities, efforts to deal with combined sewer over-
flows raise almost insuperable financial and technical hardships. Solid
waste disposal is a major expense for most local governments, and
Ihe costs grow as disposal techniques are upgraded, as land grows
scarcer, and as wages spiral. On top of its financial headaches, local
government is caught in a tangled web of overlapping and con-
flicting jurisdictions that hamstring solutions to land use and air
pollution.
Existing institutions must be made better and, in some cases, new
institutions created to deal with the environment. Occasionally more
-------
2652 LEGAL COMPILATION—GENERAL
funds, personnel, and public support are all that is necessary. Other
cases call for a more fundamental restructuring. This may mean
extending geographic coverage and operational capabilities. Air and
water pollution, for example, do not respect political boundaries, so
institutions covering entire watersheds or airsheds may be necessary
to cope with them. Important aspects of land use planning, review,
and control may need to be shifted to regional or State levels as the
only way to tie land use needs together over wide areas. And new forms
of land use criteria may be necessary to reverse the current myopia of
local government zoning.
Many environmental problems cross not only local, state, and re-
gional boundaries, but international boundaries as well. Control of
pollution of the seas and the atmosphere requires new forms of inter-
national cooperation—for monitoring, research, and regulation.
NEEDED—FINANCIAL REFORM
Financing for environmental quality is in need of dramatic over-
haul. Liquid and solid waste collection and disposal by local govern-
ments represent an indispensible service—not unlike electricity and
water. Yet rarely do the users of these services, industry and home-
owners, bear the full costs of operation and amortization. Rather,
financially beleaguered local governments subsidize these services.
The current method of financing, therefore, is not only inequitable;
it encourages a greater accumulation of waste by industries be-
cause they do not bear the full cost? of disposal. It deprives local
governments of needed funds to operate and maintain waste disposal
facilities properly. In short, it contributes to the sorry performance
of facilities in the United States in treating sewage and disposing of
solid wastes. If future demands for environmental improvement are
to be funded adequately, better methods of financing must be
developed.
NEEDED—POLLUTION CONTROL CURBS
This report discusses many tools for curbing pollution. Most have
been regulatory. For centuries authority to regulate has been wielded
to a limited extent—more broadly by the middle of the 20th century.
-------
GUIDELINES AND REPORTS 2653
But there is considerable debate whether regulation represents the
best course of action. Economic incentives have won increasing sup-
port as a pollution control weapon. Charges or taxes on the volume
of pollutants—say, 10 cents a pound on oxygen-demanding ma-
terial—are another lever that might spur industry to reduce wastes.
The charge system, some say, would not only be more economic but
also more effective compared to the traditionally cumbersome en-
forcement process.
In this report the Council urges stricter and more systematic en-
forcement of air and water standards. That cannot be done, however,
without better monitoring and data—as well as clear-cut, enforce-
ment policies that will leave no doubt of responsibilities on the part of
the private sector.
The Council believes that economic incentives offer promise, es-
pecially if backed up by regulatory power. It believes that they should
be selectively demonstrated. And it believes that effluent or emission
charges should be evaluated as a supplementary method of stimulating
abatement measures.
NEEDED—MONITORING AND RESEARCH
Effective strategy for national environmental quality requires a
foundation of information on the current status of the environment,
on changes and trends in its condition, and on what these changes mean
to man. Without such information, we can only react to environmental
problems after they become serious enough for us to see. But we can-
not develop a long-term strategy to prevent them, to anticipate them,
and to deal with them before they become serious. For example, we
became aware of the mercury problem only after it had become critical
in some areas and had probably done environmental damage. Yet
we still do not know the extent or significance of that damage. Our
attack on the problem can now be but a cure or a cleanup. It has al-
ready happened. However, if we had possessed an adequate environ-
mental early warning system, we would have been able to anticipate
mercury pollution and take early action to stop it at its sources.
We do not know what low-level exposure to most pollutants does
to man's health over the long term. Nor do we know how people react
to changes in their environment. The challenge to the social sciences
is to develop entirely new gauges to measure environmental stress.
-------
2654 LEGAL COMPILATION—GENERAL
What do crowding, urban noise, and automation do to man? These
are critical questions. We do not understand enough about the inter-
actions of different environmental forces such as urbanization, land
use, and pollution. We do not even understand many of the natural
processes that play critical roles in environmental well being—such
as changes in world climate.
To obtain such information, a comprehensive program is required.
It involves nationwide environmental monitoring, collection, analysis,
and—finally—effective use of the information. In the case of some
pollution, such monitoring should be international.
The first step is to identify the environmental parameters—things in
the environment which are or should be measured. These range from
substances such as DDT, sulfur dioxide, and lead to percentages of
open space in the cities, visitor use of parks, and survival of species.
Once identified, the parameters must be monitored—measured on a
regular, repeated, continuing basis. In this way, baselines of the
present status can be determined and changes from that base detected.
Environmental indices can be developed from these data. Indices are
data aggregated to provide a picture of some aspect of environmental
quality—for example, the quality of air as it affects human health.
They are not unlike the cost of living index by which economists
measure the status of the economy and by which housewives measure
their budgets. Some environmental indices—and the parameters on
which they are based—are easily identified and measured. For exam-
ple, conditions that clearly affect human health in air or drinking
water can be easily detected. Other indices and parameters are based
on value judgments and are much more difficult to deal with. The
quality of National Parks and scenic beauty are examples. To develop
indices, the information from monitoring must be collected, trans-
lated into a usable form, and analyzed. Good indices do two im-
portant things. They inform the general public of the quality of the
environment, and they inform the government and other decision-
makers who can take action. Good indices show the current environ-
mental quality on a national or local scale and whether this condition
is improving or degrading.
At present no nationwide environmental monitoring and informa-
tion system exists. Federal, State, and local agencies now collect a
variety of data. Many of these data, however, are obtained for limited
program purposes or for scientific understanding. They are fragmen-
tary and not comparable on a nationwide basis. Although it may be
possible to use some of these in the comprehensive system which is
-------
GUIDELINES AND REPORTS 2655
needed, at present they do not provide the type of information or
coverage necessary to evaluate the condition of the Nation's environ-
ment or to chart changes in its quality and trace their causes.
Therefore, a major national objective must be to develop a compre-
hensive nationwide system of environmental monitoring, information,
and analysis. The Council has initiated a study of the nature and re-
quirements for the early development of such a system. However, even
after we have developed a system, we must then have additional
knowledge to enable us to understand and interpret the data we get.
We are not yet in a position to understand the significance of the moni-
toring results to man and to natural systems. More research is needed
on how the environmental systems operate and on the impact of man
on the environment and its impact on him. Consequently, augmenting
such research must take a high national priority.
NEEDED—A SYSTEM FOR PRIORITIES
It is difficult, given the current state of environmental knowledge,
to set long-term priorities for the future. Relevant measures of envi-
ronmental quality are often not available or, if available, are inade-
quate. These difficulties are compounded by great regional differences.
For the present we can use our limited current data to identify press-
ing problems for immediate attention. In the future, the difficult task
of deciding the Nation's environmental priorities, however, must be
faced. Resources for combating environmental blight and decay are
limited. Choices will have to be made on which problems have first
claim on these resources. Four main criteria should determine this
priority:
• The intrinsic importance of the problems—the harm caused by
failing to solve them.
• The rate at which the problems are going to increase in mag-
nitude and intensity over the next few years
• The irreversibility of the damage if immediate action is not
taken
• The measure of the benefits to society compared to the cost of
taking action.
The process of setting priorities is difficult. There is deep conflict
over which problems are most important. And the inertia of on-going
activities is a major obstacle. There are conflicts between the needs of
-------
2656 LEGAL COMPILATION—GENERAL
industry and the needs of the environment. And the public yearning
for more conveniences clashes often with the best interests of the
ecology. Nor will the priorities of the Federal Government always
coincide with those of State and local governments. The Federal
priorities will be broad and national. States and localities, how-
ever, will often give higher priority to other aspects of environmental
quality. As long as these other levels of government at least meet
national standards, the imposition of higher standards in some areas
is welcome. Whatever the divergences, diligent application of pri-
orities will be necessary to make any real progress toward a high qual-
ity environment.
NEEDED—COMPREHENSIVE POLICIES
As priorities are developed, policies must be devised to translate
them into action. These policies may consist of a mix of activities
aimed at a particular goal. Dealing with many environmental prob-
lems will require a battery of economic incentives, regulations,
research, and assistance programs. In some areas, policies cannot be
developed until more information is available. In other areas, they can
and should be developed now.
For example, the need for a, national energy policy is clear. As the
demand for power increases rapidly, new power facilities have to be
built. Power plants will pollute the air with oxides of sulfur and nitro-
gen, the water with heat, and the landscape with mammoth towers and
obtrusive power lines.
This environmental harm cannot be wholly averted now, but it can
be limited. For the short term, the design and siting of power gen-
erating facilities and transmission lines must be better planned and
controlled. But for the longer run, a national energy policy should be
developed. It would require a comprehensive analysis of energy
resources and actual needs. It would provide for wise use of fuels,
both conserving them for the future and lessening environmental
damage. For example, wider use of nuclear fuel, natural gas, or low
sulfur coal and oil would lower sulfur oxide levels in critical areas.
As national transportation policies are shaped, air pollution is one
among several critical environmental factors that must be considered.
Although air pollution can be abated by enforcing emission standards,
control devices for individual vehicles and other technological solu-
-------
GUIDELINES AND REPORTS 2657
tions may not be enough in the long run to keep air pollution from
worsening as population and the number of automobiles continue
to increase in the cities. One part of a transportation policy should be
the continued examination of alternative means of curbing auto
emissions, such as the development and use of systems combining the
flexibility of the individual automobile with the speed of'modern
mass transportation.
Control over land use, a critical need of the seventies, is lodged for
the most part in local governments. And often local solutions are
piecemeal and haphazard. The local property tax favors the single-
family residence on a large lot over types of housing less wasteful of
land. Planning often fails to take into account the impact of develop-
ment on the natural surroundings and often is not heeded by local
governments. All these factors together lead to a series of local zoning
decisions and regulatory action that perpetuate urban sprawl.
The State role in land use control has traditionally been small
because most of the authority has been delegated to local governments.
And direct Federal control over local land use is smaller still. How-
ever, the Federal Government can influence how land is used through
planning and capital grants. Under existing programs the Federal
Government, by its actions, could spur more modern land use meth-
ods. It could encourage cluster zoning and timed development. It
could identify natural areas for preservation and encourage channel-
ing of future growth in more rational patterns.
The problems of land use are complicated and diffuse. And the
challenge is to center all the capabilities of all levels of government
in a coordinated attack on them. The problems and the challenge to-
gether argue for a national land vise policy.
Population growth and economic growth are potential wellsprings
of environmental decay. They increase the demands upon limited
natural resources. The U.S. population will continue to grow for the
next few decades. But environmental quality is difficult to achieve if
population growth continues. The President has appointed a com-
mission on Population Growth and the American Future, headed by
John D. Rockefeller III, which will explore the policy implications
of future population growth.
The development of knowledge will doubtless indicate many new
areas in which national policies are appropriate. And as these policies
are developed, specific programs for implementation must then be
formulated.
-------
2658 LEGAL COMPILATION—GENERAL
CONCLUSIONS
The year 1970 represents a pivotal year in our battle for a clean
environment. The Nation is committing resources at all levels of gov-
ernment and in the private sector. Public support is at an all-time
high. And the President's proposal for consolidation of anti-pollution
programs, coupled with the Council's policy advisory and coordi-
nating role, provide an opportunity to look at environmental quality
in new ways.
This report emphasizes the need to move aggressively now to deal
with problems that can be dealt with within existing knowledge and
by existing institutions. For the long term, we need much more knowl-
edge of values; the scope and nature of environmental problems;
status and trends in the environment; the workings of natural proc-
esses; and the effects of pollutants on man, animals, vegetation, and
materials. As we gain this knowledge, we will need to develop the
institutions and financing mechanisms, the priorities, the policies, and
finally, the programs for implementation. Without such a systematic
approach, the current piecemeal, unrelated efforts will achieve only
partial and unsatisfactory progress in meeting environmental prob-
lems of tomorrow.
This report emphasizes that changes in one part of the environment
inevitably trigger changes in other parts. These complex interactions
of environmental processes must be looked at as a whole. While keep-
ing in mind the indivisibility of the environment and its intricate in-
terrelationships, it is also necessary that some segments be treated
separately when attacking environmental decay. Water pollution
caused by a specific source may affect an entire ecosystem. But enforce-
ment action must be taken against the particular source, not against
the ecosystem. The major portion of this report has dealt separately
with interrelated environmental problems, but only because of the
inadequacy of our current framework for considering the environment
and the need to focus attention on particular problem areas.
The National Environmental Policy Act of 1969 clearly stresses
the necessity of approaching environmental problems as a totality.
The act requires that Federal decision making incorporate environ-
mental values along with technical and economic values; that both
short- and long-term effects be given careful consideration; and that
irreversible actions and commitments be carefully weighed.
-------
GUIDELINES AND REPORTS 2659
t
National environmental goals must be developed and pursued in
the realization that the human environment is global in nature, and
that international cooperation must be a principal ingredient to effec-
tive environmental management.
All levels of government should function in two distinct ways: With-
in their geographic scope and needs, they must consider and plan for
the environment as an interrelated system. But at the same time they
must make specific decisions and take specific actions to remedy en-
vironmental problems. These two levels apply to action by individual
citizens and private institutions as well. Our view of the environment
and its value is changing and will continue to change. But these changes
have effect only as they relate to specific choices by local communities,
by particular industries, and by individuals. People in the end shape
the environment. If a better environment is passed down to future gen-
erations, it will be because of the values and actions of people—all of
us—today.
-------
2660 LEGAL COMPILATION—GENERAL
4.2b The Second Annual Report of the Council on Environm
tal Quality, August 1971, pp. 3-265
the past year-
federal and inter-
national activity
If 1970 was, as the Council said in its First Annual Report,
"the year of the environment," then 1971 may be known as the
environmental year of action. As the Council's First Annual
Report recognized, 1970 marked a beginning of unprecedented
awareness of and concern with environmental quality in our
Nation.
Since then, Federal, State, and local governments, international
organizations, industry, and citizens all have moved vigorously to
restore and protect the environment. Much was done in the last
half of 1970. And so far in 1971 the tempo and scope of activity
have quickened.
A key first step in all sectors of activity has been simply to
organize for action. Without effective organization, a sustained
and coherent approach to identifying problems, setting standards,
and enforcing them is impossible. Without it, research and moni-
toring and the development and effective use of control tech-
nology are haphazard and the political processes are frustrated.
Organization has been critical not only for government on all
levels, but for industry and citizens as well.
As more effective organizations have begun to operate, the
activities they were designed to facilitate have proceeded apace.
Citizens have voted for environmental improvement—and have
given their time to it. Regulatory agencies have accelerated the
tempo of their activities. Industries increasingly have committed
themselves financially to comply with pollution control stand-
-------
GUIDELINES AND REPORTS 2661
ards. And international institutions have entered more forcefully
into the arena of environmental action.
This chapter and the next two discuss in a necessarily selec-
tive fashion examples of what has been done in the past year. In
some instances it is too soon to know whether this activity truly
represents improvement. Indeed, in a field so vast and complex
as environmental quality, there will be false starts. Some well-
intentioned efforts will produce unanticipated and unwanted
results. But rather than fail to act at all until every uncertainty
is resolved—a time when action may be too late—the Nation
has clearly demonstrated it intends to move forward now, with
the best knowledge at its command.
federal government developments
Since our last report, the resources of the Federal Government
have been significantly mobilized on behalf of environmental
quality. The Federal organizational structure for dealing with
environmental problems has been reshaped. Further reforms
have been proposed. Federal environmental programs have been
strengthened, and innovative legislation has been sent to the
Congress. Federal agency awareness of environmental problems
has been heightened significantly since the impact statement re-
quirements of the National Environmental Policy Acta took
effect.
reorganization
environmental protection agency—The Environmental Protec-
tion Agency (EPA) was officially born on December 2, 1970. It
consolidated into one agency the major Federal programs deal-
ing with air pollution, water pollution, solid waste disposal, pes-
ticides regulation, and environmental radiation. The President
named then-Assistant Attorney General, William D. Ruckelshaus,
EPA's first Administrator.
The Agency has made a rapid start. It announced a series of
water pollution enforcement actions within 3 weeks after its
formation. In the following few months, it made major moves to
implement the Clean Air Act and to cancel pesticide registrations
for DDT, aldrin, dieldrin, and Mirex. Internally, EPA quickly
organi/ed itself to cope functionally with related environmental
programs (see Figure 1), which was an important reason for its
establishment. Three of the five Assistant Administrators have
line responsibility for the major functional areas—planning and
management, enforcement, and research and monitoring. A
fourth Assistant Administrator supervises the air and water pro-
gram offices. And the fifth supervises the pesticide, radiation, and
-------
2662
LEGAL COMPILATION—GENERAL
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GUIDELINES AND REPORTS 2663
solid waste programs. EPA's 10 regional directors report directly
to the Administrator.
Organization by itself, however, cannot make programs work.
Because they also require adequate resources, the Administration
lias recommended a major increase in EPA funding and person-
nel. The fiscal year 1972 budget requests $2.45 billion tor EPA—
an almost 90 percent increase over the 1971 level—and a man-
power hike of 1,655 authorized positions over the current 7,192.
Two billion dollars of the proposed 1972 funds would be grants
to communities for building waste treatment plants.
Although EPA and the Council on Environmental Quality
work closely, there are significant differences between the two.
The Council is a small, staff agency in the Executive Office of the
President. Its responsibility is to provide policy advice to the
President and to review and coordinate the environmental im-
pact and environmental control activities of all Federal agencies.
EPA is an operating line agency. Its responsibility is to admin-
ister and conduct Federal pollution control programs. While
EPA's activities focus on pollution control, the Council's concern
is with the whole spectrum of environmental matters, including
parks and wilderness preservation, wildlife, natural resources.
and land use.
national oceanic and atmospheric administration—The Na-
tional Oceanic and Atmospheric Administration (NOAA) is the
second major organizational innovation of 1970. This new agency,
within the Department of Commerce, consolidates the major
Federal oceanic and atmospheric research and monitoring pro-
grams. Both the Weather Bureau and the Coast and Geodetic
Survey now operate within NOAA.
Dr. Robert M. White, former Director of the Environmental
Science Services Administration in the Department of Commerce,
is NOAA's first Administrator. The agency monitors the impact
of pollutants on the marine environment; describes changes in
the oceans, estuaries, and the atmosphere; and establishes ecologi-
cal base line data and models.
department of natural resources—a proposal—EPA and NOAA
significantly improve the Government's ability to deal with envi-
ronmental problems. But the Federal ability to cope with natural
resources problems—including energy, water, land management,
and recreation resources—is still scattered among several agen-
cies. To deal with that problem, the President's Advisory Coun-
cil on Executive Organization recommended a Department of
Natural Resources. On March 25, 1971, the President sent to the
Congress legislation to create such a department.-
The Department would consist of five parts: land and recrea-
tion; water resources; energy and mineral resources; oceanic, at-
mospheric, and earth sciences; and Indian and territorial affairs
(see Figure 2).
-------
2664
LEGAL COMPILATION—GENERAL
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GUIDELINES AND REPORTS 2665
The Department would embrace most of the agencies now in
the Department of the Interior; the Forest Service and the Soil
Conservation Service from the Department of Agriculture; the
civil works planning functions of the Army Corps of Engineers;
the civilian power functions of the Atomic Energy Commission;
and the National Oceanic and Atmospheric Administration from
the Department of Commerce.
congressional organization—The Congress also is seeking to
focus and coordinate its responsibilities for environmental pro-
grams. Both the House and the Senate passed joint resolutions
to create a Joint Committee on the Environment.3 An equal num-
ber of Senators and Representatives would sit on the Committee.
It would not have legislative authority, but it would be empow-
ered to study the impact of environmental and technological
changes. And it would pursue methods for upgrading environ-
mental quality. Its responsibilities would be analogous to those of
the Joint Economic Committee. Differences in the House and
Senate versions of the resolution may require a conference to
negotiate a single version for final passage.
The Congress also reorganized and expanded existing commit-
tees to give more explicit attention to the environment. Two
House and four Senate committees have added "environment" to
their official titles, in most cases simply identifying more specific-
ally their preexisting jurisdiction. In addition, three new envi-
ronmental subcommittees were created: the Subcommittee on En-
vironmental Science and Technology of the Senate Committee
on Public Works; the Subcommittee on Environment of the
House Committee on Interior and Insular Affairs; and the Sub-
committee on Environment Problems Affecting Small Business
of the House Select Committee on Small Business.
environmental programs
air quality—implementation of 1970 clean air amendments—
The Federal air quality program changed dramatically when the
Clean Air Amendments of 1970 became law.4 They embody both
recommendations contained in the President's 1970 Message on
the Environment and proposals from the Congress. The Act re-
quires EPA to establish national air quality standards as well as
national standards for significant new pollution sources and
for all facilities emitting hazardous substances. It also estab-
lishes a framework for the States to set emission standards for
existing sources in order to achieve the national air quality
standards. The State implementation plans are subject to Fed-
eral approval. If a State plan is unacceptable, the Federal Gov-
ernment is empowered to promulgate a plan of its own which
will take precedence. The 1970 Act also provides more effective
procedures for Federal enforcement.
-------
2666 LEGAL COMPILATION—GENERAL
The 19^0 Amendments require stringent national emission
standards for new automobiles—a 90 percent reduction from
existing levels of hydrocarbons and carbon monoxide by 1975
and a 90 percent reduction of nitrogen oxides by 1976. EPA
has issued emission regulations to implement these require-
ments.4'1 The Amendments authorize EPA to set emission stand-
ards for air pollution from airplanes, authorize citizen suits to
enforce the provisions of the Act, and strengthen controls over
pollution from Federal facilities.
EPA has set national air quality standards for paniculate mat-
ter, sulfur oxides, carbon monoxide, photochemical oxidants,
hydrocarbons, and nitrogen oxides.3 By January 30, 1972, State
plans to implement these standards must be submitted to EPA,
which has mounted a major effort to help the States prepare the
plans. Regulations prescribing the content of the plans have
been published.'1
The EPA Administrator has published an initial list of five
categories of stationary sources of pollution for which perform-
ance standards, requiring use of the best adequately demonstrated
control technology in new facilities, will be established.7 The five
categories are nitric acid plants, contact sulfuric acid plants,
portland cement plants, large incinerators, and fossil fuel steam
generators. Asbestos, mercury, and beryllium have been desig-
nated as hazardous air pollutants for which Federal emission
standards, applicable to all sources, will be promulgated.8 Addi-
tional sources and pollutants may be designated as additional
information is developed.
Pursuant to the Clean Air Amendments of 1970, the President
issued on June 30, 1971, Executive Order 11602, which provides
for facilities involved in convictions under the Clean Air Act
for noncompliance with standards to be barred from entering pro-
curement or other contracts with the Federal Government and
from receiving Federal financial aid (see Appendix 1).
enforcement—While Federal enforcement of emission and per-
formance standards under the 1970 Amendments must await final
promulgation of the standards, EPA continues to exercise its
limited enforcement authority under preexisting provisions of
the Clean Air Act. One case which has received considerable pub-
lic attention involves the Union Carbide Corp. plant in Mari-
etta, Ohio. The plant has been the subject of an enforcement
conference that began in 1967. In November 1970, Union Car-
bide was given until the end of the year to submit an acceptable
timetable for complying with conference recommendations. How-
ever, EPA rejected the company's several plans. Union Carbide
then stated that the proposed EPA timetable could be achieved
only by closing part of the plant and laying off 625 workers.
After further negotiations, the company determined that it could
-------
GUIDELINES AND REPORTS 2667
comply without laying off any workers. A new compliance sched-
ule agreed to by Union Carbide calls for the plant to cut its
emissions 70 percent by April 1972.
proposed lead tax and sulfur charge—Measured by weight of
pollutants emitted, the automobile continues to be the greatest
single source of air pollution. The primary focus of past controls
has been to reduce emissions by making changes in new automo-
biles. In the last 2 years, attention has turned to the gasoline
used by cars—particularly to the lead added to gasoline to in-
crease octane and eliminate "knock." Lead in gasoline is a po-
tential health hazard when emitted into the air in automotive
exhaust. In addition, it interferes with devices that will very
likely be used to control other automotive pollutants in order to
meet the stringent 1975-76 emission standards.
The Clean Air Amendments of 1970 contain authority re-
quested by the President to regulate polluting constituents ot
automotive fuels such as lead. In addition, the President pro-
posed a tax on the lead in gasoline to encourage motorists to
buy low-lead or unleaded gasoline by making their prices com-
petitive with that of leaded gasoline. Without the tax, leaded
gasoline is cheaper to produce and hence is less costly to the
consumer than unleaded gasoline of comparable octane rating.
The tax would help to insure that low-lead or unleaded gaso-
line is available in sufficient quantities now for automobiles
whose octane requirements permit its use and in larger quanti-
ties when automotive pollution control devices requiring such
gasoline are available to meet the 1975 emission standards. Also,
in October 1970, the President announced that Federal vehicles,
whenever possible, will use low-lead or unleaded gasoline.
The proposed lead tax is an economic lever to force pollution
control. An even bolder attempt to accomplish the same end is
the President's 1971 proposal to impose a charge on sulfur oxides
emissions. The clean air emission charge would be levied on sul-
fur emitted into the atmosphere from combustion or distillation
of fossil fuels. The charge is intended to stimulate development
and use of sulfur oxides control technology and fuel cleaning
technology and to encourage use of low-sulfur fuels. The charge
would complement, not replace, regulation of sulfur oxides emis-
sions under the Clean Air Act. The Council on Environmental
Quality and the Treasury Department together are preparing a
detailed proposal for the Congress.
water quality—the refuse act: permits and enforcement—On
December 23, 1970, the President announced a new program to
control water pollution from industrial sources through the per-
mit authority in the Refuse Act of 1899.9 The Refuse Act out-
laws discharges and deposits into navigable waters without a per-
mit. The Secretary of the Army may issue a permit only when
the Corps ol Engineers determines that anchorage and navigation
-------
2668 LEGAL COMPILATION—GENERAL
will not be impaired. Knowing violation of the Refuse Act is a
misdemeanor, subject to a §2,500 fine or 6 months' imprison-
ment. Violators also are subject to civil suits for injunctive relief.
The program initiated by the President makes a permit man-
datory for all industrial discharges into navigable waters of the
United States.10 Violators of water quality standards—including
standards imposed by EPA when Federal-State or State standards
do not apply or are clearly deficient—are ineligible for permits
and liable to enforcement proceedings. All dischargers were
required to file basic information on their discharges by July 1,
1971, with an October 1, 1971, deadline for certain more detailed
or difficult to obtain information.
To obtain a permit, an industrial discharger must disclose
what effluent he intends to discharge and how much of it. Per-
mits require periodic followup disclosures.11 This is a key advan-
tage of the permit system. It will provide a much more accurate
index of the nature and extent of industrial pollution than we
now have. In return, industry will obtain more explicit guidance
on waste treatment requirements.
There has been no moratorium on use of the Refuse Act to
enforce water quality standards while the permit program is
being initiated. The Administration has announced that the
filing of a permit application will not preclude an enforcement
action against the applicant. Indeed, since the permit program
was announced, enforcement activity under the Refuse Act has
continued to increase.
During the first 11 months of fiscal year 1971, approximately
159 criminal actions were initiated under the Refuse Act, com-
pared with 129 criminal actions in the entire fiscal year 1970.
In contrast, an average of only 43 criminal prosecutions per year
was initiated under the Act in fiscal years 1964—69. Most criminal
actions during the past year have resulted in convictions and
assessment of fines. In one case alone, a violator was fined
$125,000; in another, $25,000.
More important, however, than the increased use of the Refuse
Act for criminal prosecutions has been the use of civil suits under
the Act to secure injunctions to halt discharges of harmful
material. The first civil injunction action ever initiated under
the Refuse Act was filed in 1970 against the Florida Light 8c
Power Co. to abate the discharge of heated water into Biscayne
Bay. During fiscal year 1971, more than 50 additional civil
suits were filed to enjoin objectionable discharges.
Fourteen civil actions were concluded favorably by court-
approved settlements in fiscal year 1971. In addition, interim
stipulations were entered in 9 of the 10 cases brought under the
Act against facilities discharging mercury. In the 10th case, the
plant was shut down. The stipulations and plant shutdown
resulted in a total reduction in mercury discharged from these
-------
GUIDELINES AND REPORTS 2669
facilities from 139 pounds to 2 pounds daily. Final disposition
of these cases awaits EPA's review of the defendants' plans lor
further reductions in mercury discharges.
Other civil suits have produced impressive results. The ITT
Rayonier pulp processing plant in the State of Washington
agreed to construct, at a cost of about $22 million, a waste treat-
ment plant recommended by EPA. A General Motors automobile
assembly plant in New York agreed to install large treatment
tanks at a cost of over $2 million. In a number of cases involving
relatively small manufacturing establishments, complete reliel
has been secured immediately.
The Refuse Act is an important mechanism for enforcing water
quality standards because it permits swifter action against pol-
luters than is possible under the enforcement provisions of the
Federal Water Pollution Control Act (FWPCA) itself.12 Because
it prohibits discharges into navigable waters in the absence of
a permit and gives the Secretary ot the Army broad discretion
in establishing permit conditions, the Refuse Act could remedy
some deficiencies in the nature and scope of standards adopted
pursuant to the FWPCA. For example, standards for non-
municipal discharges could be extended to all navigable waters
and could be stated in terms of precise effluent limitations
tailored to meet ambient water quality requirements.
However, because the FWPCA is the most recent and explicit
congressional action with respect to water quality, the Adminis-
tration has asked the Congress to make major improvements in
the Federal water quality program through that Act. In the
meantime, the permit and enforcement program under the
Refuse Act is being used primarily to enforce existing water
quality standards.
Other enforcement—The present FWPCA provides two limited
and cumbersome enforcement mechanisms for pollution abate-
ment by the Federal Government.13 The first is a three-step pro-
cedure consisting of a conference of Federal, State, and interstate
water quality agency representatives; a public hearing; and
finally, court action.
The conference may be called at State or Federal initiative.
However, there must be a State request if the pollution causes
only intrastate effects unless the pollution causes economic injury
to shellfish producers. The enforcement conference is a mecha-
nism for bringing to light complex and longstanding pollution
situations.
Two new enforcement conferences have been called since EPA
was established. The first covered the interstate waters of Long
Island Sound in Connecticut and New York, and the second
covered the navigable waters of Galveston Bay and its tributaries
in Texas.
-------
2670 LEGAL COMPILATION—GENERAL
EPA has reconvened five conferences, two of which received
wide attention. The four-State Lake Michigan conference, first
convened in 1968, focused on the need to protect Lake Michigan
from waste heat discharges. The EPA Administrator recom-
mended strict temperature standards for the Lake. After consider-
ing proposals of the State and Federal conferees, the Adminis-
trator issued a conference summary recommending closed cycle
cooling systems for new waste heat discharges and deadlines for
plants now in operation to install abatement facilities. In the
Lake Superior enforcement conference, first convened in 1969,
the remaining difficult issue is the discharge of taconite tailings
into the Lake from a Reserve Mining Co. facility in Minnesota.
The second enforcement procedure under the FWPCA, also
applicable primarily to interstate pollution, calls for notification
both to the violator of water quality standards and to interested
parties, followed by court action if necessary. Under the present
law, 180 days must elapse after a notice of violation is issued
before court action may be initiated. This gives violators the
opportunity to comply voluntarily. EPA recently issued a viola-
tion notice to Reserve Mining Co. because of its failure to present
an acceptable abatement plan to the Lake Superior enforcement
conference.
One of the EPA Administrator's first official acts was to issue
violation notices to three major cities—Atlanta, Cleveland, and
Detroit. By the end of the 180-day period, EPA announced
agreements with each of the three cities and with the States in-
volved for joint Federal-State-local financing of the needed waste
treatment facilities construction. Of the total estimated cost of
$1.2 billion, more than $1 billion will go to reducing pollution
of Lake Erie by Cleveland and Detroit.
The Outer Continental Shelf Lands Act14 was invoked in 10
cases during the past year against major oil companies for their
failure to implement required subsurface safety measures on oil
wells in the Gulf of Mexico. The cases have been concluded
with the collection of more than $2.3 million in criminal fines.
federal funding—The major part of Federal funds for water
pollution control goes to municipalities to help finance construc-
tion of sewage treatment plants. For fiscal year 1971, the Presi-
dent proposed and the Congress appropriated $1 billion for waste
treatment grants. EPA estimates that an additional $12 billion
must be spent over the next 3 years for municipal waste treat-
ment needs. To meet this need, the Administration has requested
an authorization of $6 billion—$2 billion each for this and the
following 2 fiscal years—to provide the needed Federal share of
the $12 billion program.
proposed legislation—The President has asked the Congress to
amend the FWPCA to provide needed reforms: effluent standards
-------
GUIDELINES AND REPORTS 2671
tied to water quality requirements, mandatory use of best avail-
able treatment technology in new industrial facilities, and strin-
gent Federal toxic discharge standards.15 The Administration's
proposed legislation would also extend Federal-State water qual-
ity standards, now applicable only to interstate waters, to almost
all waters. Moreover, it would authorize legal actions by private
citizens to enforce standards. The Administration's proposal
would provide for broader Federal enforcement authority, stream-
lined enforcement procedures, and more stringent fines. The
enforcement proposals are similar to provisions in the Clean
Air Amendments of 1970.
The President also has proposed legislation to deal with the
potentially serious problem of ocean dumping. The legislation
would prohibit dumping any wastes originating in the United
States into estuaries, the Great Lakes, coastal waters, or the oceans
without an EPA permit. A permit would also be required tor
dumping wastes from any source into waters of the contiguous
zone—or into waters within the jurisdiction of the United States.
The EPA Administrator would be empowered to ban all ocean
dumping of certain materials and to designate sale disposal sites
for others. The legislation is based on a report that the Council
on Environmental Quality submitted to the President in October.
Administration legislation also calls for establishing an Envi-
ronmental Financing Authority to aid localities in funding bond
issues for municipal waste treatment plantsir and an increased
State grant program to assist State agencies in improving their
water quality programs.18
cleanup of federal facilities—Although air and water pollution
caused by Federal facilities is still a problem, significant progress
is being made. In fiscal year 1971, the Federal Government appro-
priated $113 million to eliminate such pollution, and the Presi-
dent has asked Congress for $250 million in fiscal year 1972. This
compares to an average annual appropriation of only $52 million
for the previous 3 years. The combined total of $363 million for
fiscal years 1971 and 1972 alone contrasts strikingly with the $359
million estimate made in 1970 for the cost in fiscal years 1971,
1972, and 1973 of having remedial measures completed or under-
way at all Federal facilities by the end of 1972.
While progress is being made in cleaning up Federal facilities,
some individual facilities are still major polluters. Many of these
are on military installations. As in the case of industrial pollution
control, management attitude is a critical ingredient in com-
plying with environmental standards. Budget requests and appro-
priations alone do not guarantee success if agency management
does not give high priority to the effort. The President's Execu-
tive Order on pollution from Federal facilities contains an im-
-------
2672 LEGAL COMPILATION—GENERAL
portant limitation on agency discretion: Funds appropriated for
pollution abatement may not be used by agency heads for other
purposes.10
pesticide control—The Federal Insecticide, Fungicide, and Ro-
denticide Act (FIFRA)20 requires that all pesticides shipped in
interstate commerce be registered with EPA. EPA may cancel a
registration when the label of the product, if complied with, is
inadequate to prevent injury to "man and other vertebrate ani-
mals, vegetation, and useful invertebrate animals." 21 Suspension
of a pesticide registration, which, unlike cancellation, stops inter-
state shipment immediately, can be initiated only when the
product presents an "imminent ha/ard."
In January 1971, a Federal court of appeals decision -2 departed
significantly from the prevailing interpretation of the registra-
tion cancellation provisions in FIFRA. The court declared that
"Congress intended any substantial question of safety to trigger
the issuance of cancellation notices" -3 so that interested parties
can participate in hearings on the question of cancellation.
Pursuant to the court's directive, EPA issued notices of cancella-
tion of all registrations for pesticides containing DDT.24 In
March, EPA initiated cancellation proceedings on all registra-
tions for aldrin, dieldrin, and Mirex. Because FIFRA provides a
long and complex appeals process for parties adversely affected
by cancellation orders, a final decision on DDT and the other
pesticides may not be made until early in 1972. EPA has deter-
mined that none of the pesticides proposed for cancellation poses
an "imminent hazard" warranting immediate suspension of
their registrations.25
Comprehensive pesticide control legislation to replace FIFRA,
the Federal Environmental Pesticide Control Act of 1971, has been
proposed by the President.21' The bill is designed to prevent mis-
use of pesticides by controlling their application, which FIFRA
does not do. Under FIFRA, control over use is achieved only to
the extent that users read, understand, and follow the instruc-
tions that must be placed on the labels of pesticide containers.
Under the Administration bill, a pesticide registered by EPA
would be classified "for general use," "for restricted use," or
"for use by permit only." Pesticides designated for restricted use
could be used only by trained applicators. Pesticides designated
for use by permit only would need approval of a trained con-
sultant before application. Applicators and consultants would be
licensed by the States, and the Federal Government would pro-
vide part of the funds to train them.
Other provisions of the bill include: authority to permit ex-
perimental registration of pesticides; streamlining the process
of appeals from registration, cancellation, and suspension deci-
-------
GUIDELINES AND REPORTS 2673
sions of EPA; and authority for the Administrator to stop the
sale of a pesticide if it violates the Act. Registration and inspec-
tion of establishments manufacturing or processing pesticides
would be mandatory. And the Administrator would be author-
ized to regulate pesticide storage and disposal.
solid wastes—In October 1970, the Resource Recovery Act of
1970 -7 became law. The Act puts an important new emphasis on
recycling, a goal which the President articulated in his 1970
Message on the Environment. It authorizes funds for demonstra-
tion grants for recycling systems and for studies of methods to
encourage resource recovery. It requires EPA to publish guide-
lines for construction and operation of solid waste systems. The
guidelines will be binding on Federal agency operations and on
federally funded demonstration projects. The Act authorizes
grants and contracts tor training solid waste disposal personnel.
And it directs EPA to submit to the Congress a comprehensive
plan for a national network of disposal sites for hazardous wastes.
It also creates a National Commission on Materials Policy to
conduct a broad study on materials availability, use, and disposal.
The Commission will report to the Congress by June 30, 1973.
The Administration has been exploring ways to use Federal
purchasing power to encourage recycling. The first major step in
this direction was taken by the General Services Administration
(GSA). GSA changed its procurement specifications to require
that paper purchased by the Federal Government contain a speci-
fied minimum percentage of recycled material. The Council and
EPA are examining with GSA and other Federal agencies other
areas in which the Government can wield its purchasing power to
encourage recycling.
EPA's Office of Solid Waste Management Programs launched
"Mission 5,000" in July 1970. This is a drive to close 5,000 of the
approximately 15,000 open dumps in the United States. EPA's
goal is to replace them with better methods of disposal, such as
sanitary landfills, by mid-1972. The program thus far has re-
sulted in closing 1,000 dumps.
The Council on Environmental Quality is currently conduct-
ing a major study of solid waste recycling in cooperation with
EPA and other Federal agencies. Primary emphasis is on present
economic constraints against recycling and on incentives to en-
courage further recycling.
radiation—When EPA assumed the functions of the interagency
Federal Radiation Council—and with it responsibility for setting
generally applicable environmental radiation standards—a com-
prehensive review of existing radiation standards was underway.
EPA, in cooperation with the Department of Health, Education,
and Welfare, the Atomic Energy Commission (AEC), and other
Federal agencies, has continued the review through a contract
-------
2674 LEGAL COMPILATION—GENERAL
with the National Academy of Sciences. The review is scheduled
for completion in 1972.
Under the reorganization plan establishing the Environmental
Protection Agency, EPA assumed Federal authority to set gen-
erally applicable environmental radiation standards. The AEC
retains authority to implement and enforce EPA standards in
the regulation of radioactive materials and nuclear facilities.28
In December 1970, the AEC adopted in its regulations design
and operating requirements for nuclear power reactors to keep
radioactivity in reactor effluents as low as practicable.20 The
Commission has since proposed numerical guides on design ob-
jectives and limiting conditions of operation to quantify the
"low as practicable" requirement.3" Conformance with the pro-
posed guides would generally keep human exposure to radioac-
tivity from nuclear power reactors to less than 5 percent of ordi-
nary exposure from natural sources, such as cosmic rays and
radioactive rocks, and to 1 percent or less of the overall limits on
exposures from all sources, other than medical procedures and
natural background, under present environmental standards.
toxic substances—The Administration has sent to the Congress
a proposed Toxic Substances Control Act. 31 Based on a recently
published CEQ study, the proposed legislation, would provide
several major, new authorities to control the large and rapidly
increasing number of harmful and potentially harmful chemicals
and chemical substances that are commercially used and that
eventually enter the environment. The EPA Administrator
would be empowered to restrict or prohibit the use or distribu-
tion of a chemical substance if necessary to protect health or the
environment. If the Administrator found that a substance created
an imminent hazard, he could ask the courts to restrain its use
or distribution immediately. The Administrator would be au-
thorized to issue standards for tests to be performed—and for
results to be achieved from such tests—for various classes and
uses of new substances. And he could request information from
manufacturers concerning potentially toxic substances including
their chemical composition, production level, uses, and the re-
sults of tests of their effects.
The need for such legislation was dramatized by several inci-
dents involving toxic substances during the past year. The mer-
cury problem might have been recognized much earlier had the
Toxic Substances Control Act been law. In December, at the
urging of the Surgeon General and EPA, the detergent industry
voluntarily agreed to stop use of NTA (nitrilotriacetic acid) in
detergents, pending the outcome of further tests on its health
effects. The Federal Government presently has very limited legal
authority to halt the use of hazardous materials, even in such
widely used products as detergents. The proposed Toxic Sub-
stances Control Act would greatly expand that authority.
-------
GUIDELINES AND REPORTS 2675
One limitation in determining the effects of potentially toxic
substances has been inadequate facilities for tests to determine
the effects of long-term exposures to low levels of such substances.
An important step has been taken to relieve this situation.
Part of the Pine Bluff Arsenal in Arkansas, previously a facility
tor development of biochemical warfare materials, has been con-
verted into a National Toxicology Center for testing potentially
toxic substances. The Center, a joint Food and Drug Administra-
tion-EPA facility, will test low doses of a substance on a large
number of animals, determining effects undetectable from tests
conducted on a smaller number of animals.
federal environmental research—Research and development is
an essential part of most environmental programs. It provides
information needed both to understand environmental prob-
lems and to solve them. During the past year, the trend toward
increased Federal research and development activity continued.
A recently completed study by the Federal Council for Science
and Technology shows that Federal budget outlays for environ-
mental quality research and development climbed from $542
million in fiscal year 1969 to $606 million in fiscal year 1970 and
to $719 million in fiscal year 1971. These figures are based on a
somewhat restricted definition of research and development and
thus are smaller than the comparable figures compiled by the
Office of Management and Budget (see Appendix K).
Environmental research and development is generally devoted
to three areas: the effects of environmental insults, ecological re-
lationships and natural processes, and pollution control technol-
ogy. Sometimes research covers more than one of these areas. For
example, EPA plans a project for St. Louis, Mo., where the total
air pollution problem of a single city would be studied in depth.
An integrated effort involving Federal and State agencies, uni-
versities, and other groups would explore the chemical, mete-
orological, and biological ramifications of air quality.
With respect to the effects of environmental insults, primary
attention has been devoted to determine the adverse health
effects of pollutants. Health effects research usually involves test-
ing particular substances or combinations of substances on lab-
oratory animals. Often it also involves epidemiological studies
which examine the occurrence of certain effects in human popu-
lations and attempt to correlate the distribution of these occur-
rences with the prevalence and concentration of particular pol-
lutants. A report on the health effects of environmental pollution
has been prepared by EPA and the Department of Health, Edu-
cation, and Welfare and will be sent to the Congress shortly.
Our understanding of natural processes in the atmosphere,
oceans, and elsewhere has advanced remarkably over the past
few years. Mathematical models have been developed for predict-
-------
2676 LEGAL COMPILATION—GENERAL
ing a variety of phenomena, including the distribution of pol-
lutants both in the atmosphere and in rivers. During the past
year, increased attention has been devoted to the use of earth
satellites for monitoring and predicting environmental changes.
Research on methods of controlling pollution range from in-
vestigations on sterilizing insect pests—in order to facilitate
reductions in the use of chemical pesticides—to development of a
nonpolluting automobile. In many cases, research may have both
economic and environmental implications. Thus, the President's
Energy Message of June 4, 1971, announced an accelerated pro-
gram for developing methods to convert coal into a gaseous
form which, if economically feasible, would provide both an
expanded economic use tor the Nation's most abundant fossil
fuel and great promise for reducing air pollution from sulfur
oxides emissions.
As human activities more rapidly change the whole face of the
earth, awareness of the pervasiveness and magnitude of these
changes has created a recognition of the need to save at least
samples of the full range of natural environments. These sam-
ple areas can serve as base lines against which man-caused
changes can be compared. For example, they can provide infor-
mation on the background levels of various potentially toxic
substances, such a mercury, against which the levels and effects of
these substances in areas heavily impacted by man can be judged.
They can provide natural laboratories which, in some cases, are
the only places where studies can be carried out to understand
the operation of certain ecosystems.
In recognition of the importance of preserving a variety of
natural areas, a Federal program for Research Natural Areas has
been established. The aim of the program is to be certain that
the Federal land managing agencies, in cooperation with the
States, universities, and other private and public institutions,
preserve examples of all of the many and diverse natural envi-
ronments in the United States. The Council's First Annual Re-
port noted that 336 Research Natural Areas had been classified
and established. This number has been increased to nearly 600,
and a unified policy for acquisition, management, and use ot
these areas is being developed to assure that the areas will be
treated consistently by the various agencies concerned. Federal
lands, of course, do not cover all the major ecosystems. Conse-
quently, in association with the Federal effort, a program to iden-
tify and inventory the Research Natural Areas on State and
private lands is going forward under the direction of the U.S.
International Biological Program.
land use—toward a national land use policy—Land use deci-
sions are an important determinant of environmental quality.
Although planning and control of land use are largely the re-
sponsibility of local goverments, the impacts of these activities
-------
GUIDELINES AND REPORTS 2677
often reach statewide, regionwide, or nationwide. Purely local
regulation often frustrates environmental quality objectives.
To encourage State control of land use issues transcending
local importance, the President has proposed a National Land
Use Policy bill.3-' It would provide $100 million over 5 years to
aid States in assuming land use regulatory authority over areas
of critical environmental concern—wetlands and flood plains,
lands around key facilities such as major airports and highway
interchanges, large-scale development, lands surrounding new
communities, and land and development of regional benefit.
Chapter 2 describes recent State actions to assume more control
over important land use issues.
The Secretary of the Interior has proposed legislation to the
Congress to establish a land use policy and management program
for the 450 million acres of the public domain. The guiding
principle of this policy would be to protect the quality of the
environment of these lands, to require restoration of the land
as a condition of use, to give first priority to the protection of
environmentally "critical areas," and to keep these lands in
Federal ownership for perpetuity, permitting disposal only in
very limited circumstances under specific statutory criteria.
parks and wilderness areas—The Federal Government has
taken several actions to add to the amount of land used for
parks—particularly in or near urban areas, where the need is
great but the supply is short. Under his "Legacy of Parks" pro-
gram, the President requested a 1972 appropriation of §200 mil-
lion for the Department of Housing and Urban Development
(HUD) Open Space Lands Program. That is nearly three times
the 1971 funding level. The HUD Program will give special em-
phasis to developing vacant or abandoned properties in the inner
city. Its highest priority will go to projects in low-income areas.
The President's budget request for the Department of the
Interior Land and Water Conservation Fund is for the full $380
million authorized by the Congress. Proposed legislative amend-
ments would channel a greater share of money from the Fund
into populous States. The Fund is used both to finance Federal
park and other land purchases and to aid State and local gov-
ernments in acquiring and developing recreation areas.
To further the "Legacy of Parks" program, the President sub-
mitted to the Congress, in May 1971, a bill to establish a Gate-
way National Recreation Area in the States of New York and
New Jersey.33 The area would be a federally managed national
recreation area made up of three units—Jamaica Bay and Breezy
Point in New York and Sandy Hook in New Jersey. Together,
they contain about 7,000 acres of land and 16,000 acres of im-
portant marsh and submerged land. The proposal would open to
New York City metropolitan area's more than 14 million people
a 9,000-acre wildlife preserve, a 460-acre park, and the Nation's
-------
Figure 3
Proposed Gateway
National Recreation Area
New York
New Jersey
New York
City
JAMAK
BAY!
-------
GUIDELINES AND REPORTS 2679
oldest operating lighthouse, as well as an ocean beach, sand
dunes, and a bay for game fishing. A ferry shuttle system linked
to existing mass transit lines would provide access for millions
of persons who do not own automobiles and otherwise would not
be able to reach the area.
During the past year, the President asked the Congress to add
14 areas, totaling 1.8 million acres, to the country's Wilderness
System, with new emphasis on the Eastern States.34 He also resub-
mitted to the Congress proposals for 13 other wilderness projects
covering 1.3 million acres.35 Efforts are now underway to catch
up on the significant backlog of wilderness designations.
In addition, a number of Federal properties were declared sur-
plus by the President's Property Review Board. Among them
are properties in Nassau County, N.Y.; Fort Worth and Duncan-
ville, Tex.; Bremerton, Wash.; Parma, Ohio; Cheyenne, Wyo.;
and Redondo Beach and Alameda County, Calif. This declara-
tion permits their transfer to States and localities for parks and
recreation. The President has pledged to release additional
underused Federal properties, particularly in urban areas, to
State and local governments for recreation purposes. The Prop-
erty Review Board, established last year, has already identified
60 Federal properties with high potential for park use.
siting powerplants and protecting mined lands—Other land
use problems addressed in the President's environmental pro-
gram include powerplant siting and strip and underground min-
ing. The proposed Power Plant Siting Act of 1971 36 would
require long-range planning by all electric utilities. Continuous
10-year projections of power needs and additional facilities re-
quired for power generation and transmission would be manda-
tory. Advance review of tentative plant sites would be held 5
years prior to beginning construction. The reviewing agency
could reject any such sites as environmentally undesirable. Fi-
nally, a preconstruction review would require each utility to
apply for certification of a bulk powerplant or major transmis-
sion line two years before it is built. The Act would provide a
sound framework for protecting environmental values while
guaranteeing an adequate supply of electric power.
The proposed Mined Area Protection Act37 would insure ade-
quate State regulation of surface and underground mining. The
Secretary of the Interior would issue guidelines, and the States
would be given 2 years to develop and enact mining regulation
laws consistent with the guidelines. If a State failed to do this
or if a State failed to enforce its own approved laws, the Secre-
tary could establish and enforce Federal regulations.
land controversies—Land use problems surfaced in two major
controversies in the past year. Construction by a private con-
sortium of an oil pipeline across Alaska was delayed by the De-
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2680 LEGAL COMPILATION—GENERAL
partment of the Interior, which withheld a right-of-way permit
across Federal lands, pending detailed examination of the envi-
ronmental effects of the pipeline. The pipeline proposal raised
a number of questions about effects on the Arctic tundra and on
wildlife in Alaska and about damage from pipeline leaks or from
vessel spills when the oil is en route to refineries. A final environ-
mental impact statement on the pipeline is expected from the
Department of the Interior this summer.
The second controversy involved the construction of a barge
canal across northern Florida. Although construction by the
Corps of Engineers was about one-third completed, the President
ordered that the project be stopped because it threatened to
destroy the unique scenic area, a major wildlife habitat, and a
large sport fish population. Other adverse effects, such as pest
infestation and water pollution, were also feared. The Council
is working with the Corps of Engineers to develop measures for
restoring the already affected area.
preserving historic buildings—In Executive Order 11593, the
President directed all Federal agencies to evaluate their proper-
ties to determine which possess historic, archeological, or archi-
tectural significance (see Appendix H). He directed agency heads
to develop procedures to assure that federally owned historic
properties are preserved and maintained under standards pre-
scribed by the Secretary of the Interior.
The Executive Order was issued pursuant to authority of
the National Environmental Policy Act 38 and the Historic Pres-
ervation Act.39 The Historic Preservation Act established a
National Register of Historic Places, in which properties of his-
toric, archeological, or architectural significance are recorded. The
Act provides that prior to any proposed Federal action affecting
a recorded property, the Federal agency concerned must refer the
matter to the Advisory Council on Historic Preservation, a body
made up of Federal agency representatives and of private citizens
appointed by the President. The Advisory Council renders opin-
ions on the desirability of such proposals and often recommends
modifications to Federal projects to protect historic sites.
Properties are listed in the National Register on the basis of
State nominations. Since 1968, listings in the Register have in-
creased dramatically, with the current rate of increase at approxi-
mately 100 sites or districts per month. The Federal Government
controls an estimated 2,000 historic sites not yet recorded on the
Register, many of which are located at old military and naval
installations. Until July 1973, when evaluation of these proper-
ties is completed, properties that appear to possess historic char-
acteristics will be treated as though they were on the National
Register, and any action to alter, transfer, or dispose of such
properties will be referred to the Advisory Council on Historic
Preservation.
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GUIDELINES AND REPORTS 2681
Executive Order 11593 is part of a broader program to pre-
serve historic properties. Legislative proposals submitted by the
President include a measure designed to facilitate preservation
of historic properties transferred to State and local governments
at no cost by the Federal Government.40 This measure provides
that State or local governments agreeing to preserve historic
properties transferred to them by the Federal Government may
permit the properties to be used commercially, thereby enhanc-
ing their economic viability and offsetting their restoration ex-
penses. Additional Presidential proposals would provide Federal
insurance for the improvement of privately owned historic
properties and tax incentives for their rehabilitation.41
congressional action—Congress turned its attention to environ-
mental issues as never before this year—a significant indication
of the intensity of general public concern with these issues. Of
the 695 bills signed into law during the 91st Congress, 121 were
identified as "environment oriented" by the Congressional Re-
search Service of the Libary of Congress. This number includes
11 appropriations bills and bills relating primarily to other sub-
jects, such as agriculture, disaster relief, and economic develop-
ment. It includes 37 parks and recreation bills and 23 water
resource development bills. There were only two bills each in
the categories of air pollution, water pollution, solid wastes,
population, and land use planning. But the importance of meas-
ures such as the Clean Air Amendments of 1970,4- the Resource
Recovery Act,43 and the Water Quality Improvement Act,44 all
enacted in 1970, illustrate the danger of attaching undue signifi-
cance to the quantity of legislation.
in the senate—Thus far in the 92d Congress, attention to envi-
ronmental matters has remained high. As of July 25, 1971, the
Senate had passed three environmental bills—appropriating
money for water resources planning,43 limiting public exposure
to sonic booms,4'1 and requiring radiotelephone bridge-to-bridge
communication between certain vessels in inland waters to re-
duce collisions and mishaps.47 It had also passed two joint reso-
lutions—one to establish a Joint (congressional) Committee on
the Environment48 and one to authorize additional appropria-
tions for the Department of Housing and Urban Development
for open space acquisition grants.49 Hearings were held on envi-
ronmental bills covering subjects ranging from pesticides and
hazardous chemicals to legal actions by citizens, land use policy,
ocean dumping, and water quality.
in the house—During the same period, the House of Represen-
tatives passed six environmental measures. They include bills
concerned with environmental data,50 a National Advisory Com-
mittee on the Oceans and Atmosphere,31 penalties for shooting
certain birds,02 bridge-to-bridge communication between vessels
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2682 LEGAL COMPILATION—GENERAL
in inland waters,53 and funds for water resources planning.54
The House also passed a joint resolution to establish a Joint
(congressional) Committee on the Environment.•" Hearings were
held on a number of bills. In addition to the subjects covered
in Senate hearings, the House hearings considered subjects such
as drinking water supplies and powerplant siting.
factfinding—In addition to its hearings on proposed laws, the
Congress has held a number of factfinding hearings to review
executive branch activities. These hearings have dealt with sub-
jects such as implementation of section 102 of the National En-
vironmental Policy Act by Federal agencies, the economic impact
of pollution control, initiation of a permit program for water
pollution control under the Refuse Act, stream channelization,
eagle deaths in Wyoming, clearcutting of timber on Federal
lands, and coal-fired powerplants in the Southwest.
environmental impact statements: a new ingredient in federal
decisionmaking—Section 102(2)(C) of the National Environ-
mental Policy Act (NEPA) 56—the Act which created the Council
—requires that any agency of the Federal Government proposing
legislation or planning to undertake an action "significantly
affecting the quality of the human environment" file an impact
statement with the Council. The statements describe the legisla-
tion or action, its impact, and the alternatives considered. Before
filing, the statements must be circulated by that agency to the
public and to appropriate Federal, State, and local environ-
mental agencies. Comments received on the draft statement be-
come a part of the public record along with the final statement,
which should reflect the comments. Section 309 of the Clean Air
Actr>7 gives the Administrator of EPA independent responsibility
for reviewing and commenting on the environmental impact of
proposed Federal activities or legislation relating to his authori-
ties. This provision overlaps but expands the Administrator's
responsibilities under NEPA for commenting on Federal pro-
posals.
As of June 30, 1971, draft or final environmental impact state-
ments on 1,380 actions had been received by the Council. The
number of statements has increased rapidly, although a dispro-
portionately large number has involved highway projects, some
of which involve relatively minor impacts. The Council believes,
nevertheless, that many Federal actions which significantly affect
the environment are not being reported in environmental state-
ments. Some major Federal departments have filed fewer than
five statements during the past 18 months.
NEPA and its environmental impact analysis requirement are
influencing the Government decisionmaking process. The De-
partment of Transportation, the Army Corps of Engineers, the
Department of the Interior, the Federal Power Commission, the
Atomic Energy Commission, and the Department of Defense are
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GUIDELINES AND REPORTS 2683
among the agencies most heavily affected by the Act's require-
ments. Over 20 agencies have established internal procedures for
preparing impact statements. Some agencies for the first time
have explicitly incorporated environmental considerations into
their decisions. A recent example is the Interstate Commerce
Commission. It has recognized that it should conduct environ-
mental impact analyses before making freight rate and carrier
certification decisions that can either promote or stifle recycling
of "secondary" or waste materials.58 The Securities and Exchange
Commission is requiring that information on pollution viola-
tions be made part of stock offerings to the public.
Federal agencies have taken, modified, and avoided actions on
the basis of the NEPA environmental analysis. For example, the
Corps of Engineers refused to grant some dredge and fill permits
in order to protect ecological and esthetic values. The Corps also
has suspended some water resource projects pending congres-
sional consideration of the environmental impacts. The Coast
Guard has denied several bridge construction permits to avoid
adverse environmental consequences. The Forest Service switched
from clearcutting to selective cutting in a National Forest, the
Department of Transportation reconsidered several proposed
Interstate Highway routes, and the Department of Defense
amended plans for munitions disposal.
The impact of NEPA and of the section 102 requirement has
been reenforced by court decisions, some of which are discussed in
Chapter 5.
Yet much more remains to be done to insure that all agencies
fully and objectively consider the environment in their actions—-
not just in connection with specific projects but also in relation
to basic policies and program structures. Lack of environmentally
trained personnel and the difficulty of changing established
decisionmaking patterns are still problems. Too often, the
environmental statement is written to justify decisions already
made, rather than to provide a mechanism for critical review.
Consideration of alternatives often is inadequate. And the ulti-
mate agency alternative—taking no action at all because of the
environment—has rarely been considered. Some agencies or their
components define their mission in a narrow sense, which ex-
cludes adequate consideration of environmental protection. NEPA
was intended to elevate environmental considerations to full
partnership with technological and economic factors in Govern-
met decisionmaking. But it still is not working entirely that way.
Questions have surfaced concerning issues such as the extent
to which actions authorized and underway prior to enactment of
the Act should be subject to environmental statements. Some
agencies have been troubled by the potential of a detailed process
of public analysis and review to delay Federal actions and to
burden Federal officials with increased paperwork.
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2684 LEGAL COMPILATION—GENERAL
The Council has helped resolve some of these problems—in its
interim guidelines of April 30, 1970,59 and later in its guidelines
of April 23, 1971 (see Appendix G). However, it has not been
possible to anticipate all the specific problems which various Fed-
eral activities will raise. The responsibility for detailing the way
in which each agency will comply with the Act ultimately rests
with the agency itself.
In assessing the experience with the impact statements, it is
important to recognize the unique and unprecedented nature of
the requirement. Federal agencies accustomed to a role of advo-
cacy on behalf of their activities are now required by law to en-
gage in public self-criticism. They must detail adverse impacts and
candidly assess alternatives. In fact, many of the less satisfying
statements have been prepared by agencies overcautious about
minor actions. Some agencies, strongly criticized during the
early months under the Act, have since developed improved
procedures.
council on environmental quality—During its first full year, the
Council has undertaken a wide variety of activities. Some have
resulted in a visible product, such as proposed legislation or a
published report. But much of the Council's time and effort are
devoted to coordinating Federal activities and providing policy
advice to the President.
CEQ was responsible for shaping the President's 1971 environ-
mental legislative program, with assistance from many agencies.
This program, which the President submitted to the Congress in
February, contained 18 major proposals covering almost the en-
tire spectrum of environmental concerns. Many of these pro-
posals have been described in this chapter. The Council also
played a key role in developing the Refuse Act permit program.
Two Council reports were published during the year: Ocean
Dumping—A National Policy, which resulted in the proposed
Marine Protection Act of 1971, and Toxic Substances, which was
based on the staff work done by the Council in preparing the
proposed Toxic Substances Control Act of 1971.
The primary mechanism that the Council has used to review
environmental impacts of Federal projects is the environmental
impact statements submitted by Federal agencies. The Council
issued revised guidelines for section 102 statements on April 23,
1971 (see Appendix G). These guidelines require that the draft en-
vironmental statements be made available to the public at least
90 days prior to an administrative action (actions other than
proposals or reports on legislation). Final environmental state-
ments, with agency comments, must be made public at least 30
days prior to action. When public hearings are held on a pro-
posed Federal action, the guidelines require that a draft state-
ment be available 15 days before the hearing. These new guide-
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GUIDELINES AND REPORTS 2685
lines give interested citizen groups and others more time to re-
view and comment on the environmental impact statements.
The Council notifies the public and the Congress of the state-
ments that have been filed in several ways: in its monthly bulle-
tin, the 102 Monitor; in biweekly lists in Environmental Pollu-
tion and Control, a bulletin of the National Technical Informa-
tion Service of the Department of Commerce; in State and local
clearinghouses in States affected by a proposed action; through
the Legislative Reference Service of the Library of Congress; and
in lists published in the Congressional Record. Public interest in
section 102 statements has been high. One indication is that the
Council's 102 Monitor, first published in February of 1971, has
over 2,000 subscribers, many of them public interest and educa-
tional organizations.
worldwide developments
As last year's report said, the environment knows no inter-
national borders. The same earth, sea, and sky are common to all
nations and political ideologies. President Nixon said in trans-
mitting his 1970 Report to the Congress on Foreign Policy for
the 1970's: "We know that we must act as one world in restoring
the world's environment, before pollution of the seas and skies
overwhelms every nation."
In the past year citizens of many nations awoke to the inter-
national nature of their common concern—a polluted environ-
ment. Fish throughout the world were becoming contaminated
with mercury. Toxic metals and air pollutants were filtering
across national boundaries. Many nations realized they needed
to upgrade their domestic environmental programs. Other na-
tions sought new comprehensive policymaking and administrative
weapons to deal more effectively with environmental decay.
Australia, Canada, France, Germany, Great Britain, India,
Japan, Kenya, New Zealand, Singapore, Switzerland, and the
United States all have either implemented or planned reorganiza-
tion of their environmental protection programs. Great Britain
has a new cabinet-level Ministry charged with environmental pro-
tection, national land use planning, housing, and transporta-
tion. Japan has added its first new cabinet position in 100 years.
The new Minister will head an environmental agency to imple-
ment new and comprehensive laws relating to air, water, and
marine pollution.
In the United States, the Council on Environmental Quality
has taken an active role in the international field. The Council's
activities are closely linked to the work of the Department of
State and to the activities of the Environmental Protection
Agency, the Department of the Interior, and other agencies.
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2686 LEGAL COMPILATION—GENERAL
One of the most significant developments during the past
year has been a clearer delineation of the roles major inter-
national institutions are playing in environmental matters. The
Environmental Committee of the Organization for Economic
Cooperation and Development is conducting significant work on
the international economic effects of member countries' environ-
mental policies with a view to minimizing potential distortions
of foreign trade. NATO's Committee on Challenges of Modern
Society is concentrating on special problems of industrialized
societies—such as how to develop low pollution motor vehicles.
The Intergovernmental Maritime Consultative Organization is
active in the area of marine pollution with special emphasis on
how to prevent oil spills. The Economic Commission for Europe
is serving as a valuable forum for information exchange between
Eastern and Western nations on pollution control. The United
Nations Secretariat is working to prepare for the 1972 U.N. Con-
ference on the Human Environment, and is actively encouraging
the participation of developing nations in the Conference. These
organizations and others are developing special qualifications and
programs to deal with particular environmental problems on the
international level.
bilateral programs
united states and Canada—The past year has seen major accom-
plishments by the United States and Canadian Governments
working together to restore the quality of the Great Lakes—a
vital asset for a large segment of the population on both sides
of the boundary. The stark implications of continued deteriora-
tion of the Lakes emerged fully in early 1970, when the Inter-
national Joint Commission (IJC) issued a carefully researched
interim report which became the basis for its final recommenda-
tions of December 1970.
President Nixon charged the Council on Environmental Qual-
ity to work with Canada on the problem. Ministers of both
countries met in June 1970 and agreed to set up a Joint Working
Group. The Group began to study ten major problem areas in
the fall, and by April 1971, issued a report containing its recom-
mendations. It urged the two Federal Governments to agree to
adopt common water quality objectives for the Great Lakes,
to agree to programs for attaining the objectives, and to give the
IJC authority to monitor these efforts.
At the second meeting of Ministers, on June 10, 1971, the two
Governments agreed to adopt the report of the Joint Working
Group and to complete a Great Lakes Water Quality Agreement
embodying the recommendations by the end of the year. The
Agreement will specify measures to control Great Lakes pollu-
tion by 1975. In the meantime, close contact continues through
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GUIDELINES AND REPORTS 2687
the IJC on such problem areas as the St. Croix River in Maine
and the Skagit River in the State of Washington.
united states and japan—The United States and Japan have ex-
changed environmental information for many years under the
United States-Japan Cooperative Program on Natural Resources.
In 1970, the two nations launched an intensive effort to establish
strong joint programs dealing with air and water quality. Struck
by the dramatic convergence of serious air pollution incidents
in late July and early August in Japan and along the eastern
seaboard of the United States, President Nixon suggested, and
Prime Minister Sato agreed, that increased cooperative efforts
should be undertaken. Chairman Russell E. Train of the Council
on Environmental Quality and Minister of State Sadanori
Yamanaka represented their Governments at a conference in
Tokyo in October 1970. They identified a number of areas in
air and water pollution control and solid waste management in
which to pursue joint programs. At a second conference, on
June 1-2, 1971, in Washington, the two Governments agreed to
exchange information on curbing air pollution from automobiles
and on applying advanced technology to sewage treatment.
other joint programs—The United States is in the process of
developing bilateral relations on environmental matters with
Mexico and Spain. Preliminary talks have been held with the
Mexican Government, and environmental protection programs
were part of a recently negotiated agreement with Spain. Ongoing
bilateral programs with France and Germany on scientific matters
now embrace environmental activities. The United States is also
actively exploring opportunities for environmental cooperation
with Poland, Yugoslavia, and India.
multination programs
nato — Since 1969, following President Nixon's initiative,
NATO's Committee on the Challenges of Modern Society
(CCMS) has gradually won over skeptics who questioned whether
NATO could or should embark upon activities other than mu-
tual defense and political consultation. The range of CCMS
activity has embraced such diverse subjects as flood control, re-
duction of earthquake hazards, and comparative air pollution
monitoring in Ankara, Frankfurt, and St. Louis.
An historic turn in the struggle for cleaner oceans was made
by the CCMS and the NATO Council in November 1970. The
member nations agreed to take steps to eliminate the intentional
discharge of oil and oily wastes into the oceans by 1975, if pos-
sible—and no later than by the end of the decade. The Inter-
governmental Marine Consultative Organization endorsed the
undertaking as the basis for an international convention.
-------
2688 LEGAL COMPILATION—GENERAL
JSCMS also stimulated the development of a series of agree-
pients to cooperate in developing safe, low-pollution vehicles.
These agreements represented a significant pooling of engineer-
ing expertise and technology.
A major conference on urban and environmental problems
attended by a number of cabinet-level NATO officials convened
in Indianapolis in late May. Mayors and urban experts discussed
specific cooperative action related to the central problems of the
urban environment. Recommendations from the conference will
be presented at the fall 1971 CCMS plenary meeting and should
lead to further international cooperation in this field.
oecd—The Environmental Committee of the Organization for
Economic Cooperation and Development, formed in December
1970, is focusing on international economic implications of do-
mestic environmental quality standards. Action by any one na-
tion on pesticides or toxic substances, for example, might have a
significant impact on the economy and trade of other nations.
The OECD has set up an early warning system for consultations
among governments before such actions are taken. OECD also is
seeking ways to harmonize national practices in assigning the
costs of environmental improvement in order to minimize possi-
ble adverse trade effects. The international economic implica-
tions of differing national pollution control standards are also
being examined. In addition, studies are underway on the impact
of the motor vehicle on the environment and on pollution by the
pulp and paper industry.
the prague symposium—The Economic Commission for Europe
(ECE) is the sole intergovernmental forum in which only the
industrialized countries of Western and Eastern Europe are
represented. The ECE's May 1971 Prague Symposium advanced
East-West environmental cooperation. The results of the meeting
will provide guidance to the newly established Senior Environ-
mental Advisors to ECE Governments, a permanent ECE body
which will hold its first meeting in the fall.
imco—The Intergovernmental Maritime Consultative Organiza-
tion is the principal forum in which the world's maritime na-
tions forge international agreements on the control and abate-
ment of pollution from ships. In recent years, IMCO has
developed international conventions on liability of shipowners
and on the rights of nations to destroy or tow away stranded
vessels that pose oil spill hazards. It has also set limits on the
discharge of oil on the high seas. All of these conventions are
now before the U.S. Senate for ratification.
In March 1971, after several years of negotiation, the Mari-
time Safety Committee of IMCO forwarded to the IMCO Assem-
bly recommended limits on tank size of oil tankers. The recom-
mendations seek to reduce the outflow of oil from ships in the
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GUIDELINES AND REPORTS 2689
event of collision, grounding, or breaking apart. The IMCO
Assembly will meet this fall to vote on the proposal. This measure
is especially significant in view of the current trend toward super-
tankers and increased tank sizes. Also before the Assembly is a
recommendation to all governments to set strict specifications
on construction of liquified natural gas (LNG) and liquified
petroleum gas (LPG) tankers by implementing the proposed
Code for the Construction and Equipment of Ships Carrying
Dangerous Cargoes in Bulk. LNG and LPG tankers carry their
gas cargoes at extremely low temperature and high pressure.
Strict construction standards will help lessen the potential for
explosions. Besides these recommended actions, IMCO subcom-
mittees are considering measure to limit the risk of collision or
stranding, to dispose of bilge and ballast water in ports, and
to improve vessel construction.
the 1972 u.n. conference on the human environment—Prepara-
tions for the major U.N. Conference on the Human Environ-
ment, to be held in Stockholm in June 1972, began in 1969. The
Conference Secretary General, Maurice Strong, has generated
wide interest in the Conference and has made a particular effort
to include developing countries. To identify their interests fur-
ther, a series of regional conferences will be held in Latin
America, Africa, Asia, and the Middle East this fall.
Many nations have submitted possible agenda items to the
Secretariat for review in September at the Third Preparatory
Committee Meeting. The items centered on six broad topics
adopted at the Second Preparatory Committee Meeting in Febru-
ary 1971: planning and management for human settlements;
natural resource management; control of pollutants of broad
international significance; educational, informational, social, and
cultural aspects of environmental issues; development and en-
vironment; and the international organizational implications of
action proposals.
In the United States, interdepartmental task forces have
worked on a number of possible agenda items. Marine pollution,
monitoring, information exchange and regional environmental
institutes are receiving special attention. Another key agenda
item is President Nixon's proposal for the establishment of a
World Heritage Trust to preserve important natural, historical,
and cultural areas. Intergovernmental working groups will meet
on five topics of particular interest—marine pollution, monitoring
and surveillance, conservation, soils, and a declaration on the
environment—prior to the Stockholm Conference.
The U.N. Conference will be the scene of the first meet-
ing of the developing and the developed nations on the mat-
ter of environmental quality. The Conference agenda is being
put together with special care to take into consideration the
social, economic, and political conditions in the developing
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2690 LEGAL COMPILATION—GENERAL
countries. The Conference will attempt to develop methods to
achieve environmental quality that will neither inhibit economic
development nor impose upon the developing nations the
values of the developed countries.
nongovernmental organizations
The International Union for Conservation of Nature and
Natural Resources (IUCN) is the only nongovernmental organiza-
tion concerned solely with environmental matters on an inter-
national basis. With membership from over 70 nations, it pro-
vides a forum in which environmental problems of developed and
developing countries may be approached. It works closely with
various U.N. organizations, as well as with regional intergovern-
mental bodies. Its activities range from the traditional conserva-
tion considerations of wildlife and national parks to management
of natural resources and environmental considerations in inter-
national development.
Last year, the International Council of Scientific Unions
established a Special Committee on Problems of the Environ-
ment (SCOPE). As one of its first actions, SCOPE is developing a
plan for international environmental monitoring.
summary
Federal progress in environmental protection is evident in
several broad areas. Organization for action is better. Water
quality enforcement is stronger. Standards in areas such as air
quality and radiation have been tightened. Pesticides are regu-
lated more stringently. The Nation's financial commitment to
environmental improvement has been substantially increased. A
broad spectrum of specific proposals has been made both to
strengthen existing authorities and programs and to provide
needed controls in new areas—such as toxic substances, noise,
ocean dumping, power plant siting, mining, and land use policy.
The President's commitment to use more Federal money and
property to provide urban area recreation opportunities is being
carried out. Federal agencies are implementing a major new
statutory requirement to analyze the environmental impacts of
their actions and, when appropriate, to search for alternatives
less harmful to the environment. Within all Federal agencies,
greater commitment to the environment is needed to insure
more effective implementation of the National Environmental
Policy Act and of the statutory and Presidental directives con-
cerning cleanup of pollution in Federal facilities.
Two areas of Federal activity that particularly need increased
attention are monitoring of environmental conditions and inter-
governmental coordination. (Chapter 7 discusses the need for a
much improved system of monitoring and evaluating environ-
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GUIDELINES AND REPORTS 2691
mental conditions and trends.) The internal organization of EPA
along functional lines and the establishment of NOAA are key
first steps for an integrated pollution control monitoring pro-
gram. Efforts in this area will receive increased attention from
EPA, NOAA, and other agencies, such as the Geological Survey,
with coordination by the Council on Environmental Quality.
The importance of intergovernmental coordination will be-
come increasingly apparent as new and expanded environmental
programs continue to rely primarily on State and local actions
within the framework of Federal standards and guidelines. The
establishment of EPA provides an important basis for beginning
to build more effective and clearly defined Federal-State relations,
particularly in view of the increasing movement of States toward
consolidating pollution control programs.
There have been a number of important forward steps in
international efforts to protect the environment. The United
States has initiated active bilateral programs with Canada and
Japan and is laying the groundwork for other joint actions.
NATO's CCMS has succeeded in examining several specific
environmental problem areas in industrial nations and especially
in achieving agreement on eliminating intentional marine oil
discharges by 1975 if possible, but no later than 1980. IMCO has
continued its leadership in combatting marine pollution. OECD
has tackled the international economic implications of national
environmental policies and programs. ECE has broadened com-
munications between East and West on the environment. The
United Nations faces the difficult task of dealing with environ-
mental quality on a global scale in its preparations for the 1972
Conference on the Human Environment.
Many knotty international problems remain to be resolved.
For example, what will be the impacts on international trade
and competition of national pollution control programs? Are
existing international institutions and basic international law
adequate to meet environmental demands?
One thing is clear: Environment has become—and must re-
main—a high national priority in the United States and in an
increasing number of other nations.
footnotes
1. 42 U.S.C.A. §4321 et seq.
2. S. 1431, H.R. 6959, 92nd Cong., 1st Sess. (1971).
3. S.J. Res. 17, 92nd Cong., 1st Sess. (1971); H.J. Res. 3, 92nd Cong., 1st
Sess. (1971).
4. 42 U.S.C.A. §1857 et seq.; 49 U.S.C.A. §§1421, 1430; and 50 App.
U.S.C.A. §456.
4a. 36 Fed. Reg. 12657 (1971).
5. 36 Fed. Reg. 1503 (1971).
6. 36 Fed. Reg. 6680 (1971) (previous to final issuance).
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2692 LEGAL COMPILATION—GENERAL
7. 36 Fed. Reg. 5931 (1971).
8. 36 Fed. Reg. 5931 (1971).
9. 33 U.S.C. §4077.
10. Executive Order No. 11574, 3 C.F.R. 188 (1970).
11. 36 Fed. Reg. 6564 (1971).
12. 33 U.S.C.A. §1160.
13. Id.
14. 43 U.S.C. §1334.
15. S. 1014, H.R. 5966, 92nd Cong., 1st Sess. (1971).
16. S. 1238, H.R. 4247, H.R. 4723, 92nd Cong., 1st Sess. (1971).
17. S. 1015, H.R. 5970, 92nd Cong., 1st Sess. (1971).
18. S. 1012, H.R. 5958, 92nd Cong., 1st Sess. (1971).
19. Executive Order No. 11507, 3 C.F.R. 91, 94 (1971).
20. 7 U.S.C. §135 et seq.
21. Id. §135(z)(2)(d).
22. Environmental Defense Fund v. Ruckehhaus, 439 F. 2d 584 (D.C. Cir.
1971).
23. Id. at 593.
24. Pesticide Regulation Notice No. 71-1 (January 15, 1971) (available from
EPA).
25. Standards & Criteria for Suspension, Environmental Protection Agency
Policy Statement (March 18, 1971) (available from EPA).
26. S. 745, 92nd Cong., 1st Sess. (1971).
27. 42 U.S.C.A. §3251 et seq.
28. President's Reorganization Plan No. 3, 3 C.F.R. 199 (1971).
29. 10 C.F.R. §50.34a (1971).
30. 36 Fed. Reg. 11113 (1971).
31. S. 1478, H.R. 5276, H.R. 5390, 92nd Cong., 1st Sess. (1971).
32. S. 992, H..R 4332, 92nd Cong., 1st Sess. (1971).
33. S. 1842, H.R. 8816, 92nd Cong., 1st Sess. (1971).
34. 7 Presidential Documents 694 (1971).
35. 7 Presidential Documents 109 (1971).
36. S. 1684, H.R. 5277, H.R. 5389, 92nd Cong., 1st Sess. (1971).
37. S. 993 and H.R. 4704, 92nd Cong., 1st Sess. (1971).
38. 42 U.S.C.A. §4321 et seq.
39. 16 U.S.C. §461 et seq.
40. S 1152, H.R. 6769, 92nd Cong., 1st Sess. (1971).
41. S. 1207, H.R. 5778, 92nd Cong., 1st Sess. (1971).
42. 42 U.S.C.A. §1857 et seq.; 49 U.S.C.A. §§1421, 1430; and 50 App. U.S.C.A.
§456.
43. 42 U.S.C.A. §3251 et seq.
44. 33 U.S.C.A. §1151 et seq.
45. H.R. 6359, 92nd Cong., 1st Sess. (1971).
46. S. 1117, 92nd Cong., 1st Sess. (1971).
47. S. 699, 92nd Cong., 1st Sess. (1971).
48. S.J. Res. 17, 92nd Cong., 1st Sess (1971).
49. S.J. Res. 52, 92nd Cong., 1st Sess. (1971).
50. H.R. 56, 92nd Cong., 1st Sess. (1971).
51. H.R. 2587, 92nd Cong., 1st Sess. (1971).
52. H.R. 5060, 92nd Cong., 1st Sess. (1971).
53. S. 699, 92nd Cong., 1st Sess. (1971).
54. H.R. 6359, 92nd Cong., 1st Sess. (1971).
55. H.J. Res. 3, 92nd Cong., 1st Sess. (1971).
56. 42 U.S.C.A. §4332(2)(C).
57. 42 U.S.C.A. §1857L-7.
58. Notice of Proposed Rulemaking, Implementation of Public Law 91-190,
National Environmental Policy Act of 1969 and Related Requirements,
I.C.C. No. 55 (May 26, 1971).
59. 35 Fed. Reg. 7390 (1970).
-------
GUIDELINES AND REPORTS
2693
-------
2694 LEGAL COMPILATION—GENERAL
the past year-
state and local
activities
States and their political subdivisions have traditionally played
the lead role in environmental protection. They have led both
in curbing pollution and in controlling land use. Although the
Federal Government has long been active in preserving wilder-
ness and wildlife and in providing parks—largely because of its
immense land-holdings—not until the mid-1950's did it mount
a significant water quality program, and not until the early
1960's did it become involved with air pollution. And except for
its own land, the Federal Government lias not engaged in land
use regulation.
But even now with the more direct Federal involvement in
environmental protection—to meet increasingly serious problems
with ever clearer interstate implication—States continue to play
a vital role. State and local governments remain on the front
line of essential planning, management, and enforcement.
In our system of government, the States are experimental
laboratories for a variety of solutions to common problems. And
State innovation frequently sets a precedent for Federal action.
For example, California's automotive emission laws,1 born of
acute smog in the Los Angeles basin, set the stage for the Na-
tional Emission Standards Act of 1965.2
-------
GUIDELINES AND REPORTS 2695
Wisconsin's ban on DDT was a harbinger of similar Federal
action, commenced in 1969 and expanded in 1971, to cover all
uses oi DDT. Permit systems for pesticide use in California,
Florida, Maryland, and New York established a precedent for
the President's proposals for Federal regulation of pesticide use.3
Even organizational reform at the Federal level, such as the
creation of the Environmental Protection Agency (EPA), also
finds precedent at the State level. In 1967, Minnesota created a
consolidated Pollution Control Agency.4 That same year Wis-
consin formed an environmental "super department" putting
resource management and pollution control activities under a
single wing.5 Through creative new State approaches and na-
tional acceptance of the most successful, the Federal system has
profited.
Because of limited space and data, this chapter on State and
local developments is a selective survey. Examples cited range
from interesting and unique innovations to actions representing
larger trends. In many areas, unfortunately, data are insufficient
to identify trends or representative actions. To cite a particular
example is not to endorse the program. Nor should failure to
cite a program or accomplishment be viewed as a judgment that
it is less important or significant than one which is cited. Some
important activities are not reported simply because information
was lacking or because an action occurred too late to be covered
adequately.
The following discussion accents State rather than local activi-
ties because Federal legislation is putting more and more respon-
sibility at the State level in order to encourage comprehensive,
regional efforts. For instance, the Federal water quality program
traditionally has focused on the States. And State responsibility
for air quality has been increased by the 1970 Amendments to
the Clean Air Act.6 Moreover, although local governments are
vital to pollution control, the data on local activities are sparse.
Finally, in land use regulation, long the almost exclusive province
oi local governments, there is widespread agreement that in-
creased State involvement is the key to more effective controls.
pollution control
As the Advisory Council on Intergovernmental Relations has
stated, the past year evoked from State and local governments
"broadened fiscal support for environmental protection, stricter
regulations over air and water pollution and solid waste disposal,
and the design of innovative programs to control environment-
ally related problems." Although concrete cleanup results are
hard to quantify, the government machinery needed to produce
positive results is being improved and in some cases built for
the first time.
-------
2696 LEGAL COMPILATION—GENERAL
broadened fiscal support
The States provided more money and manpower for pollution
control in the past year. Figure 1 shows how much more—for
both air and water pollution control programs; a State-by-State
analysis in the appendix to this chapter breaks it down further.
However, the figure and detailed tables do not fully depict the
adequacy of State efforts. Factors such as population, number
and type of pollution sources, past accomplishment, organiza-
tional efficiency, and skill of personnel also must be considered.
Despite significant increases, many States still suffer severe
shortages of funds and manpower. Inability of States to attract
qualified personnel because of very low salary scales—particu-
larly for junior employees—is a major problem.
The money and manpower amounts in Figure 1 reflect spend-
ing for control programs—standard setting and enforcement,
monitoring, planning, and training. They do not include the
very substantial expenditures, primarily at the local level, for
pollution control facilities such as waste treatment plants. In
1970, States contributed roughly S280 million in grants and
loans to help support municipal construction of sewage treat-
ment facilities. Local expenditures for such projects in 1970 are
estimated at $420 million. During the same period, the Federal
Government obligated approximately S450 million for projects
qualifying for assistance under the Federal Water Pollution
Control Act.
In the past year, Florida and Louisiana joined the list of States
with programs to help finance construction of waste treatment
plants. Twenty-three States, including most of the populous ones,
now have such programs. Communities qualify for a "bonus" in
Federal grant assistance whenever the State pays 25 percent of
the cost.
In 1970, voters strongly supported State involvement in financ-
ing pollution control facilities. Data on 1970 bond elections show
that voters approved all five bond issues designated by the In-
vestment Bankers Association as "pollution control" issues. These
issues totaled more than $1 billion, including Illinois and Cali-
fornia issues of S750 million and $250 million, respectively.
"Water and sewer" issues, a category that includes most sewage
treatment facility bonds, won 90.2 percent approval by dollar
volume. This compares with the GO. 1 percent approval rate for
all bond issues in 1970.
stricter regulation
Many States have tightened pollution control standards or ex-
panded their coverage to new pollutants or activities. Many have
intensified antipollution enforcement.
Inadequate data on prior State enforcement activity make it
-------
GUIDELINES AND REPORTS
2697
Air Pollution Control !
FY 1970 FY 1971
67.7
55.4
4.3
Water Pollution Control
FY 1970 FY 1971
34.3
2.7
41.4
|?*3%S
^
--^r^r^^tr^L
?%f -V^C >'-^» .vV¥^T'.'V
-------
2698 LEGAL COMPILATION—GENERAL
difficult to judge the volume or effectiveness of the past year's
activities on a comparative basis. However, public clamor for
action against violators of pollution control standards has high-
lighted the weaknesses of many existing State enforcement authori-
ties and prodded States to develop new and better mechanisms.
air quality—A vivid example of limited enforcement authority
occurred in Alabama. In fuly 1970, the Federal Government
denied the State's request for $600,000 in financial aid for its air
quality program because the State Air Pollution Control Act7
failed to meet minimum requirements for such aid. Inadequate
enforcement provisions were the basic reason. Then, in April
1971, after a 5-day air pollution "episode" in Birmingham, the
Alabama Attorney General filed a suit under the State's public
nuisance law against 13 major industrial companies requesting
that they be given a 6-month deadline to abate their pollution.
The Attorney General stated that the Alabama Air Pollution
Control Act could not have been invoked since it set no ap-
plicable standards. (For a discussion of some ol the limitations ot
State public nuisance law generally, see Chapter 5.)
residential fuel burners and incinerators—New York City's
ordinance regulating the use of fuel burners and refuse incin-
erators in multiple dwellingsK was upheld by the State's highest
court in November.9 It was challenged by more than 400 apart-
ment house owners. The New York City Administrative Code re-
quires the Air Pollution Commissioner to issue operating certifi-
cates for fuel burners and incinerators. Owners must conduct
such tests as the Commissioner finds necessary to determine
whether the equipment meets the new standards. The law sets
standards for sulfur content ot fuel and requires owners to install
sulfur emission monitoring and recording devices. Once compli-
ance dates have passed, the Commission is empowered to seal
any equipment lacking a permit or emitting harmful substances.
Following the court decision, the City promptly set deadlines tor
plans to upgrade substandard facilities. It also warned that it
would use the law's enforcement authority in cases of noncom-
pliance.
auto emissions—Under the Federal Clean Air Act, State and
local governments retain authority to regulate pollution from
automobiles in use.10 But authority to regulate emissions from
new motor vehicles is reserved to the Federal Government.
California is an exception. Under section 209(a) of the Federal
Clean Air Act, California is eligible for a waiver from EPA per-
mitting it to establish emission standards for new motor vehicles
stiffer than Federal standards if needed to meet "compelling and
extraordinary conditions" in that State. California, whose regula-
tion of automotive emissions established the precedent for present
Federal law, has obtained several waivers since the Federal law
-------
GUIDELINES AND REPORTS 2699
was enacted in 1965. In 1971, waivers were granted by EPA for
emission standards and test procedures for various classes of
vehicles in the 1972, 1973, and 1975 model years.11
A number ol State and local governments have "ant'ismoke"
laws, which prohibit annoying, visible exhaust Irom vehicles.
Michigan's vehicle code is one example.1-' Although many such
laws are rarely enforced, some jurisdictions are moving to
strengthen their implementation. For example, officials in Jack-
sonville and in Bade County, Fla., have announced that they
are intensifying enforcement of their recently enacted anti-
smoke laws. On a nationwide basis, however, much more needs
to be done to enforce such laws.
Several States are studying the possibility of establishing emis-
sion testing and inspection programs. Section 210 of the Clean
Air Act authorized Federal grants to assist such programs.
Some cities are curbing the use of surface transportation to
help control air quality, and others are actively considering such
measures. In New York City, for example, new air pollution
emergency procedures embody provisions tor closing streets and
restricting automobile use. To help meet Federal air quality
standards, the City is working with the Tri-State Transportation
Commission to develop a master plan for area traffic.
New York recently closed several streets on an experimental
basis to explore possibilities tor generally limiting the role of the
automobile there. The Mayor has ordered a study to determine
if one of the experimental streets—Madison Avenue—could be
converted into a mall.
indirect pollution controls—In come cases, pollution control
requirements may be imposed indirectly, rather than through
standards. For example, the Illinois Public Utility Commission,
at the urging of the State Attorney General, granted a rate in-
crease to a large electric utility, Commonwealth Edison, on the
condition that the utility take several specific pollution abate-
ment actions.13 If Commonwealth Edison tails to take the actions
within the allotted time, the State may reduce the rate in-
crease 50 percent. This is believed to be the first rate regulation
in the Nation to contain explicit and extensive environmental
quality requirements. The requirements call for the utility to
convert to cleaner fuels to protect air quality and to install cool-
ing facilities to prevent thermal water pollution.
water quality—Representatives of the numerous Federal, State,
and interstate authorities with water pollution control enforce-
ment responsibilities in the New York City metropolitan area
have agreed to pool information and to coordinate enforcement
and monitoring. This elementary step should enhance enforce-
ment efforts, which have been hampered by fragmentated data
and responsibilities.
-------
2700 LEGAL COMPILATION—GENERAL
Illinois has comprehensive legislative authority for water pollu-
tion control enforcement. For example, the new State Environ-
mental Protection Act permits the Illinois Pollution Control
Board to force any municipality or sanitary district that has been
ordered to abate water pollution to issue general obligation or
revenue bonds to finance the needed treatment facilities.14 This
provision is designed to overcome lack of funds and debt limit
problems that often forestall construction of necessary sewage
treatment works in many communities.
New York's new Department of Environmental Conservation
has waged an active battle against water pollution. The Depart-
ment reduced mercury discharges into New York waters by 97
percent—down to about 2 pounds per day. Under New York's
Pure Waters Program, a pioneer program of State financing for
waste treatment, 358 municipal sewage treatment plants, costing
approximately $2.2 billion, were built or were under construction
or design as of March 31, 1971. State funds totaling more than $1
billion have been committed to these projects.
California has also been active in water quality enforcement.
The State's new Water Quality Control Act,]r' which took effect
on January 1, 1970, arms the State with an arsenal of enforce-
ment powers, including strict fines—up to |6,000 a day—against
polluters. Enforcement has been vigorous, with more than 100
direct enforcement actions taken and many waste discharge re-
quirements strengthened.
The San Diego Regional Water Quality Control Board won
a citation from the Department of the Interior in October 1970
for its efforts, in conjunction with local authorities, to visibly
improve water quality in San Diego. Cleanup measures included
establishment of a regional sewage treatment system. The Los
Angeles Regional Water Quality Board tightened discharge
standards tor the Inner Los Angeles Harbor and Dominguez
Channel. By late spring of 1970, Inner Harbor water quality
had been distinctly improved. Several species of marine life not
seen for 25 years returned to the harbor's waters.
ocean dumping—In both San Diego and Los Angeles, major
reductions in ocean dumping of wastes contributed to water
quality improvement. Several large-volume dumping operations
voluntarily curtailed dumping involving materials such as filter
cake in San Diego and oil drilling wastes in Los Angeles. Sub-
sequently, the San Diego Board banned ocean dumping within
its jurisdiction. Similar action by the San Francisco Board and
voluntary reduction of paper mill and oil wastes dumping in
Seattle resulted in a total decline in Pacific Coast dumping (ex-
cluding dredge spoils) from about 1 million tons in 1968 to
about 24,000 tons in 1971.
Both New Jersey and Rhode Island have recently enacted
legislation to regidate ocean dumping within their jurisdiction.11"'
-------
GUIDELINES AND REPORTS 2701
In Rhode Island, transportation and dumping of specified
types of materials will require a permit from the State environ-
mental agency. In New Jersey, permits for loading and transport-
ing will be used to control dumping.
subsurface disposal—Colorado moved to regulate subsurface
disposal of liquid wastes—a practice used increasingly as more
stringent surface water quality standards and stricter enforce-
ment reduce the waste disposer's options. With some exceptions,
State Water Pollution Control Commission rules prohibit the
direct or indirect underground discharge of liquid wastes with-
out a public hearing and a permit.17 The regulations protect
usable waters and authorize the Commission to specify disposal
methods. They also require monitoring, evidence of financial
responsibility, and engineering and other data. Although some
other States also regulate underground disposal, authority often
is limited and is unevenly exercised.
phosphates—At both the State and local levels, one of the most
publicized regulatory activities in the past year was enactment
of restrictions on phosphate content of detergents. Cities and
counties in Florida, Illinois, Maine, Maryland, Michigan, New
York, Ohio and Wisconsin have acted to limit phosphates in
detergents. Several of these laws have been challenged in court
by detergent manufacturers.
Among the States, Connecticut, Florida, Indiana, Maine, Min-
nesota, and New York have enacted legislation to regulate the
phosphate content of detergents." In New York and Connecticut
phosphates will be banned from detergents after January 1 and
June 30, 1973, respectively. In Indiana, phosphates will be
limited to 3 percent by weight on January 1, 1973. These three
States have also authorized or required interim reductions. In
Maine, phosphates in detergents are limited to 8.7 percent (phos-
phorus) as of June 1, 1972. Florida provides that after January 1,
1973, no detergent may contain additives—including but not
limited to phosphates—found by the State pollution control
agency to be harmful to health or the environment. Minnesota
legislation authorizes the State pollution control agency to regu-
late maximum permissible concentrations of any nutrients, such
as phosphorus. Many other States and communities are consider-
ing phosphates legislation.
Figure 2 and Table 1 show State performance in relation to
important air and water quality program elements. In Figure 2,
the distinction between standards for interstate and intrastate
waters reflects the fact that the Federal Water Pollution Control
Act presently applies only to interstate waters.19 However, the
bonus grant provisions in the Act inject a strong incentive to
develop intrastate standards. All but seven states now have such
standards, as the table shows. The "permit system" category in-
-------
2702
LEGAL COMPILATION—GENERAL
Figure 2
State Water Quality Program
Elements, May 1971
Routiiu .
treatment I stat* ,
plant I momtonng I
' systtm
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Dist. of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Guam
Puerto Rico
Virgin Islands
Authorized
FY 1971
Source: Environmental Protection Agency, Office of Water Programs.
1 Municipal only.
- Federal only.
J Municipal and State only.
-------
GUIDELINES AND REPORTS
2703
dicates existence of legal authority to issue permits or their
equivalent for discharges; it does not show whether permits are
issued or how they relate to water quality standards. The "State
matching" category refers to legal authorisation for a State to
help municipalities build sewage treatment iacilities by grant
or loan. Jt does not reflect whether such assistance is regularly
provided. The "treatment plant inspection" category covers
surveillance of the operation and maintenance of all facilities at
least once a year. The elements in Table 1 are based on require-
ments of the Clean Air Act with respect to State implementation
plans to be submitted to EPA.
ttwwWelBtitilwraiWiiiti ^V^^i*!* ,«***viJF"
" -
solid waste—Regulation of solid waste management practices,
other than for public health protection, is in a rudimentary
state. However, statewide and regional solid waste planning is
on the rise. And it is leading to increased regulatory activity—
such as prohibitions against open dumps and controls over land-
fill practices.
In New Jersey, the Department of Environmental Protection
was empowered to register all solid waste disposal operations, to
formulate a statewide waste management plan, and to encourage
regional action. It was also empowered to build disposal facilities
-------
2704 LEGAL COMPILATION—GENERAL
on an experimental basis.-0 The State plan, recently issued by the
Department, recommends incineration and landfill districts.
A new Kansas law calls lor limited State regulation ol solid
waste management.-1 It creates a Solid Waste Advisory Council
to recommend ways to finance solid waste systems and standards
to govern the operation ot disposal facilities. North Carolina has
armed its State Board of Health with new solid wastes research,
standard-setting, and inspection responsibilities.--
The Solid Waste Disposal Act -3 demands that State solid
waste management plans funded under the Act include an
inventory of waste disposal facilities and a survey of problems
and practices. Under the 1970 Amendments, provision for re-
cycling or recovery of materials from waste must be included
whenever possible.24 Figure 3 shows the progress of State solid
waste management plans pursuant to section 207 ot the Solid
Waste Disposal Act, as amended.
litter—Oregon recently passed legislation dealing with another
public-arousing problem—litter by beverage containers.-•"' The
Oregon law requires a deposit on all beer and soft drink con-
tainers, 5 cents on standard-sized bottles and cans and 2 cents
on small beer bottles. It also bans detachable tabs on metal cans.
The law takes effect in October 1972. Over 40 States are consid-
ering similar legislation. In the November 1970 elections, a man-
datory deposit was defeated in the State of Washington. Several
years ago, Vermont prohibited nonreturnable beer bottles, a
measure that was rendered ineffective and later abandoned after
the advent of beer cans.
noise—Comprehensive noise pollution control is an area of
increasing State and local regulatory activity. Although there
are an estimated 1,500 to 2,000 State and local noise control laws,
many are limited or unenforceable. However, concern and activ-
ity in this area have been renewed. Florida recently enacted legis-
lation authorizing its Department of Air and Water Pollution
Control to establish noise standards.-" North Dakota lias taken
similar action.27
In March, 1971, Chicago adopted a comprehensive noise con-
trol ordinance, which became effective on July 1.'-^ Under the
ordinance, manufacturers must certify that specified types of
vehicles and equipment, including construction equipment, sold
in the city meets prescribed noise emission standards. Vehicle
users are also subject to noise limitations. Noise from buildings
and certain noise-generating activities are also regulated.
Chicago has come up with a unique method of enforcing its
new noise standards. Mobile teams, equipped with portable
sound meters, will cruise the city "listening" for violations and
ticketing violators.
New York's Quiet Communities Program embraces research,
monitoring, and land use planning. Enforcement of noise stand-
-------
GUIDELINES AND REPORTS
2705
Figure 3
Progress in State Solid Waste Management Plans,
June 30, 1971
Inventory 1 Plan draft ) Plan
stage | stage | completed
Source: Environmental Protection Agency, Office of Solid Waste Management Programs.
-------
2706 LEGAL COMPILATION—GENERAL
ards is carried out primarily through local law enforcement
agencies.
California,2" Connecticut,30 and New York 31 all have legisla-
tion establishing maximum decibel noise levels for motor vehicles
on public highways. California also regulates noise levels of new
motor vehicles.32 Studies in New York indicate substantial reduc-
tions in vehicle noise levels. Most States have laws requiring
mufflers on vehicles to prevent excessive noise, but because these
laws generally do not establish maximum decibel levels, they are
difficult to enforce.
Although many municipal noise ordinances regulate noise
from fixed industrial locations, very few regulate the annoying
noise from construction activities. Public nuisance laws have
rarely been invoked successfully against such noise.
Municipal building codes often contain provisions to minimize
noise passing through walls, but many such provisions are inade-
quate or poorly enforced. There is virtually no regidation of
household appliances by State and local governments.
radiation—Legal uncertainty shrouds the future of State regula-
tion of radioactive emissions from nuclear powerplants. Opin-
ions by a Federal district court in Minnesota33 and by the
Illinois Pollution Control Board 3* reached opposite conclusions
on whether States are preempted by Federal law from regulating
such emissions. The Federal district court held that Federal
radiation control authority precludes State regulation. The Illi-
nois Board ruled just the opposite, contending that when public
health and safety—traditional State concerns—are involved, a
congressional intent to foreclose State regidation must be very
explicit. The Board found such an intent to be lacking in the
Atomic Energy Act.fr' The ultimate outcome ot the two cases,
both of which are now on appeal, will significantly influence the
future of State nuclear powerplant legulation.
reorganization
States, like the Federal Government, have reorganized them-
selves to cope with the environment. The trend toward consoli-
dation of State pollution control programs began in the late
1960's. And it has taken a variety of forms. The examples dis-
cussed are representative although not necessarily typical.
Prior to the reorganizations discussed below, environmental
programs in most States were—and in many other States still
are—scattered among several agencies, boards, and commissions.
Boards and commissions, manned by government agency repre-
sentatives, citi/ens, special interest groups, or all of these, usually
wielded considerable influence in setting pollution control policy.
Often these entities exercised powers independent of the Gover-
nor, and special interest groups sometimes dominated them.
-------
GUIDELINES AND REPORTS 2707
Implementing board-established polity was generally left to
one or more agencies. Most often, a State health department con-
tained one or more units responsible tor air and water pollution
control. In some cases, the water pollution control program was
lodged in a separate agency or combined with other water pro-
grams, such as water resources management. The State solid waste
management program, if any, was usually under a health depart-
ment arm. Pesticides regulation was a function of the health or
agriculture departments—or both. State park, recreation, fish
and wildlife, and other resource programs were sometimes
grouped together or were sometimes totally separate.
new york—By a statute enacted on Earth Day 1970, and effective
July 1, 1970, New York State transferred most of its pollution
control and resource management programs—the air, water, and
pesticides control programs and the water resource, forest, fish
and wildlife, and marine and mineral management programs—
to a new Department of Environmental Conservation (DEC).3"
Solid waste disposal regulation, land use planning, and noise
pollution control were also put under the Department's general
purview, and it is expected that DEC will seek more specific
statutory authority in these areas.
DEC is empowered to develop a statewide environmental plan
and a statement of goals and strategies, to review all State agency
programs affecting the environment, and to formulate guidelines
for measuring the environmental values and relationships in-
volved.
Internally, DEC is basically divided into an environmental
quality (pollution control) section and an environmental man-
agement (resource management) section (see Figure 4).
The act creating the DEC also created a State Environmental
Board—made up of citizens and representatives of State agencies
—and a citi/en Council of Environmental Advisors. The Board,
which replaces interagency air and pesticides boards and the
Water Resources Commission, will advise the DEC Commis-
sioner. It has veto power over environmental standards, criteria,
rules, and regulations proposed by the Commissioner. The citizen
Council is an advisory body to the Governor on broad environ-
mental policy. It has specific responsibility for developing guide-
lines on environmental quality and economic and population
growth.
Washington—The State of Washington enacted legislation in
1970—less extensive in scope than the New York law—which
consolidates environmental protection programs under a Depart-
ment of Ecology (DOE).17 Created on July 1, 1970, DOE resulted
from an across-the-board effort in the State to overhaul govern-
ment structures and make them more responsive to the Governor,
the legislature, and the public.
-------
2708
LEGAL COMPILATION—GENERAL
-------
GUIDELINES AND REPORTS 2709
DOE consolidates the water and air quality, solid waste man-
agement, and water resource programs. In contrast to New York's
DEC, DOE does not incorporate other resource management
programs. Although the Department is basically a pollution con-
trol agency, programs such as pesticide control and drinking
water quality remain with the Agriculture and Social and Health
Services Departments, respectively.
As in some other States that have reorgani/ed environmental
programs, a key objective was to create a strong environmental
executive directly accountable to the Governor while limiting
the number and authority of special interest and interagency
boards and commissions that have been a hallmark of State en-
vironmental management.
Preexisting citizen or interagency boards such as the Water
Resources Advisory Council and the Air Pollution Control
Board gave way to an Ecological Commission to advise the DOE
director. All nonprocedural rules and regulations proposed by
the Director of DOE are reviewed by the Commission. The
Commission lias veto power over such proposals if five of its
seven members disapprove.
The third element in Washington's new pollution control
structure is a three-member quasi-judicial Pollution Control
Hearings Board. It hears appeals from decisions of the DOE and
of local air pollution control authorities.
One of the most significant aspects of DOE is its internal
structure. It is structured according to functions, such as
standard setting and planning. There is no separate air quality,
water quality, water resource, or solid waste component. Instead,
there are two functional branches—one for administration and
planning and one for public services (see Figure 5).
Illinois—Probably the most innovative State reorganization pro-
gram was adopted in Illinois. The Illinois Environmental Pro-
tection Act of 1970 3S transferred preexisting authorities and
programs and added some new ones to three new functional
entities. Resource management programs were not affected. The
Pollution Control Board (PCB) sets standards and adjudicates
enforcement proceedings. The State Environmental Protection
Agency (EPA) identifies and prosecutes alleged violators belore
the Board, issues permits, and gives technical assistance. The
Institute for Environmental Quality (IEQ) conducts long-range
policy planning and applied research. (See Figure 6.)
Pollution control programs—air quality, water quality, radia-
tion control, and "land pollution control" (solid wastes)—thus
were divided in the reorgani/ation among three organi/ations.
This is an atypical response to common problems that have led
various other states to reorgani/e.
The Illinois reorganizes saw many problems. The State De-
partment of Public Health (DPH) overadvised and overconsulted
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2710
LEGAL COMPILATION—GENERA L
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GUIDELINES AND REPORTS 2711
with polluters instead of regulating and prosecuting them. Part-
time standard-setting boards—such as the Air Pollution Control
Board and the Sanitary Water Board—were ineffective; they met
infrequently, and some members were associated with polluting
constituencies. The air and water quality boards were separate.
Finally, the pollution control units within DPH had to compete
with other important DPH interests tor money.
The framers of the Illinois reorganization plan were guided
by principles in large measure different from those followed by
other States. First, rather than eliminating or reducing the role
of the policymaking board, Illinois professionalized it by giving
it a full-time membership with staff. It also gave the board
sharply defined, final authority for standard setting and policy
development.
Second, Illinois acted upon the theory that some functions,
such as prosecution and adjudication, conflict, or at least com-
pete unfavorably, if administered by a single agency. The State
also felt that long-range research and planning inevitably suf-
fered when forced to compete for funds within an agency that
must respond primarily to immediate crises and pressures. Hence,
it created the independent IEQ.
Third, the Illinois approach is grounded in the belief that
some duplication of responsibilities promotes a healthy compe-
tition that will maximize action against pollution. It assumes
that interacting and overlapping organizations, with an involved
citizenry, will "check and balance" inadequate or arbitrary action
by any one organization. The Illinois Environmental Protection
Agency, the Attorney General, and any private citizen all have
authority to initiate enforcement proceedings. And citizens as
well as the State EPA and IEQ may initiate standard-setting
proceedings.
Reorganization of environmental programs such as those in
New York, Washington, and Illinois, especially when linked to
an expansion or streamlining of pollution control authority,
should significantly accelerate substantive progress at the State
level. The varying approaches to reorganization—consolidation
versus separation of functions and competitive overlap; pollution
control alone versus a combination of pollution control and
resource management; internal functionalization versus pollutant
or media orientation—all will lend valuable comparative exper-
ience for future refinement of environmental management efforts.
program innovations
Aside from reorganization, some States have also introduced
innovations in 'environmental problem solving. States have
pioneered new approaches to citizen involvement, waste manage-
ment and its financing, pollution charges, and applications of
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2712
LEGAL COMPILATION—GENERAL
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GUIDELINES AND REPORTS 2713
technology. (New State laws, patterned alter the National Envi-
ronmental Policy Act (see Appendix A) and requiring State
agencies to weigh the environmental impact of proposed activi-
ties, are discussed in Chapter 5.)
citizen involvement—Michigan has given private citizens broad
rights to obtain a court injunction or other equitable relief
against conduct that will "pollute, impair, or destroy the air,
water, or other natural resources or the public trust therein." 39
The new Michigan law covers much more than air and water
pollution, but it can be expected to have a particular impact in
those areas.
The Michigan law contrasts with the Illinois Environmental
Protection Act of 1970,40 which provides for major citizen in-
volvement in the regulatory processes of State agencies but autho-
rizes a more limited type of citizen enforcement. The Illinois
Act gives citizens broad rights to be informed of agency pro-
posals and actions, to examine records, and to participate in
agency procedings. The standard-setting agency, for example,
must hold a public hearing on any standard or rule proposed by
200 or more citizens—unless it is "plainly" devoid of merit or
has been considered within the previous 6 months.41
Any Illinois citizen may initiate an adjudicative proceeding
before the Pollution Control Board to enforce the Act or stand-
ards established pursuant to it. In addition, a recent amendment
of the State constitution enables citizens to sue in the State courts
to protect their right to a "healthful environment." 42 (Chapter
5 discusses in more detail the Michigan, Illinois, and other State
laws giving private citizens access to the courts to protect the
environment.)
waste management and its financing—Three States, Maryland,
New York, and Ohio, have public corporations empowered to
engage in a traditionally local function: financing, constructing,
and operating municipal sewage treatment and solid waste dis-
posal facilities. The Maryland and Ohio corporations have
similar authority with respect to some industrial facilities, and
the New York and Ohio corporations have responsibility for
water supply facilities.
maryland—The most recent of these three innovative institu-
tions is the Maryland Environmental Service (MES), created in
1970.43 MES may finance, design, construct, operate, and maintain
solid and liquid waste disposal facilities. It provides research,
technical assistance, and planning services on a regional basis.
MES may contract with municipalities, other government entities,
and private parties to provide these services. When directed to do
so by State pollution control officials, it must install or operate
abatement facilities for a municipality, firm, or individual that
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2714 LEGAL COMPILATION—GENERAL
has failed to comply with an order issued by such officials. Re-
cipients of MES services bear the costs.
MES is expected to effect economies of scale through regionali-
xation of waste treatment and disposal, better financing oppor-
tunities than those available to most local jurisdictions (MES is
authorized to issue its own bonds), and stricter compliance with
water quality standards and solid waste disposal regulations.
MES will draft and seek to implement 5-year plans for the
regions that it designates. However, the MES legislation requires
approval by local governing bodies in a designated region as a
precondition to adoption and implementation of a plan. Only
the State General Assembly can override a local veto. Moreover,
local governments can veto the location of waste disposal sites
and continue to set fees for sewer and refuse services. Once a
plan is adopted, an MES district will be established to acquire
or construct the necessary facilities.
Some skeptics suggest that the local veto provision will ham-
string MES and force it merely to implement local priorities in-
stead of pursuing regional objectives. However, it is quite possible
that MES can at least move toward regional waste management
by persuading local officials that it will be cheaper and more
effective to think regionally. MES must sell itself.
The primary difference between MES and the New York and
Ohio public corporations—the New York Environmental Facili-
ties Corporation (NYEFC) and the Ohio Water Development
Authority (OWDA)—is that neither NYEFC nor OWDA has
statutory authority to take over any facility that is violating
standards. None of the three corporations provides grants to
municipalities, although in Maryland and New York, munici-
palities may obtain State grants to help construct sewage treat-
ment facilities. In Ohio, state funds that qualify for Federal
grant assistance are provided on a loan basis.
new york—NYEFC, created in 1966 as the Pure Waters
Authority, began operations in September 1968 and has authority
to finance, construct, and operate municipal air pollution control
facilities in addition to its solid and liquid waste management
and water supply authorities.*4 Basically the corporation is a
service organization to help communities that have assessed their
own needs and priorities. Unlike MES, it is not designed to
impose regional solutions to waste disposal problems.
As of March 31, 1971, NYEFC had outstanding 14 contracts
for sewage treatment financing, 17 contracts for sewage treatment
construction, and 20 for operation and maintenance of such fa-
cilities. Also outstanding were one construction contract for a
water supply facility and one contract for operation and main-
tenance of a solid waste disposal facility. The Corporation's
outstanding obligations totaled more than $28 million, and the
total value of its contracts was more than $125 million.
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GUIDELINES AND REPORTS 2715
Ohio—OWDA, established in 1969,41 has received as of June
1, 1971, a total of 249 applications for assistance from local gov-
ernments. It has signed agreements with 81—for projects valued
at more than $165 million. Five projects have been completed,
and 52 projects, costing a total of more than $119 million, are
under construction. Two projects for industry are under con-
struction, and one has been finished.
OWDA, like NYEFC, does not have regional planning respon-
sibilities. But projects that it funds must be consistent with
regional waste management plans soon to be completed by the
Ohio Department of Natural Resources. OWDA, unlike MES,
does not have authority to build a facility in order to remedy a
violation of standards. However, under the terms of its contracts,
it does have authority to take over the operation of any facility
—industrial or municipal—which it has financed or constructed,
if standards are being violated.
MES, NYEFC, and OWDA are pioneering institutions, each
reflecting to some degree the growing awareness that regional
planning and facilities, economies of scale, and large-scale financ-
ing are important to effective waste management. As waste man-
agement problems become more difficult and public demands for
a quality environment more intense, such statewide solutions will
become more important.
pollution charges—The "effluent fee" or pollution charge has
been a key innovation in financing pollution control at the State
level. However, its implementation so far has been limited. Ver-
mont passed a law in 1969 levying a charge on dischargers not
in compliance with State water quality standards.4" The Vermont
law provides that after July 1, 1971, a "temporary pollution per-
mit" may be issued to a discharger ineligible for a "discharge
permit." A discharge permit is issued only for discharges that
will not reduce the quality of receiving waters below applicable
standards. To receive a temporary permit and avoid legal action
by the Water Resources Board, the discharger must show that
he is making a bona fide effort to install or develop control
facilities or systems, has no reasonable alternatives, and would
suffer hardship if the permit were denied. He must also demon-
strate that some public benefit will result from issuance of the
permit and that the discharge will not unreasonably degrade
water quality.
Any temporary permit issued must contain various conditions
specified by statute. One of these is periodic payment of a pollu-
tion charge, established by the Board "to approximate in eco-
nomic terms the damage done to other [public and private] users
of the waters." This is designed to give permit holders "the eco-
nomic incentive ... to reduce the volume and degrading quality
of their discharges" during the limited period of time the permit
allows to complete remedial action.
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2716 LEGAL COMPILATION—GENERAL
The Vermont effluent fee system deviates most sharply from
the basic effluent fee concept, as advocated by welfare economists,
in this way: The Vermont charge applies only to dischargers
determined to be out of compliance with water quality standards.
The basic effluent fee concept generally calls for charges to be
levied against all dischargers. The July I, 1971, deadline for im-
plementing the effluent fee law recently was extended for 1 year
by the Vermont Legislature to give firms more time to comply
with water quality standards. However, firms not complying by
July 1, 1972, will be assessed fees retroactive to July 1, 1971.
Michigan recently enacted legislation establishing an effluent
and water quality monitoring fee system. That law requires all
manufacturing and other commercial dischargers to pay a fee
"for the cost of surveillance of industrial and commercial dis-
charges and receiving waters." JT The fee, assessed annually by
the Water Resources Commission and based on the volume and
strength of discharge, may range from a $50 minimum adminis-
trative fee to $9,000 per location for discharges in conformance
with the Commission's effluent restrictions. The law specifies no
maximum fee for unlawful discharges. Thus, it apparently could
be applied similarly to the Vermont law.
The new waste treatment and disposal program in Maryland,
discussed earlier in this chapter, may also be used to impose an
effluent tee. Maryland's new Environmental Service is authorized
to charge for its services. The Environmental Service Act would
permit MES to structure its charges to reflect the costs of envi-
ronmental damage caused by pollution.
new applications of technology—A promising example of recent
innovation in technological experimentation by State govern-
ments and their subdivisions is the Muskegon County Waste-
water Management System. With more than $2 million from
EPA, the Michigan county has initiated a demonstration project
using partially treated municipal sewage, which contains soil
conditioners and nutrients, to reclaim barren land for agricul-
tural use. When waste water is sprayed on the land, the soil
will remove nutrients and absorb heavy metals, both of which
are used by plants. The project is designed, however, to prevent
overloading of heavy metals in the soil. A drainage network
of tiles and wells will return clean water to the county's aquifers,
lakes, and rivers—to augment water supply or stream flows. The
concept is not new, but the large-scale application of it is.
A bold project that required the cooperative commitment of
the county, the State, the Federal Government, and 13 units of
local government, the Muskegon County experiment is an ex-
ample of increasing and needed efforts to reuse waterborne wastes
rather than simply collecting them for unproductive and costly
disposal. If the project proves viable for widespread application,
it will provide an alternative to the conventional municipal
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GUIDELINES AND REPORTS 2717
waste treatment plant. Preliminary evaluation suggests the proj-
ect will be less costly than expensive tertiary treatment that
would still result in wastes being discharged into Lake Michigan.
In a related, subsequent development, the Army Corps of En-
gineers and the Environmental Protection Agency announced a
joint program to develop regional waste water management sys-
tems for five of the Nation's largest urban centers. In these
areas—Boston (Merrimack Basin), Chicago, Cleveland, Detroit,
and San Francisco—the two agencies will jointly study alterna-
tive waste water management posibilities in close cooperation
with State and local governments. Based on the premise that
pollutants are potential resources out of place, these studies will
consider alternatives such as the Muskegon County system. Only
alternatives capable of achieving established water quality stand-
ards and compliance schedules will be considered.
With approval from the Commonwealth of Pennsylvania,
under a new law requiring State approval of all waste disposal
projects,48 a new type of sanitary landfill has been put into
operation near Tullytown. Designed to protect against water
pollution, the site is expected to provide refuse disposal space
for a number of communities for 8 to 10 years. To prevent
polluted water from the landfill from penetrating to under-
ground water supplies or from running off to nearby streams, a
membrane barrier has been installed at the base of the landfill
to collect all water which penetrates. Surface water that filters
down to the membrane flows to collection points where metals
and biological materials are removed. The treated water may be
discharged to the streams or returned to the landfill where,
under certain conditions, its recirculation promotes rapid stabili-
zation of the wastes. The system is intended to permit reclama-
tion of areas such as swamps or low-lying ground, which other-
wise would not be used for refuse disposal because of danger to
the water table.
Because public concern for environmental protection has
focused largely on pollution control, it is not surprising that
much of the State and local environmental activity lias focused
on this area. States also have been pioneering new land use
programs. These range from setting up new regulatory author-
ities and institutions to paying more attention to increasing
parks and protecting natural areas.
regulation of land use
In the past year, State control over critical areas and types of
land use lias increased. Under the U.S. Constitution, States
possess the inherent police powers on which land use regulatory
authority depends. However, since zoning rules were first ap-
plied in New York City in 1916, land use regulation has been
-------
2718 LEGAL COMPILATION—GENERAL
regarded predominantly as an instrument for controlling urban
development. Following the pattern prescribed in the Model
Standard Zoning Enabling Act published by the Department of
Commerce in 1922, most States have delegated land use regu-
lation to local government.
The traditional local zoning system is ill suited to protect
broader regional, State, and national values. Local governments
have a limited perspective on and little incentive to protect
scenic or ecologically vital areas located partially or even en-
tirely within their borders. Economic pressures often spur devel-
opment to the detriment of the environment because of local
government dependence on property taxes.
Local land use regulation alone, therefore, cannot deal effec-
tively with many of today's environmental problems: protecting
lands that have natural or esthetic value to a region; accommo-
dating development that is necessary for a region but may not be
desired by local communities; and controlling large-scale develop-
ment that impacts upon more than one local government. Recent
State initiatives in land use regulation are aimed at overcoming
these disabilities.
protecting wetlands and other key areas—Several States have
assumed control of land use in important geographic areas in
order to preserve fragile ecological characteristics from incom-
patible development. For example, legislation in some States
has subjected draining, dredging, filling, and development in
coastal wetlands to State regulation.
These laws respond to the fact that continued draining, filling,
and consequent disappearance of wetlands destroy important
wetland-dependent shellfish, marine life, and waterfowl. At least
two-thirds of the marine population spends an essential part of
its life cycle in estuarine waters—or depends on species that do.
(Statistics on wetlands losses in various States are detailed in
Chapter 7.)
Wetlands laws often require a prospective developer to obtain
permits from both local and State government prior to devel-
opment in wetlands. The better laws customarily restrict devel-
opment activities to those compatible with preservation of wet-
lands for dependent plants, micro-organisms, fish, and wildlife.
The 1963 Massachusetts wetlands protection law, the first such
State law, limited certain kinds of development and set up a
permit requirement.4q Additional wetlands legislation in 1965
authorized the State to issue comprehensive protective orders
that are recorded as conservation restrictions against deeds and
thus are binding on the property through successive owner-
ships/'" These orders, issued prior to any development, specify
one or more permissible classes of wetlands use for the property
to which they are applicable: unqualified (e.g., recreation, hunt-
ing, and grazing of stock); conditional (e.g., roadways, under-
-------
GUIDELINES AND REPORTS 2719
ground utilities, mooring slips); and by special permit only (e.g.,
excavations for boat channels, beaches, boat launching ramps).
As of the spring of 1971, protective orders were recorded
against 18,100 acres of Massachusetts coastal wetlands. Orders
were pending against other acreage which, if added to the pres-
ent total, would cover 40,000 of the approximately 45,000 acres
of coastal wetlands in the State. A key advantage of the pro-
tective order system is that it determines land capability and
compatible uses in advance of actual development and related
disputes.
In 1969, California expanded the authority of the San Francisco
Bay Conservation and Development Commission (BCDC) to pro-
tect the Bay's wetlands and to pre\ent inappropriate, piecemeal
filling of the Bay."'1 BCDC, composed of 27 members representing
Federal, State, and local governments and the general public,
regulates all dredging and filling in the Bay. It has limited
jurisdiction over substantial development within 100 feet of the
Bay as well as over proposed filling of salt ponds and other
wetlands. BCDC will approve only those developments that are
water-related and provide public access to the Bay.
Since 1969, the Commission has processed 13 major permit
applications, approving all but one. The approved projects pro-
vide two new shipping terminals and more than 2 miles of new
public access to the Bay. The project for which a permit was
denied would have endangered water quality. BCDC received
no applications for major Bay fill projects such as subdivisions
or refuse dumps—presumably because the law clearly precludes
major Bay shrinkage.
Concern for wetlands protection has led at least two States,
Arkansas and Maryland, to establish inventory systems to identify
particularly vulnerable areas. The Arkansas Actr'2 aims to pre-
serve disappearing wetlands in the eastern part of the State.
Related measures seek to save trees growing below the high
water mark in navigable streams rl and to bring the use and
disposition of islands formed in such streams under State and
local control."'1
Maryland's inventory program is part of a broader scheme
of wetlands protection. The Wetlands Act of 1970 directs the
Secretary of the Department of Natural Resources to inventory
all private wetlands and to establish their boundaries.55 The
Act also requires a license for dredging or filling and for remov-
ing or otherwise altering or polluting private wetlands.
After studying the State's long winding coast, Florida's Coastal
Coordinating Council, an advisory board, has recommended pro-
tective /ones for marshes, mangrove areas, beaches, and other
environmentally vulnerable terrain. Certain State-owned estu-
arine areas are already protected through a system of aquatic
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2720 LEGAL COMPILATION—GENERAL
preserves/1'1 The State recently added five new preserves, bringing
the total to 31.
In June 1971, Delaware enacted a far-reaching Coastal Zoning
Act prohibiting new heavy industrial development and strictly
regulating all other new industrial development within a 1- to
6-mile strip along the 100-mile Delaware Bay coast and along
the State's 25-mile Atlantic coast.'57 The law flatly prohibits
additional oil refineries and petrochemical complexes, basic steel
manufacturing plants, pulp paper mills, and offshore bulk fa-
cilities. It cites garment factories, auto assembly plants, and
jewelry and leather goods factories as industries that may con-
tinue to locate in the coastal /one, but only by permit. The
Delaware law embodies a clear-cut decision to preserve for rec-
reation and tourism—and to reject as a site for major industry
—a large area uniquely suited by geography for either purpose.
By banning offshore transfer facilities, the State bars the use of
Delaware Bay as a major deep water port tor supertankers and
other large bulk carriers. The law describes transfer facilities as
representing a "significant danger of pollution to the Coastal
Zone" and as magnets for new, unwanted development and
growth.
Although most "area control" land use initiatives have in-
volved coastal wetlands, land-locked Colorado in 1971 called on
its State Land Use Commission to define "critical conservation
and recreation areas" and recommend them to the legislature
for State regulation."'s Various environmental characteristics,
such as ecological vulnerability and scenic quality, qualify Colo-
rado lands to be considered areas for State regulation.
An increasing number of States is becoming concerned about
prime agricultural land near urban areas that is rapidly being
taken over by housing, industrial, and other development. This
concern springs from the desire to prevent urban sprawl and to
preserve urban area open space as well as from the desire to
preserve prime agricultural lands. New York recently enacted
a law that permits the State after 3 years to zone up to 3 million
of the State's 5 million acres of farmland into agricultural dis-
tricts that will be protected from incompatible development.™
This law goes beyond the preferential assessment laws in a
number of States which permit farmers voluntarily to enroll
their land as agricultural in order to obtain property tax assess-
ment based on its agricultural value rather than on its often
much higher development value. Such laws, often designed to
mitigate the economic pressure on farmers to sell land to devel-
opers, have had mixed success thus far.
restricting potentially harmful development—Certain kinds of
development may concern a State regardless of its proposed loca-
tion or the character of the land involved. The impact of some
-development is felt well beyond its immediate vicinity. A power-
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GUIDELINES AND REPORTS 2721
plant, for example, may need large volumes of cooling waters,
emit air pollutants, and require transmission line corridors. A
large airport generates problems of noise and of ground access
to the surrounding area. A large recreational area or amusement
park can clog nearby communities with heavy traffic from visitors
attracted to new surrounding commercial developments—restau-
rants, motels, or service stations.
Several States have enacted laws to control the siting of new
electric powerplants. In 1970, California established long-range
planning requirements and a certification procedure."0 Maryland
enacted legislation authori/ing the State to purchase powerplant
sites in advance of need.'11 Washington created a siting board
composed of State agency representatives,''2 and Oregon has set
rigid standards for the siting of nuclear powerplants.';'! New York
enacted controls over the location of transmission lines.64
Many areas around major airports, developed with little land
use control, are largely incompatible with the needs and func-
tions of the airport or surrounding communities. The result has
been noise complaints, ground traffic congestion, and disorderly
development. In 1969, Minnesota came to grips with the prob-
lem, implementing an Airport Zoning Act to control develop-
ment around major airports.""' The law vested in a Metropolitan
Airport Commission responsibility for planning and siting air-
ports in the Minneapolis-St. Paul area. The Commission's com-
prehensive plans for siting must be approved by a 15-member
Metropolitan Council, which has overall metropolitan planning
and development authority, before an airport can be built. The
Council also formulates guidelines lor land use around airport
sites. Local governments are required to obtain Council approval
for all land use regulations within the vicinity of the airport.
Thus, the Metropolitan Council effectively controls both selec-
tion of a new airport site and the subsequent use of land around
it, based on planning by the Commission.
One of the most innovative State land use initiatives taken in
1970 was in Vermont. Following a decade of burgeoning second-
home and ski resort development and facing the prospect of con-
tinued growth and development in the years ahead, Vermont
moved to protect its land and waters Jrom inappropriate or
excessive development.
Legislation was passed in the spring ol 1970 establishing a
State Environmental Board, an independent regulatory board
within the Agency of Environmental Conservation.'1" The Envi-
ronmental Board is charged with adopting two types of plans to
guide and coordinate development within the State: A capability
plan will describe land use capabilities and outline planning
criteria. A land use plan then will delineate two types of areas—
those generally suited tor development, subject to conditions
assuring compatibility with the environment of the area, and
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2722 LEGAL COMPILATION—GENERAL
those not appropriate for development, except under very special
cire umstances, because of their vulnerable ecological character-
istics or their special historic or scenic value.
Prior to adoption, both plans will receive wide publication.
Comments will be solicited at public hearings from citizen groups
and from planning agencies. Adoption requires approval of the
Governor and of the Veimont Legislature.
The Vermont law also establishes district commissions to grant
or deny application tor the use of sites tor development and sub-
divisions. This permit system is designed to make development
compatible with the State land use plan. For example, recogniz-
ing the vulnerability to erosion, special waste disposal problems,
delicate plant life, and beauty of its mountain areas, the Ver-
mont law requires a State permit lor all commercial, industrial,
and residential development above 2,500 feet, regardless of acre-
age or si/e. At lower elevations, permits are required for devel-
opment ol more than 10 acres, or it there is no local /oning,
developments of more than one acre. Housing projects ot less
than 10 units within a 5-mile radius arc exempt. Permit appli-
cations must include a complete plan tor the layout of the pro-
posed development, statements ot costs, financing, and purpose,
proposed utilities systems, and adjacent land uses.
Before a permit is granted, a district commission normally
holds a public hearing. It must find that the development will
not cause undue air or water pollution; that it will have an
adequate water supply without siphoning from existing systems;
tha-t it will not create heavy pressures on roads, educational
facilities, and municipal services; that it will not mar the natural
beauty of the area; and that it is consistent with land use plans.
As of April 1, 1971, district commissions had received 234
applications and acted on 177. Ten decisions had been appealed
to the Environmental Board. Five had been decided, four were
pending, and one had been withdrawn. Several appeals from
Board decisions are pending in the Vermont Supreme Court, but
none appears to challenge the validity of the statute. The Ver-
mont experience will be watched nationally as one ol the most
ambitious and sophisticated State efforts in land use regulation.
Another New England State, Maine, also acted in 1970 to
control large-scale development. Moved by the threat that de-
velopment would damage scenic and biologically important
coastal sites and realizing that Maine laws provided very little
authority over land use, the legislature passed a new Site Loca-
tion Law.'17 Certain types of commercial or industrial develop-
ment require a permit from the Environmental Improvement
Commission. They include any development on a land area
which is in excess ol 20 acres, or which involves drilling or
excavating natural resources or building structures in excess of
60,000 square feet on a single site. Residential developments
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GUIDELINES AND REPORTS 2723
which are in excess of 20 acres, or which would require a pollu-
tion permit, have been defined by the Commission as commer-
cial developments requiring permits.
The law provides that anyone proposing such development
must file a notice ot intent together with a description of the
type and location of the development. An applicant must file an
extensive informational form and request review of his proposal
by a number ot State and local agencies, including regional and
local planning bodies. When reviewing agencies recommend that
conditions be imposed, the Environmental Commission usually
complies.
The criteria for granting, denying, or conditioning permits are
similar to those in the Vermont law. They include pollution
impacts, congestion of facilities, esthetics and natural systems,
and suitability of soil. The Commission approves the application
only when the criteria are met, with the burden of proof on the
applicant.
As in the case of the Vermont law, it is too early to judge the
effectiveness of Maine's Site Location Law. Almost all of the
more than 90 final Commission decisions rendered have granted
permits subject to conditions. However, in the first major con-
troversy faced by the Commission, a proposal to construct a $150
million oil refinery on Sears Island, the permit was denied, on
environmental grounds.
facilitating desired development—Maine and Vermont's concern
over the environmental consequences of ill-planned or unregu-
lated development caused them to impose controls. Other States
have done so out of a concern that restrictive or uncoordinated
local land use regulations may interfere with desirable develop-
ment. New Jersey's regidation of the Hackensack Meadowlands
is an example.(>s New Jersey's authoiity for comprehensive plan-
ning and land use regulation in this area, which includes por-
tions of 13 municipalities and contains substantial wetlands, is
based on the State's interest in encouraging effective regional
development. It is intended that the State commission regulating
land use in the Meadowlands will prevent environmental dam-
age. But protection of the environment is not the State's primary
objective—development is. An interesting feature of this regula-
tory system is a tax-sharing mechanism to distribute proceeds
from development equitably among the area's municipalities.
Another example is the Massachusetts Zoning Appeals Law.69
It was enacted in 1970 to permit the State to override local de-
cisions that unduly restrict or exclude development of publicly
assisted housing. Because of the severe shortage of housing for
low- and moderate-income families in the Boston metropolitan
area, the Legislature established a Housing Appeals Committee.
It now rules on local decisions that deny permission to develop
housing.
-------
2724 LEGAL COMPILATION—GENERAL
Local control over land use is left intact, and local ordinances
and regulations remain in force. The statute merely superim-
poses procedures and standards when a qualified low-income
housing developer applies for a permit. If the developer can
show that a local denial or condition was not "reasonable and
consistent with local needs," the Housing Appeals Committee
may order the permit granted.
The key element in the statutory scheme is the definition of
"consistent with local needs." Local requirements and regula-
tions are "consistent with local needs" if they are reasonable in
light of the regional need for low and moderate income housing.
The second element of the "local needs" standard aims to pro-
tect health or safety, preserve open space, promote better site
and building design, and apply regulations equally to both sub-
sidized and unsubsidized housing. The statute does not specify
the exact weight which the Committee may give to local plan-
ning objections. But the effect appears to be that the Committee
will overturn the local decision unless the proposed project
offends neutrally applied local planning standards.
As of the end of April 1971, only four appeals had reached
the Committee. Two were withdrawn and there was no final
decision on the others.
Since 1968, the State of New York has sought an end similar
to the Massachusetts Zoning Appeals Law through its State
Urban Development Corporation, which is empowered—but has
not yet acted—to override local zoning and building codes when
special housing needs exist.70 A new building code enacted in
Ohio in 1970 for factory produced housing is also designed to
facilitate the siting of desirable development.71
State laws to encourage housing development, though not
strictly environmental in the traditional sense of the term, are
important because they demonstrate how States can exercise
their authority to assure socially desirable land use that has
impact beyond the local level. However, such laws can also stir
conflicts between State and local governments. A development
socially desirable in one sense may impose costs for public services
larger than the local tax revenues that the development will
generate. Or development may be resisted because social prob-
lems are feared.
Laws curbing development for the sake of the environment
also may trigger State-local conflicts when local communities balk
at losing tax revenues that new construction would generate.
State and local development-limiting regulations often raise the
question of how far regulation may legally go before it becomes
a "taking" of property—for which compensation is constitu-
tionally required. State and local governments are wrestling with
this problem throughout the country. The fear that compensa-
tion might be required has prevented much needed regulation
-------
GUIDELINES AND REPORTS
2725
of wetlands and other natural areas. Nonetheless, States are
moving ahead, albeit slowly, to build a framework of land use
controls compatible with the need for both environmental pro-
tection and orderly growth. (For a discussion ot recent case law
developments, particularly with respect to the "taking" issue, see
Chapter 5.)
parks and natural areas
As the pace of our society continues to quicken and as crowd-
ing and congestion continue to frustrate Americans who live in
urban-suburban complexes, traditional State and local respon-
sibility for natural resource management and public recreation
becomes even more vital. Afany States and their political sub-
divisions are moving to plan and develop parklands and to iden-
tify and preserve unique natural areas.
A recently completed survey by the National Recreation and
Parks Association shows all the national statistical indicators on
State park expenditures, employment, and usage up from past
years (see Table 2).
' • '>?"S15|:*S*1 «~Wl
•
• 3?
ii«»rr -J
^ rtt/vo' !~^> * ^'^i^'O^ifiillf J*?~; ?
3,20s ti j
»* s K«;ffislxl!" •'"' •
*•*
-------
2726 LEGAL COMPILATION—GENERAL
State park agencies administer over 8.5 million acres of park-
land—nearly 1.1 million of it newly acquired in 1970. The total
spent on these lands amounted to more than $400 million in
1970, including $72 million for land acquisition, $126 million for
capital improvements, and $121 million for salaries and wages.
More than 34,000 individuals were employed by State park agen-
cies in 1970—61 percent seasonal or part time.
A significant part of this progress—especially in land acquisi-
tion—traces back to the catalytic function performed by grants-
in-aid under the State portion of the Federal Land and Water
Conservation Fund.72 Through the life of the program, fiscal year
1965 to fiscal year 1971, more than 700,000 acres have been
bought with approximately $158 million in Federal payments,
representing half the cost of each project. State, city, and county
governments obligated their fiscal year 1971 apportionment under
the program at a high rate to acquire roughly 150,000 acres for
about $38.3 million.
Grants from the Interior Department's Bureau of Outdoor
Recreation to buy special or unique areas included 239 acres
at Burton Island for the Delaware Seashore State Park; the
Federal share was $971,000. California acquired 320 acres for the
Humboldt Redwoods State Park with a $513,000 Federal share.
And Florida bought 9,219 acres of Payne's Prairie near Gaines-
ville with a Federal matching grant of $1.05 million.
Beyond the impetus of Federal grants, States have cataloged an
impressive record on their own. In Alaska, for example, citizens
approved a $2.3 million bond issue for parks, and the State
assembly established four new State parks covering a total of
more than 1 million acres. The largest of these embraces 459,000
acres. The Louisiana Legislature approved a major bond issue to
finance camping facilities and other capital improvements at four
existing State parks. The bond issue also funds development of a
detailed parks master plan.
Maryland has initiated an open space grants-in-aid program
which will provide $86 million for land acquisition and develop-
ment over the next 5 years." Maryland also recently passed
legislation granting property tax exemptions for land held by
the Nature Conservancy (see Chapter 3, Citizen Activity) pro-
vided it is ultimately intended for public ownership.74
Foreshadowing the urban focus of the President's "Legacy of
Parks" proposal, Oregon recently established its first sizable State
park within a densely populated metropolitan area—the 257-
acre Tryon Creek State Park in Portland. Spurred largely by citi-
zen initiative, the park will grow to about 600 acres. In another
innovative move, Oregon's legislature, in its 50th biennial assem-
bly, passed a measure which will free $1.3 million in State high-
way funds for bicycle and hiking trails development.75
Pennsylvania's State park system, also sensitive to the need for
-------
GUIDELINES AND REPORTS 2727
parks serving the city dweller, has one urban-oriented park under
development and several more planned. Ridley Creek State Park
is 45 minutes from downtown Philadelphia and when completed,
will serve 25,000 people a day. Although designed to preserve a
rural setting, the park will interact in many ways with a number
of urban based needs: inner city youth work projects, regular and
vocational school programs, and general programs in environ-
mental education.
Another State park in southeastern Pennsylvania—Nolde For-
est—will become an "environmental classroom." The entire
656-acre park will be managed to heighten knowledge and under-
standing of the environment.
Green River Gorge Conservation Area in the State of Wash-
ington will also be developed into an outdoor classroom. This
natural area is located 20 miles from downtown Seattle, pro-
tected from damaging encroachment by steep canyon walls. The
State Parks and Recreation Commission will acquire and de-
velop adjacent areas for access and facilities while preserving
the spectacular natural character of the gorge itself.
Many States have established scenic river and trail systems.
Among them are California, Maine, Maryland, Michigan, Min-
nesota, Ohio, and Wisconsin. In addition, Alabama, Florida,
Georgia, fowa, Louisiana, Oklahoma, Oregon, Tennessee, Vir-
ginia, and West Virginia have set up scenic river systems. Alaska,
Colorado, Massachusetts, and Washington have established scenic
trails systems.
Oregon has brought portions of the Rogue, Illinois, Owyhee,
and John Day Rivers and the entire Minam River into its scenic
river system. And the Oregon Scenic Waterways Act of 1970 76
calls for continuing studies and periodic reports to the Governor
identifying and recommending other rivers for scenic designa-
tion. Oregon prohibits construction of dams and reservoirs on
scenic rivers. It requires private or public owners to give 1 year's
notice before mining, cutting trees, or building roads or other
structures on riverfront lands.
The Michigan Natural Rivers Act of 197077 establishes a
system of wild, scenic, and recreational rivers regulated by the
State Natural Resources Commission. The Commission may di-
rect that lands along designated rivers be controlled by zoning
and may adopt /oning ordinances if the local governments fail
to do so within 1 year. Commission approval is mandatory for
bridges, roads, arid other buildings along scenic river lands.
Florida's system of wild and scenic rivers includes a network of
marked canoe trails, which have been publicized by a special
brochure.
The encouraging moves noted above reflect one aspect of the
larger surge of community concern about environmental quality
However, most States and localities need to do more than they
-------
2728 LEGAL COMPILATION—GENERAL
have to add to their park systems and to make them more
accessible to and suitable for modern urban society. There also
remains a tremendous immet challenge in protecting natural
areas for present and future generations. Unfortunately, aggres-
sive programs are difficult to initiate as competition stiffens for
funds. The situation is especially critical for municipalities. But
some States, as well, have either cut back their programs to
purchase and develop park and natural areas or soon will. The
President's "Legacy of Parks" program, if approved by the Con-
gress, would help sustain, and even quicken the pace of, State
and local park and open space purchases.
summary
Action at the State and local levels to preserve and enhance
the environment has been both varied and impressive. State and
local governments are carrying out organizational reforms, in-
creasing their enforcement activities—often with limited statu-
tory authority, increasing the funding and manpower for envi-
ronmental programs, tightening pollution control standards, and
both proposing and enacting a wide range of new legislation.
In many areas of environmental concern, a spectrum of inno-
vative approaches is being tried, while in others—such as regula-
tion of phosphates in detergents—a common formula is widely
used. There is a definite trend of increased land use regulation
by States, but the form and content of such regulation differ con-
siderably from State to State.
The many successful or promising examples of State and local
environmental action belie persistent and fundamental prob-
lems: severe fund shortages in many States and in many types of
environmental protection activities; glaring manpower deficien-
cies, often largely attributable to unattractive pay scales; and
reluctance or inability of many officials to stand up to polluters
and irresponsible land developers.
As the Federal Government develops more adequate data on
State and local activities, more precise evaluations can be made
of the extent to which these problems are being solved.
footnotes
1. Cal. Health & Safety Code §39052(a). See also irl. §§39052.5, 39101-39106.
2. 42 U.S.C. §1857f-l etseq.
3. S.745, H.R. 4152, 92nd Cong., 1st Sess. (1971).
4. Minn Stat. Ann §16.01 et seq.
5. Wis. Stat. Ann. §15.34 e,t seq.
6. 42 U.S.C.A. §§1857-185a; 49 U.S.C.A. §§1421, 1430; 50 App. U.S.C A. §456.
7. Ala. Code tit.'s, §288 el seq.
8. Administrative Code of City of New York, §892-1 0 et seq.
9. Oriental Kmileuarri Co. v. Heller. 27 N.Y.2d 212, 265 N.E. 2d 72 (1970).
-------
GUIDELINES AND REPORTS 2729
10. 42 U.S.C.A. §§1857f-l, 1857f-6a.
11. 36 Fed. Reg.'si72 (1971).
12. Mich. Stat. Ann. §9.2607.
13. 85 P.U.R.Sd 199 (111. Commerce Com. Docket No. 55149).
14. 111. Ann. Stat. ch. 111 1 /2, §1001 et seq.
15. Cal. Water Code §13000 el seq.
16. Ch. 177, [1971] N.J. Laws; H. 1086, [1971] Rhode Island Laws.
17. Colorado Water Pollution Control Commission Rules & Regulations
for Subsurface Disposal Systems.
18. Public Act No. 248, [1971] Conn. Laws; Public Act No. 71-35, [1971]
Fla. Laws; H. Bill No. 1551, [1971] Ind. Laws; Ch. 323, [1971] Me. Laws;
Ch. 896, [1971] Minn. Laws; Ass. Bill No. 6963-A, [1971] New York Laws.
19. 33 U.S.C.A. §1160.
20. N.J. Stat. Ann. §13:1D-1 et seq.
21. Ch. 264, [1970] Kansas Laws.
22. N. C. Gen. Stat. §130-166.18.
23. 42 U.S.C. §3251.
24. 42 U.S.C.A. §325(a)(2).
25. Ore. Rev. Stat. §390.805.
26. Ch. 71-36, [1971] Fla. Laws.
27. Ch. 255, [1971] North Dakota Laws.
28. Chicago Municipal Code §§ 17-1.6 to -4.21.
29. Cal. Vel. Code §23130.
30. Conn. Gen. Stats. Ann. §14-80.
31. N.Y. Veh. & Traf. Law §386.
32. Cal. Vel. Code §27160.
33. 320 F. Supp. 172 (D. Minn. 1970), appeal docketed, No. 71-1093, 8th Cir.,
February 22, 1971.
34. Dresden Nuclear Power Station, 2 E.R.C. 1302 (111. Pollution Control
Board, 1971), appeals docketed, No. 56040, 111. 1st App. Div., June 1,
1971, and No. 71-47, 111. 3d App. Div., June 2, 1971.
35. 42 U.S.C. §2011 et seq.
36. N.Y. Envir Consevv. Law §1 el seq.
37. Wash. Rev. Code Ann. §43.21A.010 et seq.
38. 111. Ann. Stat. ch. Ill 1/2, §1001 et seq.
39. Mich. Stat. Ann. §14.528(202).
40. 111. Ann. Stat. ch. Ill 1/2, §1001 et seq.
41. Id.
42. 111. Const, amend. XI, §2, effective January 1, 1972.
43. Md. \nn. Code art. 33B, §1 el seq.
44. N.Y. Pub. Auth. §1280 et seq.
45. Ohio Rev. Code Ann. §6121.01 et seq.
46. Yt. Stat \nn. lit. 10, §912a
47. Mich. Stat. Ann. §3.533.
48. Pa. Stat. Ann. tit. 35, §6001 et seq.
49. Mass. Ann. Laws ch. 130, §27A.
50. Mass. Ann. Laws ch. 130, §105.
51. Cal. Gov'l Code §66600 et seq.
52. 1971 Arkansas Act. No. 297.
53. 1971 Arkansas Act. No. 142.
54. 1971 Arkansas Act No. 297.
55. Md. Ann. Code art. 66C, §718 et seq
56. Fla. Stat. Ann. §258.17 et seq.
57. Ch. 171, Vol. 58, [1971] Delaware Acts.
58. S. Bill No. 91, [1971] Colorado Laws.
59. Ch. 479, [1971] New York Laws.
60. Cal. Pub. Util. Code §2851 el \et/
61. Md. Ann. Code art. 66C, §766.
-------
2730 LEGAL COMPILATION—GENERAL
62. Wash. Rev. Code §80.50.010.
63. Ore. Rev. Stat. 609.
64. N.Y. Pub. Serv. Law §120 ft seq.
65. Minn. Stat. Ann. §360.74.
66. Vt. Stat. Ann. tit. 10, §6021 et seq.
67. Me. Rev. Stat. Ann. tit. 38, §481 et seq.
68. N.J. Stat. Ann. §13:17-1 et seq.
69. Mass. Ann. Laws ch. 40B, §21 et seq.
70. N.Y. Unconsol. Laws §6251 et seq.
71. Ohio Rev. Code Ann. §124 21 et seq.
72. 16 U.S.C. §4601-4 et seq.
73. Md. Ann. Code art. 66C, §3578 et seq.
74. Md. Ann. Code art. 81, §9(54).
75. H. Bill No. 1700, [1971]"oregon Laws.
76. Ore. Rev. Stat. §390.805.
77. Mich Stat. Ann, §11.501 et seq.
-------
GUIDELINES AND REPORTS
2731
A* -M^'^r^V
">/> T^rOiftSfcAJA'
(In thousands of dollare)
Fiscal y**cr 1|7D Rsoal year Wa
ftm
-------
2732
LEGAL COMPILATION—GENERAL
fiSSKtjHWK—
Uft" 1971 ,
~f— *-«:«^ •%'.**& ^4% 4* JM* * «
^fc'v"-tl*^ftr =,;M : ;j«r,<» * *m: s «« •'« »
^^"^felw^W4^ :l«-:v.*i». v '* -w
%f:rr74|^Wr;:':;*S-j-4 *-, '* '5.» :. •* >* ' *"'
»4f :'t-- '"'4 -' ** ^» "'-'• >'« '" ^=t ' sr"" -!f >' '-IS '"' t ? 1 '
«;A,t;.|p *-tt* - * ;,m '-•<*•'-» » , *,
• ,::ii-itv;,-. «r ;\ « ,, ,# '•-,» \ ^' . * • >"
i*-iXv'- j'^^JF^i-tijtet «h«M *MH<*P* ''
fH-T-. w
,«•-•» <• - »• »t, i*
- - ».-'v". '' • 41* -i" -
••>•.,:••• :-v;'3f':-,;
c«i**-'
-------
GUIDELINES AND REPORTS
2733
-------
2734
LEGAL COMPILATION—GENERAL
'' -'"••* "'-''' ';'
Jr*Lir*ift— P,J^-^F>- j«f»J^.»J*. J .
-------
GUIDELINES AND REPORTS
2735
-------
2736 LEGAL COMPILATION—GENERAL
the past year-
private activity
Government can only do so much. The rest is up to the private
sector. Our system leaves a lot to its citizens, encouraging them
to seek reform directly instead of always turning to government.
And even the most stringent regulation of industry will not alone
succeed in moving it to meet its social and legal obligations.
This chapter provides a perspective on—and some examples
of—actions by both citizens and industry on behalf of a higher
quality environment.
industry action
Industry moves the Nation, but while doing so, generates a
large share of its total wastes—hence its pollution. Industrial
sources account for an estimated one-third of total air pollution
from the five major pollutants—sulfur oxides, nitrogen oxides,
hydrocarbons, particulates, and carbon monoxide—and for three-
fourths of stationary source emissions, which include the most
damaging air pollutants.
Industrial operations also heavily pollute the Nation's waters.
Manufacturing facilities discharged in 1964, the latest estimate
available, wastes with a biochemical oxygen demand (BOD) four
to five times larger than that of the entire population of the
United States. BOD is a measure of the oxygen needed to de-
-------
GUIDELINES AND REPORTS 2737
compose organic wastes. Estimates for 1970, based on American
Water Works Association data, show that industry uses 10 times
more water than municipal systems. And the ratio is rising.
Industrial pollution is generally more toxic than municipal
pollution. Heavy metals such as mercury and cadmium, arsenic,
organic chemical compounds, and other toxic wastes come to our
waterways largely from industrial operations.
Industry also generates a large percentage of the Nation's non-
agricultural and nonmineral solid wastes. Compared with the
250 million tons of solid waste from residential, commercial, and
institutional sources in 1969, industry generated 110 million tons.
Industrial wastes often are much more toxic and difficult to dis-
pose of than the mixed wastes of municipalities.
Large-scale reduction in the levels of the most serious pollut-
ants requires an effective and sustained effort by industry. This
means not only installing pollution control equipment and other
facilities, but developing new technology. It often means major
changes in management policies.
innovating with technology
Industrial innovation in manufacturing and marketing has
made the United States a world leader in technology and ma-
terial well-being. But industry now must also use its innovative
capabilities to solve pollution problems. For some municipal and
industrial pollutants, control technology has yet to be developed.
Similarly, advanced technology is needed to reach levels of con-
trol not yet achievable for some common pollutants.
A number of technological innovations by industry have al-
ready contributed dramatically to our present ability to cope
with pollution or soon may do so. The electrostatic precipitator,
developed years ago, has made possible virtual elimination of all
fly ash and dust emissions from fuel-burning facilities. The Mon-
santo Co., a large chemical producer, has recently developed a
catalytic oxidation process—now being demonstrated at an elec-
tric power plant—to remove sulfur oxides from stack gases. Gen-
eral Electric is developing a radically new design for cooling
towers that are used to dissipate waterborne waste heat. Its low
velocity plume could prevent the localized fog that surrounds
most cooling towers.
Pulp and paper mills historically have been major sources of
water pollution. St. Regis Paper Co. is pioneering a closed system
for water recycling. Black liquor, normally a harmful waste by-
product of paper production, is converted into activated carbon,
which is then used to filter wastes out of the paper mill's water
effluent. The filtered effluent water is clean enough to be recycled
and reused by the mill.
Many firms have undertaken complex research and develop-
-------
2738 LEGAL COMPILATION—GENERAL
ment to provide new solid waste recycling technology. Garret
Research & Development, a subsidiary of Occidental Petroleum,
is developing a coal liquification process and is experimenting
with the same equipment to recycle solid wastes. The potential
end products will be saleable metals, low-sulfur heating oil, and
a char which may be useful for waste water treatment. Several
firms are experimenting with pyrolysis, a form of incineration, as
a means for solid waste disposal without air pollution problems.
Despite progress, much remains to be done. Technology to con-
trol sulfur oxides and nitrogen oxides emissions is not yet com-
mercially proven. Better technology must be developed to control
heavy metals and other toxic substances, many of which only
recently have become measurable in the minute quantities in
which they exist in the environment. And technology still must
be developed to achieve further reductions in automotive emis-
sions. To conserve scarce natural resources and to protect the
environment at the same time will require not only new tech-
nology but new marketing breakthroughs in solid waste recy-
cling.
Yet in some industries the commitments are still relatively
small. Expenditures for all types of research and development
by the electric utility industry, which accounts for a large share
of several of our most damaging pollutants, were only $41 million
in 1969. That is less than one-quarter of 1 percent of their annual
revenues and about 60 percent of their annual advertising
expenditures. Yet new technology that will be needed by the
power industry—sulfur oxides control equipment, the breeder
reactor, and underground transmission lines—will cost billions
of dollars to perfect. Although the Federal Government and
electric utility suppliers are spending large sums of money, it
will be necessary for the electric utility industry to provide
greater support in the future. On the other hand, the electric
power industry is significantly stepping up expenditures for
presently available emission control equipment and facilities.
The research and development that is necessary throughout in-
dustry will require large expenditures. Table 1 lists one estimate
of industrial research and development spending for 1970 and of
planned expenditures for 1971. The average planned increase of
25 percent indicates a growing commitment by industry.
use of existing technology
Although control of some pollutants awaits new technology,
many pollutants could be curbed drastically by more widespread
use of current technology. The Environmental Protection
Agency (EPA) estimates that if the best presently available tech-
nology were applied to all existing sources of paniculate emis-
sions, they would drop by 95 percent.
-------
GUIDELINES AND REPORTS
2739
Table 1
to****
iron and steel
Nonferroiis metafs
and communicationii
Aerospace
,-JMj^*^
0$"*»i»K ^ , , „
Fabricated metals and ordinance
Stone, clay and glass ...',
' **fc?6^8^iBM«te6«* • '••' '.'
Food and kindred products ,
Oth.r manufacturlng
^^w ^^^^^^^^W^^P1 iW^iiS*^?-^-^'^ ^y "* **
NoBm»nufacturina
AlUndustry
Sourm; HcSfaw-HiU
The level of industrial spending for pollution control facilities,
compared with estimates of needs, is a good measure of industry's
progress in meeting pollution control standards. Unfortunately,
estimates of both needs and actual expenditures are difficult to
obtain. One problem lies in separating expenditures devoted to
pollution control from those made for process changes that in-
crease productivity. Also, varying cost estimating practices (par-
ticularly with respect to inclusion of operating costs), varying
estimates of the rate of return on pollution control investments,
diverse interpretations of standards, and varying estimates of the
costs of control all make reconciliation of different data difficult.
Table 2, from figures by McGraw-Hill, estimates total industrial
expenditures for air and water pollution control in 1969 and
1970 and planned investments for 1971.
The estimates in Table 2 show a 50 percent increase in expen-
-------
2740
LEGAL COMPILATION—GENERAL
ditures between 1969 and 1970 and project a 46 percent increase
1971. A study by the National Industrial Conference Board
in
(NICE), based on a smaller number of industries and a selected
sample of firms, shows a 24 percent growth rate. If the McGraw-
Hill estimate of 1971 spending is accurate, there is reason for
encouragement.
EPA estimates a need for capital investment by manufacturers
-------
GUIDELINES AND REPORTS 2741
in waste water treatment facilities of $3.1 billion over 4 years to
clean up their operations. Almost $ 1 billion must be spent for
capital replacement in the same period. Hence, even without
inflation, investment by manufacturers for waste treatment
should average close to $1 billion a year.
Table 3 puts total investment by manufacturers for water pol-
lution control in 1970 at $870 million. If expenditures increase
as projected in Table 2, it appears that industry will meet EPA's
estimates of needed investment levels.
Total air pollution control investments were estimated by
McGraw-Hill at $1.3 billion for 1970 (see Table 3). In Chapter
4 of this report, CEQ estimates needed industry investment
between 1970 and 1975 of approximately $8 billion, or an aver-
age of $1.33 billion a year. Although current spending is slightly
below the estimated average rate necessary to meet standards,
expected increases should bridge this gap.
Another way of looking at progress is to compare industry's
estimates of spending with its own estimates of needs, as shown
in the McGraw-Hill survey. Industry estimates of needs are based
on total investment needed to meet air and water pollution
standards in effect as of January 1, 1971. Table 4 indicates these
estimates compared to expenditures.
If industry expenditures continued at 1970 levels, it would take
more than 7 years, on the average, to meet present air and water
pollution standards. If industry spends what it says it will in
1971 and continues at that level, it will take only 5 years. How-
ever, both averages understate the time that may be necessary for
some industries. And they overstate it for others. For instance, if
the iron and steel and nonferrous metals industries do not sub-
stantially lift their investment levels, it will take them 12.6 and
10.8 years respectively to meet standards at 1971 spending levels.
On the other hand, the textiles industry will only require a little
over 3 years to meet its needs at 1971 levels of spending.
Estimates of need and of expenditures for pollution control
are sufficiently imprecise that no specific conclusions can be
drawn from them. However, two general conclusions seem war-
ranted. First, industrial expenditures appear to have risen dra-
matically in the last year, and increases in 1971 should be large.
Second, however, even higher rates of spending will be required
by some industries—if they expect to meet the standards estab-
lished under current air and water pollution control laws.
management's commitment
Management commitment is clearly a critical factor in abating
pollution and enhancing the environment. Consideration of en-
vironmental quality can and should be built into decisionmaking
processes by industry—whether it be in siting a plant, investing
-------
2742
LEGAL COMPILATION—GENERAL
JEHh&ft^&iliiUHESKjL.' rfbL.£.fM» *i_*^4 AbtLM^Ls4 ^ >*vi .-CrrM5* »*,
in abatement facilities, or participating in community environ-
ment programs.
Advance environmental impact analysis may be one answer,
especially for major actions such as plant sitings and heavy equip-
ment purchases. Industrial impact analysis could follow the
model spelled out in section 102 of the National Environmental
-------
GUIDELINES AND REPORTS
2743
Policy Act (see Appendix A) which is applicable to proposed Fed-
eral agency actions. Such a procedure would help firms consci-
ously to consider the environmental impact of their plans. It
could be structured to include valuable input from government
agencies and community groups before plans were adopted.
Dow Chemical Co. has already adopted the advance analysis
-------
2744 LEGAL COMPILATION—GENERAL
concept in part with its internal clearance system for new chemi-
cals developed by its research laboratories. The aim is to guaran-
tee the environmental safety of such chemicals before their com-
mercial production and introduction into the environment. The
procedure is similar in concept to the one spelled out in the
Administration's proposed Toxic Substance Control Act of 1971
(see Chapter 1). That Act would call for extensive testing before
production to reduce the likelihood of unanticipated environ-
mental problems.
Actions by Climax Molybdenum Co., a-subsidiary of American
Metals Climax, indicate the potential of management and envi-
ronmental citizen groups working together instead of opposing
each other. Several years before the new Henderson molybdenum
mine was to begin operations in the Rocky Mountain area west
of Denver, company engineers and officials started meeting regu-
larly with representatives from the Colorado Open Space Coun-
cil. Company engineers accepted the challenge of finding new
methods by which the ore could be mined and a mill operated
with minimal harm to a spectacular scenic area heavily used by
tourists. As a result of these conferences, Climax Molybdenum
agreed on a number of measures, the most significant (and costly)
being the construction of a 9-mile tunnel and rail line under
the Continental Divide to transport the ore to a processing mill
location away from a scenic highway and valuable fishing streams.
The Georgia-Pacific Corp. has put in scrubbing equipment
to remove airborne gypsum dust in one of its plants. A system
has been devised to collect the dust for recycling into wallboard.
Whatever gypsum dust remains will be forced through a water
spray into abandoned gypsum mine tunnels, eventually to ac-
cumulate in sufficient quantities to be remined.
Like the government, industrial management needs to reorga-
nize to cope with the environment. Some companies already
have done so. A study by the National Industrial Conference
Board shows that 51 percent of 174 companies with heavy waste
loads—including chemicals, utilities, food products, pulp and
paper, mining, and petroleum—have reorganized to give in-
creased emphasis to pollution control. Some have set up separate
corporate units or assigned these activities to specific parts of the
organization. General Motors Corp., for example, named a Vice
President for environmental activities. The other 49 percent of
the companies studied have not yet established separate corpo-
rate units to deal with pollution control. Among executives who
do hold environmental responsibilities, only about 30 percent
are charged with advance review of designs and plans. Yet with-
out such pre-analysis, unwise decisions may be hard to prevent.
A recent Fortune magazine study shows the degree to which
top management of the largest 500 companies participate in
either communitywide or industrywide antipollution programs:
-------
GUIDELINES AND REPORTS 2745
69 percent said they participated in such programs, 26 percent
said they did not participate at all, and 5 percent were uncertain
of their participation.
activities of service industries
Some service industries are pushing programs to spur faster
pollution control by manufacturers. Such prodding from within
the private sector—thus far quite limited—may prove a valuable
adjunct to voluntary efforts and Government regulation.
For a small firm, getting capital for antipollution equipment
may be a problem. The First National Bank in St. Louis has set
up a $5 million fund to help companies finance control equip-
ment. The fund will be augmented by the sale of special savings
certificates. Chemical Bank in New York City loans money at
prime rates to apartment house owners to purchase equipment
to cut down emissions from trash incinerators and heating units.
The Insurance Co. of North America has adopted a new policy
that excludes insurance for claims that arise from continuous
sources of pollution. Without such coverage, emitters can no
longer protect themselves against suits for willful pollution.
collective industrial activities
A number of forums are springing up now through which
industrial firms can conduct joint projects, discuss common prob-
lems, and advise the Government. The largest of these is the
National Industrial Pollution Control Council (NIPCC). Associ-
ated with the Department of Commerce, it advises the President
and the Council on Environmental Quality of industry efforts
to reduce pollution. NIPCC has submitted a list of commitments
to the President and has issued a variety of publications on indus-
trial pollution control problems.
Industry-Government cooperation has been underway at the
Federal level for many years in air and water pollution control
research and demonstration. And it has had positive results.
Industry cooperation with other levels of government has been
less common, but is potentially very productive. For example,
Westinghouse Corp.'s Meter Division is making its air pollution
monitoring data available to the State of North Carolina. The
Meter Division also has offered its technical expertise to help
the State establish a statewide monitoring network.
Firms in the bottling, canning, and container industries have
established the National Center for Solid Waste Disposal. Begin-
ning with contributions of $900,000 for the first year, the Center
is planning a number of studies of solid waste disposal problems.
Two firms—Bethlehem Steel Corp. and Electronic Memories
& Magnetics Corp.—have jointly turned one industry's pollution
-------
2746 LEGAL COMPILATION—GENERAL
into another's valuable resource. Pickle liquor, a waste byproduct
of steel production in a Bethlehem Steel plant, is now being
used by Electronic Memories & Magnetics Corp. in the manu-
facture of its ferrities and ceramic magnetic products.
Trade associations have conducted joint research to reduce oil
spills and to curb pollution from pulp and paper plants and
from electric power generation. The Beet Sugar Development
Foundation and EPA are jointly funding a closed-loop waste
water recycling system to remove most of the BOD and sus-
pended solids generated in a vegetable processing operation. The
leftover sludge is being used to reclaim arid lands.
Collective industrial activities in environmental research and
development are proving useful in some cases. They often per-
mit economies of scale and a valuable pooling of diverse talents.
Care must be taken, however, to insure that the desire to achieve
these benefits does not exclude or remove the incentives for inno-
vation by small firms, backroom inventors, and firms seeking to
apply expertise in one segment of industry to the problems of
another. In general, competition among a number of firms
generates the best incentive to innovate and develop new tech-
nology.
citizen action
The American public became aware of its environment last
year as never before. The environment has become a major
national issue—a concern of Americans in all walks of life. It is
impossible to predict what the staying power of citizen interest
in the environment will be, but there are some hints.
Public opinion polls rate environmental quality as a top
domestic concern. Bond issues for environmental improvement
did extremely well at the polls in the fall of 1970. The Nation's
environmental and conservation organizations are growing at
rapid rates. Local groups, often dealing with a single issue, spring
up daily. Environmental groups have entered political campaigns
—endorsing candidates with good environmental credentials—
and have influenced ballot box decisions. And citizens increas-
ingly are turning to the courts for redress of environmental
degradation. "Public interest" law firms are challenging in the
courts major decisions of government and forcing industries to
take cleanup actions.
environmental organizations
At the present time, best estimates show over 3,100 environ-
mental organizations in the United States. A survey for the 1971
White House Conference on Youth identified approximately
2,500 local groups. This figure does not include civic, church, or
-------
GUIDELINES AND REPORTS
2747
school groups or local chapters of national organizations. The
1971 Conservation Directory of the National Wildlife Federation
lists over 250 national and regional and nearly 400 State environ-
mental groups. The combined efforts of all these organizations
have had an important influence on environmental improvement.
local groups—The variety in size, level of activity, and range of
interest of local environmental groups make it impossible to
generalize about their efforts and their impacts. However, the
survey prepared for the White House Conference on Youth
showed them most often pursuing citizen action and public
information activities, with legislative and law enforcement
activities not far behind. Water pollution led the list of specific
problem areas, followed by solid wastes, air pollution, land use,
and conservation of natural areas.
Local groups often form to concentrate on a single project—
in many cases to save a particular area from ruin or degradation
by pollution, construction projects, or poorly planned develop-
ment. The examples of successful action by local groups during
the past year are far too numerous to mention, but they have
included challenges to such projects as a refinery in Maine, a
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-------
2748 LEGAL COMPILATION—GENERAL
shopping center in California, a dam on the Delaware River, a
road through a forest in North Carolina, a hydroelectric facility
in Wisconsin, a strip mine in Arizona, a new community in
Illinois, and a nuclear power plant in Michigan. The primary
objective of most of the groups was not to stop the project, but
rather to assure that it was properly planned, adequately de-
signed, and the alternative with least harm to the environment.
Sometimes the work of a local group reaches far beyond the
local area. Such was the case with two groups in Michigan. The
Michigan Steelhead and Salmon Fishermen's Association and
Thermal Environment Must Be Protected, together with the
Sierra Club and the Lake Michigan Federation, challenged
issuance of an operating permit by the Atomic Energy Commis-
sion for a nuclear powerplant near South Haven, Mich. They
reached a detailed agreement with Consumers Power Company
on the handling of thermal discharges and radioactive wastes
destined for already polluted Lake Michigan. The agreement
states that the license will include the new specifications as a
condition for operating the plant.
The efforts of environmental groups have not always led to
confrontation or legal action, as the foregoing example illus-
trates. Often the weight of public opinion is sufficient to bring
voluntary changes. Citizens in Bordentown, N.J., for example,
became concerned about the red dust filtering across the Dela-
ware River from United States Steel's Fairless Works in Penn-
sylvania. They organized, publicized the problem, and discussed
it with plant officials. The result was accelerated installation
of emission control equipment and clean air over Bordentown
for the first time in many years.
Many local groups are outgrowths of the citizen activity which
grew up around Earth Day, 1970. For example, after Earth
Day, the Environmental Action Coalition (EAC) in New York
began a recycling program called "Trash is Cash." EAC helps
community groups establish collection programs, process scrap
materials, transport them to local markets, and sell them. Re-
cycled materials include newspapers, bottles, and cans. Eleven
recycling centers are now operating with EAC support. EAC
recognizes that these efforts have only minimal impact on New
York's solid waste problems but believes there are side benefits
in increased environmental and consumer awareness and more
community pride and identity.
Concern for the problems of the urban environment and par-
ticularly those of the inner city has served as the focus for a
growing number of local citizen groups. Some of these are long
established environmental improvement activities that have
gained new support from city dwellers. An example is Youth for
Service, a 12-year-old San Francisco agency. It combines work
training and beautification programs, offering inner city youth
-------
GUIDELINES AND REPORTS 2749
job training and work in building neighborhood parks at the
same time. The program has built four minipark playgrounds
on former trash dumps and has stimulated similar efforts in
other cities.
national organizations—Combined membership in the five larg-
est national environmental organizations—the National Wildlife
Federation, the National Audubon Society, the Sierra Club, the
Izaak Walton League of America, and the Wilderness Society—
jumped by almost 33 percent during the year ending June 1,
1971. From 1.2 million, the membership went up to 1.6 million.
But the swelling of membership rolls does not fully reflect the
stepup in activity.
The activities of national groups now embrace new areas
which previously received relatively little attention. Chief among
them are expanding programs to examine international and
urban environment problems. The National Wildlife Federation
launched a new periodical on the international environment
which now has a subscription circulation of 300,000. The Con-
servation Foundation began a series of studies and symposia on
problems shared by both traditional conservationists and those
concerned with inner city problems. Young Adults for Resources
and the Environment, a task force established by the Izaak Wal-
ton League, has used community workshops in the inner city to
discuss the problems of that environment.
Other groups, with more limited membership and more
specialized expertise, also expanded activities. The Nature Con-
servancy, which seeks to preserve environmentally critical areas
by purchasing or receiving land donations, doubled its acquisi-
tions in 1970 over the previous year—to 86,000 acres. Much of
this acreage was acquired to prevent intensive development and
eventually will be sold or turned over to public bodies that were
unable to act in time to save the lands. Critically important wet-
lands, including some key parcels surrounding San Francisco Bay,
accounted for 16,000 of the acres. A series of barrier islands and
salt marshes off the coast of Virginia that were in danger of
being lost to ocean front development added 11,000 acres. Nearly
half of all the land received by the Conservancy was donated.
joint action—Cooperative efforts of national environmental or-
ganizations to achieve common goals also picked up speed in the
last year. In the past, when public support was minimal and pub-
lic interest growing slowly, many of the organizations operated
independently. But recently these groups have shown an in-
creased ability to marshall forces and work together toward
shared objectives.
The growing momentum ot cooperative action achieved one
of its first major victories in 1969 when over 40 conservation and
other groups joined in the Citizen's Crusade for Clean Water.
They successfully urged the Congress to appropriate more funds
-------
2750 LEGAL COMPILATION—GENERAL
than had been budgeted for construction of sewage treatment
facilities. The next year, a combine of environmental organiza-
tions helped to secure enactment of the Clean Air Act Amend-
ments of 1970 (see Chapter 1). That effort showed that environ-
mental groups could generate influential nationwide support at
the local level to pass major national legislation. During the past
year, environmental groups joined in oppostion to further ap-
propriations for the supersonic transport. Environment, however,
was only one factor involved in congressional disapproval of the
SST appropriation. Environmental groups have also banded to-
gether on a number of diverse issues such as the Cross-Florida
Barge Canal and the development of power facilities in the
Southwest. Increasingly, their efforts rely not only on publicity
but also on continual contact with elected officials, especially by
local chapters of the national organizations.
Most recently, seven major conservation organizations formed
the Coalition to Tax Pollution. The Coalition, which is inviting
other organizations to join with it, will provide information to
citizen leaders and push for enactment of a sulfur oxides emis-
sion charge.
Conservation groups are focusing more and more on how to
win objectives by cooperating on an individual project basis. For
example, the Nature Conservancy, which has funds to purchase
environmentally critical areas that are endangered, has worked
with other conservation groups which have the expertise to
identify such areas and to determine their ecological value. Part
of the unique Four Hole Swamp in South Carolina was spared
from timber cutting by the Conservancy acting in concert with
the National Audubon Society. The Conservancy also acted
jointly on programs with the Izaak Walton League and with
Trout Unlimited.
Environmental groups often have successfully joined to take
legal action. Most of the litigation described in Chapter 5 repre-
sents suits brought by two or more environmental groups, often
combining the resources of national groups and the firsthand
know-how of local groups.
professional and scientific groups
Professional and scientific societies have taken unprecedented
actions during the past year to bring their expertise to bear on
environmental problems and to make their scientific and pro-
fessional views available to the public and to decisionmakers.
During the past year there has been a series of meetings to
accomplish this, such as the First National Biological Congress,
held in November 1970, with the theme of "Man and Environ-
ment." Sponsored by the American Institute of Biological Sci-
ences and the Federation of American Societies for Experimental
-------
GUIDELINES AND REPORTS 2751
Biology, it brought together the public, scientists from many
biological disciplines, and legislators.
Many societies have established active programs to study
specific environmental problems in their area of expertise in
order to provide basic information needed for policy guidance.
The American Fisheries Society, for example, has more than 35
committees studying water quality, endangered species, chemicals
in fish, and similar issues. The Wildlife Society has groups that
have dealt with subjects such as stream alteration programs, per-
sistent pesticides, animal control programs, and sport hunting.
legal action
Much of the news about progress on environmental fronts
in the past year has been tied to court action. Citizens and
environmental groups across the country have turned to legal
action as a remedy. Often they have been supported by expert
testimony from biologists, urban planners, and other profes-
sionals who donate their time to study the technical aspects of
the issue and appear before the court. Often litigation has been
handled by lawyers specializing in raising issues related to en-
vironmental protection or other areas of the public interest.
"Public interest" law is the name applied in recent years to
legal practice accenting such issues as civil rights, rights of the
poor, consumer protection, and environmental protection. A
few of the larger national environmental organizations have
small legal staffs. Often, however, environmental organizations
and private citizens with environmental concerns have relied
on public interest lawyers supported by contributions and foun-
dation grants. In the fall of 1970, the Internal Revenue Service
issued guidelines confirming the tax-free status of contributions
to nonprofit organizations pursuing public interest litigation.
Buttressing the efforts of public interest law firms, many private
attorneys and law firms have donated time on environmental
litigation, and law students at a number of schools have pro-
vided support for the attorneys.
Besides their court actions and appearances before pollution
control regulatory bodies in specific cases, public interest lawyers
have launched an even broader legal effort that is likely to
change the way in which government agencies view their environ-
mental responsibilities. Through innovative legal procedures,
lawyers have injected the policy of the National Environmental
Policy Act into the proceedings of many Federal agencies, where
consideration of the environment had at first not appeared very
important—-among them the Federal Communications Commis-
sion, the Federal Trade Commission, and the Securities and Ex-
change Commission. They have also sought to oversee all rule-
making proceedings related to execution of the Clean Air Act
-------
2752 LEGAL COMPILATION—GENERAL
Amendments of 1970 and the Refuse Act permit program. This
type of action will help to assure that administrative decisions
important to environmental protection are fully aired and tested
under the National Environmental Policy Act and other rele-
vant laws.
the elections
Environmental issues ran a gamut of tests at the polls last year.
Measured by dollar volume, 90 percent of all sewer and water
bond issues passed, compared to only 60 percent for all bond
issues. Voters in four States alone—California, Illinois, Oregon,
and Wisconsin—approved $1.3 billion in State bonds for pollu-
tion control facilities. The only major environmental referenda
to lose were the proposal to permit use of State gasoline tax
revenues for mass transit in California and the proposal to ban
nonreturnable beverage containers in Washington. The defeats
followed intensive public relations campaigns by oil and auto
interests in California and beverage and container interests in
Washington.
Environmental quality also surfaced as an issue in election
campaigns for public office last fall. Records and positions of
candidates on environmental quality were important in a num-
ber of campaigns. The League of Conservation Voters endorsed
20 candidates and supported them with funds; 16 won. Environ-
mental Action opposed 12 incumbent Congressmen; seven lost.
Although it is difficult to attribute specific defeats and victories
entirely to a candidate's stand on environmental issues, it ap-
pears that in some cases it was decisive. Clearly, a candidate's
stand on important environmental issues can become a distinct
asset or liability.
civic groups
Most Americans involved in improving the environment last
year were neither active members of any environmental organi-
zation nor content merely to vote for pollution control bond
issues and environment-oriented candidates on election day. In-
stead, the most widespread citizen involvement in environmental
issues was through long-standing community groups, clubs, and
other local organizations. Schools and college campuses often
served as staging grounds.
Many important social and civic groups turned their attention
to environmental issues. The League of Women Voters, Lions
Club, Kiwanis Club, and other groups across the country
launched cleanup projects and conservation programs.
Sometimes the effort was national in scope. The General Fed-
eration of Womens Clubs, with 10 million members, has chosen
-------
GUIDELINES AND REPORTS 2753
"A Better Environment" as its theme ior the next 2 years. On
June 5, 1971, 3i/£ million Americans, under the auspices of the
Boy Scouts of America and in league with industry's antilitter
effort—Keep America Beautiful—conducted what was probably
the largest 1-day litter cleanup project in history. The League
of Women Voters has been active in environmental activities for
years—at both the State and National levels.
These and many other civic groups have found answers to the
question that puzzled many individuals only a year ago: "What
can I do?" Many people have translated a simple idea into a
major effort to solve an environmental problem. For instance:
—A scientist in a small Maryland suburb worked after hours
with schoolchildren to mount a communitywide campaign
to pass the first municipal ordinance in the Nation banning
nonreturnable beer and softdrink containers. The campaign
succeeded, although the ordinance is being challenged in
court.
—Two women talking at a party in Washington, D.C., invited
five friends to join them in forming Concern, Incorporated.
The organization has mailed out more than 400,000 copies
of ECO-TIPS, a housewife's guide to environmental buying,
and has answered more than 90,000 unsolicited letters and
inquiries.
—A biology teacher in Lewes, Del., conducted a door-to-door
campaign with his students to save nearby beaches from pol-
lution and development. His efforts wrought major changes.
Planned sewage and industrial facilities were relocated. And
some of the few remaining natural dunes along the Atlantic
coast were saved. The State government has since adopted
the strongest coastal land use legislation in the country.
—Two young university professors spent their summer sam-
pling the polluted waters in the Pittsburgh area from a
canoe. The evidence they collected was used by a U.S. attor-
ney to prosecute a number of companies for pollution. The
first conviction was handed down in June 1971. It was the
first Refuse Act conviction based on citizen-supplied in-
formation.
—An airline captain defied threats to his job and refused to
jettison accumulated flight fuel from his aircraft. His act
has pressured the airlines to take steps to stop the procedure.
These few examples are dramatic evidence of the effectiveness
of citizen—sometimes only single citizen—activity. Throughout
the Nation, people are working together to solve the environ-
mental problems that face their communities:
—Ecology centers are now operating in many cities. They are
focal points for environmental education and a place for
concerned citizens to meet.
-------
2754 LEGAL COMPILATION—GENERAL
—Recycling centers have been established in many cities, often
with the support of container manufacturers.
—Many citizens have organized to identify polluters and to
monitor land development activities. Pollution factfinding
tours and photo contests have worked well.
—Litter cleanup efforts have cleared roadsides, parks, and
beaches of bottles, cans, paper, and tires.
—Stockholders are challenging the environmental practices of
major corporations by letter and at shareholders' meetings.
summary
American industry's progress in meeting environmental qual-
ity standards is difficult to pinpoint because of limited data and
disparities in the scope of different industry expenditure analyses.
However, a comparison of available information on industry's
past, current, and planned expenditures for pollution control
shows a steady increase. The extent to which investment levels
must rise to meet pollution control goals set for the mid 1970's
is not yet clear, in part because estimates of needs are also im-
precise. Some firms have organized to deal with pollution prob-
lems, although a recent study indicates that only half of the
pollution-intensive industries have done so. The extent to which
pollution control and other environmental enhancement activi-
ties become part of conducting business—as part of organization,
policies, and cost decisions—will be a significant measure of the
Nation's ability to achieve a high quality environment.
The American citizen is becoming better informed on the
major issues of pollution, recycling, land use, and other environ-
mental matters. His variety of activity is considerable—and grow-
ing. He is lobbying legislators, enforcing environmental stand-
ards in court, and swaying elections on the basis of environmental
issues.
As he becomes more knowledgeable about the impact of the
action of public bodies and private interests, the citizen will par-
ticipate with still more success in the political processes that are
essential to upgrading environmental policy and quality.
The private sector remains the key arena for environmental
improvement. The stimulus for such improvement must come
from the citizen. His approval must be won for necessary public
expenditures, such as those for sewage treatment. Much of the
ultimate responsibility for action—to meet pollution control
standards and to take the environment into account in a wide
variety of decisions that will affect it—falls upon individuals and
firms in the private sector.
-------
GUIDELINES AND REPORTS
2755
-------
2756 LEGAL COMPILATION—GENERAL
the economy and
the environment
Environmental problems in large measure are rooted in the
way the economy operates. In turn, efforts to maintain and en-
hance the quality of our surroundings impact on the economy.
The economy and the environment do not, as some believe, pre-
sent polar choices. But it is clear that adjustments in the economy
will be needed if a higher quality environment is to be achieved.
the environmental demand
The size and productivity of the U.S. economy are well known.
A rich endowment of natural resources, high rates of investment
in technology and education, a large influx of skilled immigrants,
and a fortunate political and economic history have all combined
to yield a responsive economy and unequaled levels of material
wealth.
American business and industry have responded to the chang-
ing demand of American consumers, and new technological de-
velopments have induced an ever widening array of goods and
services. Although inequities remain, the fruits of this impressive
productivity have been widely shared to yield a higher standard
of living for more and more Americans.
In earlier years, scarce capital was combined with bountiful
natural resources to serve a growing population with a full range
of product choices. As consumer demands changed—here and
-------
GUIDELINES AND REPORTS 2757
abroad—the economy, by and large, kept pace. Old products con-
tinually gave way to new—just as old methods yielded to new
ones. Production of buggywhips ceased as horseless carriages
rolled into the economy and the public found it could afford
them. The water wheels that powered early industries bowed out
to the steam engine, which then bowed out to electricity—fired
first by coal, oil and gas, and now by nuclear energy.
Increasing demand for environmental quality and cleaner sur-
roundings signals the need for still further changes in the econ-
omy. Along with material goods, the American public is placing
a higher priority on the quality of its natural surroundings. Pro-
tection of natural biological communities; preservation of scen-
ery; clean water and air; relief from noise, congestion, and mo-
notonous city-scapes; as well as open space for active outdoor
recreation have all taken on new importance. Support springs
not only from the human concern for health but also from the
growing desire to live, work, and play in more pleasant sur-
roundings—the exclusive province of a small minority in the
past. These changing desires stem from deeply rooted changes in
economic and social factors which, rather than diminishing, show
every indication of becoming more pervasive. More and more the
notion that massive degradation of the environment is an essen-
tial ingredient for achieving higher levels of economic production
is being sharply rejected.
Paralleling the pace of demands for esthetic enhancement is the
finite capacity of the environment to absorb waste products with-
out damaging the environment. The basic principles of phys-
ics dictate that all materials used in the productive and con-
sumptive activities of the economy must eventually be returned
to the environment. With low levels of economic activity and a
sparse population, wastes could be assimilated with only minor
damage to the environment. That is no longer the case. The ca-
pacity of rivers, lakes, and the atmosphere to absorb current
waste loads is severely taxed. And pollution has, in many cases,
reached intolerable levels.
The physical, chemical, and biological quality of the air, water,
and the land have been altered on a massive scale. The immense
increases in industrial production, energy conversion, and the
flow of materials from nature through production and consump-
tion processes are making enormous demands on the environ-
ment. Although these environmental insults are not all of recent
origin, we are now more able to detect and describe even small
changes in natural systems.
Exotic materials are entering the environment in much greater
quantities. New chemical substances are confronting the world's
biological systems with materials which may prove to be hazard-
ous to certain organisms, including man. Many of these materials
are now found in unexpected quantities in various life forms.
-------
2758 LEGAL COMPILATION—GENERAL
posing possible threats to the stability of whole food chains. The
general public is just beginning to appreciate the persistence of
some substances and their concentration in the food chain.
The sudden emergence of mercury as a menace is another
reason for increased public concern about the environment.
Public reaction has predictably and legitimately demanded higher
margins of safety in disposing of materials into the environment,
much as it has demanded improved food and drug procedures.
Burden of proof requirements are shifting as people realize that
they are unwilling victims of actions that affect their health and
well-being and yet are beyond their control.
The American economy is now increasingly faced with chang-
ing values, which call for changes in resource commitments.
These changes make a pleasing and healthful environment more
prized and call for a greater use of resources directed to that end.
national economic growth
Historically, growth of the economy has yielded an unprece-
dented output of goods and services. Like others, however,
Americans have chosen to take a part of the rewards of higher
productivity in the form of more leisure time. The average work-
week has fallen from about 60 hours in 1900 to less than 40 hours
in 1970. This increased leisure time, as well as the rising tide of
goods and services, have been the fruit of our increased produc-
tivity.
The economy, as traditionally measured by the market value
of goods and services produced (the gross national product) will
no doubt continue to grow. But greater attention to the environ-
ment will result in taking more of the increases in productivity
in the form of enhanced environmental quality.
Traditional accounting of national income measures the
market value of goods and services produced by the economy.
These valuations were never intended to measure total economic
welfare. The most that can be said is that a higher level of meas-
ured output is associated with what most feel to be a higher level
of material well-being.
Environmental values are not easily reflected in our usual ac-
counting systems. Many production and consumption activities
degrade the environment—polluting, for instance, air or water.
As people prefer cleaner air and water, the degradation becomes
a real cost that is not subtracted from the previously calculated
value of national output. Measures of output, then, often over-
state the real value of additional production when environmental
costs are ignored. Conversely, when uncounted enhancement of
the environment accompanies production, the value of total out-
put is understated.
-------
GUIDELINES AND REPORTS 2759
economic incentives and the environment
Consumption and production patterns have vastly changed
over the last decade. For example, the production of synthetic
organic chemicals, containers and packaging, and electronics has
grown rapidly while other industries have not grown or even
declined. These fluctuating production patterns have been shaped
by consumer demand. Demands, in turn, are shaped in large part
by the prices of products. When the full production costs are in-
cluded in the prices of final products, the market allocates re-
sources efficiently. If, however, all costs are not included—for ex-
ample, the costs to society of environmental degradation—then
the resulting prices of the products are too low. When products
are underpriced, consumption of them is higher than it would
be if all costs were included. Consequently, compared with
other products, too many resources are devoted to their produc-
tion. To the extent that the costs of preventing undesirable envi-
ronmental impacts are not reflected in the price of goods and
services, the market fails to allocate resources efficiently, and too
much waste is produced.
The common property resources—air and water—do not fully
enter into the market exchange. They are progressively degraded
because they are used as free "dumps" for consumption and pro-
duction residuals. But such dumping, in fact, exacts positive
social costs. It comes at a high price to society—in degraded air
and water, impaired health, loss of fish and wildlife, loss of rec-
reational opportunities and esthetic values, and added costs of
treatment necessary for downstream water users. Yet these social
costs are not to be found in the credit and debit ledgers of dis-
chargers.
Excessive pollution and degradation of the environment are
thereby encouraged. Indeed, little else should seriously be ex-
pected. Environmental problems stem largely from this funda-
mental failure of the economic system to take account of envi-
ronmental costs.
The lack of incentives to promote products and processes com-
patible with a better environment is illustrated in the continued
boom of noisy compressors and jackhammers used in construction.
A quieter compressor can reduce noise levels to about 1 percent of
their present intensity, but its price would increase by about 10
to 15 percent. The noise persists because there is little or no in-
centive to purchase the more expensive but quieter equipment.
Electric power is another example of the lack of financial in-
centives resulting in environmental damage. The prices of elec-
tricity to the industrial, commercial, and household consumer do
not fully reflect the great damages to the environment—all the
way from extraction, through transportation, production, and
final transmission to the consumer. If the environmental control
-------
2760 LEGAL COMPILATION—GENERAL
costs of electric power were included in the price of electricity,
marginal uses would be discouraged and less damage would be
done to the environment.
The problem of the market's failure to give adequate weight
to environmental values is often seriously compounded by a
range of unrelated public actions. A case in point is the recycling
of scrap metals. A greater amount of scrap would be used in the
production of metal if certain economic policies did not act as
impediments. The 15 percent tax depletion allowance gives vir-
gin material a price advantage over reused metal. Similarly, the
average freight differential of over $2 per ton for common hauls
distinctly discriminates against scrap metal. For whatever rea-
sons they were adopted, such policies discourage recycling.
The Nation's agricultural policies, at least in their present
form, often encourage farmers to use excessive amounts of pesti-
cides and fertilizers—some of which may result in damage to the
environment—in order to produce higher yields on restricted
acreage. Water resource projects, often the subject of intense
environmental dispute, are encouraged by policies that make
them available at little or no cost to the user. These cost-sharing
arrangements and current evaluation procedures often encourage
overly capital intensive solutions to water resources problems.
Such public policies are examples of inadvertent institutional
incentives that abet environmental deterioration.
Similarly, the way costs are assessed for municipal water and
sewer services imposes added costs on center city users, under-
charges new expansion into surrounding areas, and underprices
treatment costs to industrial users. These practices generate ex-
cessive industrial loads; fail to discourage peak use; fail to pro-
vide money for financing future treatment facilities; and, to some
extent, spur urban sprawl.
Local property taxes are also levied in ways which have a
direct, and often detrimental, impact on land use patterns and
the quality of the environment. Heavy taxation of buildings and
other improvements relative to land, for example, encourages
inefficient land use. Such practices encourage development away
from center cities and thus encourage suburban sprawl and the
"bombed out" look of many areas in the central city.
burden of cost responsibility
Property rights do not extend to the right of individuals and
firms to pollute air and water. No one has a license to befoul the
amenities and property rights of others. Because no one owns
the environment—rather, the public does—there is little to sug-
gest that the public is liable for costs of maintaining its quality.
In fact, it can be argued that environmental degradation from
private activity represents a taking of public property.
Courts distinguish between reasonable Government restrictions
-------
GUIDELINES AND REPORTS 2761
on the use of land and appropriation of land for public use.
Restricting use of a site by requiring pollution abatement has
not called for the compensation guaranteed by the Constitution
for the taking of private property for public use. In the case of
pollution restrictions, the public acquires nothing for which just
compensation need be made.
In practical application, the courts tend to make distinctions
on the extent of the loss in value sustained as a result of the
implementation of regulations. If such regulations leave the
properties with significant value, seldom is a taking ruled. When
the uses are severely restricted and the values largely eroded as
a result, compensation is more often ordered. In practice, the
degree of damage necessary for a ruling of taking is an uncertain
variable. Courts are clearly ruling that property rights do not
extend to rights to continue polluting activities, and the responsi-
bility for undertaking cleaner operations lies with the waste
discharger.
damages from pollution
Present levels of pollution and environmental degradation
result in costs to society in the form of increased health services,
lost productivity, and direct damage to crops, materials, and
other property. The loss of scenic values and recreational areas,
destruction of valuable ecological systems, and the loss of pleasant
surroundings do not enter the traditional economic calculus
directly, but they are no less economic costs.
Any accounting of direct damage attributable to pollution is
rudimentary at best. The evidence is not always clear cut, and
research on many environmental effects is only now beginning.
Further, most estimates are limited to a specific location or to a
single level or type of pollution. Synergistic and cumulative, long-
term effects of pollution on human health and wildlife are
virtually impossible to gauge at this time. Further, minute
changes, such as increases in carbon dioxide, could have pro-
found impacts on world climate. Even if the relevant data were
available, it would be difficult to place a dollar value on these
impacts.
damages from air pollution
Though the total economic impact is still unclear, the costs
of damages attributable to the major air pollutants—sulfur
oxides, particulates, photochemical oxidants, carbon monoxide,
and nitrogen oxides—have been estimated. The impacts from
other pollutants have not been quantified, but effects on health,
materials, and other receptors have been identified, as shown in
Table 1. The damage estimates due to the major pollutants are
-------
2762
LEGAL COMPILATION—GENERAL
admittedly crude and at this stage, can only approximate the
real costs of air pollution. In general, only direct monetary
costs associated with air pollution damages to human health,
materials, and vegetation and to property devaluations have
been estimated. Even these studies rely heavily on judgment.
Not yet available are data on esthetic costs, visibility, odor,
soiled clothing, dirty homes, and the like. Yet these costs stir
much of the public resentment to air pollution.
Scientific evidence on what air pollution does to human health
is far from complete. Serious air pollution episodes have demon-
strated how air pollution can severely impair health. Further
research is spawning a growing body of evidence which indicates
-------
GUIDELINES AND REPORTS
2763
that even the long-term effects of exposure to low concentrations
of pollutants can damage health and cause chronic disease and
premature death, especially for the most vulnerable—the aged
and those already suffering from respiratory diseases. Major ill-
nesses linked to air pollution include emphysema, bronchitis,
asthma, and lung cancer.
Data from 1963 suggest that a 50 percent reduction in air
pollution existing in major urban areas at that time would
lower the costs of damage to health by $2.08 billion in a single
year. A breakdown by the types of disease responsible is shown
in Figure 1 below.
The Environmental Protection Agency (EPA) estimates that
the economic cost of human mortality and morbidity Irom all
air pollution is in the neighborhood of $6 billion annually.
However, these estimated health costs relate only to medical care
and work loss. If the costs of discomfort, frustration, and anxiety
were included, these estimates would be greatly increased.
Vegetation and materials damage have also been assessed. Air
Figure 1
Health Costs of Air Pollution
-------
2764 LEGAL COMPILATION—GENERAL
pollution corrodes and damages materials and stunts and kills
trees, plants, and crops. The direct costs of air pollution on both
materials and vegetation are estimated at $4.9 billion annually.
A study of property values suggests that prices are sensitive to
pollution levels. Averaging the effect of increased pollution on
property values in a number of cities, EPA estimates lowered
nationwide values of property from air pollution at $5.2 billion
annually.
The annual toll of air pollution on health, vegetation, mate-
rials, and property values has been estimated by EPA at more
than $16 billion annually—over $80 for each person in the
United States. In all probability, the estimates of cost will be
even higher when the impact on esthetic and other values are
calculated, when the cost of discomfort from illness is considered,
and when damage can be more precisely traced to pollutants.
Also, the estimates may increase as more is known about the dam-
ages of long-term exposure to very low levels of any one pollutant
or many in combination. It must be emphasized, however, that
these cost estimates only crudely approximate the damages from
air pollution.
damages from water pollution
The costs of water pollution damage are even less well docu-
mented than the costs of air pollution. The prices that industries
and water users pay for treating polluted water for use, although
relatively small, are measurable in dollars. Further, there are
clear economic losses in contaminated fish and in lost fishery
resources. Costs of lost amenities and recreational opportunities
are less tangible but are no less real economic costs.
The losses of ocean and coastal fisheries and shellfish produc-
tion by pollution of estuarine areas are substantial. Over one-fifth
of the Nation's shellfish beds have been closed because of pollu-
tion. Before 1935, between 100,000 and 300,000 pounds of soft
shell crabs were commercially harvested annually in San Fran-
cisco Bay. The industry is virtually nonexistent today, largely
because of pollution. Similarly, the annual commercial harvest
of shrimp from coastal areas dropped from over 6.3 million
pounds before 1936 to only 10,000 pounds in 1965.
Increased salinity, due chiefly to man's use of water for irriga-
tion, imposes costs on other users. Housewives must use more
detergents in order to overcome water hardness. Industries must
treat or dilute river water in order to meet boiler feed or cooling
water requirements. Farmers may suffer decreased yields because
of water salinity. The total of these damages in the Lower
Colorado River Basin and Southern California Water Service
area was estimated at $16 million annually in 1970. With the
expected growth in these regions and the expected increase in
-------
GUIDELINES AND REPORTS 2765
salinity, these damages are estimated to climb to $28 million
annually in 1980, and to over $50 million by 2010.
The value of cleaner water for recreation alone is roughly
indicated by the results of a 1966 study of water quality in the
Delaware estuary. Water degradation causes an estimated loss in
the present value of recreational opportunities of up to $350
million. This estimate suggests that water pollution may cause
recreational losses extending into many billions of dollars nation-
wide.
The possibility of large recreational losses is supported by
recent studies of the value of outdoor recreational opportunities
in a series of California reservoirs, where water quality permitted
a range of recreational activities. Annual benefits from water
sports ranged up to over $2 million per lake—values that would
be lost with the level of deterioration that is now found in many
of the Nation's water bodies. The rapidly increasing demands
for recreation and scenic amenities will raise the value of losses
from pollution.
other environmental damages
Costs of many other forms of pollution have not even been
approximated. Esthetic losses are very difficult to quantify. Litter
in parks and along roads and rivers and abandoned automo-
biles—rusty derelicts cluttering the landscape—seriously degrade
the environment. Some uses of land also take their toll estheti-
cally. The 300,000 miles of transmission lines that traverse the
countryside occupy nearly 4 million acres of right-of-way and
visually affect millions of additional acres. Three million acres
of land have been surface mined, of which only one-third has
been partially reclaimed. Another 8 million acres are over under-
ground mines and subject to cave-ins. These 11 million acres
also contribute large quantities of sediment and acid mine drain-
age to adjacent waterways.
The esthetic and health damages associated with noise pollu-
tion, trash-filled alleys, urban congestion, and lack of open space
are not priced. But to many citizens they are painfully evident
costs of environmental degradation.
costs of pollution control
Estimating current and prospective costs to meet environ-
mental objectives is a hazardous exercise. The limited data avail-
able generally cover only air pollution control, water pollution
control, and solid waste management expenditures. Further, even
for air and water pollution, the costs of controlling all pollutants
or all sources have not been estimated. And some of the data are
based not on recent studies but on individual case studies and on
-------
2766 LEGAL COMPILATION—GENERAL
engineering estimates of data compiled from a variety of sources.
Some estimates are drawn from questionnaires, which may in-
clude a disproportionate number of respondents facing high
pollution control costs, so there may be some bias in the results.
Moreover, the basic assumptions in the cost studies vary widely.
Byproduct revenues, estimated equipment life, allocation of
process change costs between pollution control and increased
productive capacity, and numerous other factors are not dealt
with uniformly. Costs are based primarily on treatment costs,
with inadequate attention given to likely alternative methods
of achieving abatement—such as process changes, improved plant
management, and recycling. At best, regional variations in stand-
ards and discharge requirements can only be approximated. Also,
as new laws are passed, additional pollutants will be regulated,
and more rigorous abatement requirements will be applied to
currently controlled pollutants. As with the cost of damages,
cost estimates for abatement are but rudimentary. In all prob-
ability, they underestimate the actual expenses to be incurred—
probably substantially.
The cost estimates in this section cover air and water pollution
control and solid waste management. The data presented in
Table 2 are largely derived from the 1971 editions of the Cost of
Clean Water and The Economics of Clean Air, reports submitted
to the Congress by the Environmental Protection Agency. These
data vary from the more detailed information in the appendix
to this chapter. For example, they are consistently calculated on
the basis of 1970 dollars instead of 1967 dollars. Water pollution
control figures are extended beyond 1974. Air pollution control
figures are extrapolated nationwide from the 298 regions evalu-
ated in The Economics of Clean Air, and a 4 percent per year
cost rise is added to the solid wastes estimates to account for his-
toric increases in waste generation.
Data for water pollution control expenditures are primarily
for municipal and industrial waste treatment. Data on such "non-
point" sources as agricultural runoff and acid mine drainage are
considerably less reliable. The municipal, or public, costs are
usually incurred for collecting, transporting, and treating domes-
tic sewage. Industrial waste treatment costs are primarily incurred
by manufacturing activities, although thermal pollution control
by the electric power industry is also included. Together they
represent most of the private sector water pollution control costs.
Most air pollution control costs have been incurred to reduce
particulates and automobile pollutants. The standards resulting
from amendments to the Clean Air Act will soon require major
additional spending to control sulfur oxides, nitrogen oxides,
carbon monoxide, hydrocarbons, oxidants, and selected toxic sub-
stances, such as beryllium or mercury—as well as particulates.
Unlike expenditures for water pollution, public expenditures
-------
GUIDELINES AND REPORTS 2767
by State and local governments for air pollution control are pri-
marily for planning, enforcement, and monitoring rather than
for facilities to reduce waste discharges. Municipal incinerators
and public buildings are the major areas of direct public costs—
sources which are small in the aggregate.
Significant expenditures will be required by the private sector
to control both stationary and mobile sources of air pollution.
Most air pollution from stationary sources is generated by fuel
combustion in power plants, industries, and homes and by indus-
trial processing. The major mobile source of air pollution is the
automobile, but trucks, buses, motorcycles, and airplanes also
pollute the air.
Costs for solid waste management cover collection and disposal
of residential, commercial, institutional, and industrial wastes.
Part is spent to collect and transport solid wastes to disposal sites;
part is to operate the sites—landfills and incinerators. Although
Federal funds finance research and development, demonstration
grants, and personnel training, local governments will shoulder
most of the public burden for collection and disposal of solid
wastes. Private collection and disposal costs for handling munici-
pal wastes are also a significant part of the total. Further, industry
incurs substantial costs to transport and dispose of its own wastes
—usually separate from municipal operations.
Most available estimates, regardless of media, are for either
construction investment or annual operation and maintenance of
facilities. The total expenditures for a given facility include the
capital investment costs, the interest paid on such capital, and
the operation and maintenance costs over its lifetime. The annual
depreciation—each year's share of the total capital investment—
interest and operation and maintenance costs are usually denoted
as annualized costs. Hence, three measures exist for cost esti-
mates: total capital investment, annual operation and mainte-
nance costs, and annualized costs.
Table 2 summarizes the costs of air and water pollution con-
trol and solid waste management for 1970, 1975, and for the
6-year period. Limitations of the data are explained more fully in
the appendix of this chapter.
If standards are met on schedule, total annualized costs of pol-
lution control in 1975 will increase approximately 97 percent
over 1970. Annual investment will more than double. These
cost increases from 1970-75 vary greatly by type of medium. Air
pollution annualized costs will increase 840 percent, water pollu-
tion control 87 percent, and solid waste management 37 percent
(see Figure 2).
Total spending required for the major sources of environ-
mental pollution between 1970 and 1975 is estimated at about
$105 billion—23 percent for air pollution control, 36 percent for
water pollution control, and 41 percent for solid waste manage-
ment. Figure 3 summarizes their relative contributions.
-------
2768
LEGAL COMPILATION—GENERAL
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When comparing these expenditures, a number of important
factors must be considered. For instance, the solid waste estimate
greatly overstates the costs required for meeting higher standards
of environmental quality. The overwhelming bulk of those costs
is for collection of wastes, a service traditionally provided in
urban areas. Thus, the costs of meeting air and water pollution
standards are only $62 billion, or 59 percent of the total costs.
-------
GUIDELINES AND REPORTS
2769
Figure 2
uai CeMKftrtjft
5™ - '•"' '
Air
0.5
Water
3.1
Solid Waste
1970
1978
'•'_'"•'j Source: Based on Environmental Protection Agency datt.
-------
2770
Figure 3
LEGAL COMPILATION—GENERAL
Cumulative Expenditures for
Air, Water, and Solid Waste Pollution Control, 1970-75
The timing of spending is another important factor. Water
quality standards have existed for several years; hence, to meet
the standards, expenditures will be spread more evenly over the
1970-76 period. For air pollution, however, implementation
plans to meet the Clean Air Act standards are currently only
under development, and the stringent new automotive emission
standards will not be applicable until 1975. Hence major costs
will occur later, especially in 1975 and 1976. Therefore, the rela-
tive importance of air pollution costs would increase appreciably
if the period used were to extend beyond 1975.
It is also important to consider the possible addition of expen-
ditures for controlling combined sewer overflows. Sewers that
carry both sanitary and storm wastes quickly fill in a rainstorm.
When that occurs, sewage treatment plants cannot handle the
overload, and raw sewage, including what has accumulated in the
pipes, is often dumped directly into rivers and lakes. The high
-------
GUIDELINES AND REPORTS 2771
bacteria count of these overflows impairs water quality and pre-
vents water-based recreation.
Although overflows from combined sewers are an important
source of pollution, there is need for new comprehensive ap-
proaches and technology that are generally only in the early stages
of development. The costs of corrective actions appear very high.
For example, the American Public Works Association calculates
that it will cost between $15 billion and $48 billion to remedy
overflows from combined sewers. The $15 billion figure would
cover a variety of alternatives short of complete separation, while
the $48 billion would finance complete separation of combined
sewers—$30 billion in public costs and $18 billion in private
costs. These latter costs do not include the massive disruption
that would occur in major U.S. cities from tearing up streets to
accomplish such separation.
The impact of costs upon the public and private sectors differs
among the pollution media. Under 25 percent of the total solid
waste expenditures fall directly on the private industrial sector.
The largest share is borne either by the public sector or directly
by individuals. For air and water pollution control, it is a differ-
ent story (see Figure 4). Almost two-thirds of the water pollution
costs will be paid by the public sector while almost all of the air
pollution costs will be paid by the private sector.
The estimates in Table 2, based chiefly on EPA data, may be
compared with data obtained from other sources. The limited
number of independent cost estimates and comparisons differ in
the number of pollutants or emitters covered as well as in other
basic assumptions. Using data from the National Industrial Con-
ference Board (NICE), the International Research and Technol-
ogy Corporation (IRT), and the Center for Political Research
(CPR), however, some comparisons of estimates of 1970 invest-
ments, 1975 annual costs, and total costs to meet standards are
possible.
The estimates of current environmental spending in Table 2
may be compared with surveys by McGraw-Hill and the National
Industrial Conference Board. Although based on a large sample,
the figures may be somewhat overstated because industries with
high costs are more often inclined to respond to a questionnaire.
Moreover, investments serving both abatement and increased pro-
ductivity are often charged by industry to abatement alone. The
NICE estimates were based on a smaller sampling of firms and
did not include all of the industries surveyed by McGraw-Hill.
The NICE study, when extrapolated by the same procedure used
by McGraw-Hill, indicates investments of about 14 percent less
on the average than the McGraw-Hill figures for the same indus-
trial categories. Table 3 compares the 1969 estimated national
expenditures for those industries covered by both surveys. For
1970, McGraw-Hill calculated manufacturing and electric utility
-------
2772
Figure 4
LEGAL COMPILATION—GENERAL
Cumulative Public and Private Expenditures for
Air and Water Pollution Control, 1970-75
investments in air and water pollution control at $2.1 billion.
If the NICE and McGraw-Hill data bore the same relative rela-
tionships in 1970 as in 1969, the NICE estimate would be $1.9
billion. This compares with $1.8 billion in Table 2.
There are a number of estimates of projected industrial pol-
lution control costs from which to make comparisons. The
McGraw-Hill study indicated that industry estimated a need for
an additional $18.2 billion in expenditures to meet air and water
quality standards in existence as of January 1, 1971. By contrast,
the estimates in Table 2 show an additional investment of $13.3
billion by 1975, 27 percent below the estimates indicated in
the McGraw-Hill survey.
Comparisons of estimated 1975 annual costs are difficult be-
cause of widely differing assumptions on the course of events
over the next 5 years. IRT has estimated annual expenditures
for 1975, assuming that 1970 Clean Air Act standards are met.
-------
GUIDELINES AND REPORTS
2773
/ ^ ^. -•
,
' %
Iron
Its figures also assume secondary treatment or its equivalent for
municipal and industrial effluents and adequate landfill and
incinerator disposal of solid wastes. Industrial costs are based on
process engineering cost estimates. The IRT figures, different
from those in Table 2, are contrasted in Table 4. IRT's air
pollution control costs are quite close to CEQ's. The water
-" - /.'.-,l~ " .-• v",id*4«*if'
• - -"••'•-; •"---."- ;r|:-*-W'i.>i:«*|i€'|i%^""
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-------
2774
LEGAL COMPILATION—GENERAL
pollution estimates are almost identical, but the solid waste man-
agement estimates by IRT are much lower.
Cumulative costs for the 1970 through 1975 period may be con-
trasted with similar estimates by a private research firm, the
Center for Political Research (CPR). It puts total expenditures
for air and water pollution control and solid waste management
at $84.5 billion for the 1971-1975 period. As in the case of the
CEQ estimates, CPR used sketchy but available data and was
aware of numerous exceptions and omissions. Nonetheless, its
estimates are consistent with the CEQ estimates, which cover an
additional year and slightly different activities. If the CPR data
were increased by 20 percent to reflect the additional year of ex-
penditures, it would be about $101 billion—similar to the CEQ
total estimate. The comparison is summarized in Table 5.
As mentioned earlier, estimating the costs of attaining environ-
mental quality is hazardous. For example, the industry estimates
are for separate control of pollutants discharged in each medium
(air, water, and land), ignoring their interdependence. The extent
to which control of air pollutants adds to the burden of dis-
charges dumped into water or adds to increased costs of solid
waste disposal has not been taken into account. As control pro-
grams are accelerated in each medium, it is likely that extra costs
will surface in the other media that were previously not expected.
The estimates for abatement are, to a large extent, based on
waste treatment alone. However, as industries face abatement
requirements, they will choose to achieve them by a combina-
tion of process changes and improved plant management as well
as treatment. This will result in significant economies over treat-
ment alone, but these economies are not generally reflected in the
cost estimates.
On the other hand, increased costs, upgraded standards, new
pollutants covered by standards, and other factors will doubtless
raise the total costs of attaining higher levels of environmental
-------
GUIDELINES AND REPORTS 2775
quality. Moreover, the estimates do not include such environ-
mental expenses as the costs of noise control, reclamation of strip
and underground mines, and control of agricultural pollution.
On balance, the costs of environmental control—including just
the controls over air and water pollution and solid wastes—are
understated, probably significantly.
costs and benefits
Increasing quantities of waste discharge bring about increas-
ing environmental costs in the form of losses of amenities or
damages to health and welfare. While too little is known about
the values that should be attached to a cleaner environment,
cleaner air and water are clearly preferable to lesser degrees of
purity. Losses of simple amenities are a cost, but these generally
increase rapidly as degradation reaches levels that are thought
to be directly damaging to health. Different values are associated
with different levels of quality attainment. Added increments of
quality add value to the total.
Costs of curbing the amount of discharged wastes vary at differ-
ent levels of abatement. Usually the higher the proportion of
waste discharge that is curtailed, the greater the cost of abate-
ment per unit withheld. For example, in beet sugar plants, it
costs less than $1 a pound to reduce BOD—a measure of the
oxygen required to decompose organic wastes—up to 30 percent.
But it costs an additional $20 for a one pound reduction at the
65 percent control level and an added $60 for a one pound re-
duction when over 95 percent control is achieved. These in-
cremental cost increases are shown in Figure 5.
Rapidly rising incremental costs also hold true for controlling
air pollution in a metropolitan area. Attaining low levels of con-
trol is relatively inexpensive but become more costly as higher
levels of abatement are attained. A 1969 study of the greater
Kansas City area indicated the additional costs to reach different
levels of control of particulates and sulfur oxides. To reduce sul-
fur oxides and particulates 5 percent and 22 percent, respectively,
would cost $50,000. To reduce these levels by 42 and 66 percent,
respectively, would cost $7.5 million. However, to reduce sulfur
oxides by only 6 percent more and particulates 3 percent more
would triple the costs to over $26 million.
Decisions on attaining different levels of environmental quality
need to take into account the benefits to be attained and the
costs to be incurred. When the expected gains are large relative
to the costs, it is clearly in our interest to move forward in clean-
ing up the environment. And such improvement should, of
course, continue as long as the perceived added gains of attain-
-------
2776 LEGAL COMPILATION—GENERAL
Figure 5
Incremental Costs of Reducing BOD Content of Lime,
Flume, and Condenser Water Wastes from 2,700-Ton-
Per-Day Beet Sugar Plant
$100
Pounds BOD-0
40
30 —
20
10
5,000 10,000 15,000 20,000 25,000 30,000
BOD removal -0 10 20 30 40 50 60 70 80 90 100
percent
Source: Lof, G.O.G., and Kneese, A. V.
ing each higher level of environmental quality exceed the ex-
pected costs.
Our ability to precisely assess these added benefits is severely
-------
GUIDELINES AND REPORTS 2777
limited. Although cost control estimation is somewhat more pre-
cise, we are only beginning to relate the necessary cost increases
to different levels of environmental quality. Moreover, we can-
not specify the degree to which individuals value avoiding envi-
ronmental damages and especially how they value averting risks
of uncertain environmental costs.
Decisions on levels of environmental quality are collective
judgments increasingly made more explicit through the estab-
lishment of standards. Setting these standards implies evaluation
or accounting of the added benefits and costs of higher levels of
quality, with account taken of inherent uncertainties and risks.
In the case of the setting of air quality standards, evidence
exists—although very rudimentary—that the benefits of higher
levels of abatement clearly exceed expected costs. The annual
damages from air pollution in 1968 have been estimated at about
$16 billion. To reduce the bulk of these damages is estimated to
result in an annualized cost of $4.7 billion by 1975. Thus, even
when comparing 1968 benefits with 1975 annualized control
costs, the identified benefits are over three times the costs.
Care is necessary in interpreting such analyses. The data on
both costs and benefits are far from precise, and some pollutants
are much more harmful than others. Moreover, these aggregate
values are not complete guides on the benefits and costs of spe-
cific actions and desirable specific levels of control.
A study of the Delaware estuary illustrates how more detailed
information can provide guidance for collective judgments on
desired levels of environmental quality. That study estimated
recreational benefits from $120 to $280 million for a level of
water quality that would cost $65 to $140 million to achieve.
Somewhat higher expenditures of $85 to $155 million would
have yielded benefits of $130 to $310 million, while an even
higher expenditure of $215 to $315 million would have yielded
benefits of $140 to $320 million. The higher levels of water
quality necessitated much higher levels of control costs com-
pared to increased benefits. Although these calculations are ad-
mittedly crude and do not reflect all values and perceptions of
risk, they did provide useful information upon which collective
judgments were made on water quality levels for the Delaware.
Besides the overall issue of comparative benefits and costs of
attaining different levels of quality, there are possibilities to
achieve the same benefits at greatly differing costs, depending on
how standards are attained. A number of analyses indicate wide
variations in costs of achieving a given quality level. For exam-
ple, the Kansas City data show that it is much cheaper to reduce
air pollution the most where it costs the least than to try to cut
it proportionately at every source. A proportionate reduction at
each emission source would cost $16 million a year to decrease
ambient paniculate concentrations in Kansas City from 184 to
-------
2778 LEGAL COMPILATION—GENERAL
89 micrograms per cubic meter. But it would cost only $7.5
million—less than one-half of that—to get slightly better results
with a cutback that took full advantage of the variable costs of
abatement.
The Delaware Estuary study also shows that it costs less to
achieve the same results by avoiding uniform treatment and
using a least cost solution instead. The study indicates that a dis-
solved oxygen level of at least 3 parts per million would cost
about twice as much with uniform treatment as a least-cost solu-
tion. The latter would demand large waste load reductions from
firms with low abtatement costs and smaller reductions from
firms with higher costs. To achieve a dissolved oxygen level of
close to 4 parts per million in nearly all reaches of the estuary—
approaching the standard actually adopted—the extra costs of
equal reductions will be only about 50 percent greater than for
an optimum solution. As standards are established at more strin-
gent levels, the cost disadvantages of equal reductions are less,
because most sources would require large waste load reductions.
However, this analysis of the remaining cost difference at higher
abatement levels understates the remaining advantage to the
extent that no major processes or plant changes were taken into
account even though such adjustments would be more efficient.
The cost advantages of optimum economic solutions are indeed
substantial, and they indicate the priority that further research
deserves. Also, these cost consequences point to the need for
developing economic incentives, discussed later in this chapter,
that help achieve more efficient solutions.
impacts of costs on the economy
Protecting the environment and reducing the harmful effects
of pollution will not be without adjustments. Some firms and
activities will find it difficult to accommodate to new rules. A
few may well find it impossible. To deny that there will be tran-
sistional problems, including temporary loss of jobs, would be to
deny that any major shift of resources can be accomplished with-
out some dislocation and some turmoil.
This section discusses the impacts of pollution control costs on
national growth, industries, firms, employment, consumers and
taxpayers, and international trade.
impact on gnp and growth
Spending $105 billion between 1970 and 1975 may seem mas-
sive. But compared with the gross national product (GNP) and
with capital investments, this amount assumes a different perspec-
tive. Annualized costs of environmental cleanup for 1970 were
estimated at about $9.3 billion—about 0.9 percent of the 1970
-------
GUIDELINES AND REPORTS 2779
GNP of $1 trillion. In 1975, annualized costs are estimated at
$18.3 billion, or about 1.4 percent of the estimated 1975 GNP
of $1.3 trillion. The cumulative environmental expenditure of
$105 billion during the 6-year period—a much larger amount
than the sum of annual costs because total investment rather than
depreciation is included—is still only 1.6 percent of the cumula-
tive GNP of approximately $6.7 trillion. However, as discussed
earlier, only 59 percent, or $62 billion, of these costs are for
meeting air and water quality standards; the rest are for solid
waste disposal. Using only the estimates for meeting air and
water quality standards, the annualized costs are 0.4 percent of
1970 GNP and 0.8 percent of the estimated GNP in 1975, and
cumulative expenditures are 0.9 percent of the estimated total
GNP over the 6-year period.
Measuring pollution control investments as a proportion of
total capital investments is another way to gauge their relative
impact. In 1970, nationwide investments in nonresidential struc-
tures and equipment were $103 billion. Only $3.3 billion of it
was for environmental facilities. By 1975, total investment of
$7.4 billion is estimated for environment control facilities.
Without motor vehicle control devices, this investment would
be $4.5 billion. Total pollution control investment was 3 percent
of total capital investment in 1970. Even at 1975 levels of control
investment, it would be 7 percent of 1970 capital investment and
would be a considerably smaller percent of actual investments in
1975. The percentage would be even smaller if the costs of auto-
mobile emission control devices were excluded.
But size comparisons aside, what will be the impact of these
environmental costs on total GNP and on economic growth?
Their biggest impact will be to change the composition of output
rather than the total value of the national product. As more
resources are used for improving the environment, fewer final
goods and services will be produced than otherwise. In this
sense, tradeoffs will need to be made between environmental
values and what has come to be regarded as traditional economic
output. As heavier commitments are made to saving the environ-
ment, fewer other things will be produced, although an absolute
decline is neither necessary nor likely.
The effect of diverting funds to environmental controls is
to raise prices for those goods that require such controls. When
total GNP is corrected for such price increases, the measured out-
put of the economy will be slightly smaller. Considering, how-
ever, that increased air and water pollution control costs are such
a small portion of GNP, the changes are slight.
Environmental control costs of one firm represent income and
revenues to other firms and workers. The aggregate levels of em-
ployment should be little different from those of a time of lesser
concern with the environment. The net result from the shifts
-------
2780
LEGAL COMPILATION—GENERAL
of employment to less polluting enterprises and to abatement
activities would generally be only a change in the mix of total
output, not a reduction in total employment. The Nation can
lose economic welfare only by making choices on abatement levels
or methods which incur costs larger than the benefits derived.
impact on industries
To say that environmental controls will hurt business and
industry is to confuse the interests of existing firms with the
health of commerce as a whole. Some companies—particularly
those that must absorb large pollution costs—will be hard hit.
But many firms will benefit, and new firms and industries will
emerge in response to changing environmental demands.
A few major industries account for most industrial water use
and most industrial water pollution. They will bear a much
bigger share of the total burden, but as Table 6 shows, in most
cases their water pollution control costs will probably fall sub-
stantially below 1 percent of the value of their products shipped.
These estimates are for annualized costs of control in 1974—
assuming secondary treatment by all manufacturers. However,
the value of shipments is for 1967; hence the percentage of
pollution control costs to value of shipments is overstated. The
5 percent increase in total payroll shown in Table 6 indicates
te Water Treatwwig Costs
(Dollar* in millions)
• 'IftS? -—,
V«W» ftl *WWaJ BK-rBasi,
«^f
Set*.
Control
costs
as percent
value of
shipments
•;^§w* **l W«*«*|»D(i«cte
"-— - ' ;-%,-V
crease
tn
wages
as per-
cent of
W7
value of
ship-
ments
-------
"„-%*
GUIDELINES AND REPORTS 2781
that the costs of water pollution control are generally less than
historic wage increases. And once the pollution control equip-
ment is installed, the costs of operating it will probably not rise
nearly as fast as labor costs.
These estimates may, however, understate the impact on some
individual industries, given the large number of different
products and processes within the manufacturing categories indi-
cated. For example, the food and kindred products category in
Table 6 includes everything from bakeries—with almost no
problems of water pollution—to dairy and cannery operations,
which must control huge amounts of waste water effluents. Con-
sequently, average costs for broadly defined groups overstate costs
for some and seriously understate costs for others.
Rapidly changing requirements and technologies make cost
projections for air pollution control even more difficult. Table 7
compares industrial costs for anticipated control in 1976—when
the 1970 Clean Air Act standards fully take hold—with values of
shipments in 1967 and with historic wage increases. As in the case
of water pollution, these estimates are for broad categories. Im-
pact on specific industries can vary greatly from these averages.
Although the petroleum category in Table 7 indicates pollution
control costs of only 0.1 percent of value of shipments, these
ratios vary greatly among industries under that heading. For
example, petroleum refineries would incur costs of under 0.05
percent, while asphalt batching would incur costs up to 1.25
percent of 1967 value of shipments. For primary metals, the
-------
2782 LEGAL COMPILATION—GENERAL
overall increase in value of shipments is estimated at 1.9 percent,
but it is 2.3 percent for iron and stee) companies and over 5 per-
cent for the primary nonferrous industries.
Besides the stationary sources of emissions, the automobile
will be heavily affected by air pollution controls. The cost of
emission control devices alone is conservatively estimated to
raise the average new car costs in 1975 by about $240, and the
actual costs will probably be higher. These controls will result
in increased automobile operation and maintenance costs of
about $20.70 per year. The impact of the cost on 1976 models,
the year in which nitrogen oxides must be controlled, has not
been calculated because nitrogen oxide control technology has
not yet been developed.
Total pollution control investment as a percentage of current
total capital expenditures is large and rising. In 1970, the $2.5
billion that business and industry estimated they invested in air
and water pollution control facilities was about 3.1 percent of
their expenditures in new plant and equipment. The data in
Table 8, based on McGraw-Hill figures, indicate that in the
industry with the highest percentage—iron and steel—pollution
control investments were 10 percent of total capital spending
in 1970.
The effects of pollution control regulations on many industries
and on prices are difficult to gauge because of the interdepend-
ence of many aspects of the economy. For example, the initial
force of added costs, particularly for water pollution control, will
strike the pulp and paper, chemicals, and primary metals indus-
tries heavily. They supply other manufacturing sectors rather
than the ultimate consumer. Thus the added cost of waste treat-
ment that begins with the first-stage processors will be passed on
as the output moves upward through the production chain to
the ultimate consumer. Based on the markups characteristic of
each industry and other conditions, these increases may be mag-
nified. However, many industries have already incurred large
pollution control costs, which may mean that future adjust-
ments will be less severe than might have been expected.
Not all industries are adversely affected by pollution control
measures. Indeed, as the economy gears to higher levels of envir-
onmental protection and enhancement, some industries will be
better off. Obvious examples are the suppliers of waste water
control equipment and the construction industry. Similar effects
can be expected from air pollution controls. But because of the
technologies employed, expansion associated with air pollution
control will center not only on construction but also heavily on
the manufacture of equipment.
In 1970, investment for air, water, and solid waste pollution
control is estimated at over $3 billion. By 1975, this investment
will reach $7.4 billion, with cumulative investments for needed
-------
GUIDELINES AND REPORTS
2783
Industry
equipment
- » ',,":; !''./' •'•"". •'$*JS
v . . * ,*' -I *'• * •**, . "fi*1''
-C, -, f :<: ;",•?}'"<«•%,?*!*
.'" ' f;-:a>-*:;<,,<\,*i!J. "• ^% 1
:\."* : 2, ;;>,, k"V*\*.'.m
equipment and construction of almost $35 billion. These expen-
ditures mean sales and production in the constuction industry,
equipment manufacturing industries, and numerous related in-
dustries.
Industries and firms that produce goods and services that incur
little or no abatement costs will also profit. Many such industries
and firms, depending on market conditions, will gain new busi-
ness from buyers shifting from high pollution goods which will
become more expensive. One example is natural gas—the cleanest
of the fossil fuels—which is used in home heating, industrial
heating, and electric power plants. The drive for a cleaner
environment gives the natural gas and pipeline companies an
advantage over coal and oil companies. And due to limited
supplies, entire new industries may be generated to produce gas
from coal.
-------
2784 LEGAL COMPILATION—GENERAL
impact on firms
As in the case of differences among industries, certain firms—
and particularly certain plants—may fare better than others in
the drive for environmental cleanup. Within any given industry
there are efficient plants and inefficient plants. The new pollution
abatement requirements are likely to fall with different impact
among single plants in an industry, even though the same control
requirements may apply to all. Different impacts will come from
differing control costs and from different abilities to pass the
added costs on to buyers or back to suppliers and shareholders.
The degree to which individual companies will encounter
economic difficulties depends largely upon the costs that they
will be compelled to absorb. This in turn will depend on market
conditions for both sale of products and purchase of supplies.
Much of the cost increases will be reflected in price changes.
How much of the increased costs can be passed directly to con-
sumers, however, will depend on a demand for a firm's product
and the position of that firm in the industry. A company may be
able to raise prices without greatly reducing sales—if its prod-
ucts have few close substitutes.
More severe competitive conditions may force some firms to
absorb at least part of the higher costs by production cutbacks
and lower profits. As this occurs, the ability of such companies
to command capital needed for operations will decline and a
shift in their competitive position will follow. An individual
company experiencing higher costs than others in an industry
because of older or more obsolete plants may not be able to
pass on as large a share of the costs in increased prices. Thus,
competitive positions of firms are a major consideration in
appraising detailed economic impacts.
specific adjustment problems
The U.S. economy is flexible and adjustable. Capital and other
resources move quickly to exploit new situations, shifting from
less profitable enterprises. This process is continuous in a dy-
namic economy, and business failures are not uncommon. In
1970, 10,748 commercial and industrial firms failed in the United
States, 2,729 with liabilities exceeding $100,000. Failures over the
past decade have averaged almost 13,000 a year.
Some weak or poorly situated plants or companies will unques-
tionably have difficulty gearing to environmental requirements.
That weakness does not necessarily indicate bad management. It
tends instead to be a function of obsolescence. In almost all in-
dustries, newer technologies not only are more efficient but they
generally create less air and water pollution. Some old or small
plants and those badly located are in trouble, in part, because
-------
GUIDELINES AND REPORTS 2785
they have avoided environmental control measures adopted by
others as a matter of course over the past decade.
Pollution control requirements will hasten the closing of some
older, inefficient plants which have continued to operate because
of capital expenditures already invested, tradition, and commu-
nity ties—especially where the plant provides the principal pay-
roll on which the area is dependent. Eventually nearly all will be
closed for a combination of reasons. Companies often will close
one or several marginal plants, making up production losses by
building a larger, new plant. Some companies, indeed, can use
pollution control as an excuse to shut down a plant they have
long wanted to close.
Smaller firms operating single plants will tend to be more vul-
nerable to failure than large corporations with multiple plants
and technologies. However, industries burdened with the highest
environmental costs, such as chemicals, iron and steel, and pulp
and paper, are mostly characterized by bigger companies' operat-
ing many plants, old and new. Hence, the impacts of pollution
control expenditures on small business are not as severe as they
would first appear.
Pollution control will represent added costs of production and
when a plant is operating near the break-even point, even a slight
incremental cost can tip the profit balance against it. A company
must then decide whether to invest further in an obsolete facility
in order to meet environmental standards or build a new facility.
In many cases, it will choose to do the latter.
In the pulp and paper industry, it is not unusual for water
pollution control to account for 25 percent of the capital invested
in a new mill. Nor is it unusual that plants built early in this
century—or even late in the last—are still operating. They fre-
quently remain profitable because of fully depreciated capital
which offsets higher per unit costs of operations. But although a
plant may be very nearly fully depreciated, labor and raw ma-
terial costs per unit of output tend to be considerably higher
than in a modern plant.
If a manufacturer operates four old plants for which he must
provide waste treatment, conceivably he could invest the same
amount of capital in one new plant—and have not only adequate
waste treatment but more capacity than with the four put to-
gether.
Eventually the more obsolete plants would probably close in
any event. But waste treatment requirements alter the possible
rates of return on investments, hasten closings, and tend to make
the closings more immediate rather than spread out over a longer
period of time. Recent case studies undertaken by EPA have
demonstrated that pollution control requirements accelerated the
rate at which firms failed. But in most instances studied, a large
-------
2786 LEGAL COMPILATION—GENERAL
number of other factors was chiefly responsible for the failures,
and the plants would eventually have closed anyway.
One way to gauge how employment may be hit by a speedup
of environmental spending is to look at the total number of jobs
in pollution-intensive industries. Manufacturing is the major
segmeut of the economy affected. It accounts for 20.2 million
employees out of a total labor force of 84.2 million—or 24 per-
cent. Manufacturing industries with the most intensive pollution
problems account for almost 28 percent of total manufacturing
employment. Therefore the employment in those industries that
will be impacted to any significant degree by pollution control
amounts to about 7 percent of the current work force. And of
that, only a small percentage will be in those plants which would
be so severely hit as to face possible layoffs. This possible unem-
ployment is largely in the primary industries and hence does not
include the effects in other industries whose costs increase be-
cause of pollution control expenditures by suppliers. Such sec-
ondary effects are expected to be small.
The major problem regarding employment is not one of aggre-
gate unemployment brought about by pollution control. For one
firm's pollution control cost represents another firm's profits and
payroll. Although individual plants may shut down because of
pollution control costs, other firms, industries, and professions
will flourish. One reported estimate of future employment op-
portunities in environmentally linked fields predicts almost a
doubling of career opportunities from about 660,000 in 1970 to
about 1,180,000 in 1980. And this is only for employment in ecol-
ogy, earth sciences, resources and recreation, environmental de-
sign, and environmental protection. It does not include much of
the employment opportunities in construction and related areas.
effect on consumers and taxpayers
The incidence of costs of environmental improvement is im-
portant. Minor amounts of environmental costs may be absorbed
in lower profits to firms, but generally the costs will be passed on
in higher prices. Necessary public expenditures will be reflected
in higher service charges, taxes, or decreases in other public
services.
Over three-fourths of the solid waste collection and disposal
costs will either be paid through taxes and service charges or
will be paid directly to private firms for domestic and commer-
cial disposal. About 42 percent of the 6-year costs for cleaning
up air and water pollution, detailed in Figure 4, will be public
costs—almost all of it for water pollution. Almost all the waste
treatment operating costs and part of the capital costs are borne
by local governments. These, generally, are funded from property
-------
GUIDELINES AND REPORTS 2787
taxes and sewer service charges. However, a significant portion of
the capital costs are paid for with Federal and State grants.
The other 58 percent of the air and water pollution control
costs will initially be borne by industry. Most of that will be
passed on to consumers in the form of higher prices. As stated
earlier, increases in the value of shipments from pollution con-
trol requirements is usually a small percentage of the total. How-
ever, as primary industries supply other manufacturing sectors,
the ultimate costs to the consumer may be larger than this initial
burden.
To date, there are no detailed estimates of this cumulation of
costs for water pollution control. However, some preliminary
assessments for air pollution costs are available. The following
table reflects the percentage of total production of other indus-
tries sold to the motor vehicle industry:
Percent
Gray iron foundaries 25
Rubber 24
Iron and Steel 11
Petroleum 6
Primary lead 1
Powerplants 1
The increased costs to the auto industry of making automo-
biles—because of air pollution control costs incurred by its
suppliers—is put at $225 million in 1976, approximately $22.50
additional per vehicle. Other additions to the cost of vehicles
because of increased costs incurred by suppliers will, in all proba-
bility, also occur, but this impact should be minor.
Construction is another major industry whose dependence on
other industries will cause a rise in costs greater than its own
control costs. Increased air pollution control costs, particularly in
the varnish, asphalt, cement, brick and tile, lime, and iron and
steel industries may increase the price per average housing unit
by $100. The complete cumulative impacts of all environmental
control costs as they affect the cost of a house cannot be calcu-
lated with current data.
The funds for pollution control that come from the Federal
Government are largely the product of progressive taxes, so a
greater portion of the cost is borne by higher income taxpayers.
State taxes are mixed: income taxes tend to be progressive, but
sales taxes are not. Local government's share, based largely on
property taxes and sewer service charges, however, tends to bur-
den lower income taxpayers more. To the extent that envi-
ronmental control costs are reflected in higher prices of products,
those costs will be borne disproportionately by those with lower
incomes because they spend a larger percentage of their in-
comes on such products.
Although there are burdens on low income groups, there are
great advantages to achieving environmental programs at less
cost to society through greater use of sewer service charges, for
-------
2788 LEGAL COMPILATION—GENERAL
example, and assuring that the prices of products reflect environ-
mental control costs. A cleaner environment—particularly air
over the cities and improved sanitation—will greatly benefit low
income groups. And considering that cost increases will not be a
significant part of the personal budget, the concern that the low
income groups bear a heavier share of the cost for a cleaner en-
vironment is eased although not eliminated. This illustrates the
desirability of dealing directly with income distribution problems
rather than through subsidizing the costs of services or products.
the international impact
As nations move forward with environmental quality pro-
grams, competitive changes may well develop in international
as well as domestic markets. Governments of trading nations will
adopt various measures to assign the costs of pollution control.
These measures may have different effects on production costs
and on product prices. They may, therefore, have implications
for international trade and investment flows.
Some U.S. firms will be faced with increased costs for their
products which may not be matched by similar increases for
foreign goods. However, environmental costs are but one among
many international competitive factors and are often dwarfed
by others.
A primary issue is whether the costs of pollution control
will be borne by the goods whose production pollutes or whether
they will be paid for from general tax revenues. In the United
States, the primary responsibility for preserving and cleaning up
the environment rests with those who degrade it, and prices
of products reflect environmental cleanup costs. Not only is this
policy fair and consisient with our system of assigning costs, but
it leads to lower total pollution costs as consumers shift purchases
toward goods that make fewer demands on the environment.
Although nations are bound to differ in their method of as-
signing costs, some agreement on principle is emerging. For
example, at the Second U.S.-Japan Ministerial Conference on
Environmental Pollution in June 1971, both countries confirmed
"that the cost of control of pollution, including pollution con-
trol equipment, incurred in the production process by industry
in order to meet emission standards necessary to achieve en-
vironmental quality standards established by each country in
accordance with scientific criteria, should be borne by industry."
To impose direct costs on society as a whole through sub-
sidies would relieve some industries but would be more costly
to the whole economy. Such subsidies would have a similar effect
on goods entering international trade, as would a tariff or ex-
port subsidy. The effect of such a shift or trade subsidy is that
too many goods with high environmental costs would be domes-
tically produced.
-------
GUIDELINES AND REPORTS 2789
Even if there were international agreement that product prices
absorb environmental control costs, shifts in international trade
patterns would only be reduced, not eliminated. For many
reasons—for example, differences in product mix, absolute
levels of production, climatological and topographic factors—
countries are likely to experience different costs for environ-
mental controls. Those countries with low costs obviously bene-
fit most in international trade.
Another factor is that environmental control standards will
not be the same for every nation. With the exception of persist-
ent pollutants that accumulate in the environment or pollutants
that traverse international boundaries, the setting of standards
will generally be a matter for each sovereign nation to decide for
itself. Such choices will reflect the capabilities and preferences
of each nation, which may vary depending upon different en-
vironmental, social, and economic circumstances.
Still another problem is that nations may use product stand-
ards as disguised nontariff barriers. For example, one country
may set a standard more easily met by its own producers. As
long as the standard is applied uniformly and is designed to
minimize environmental costs, the barrier that it creates to im-
ports is appropriate. However, a standard may discriminate
against foreign products. The problems for trade policy are
how to distinguish discriminatory standards from nondiscrimina-
tory standards and to prevent the imposition of such trade
barriers.
Some domestic U.S. industries will certainly be placed at a
disadvantage as new standards are implemented. But most in-
dustries that will be affected will be those already suffering from
outmoded production methods. However, most U.S. exports and
imports are not goods with high pollution control costs. For
example, of the total imports into the United States in 1969,
less than 20 percent compete with products of the major U.S.
industries with high pollution control costs. The breakdown
is shown below.
Total U.S.
export;.
Industry (millions) Percent
Pulp, paper, and manufactuiing $1,588 4
Petroleum products 1,115 3
Chemicals 1,232 3
Iron and steel products 1,724 5
Nonferrous base metals 1,374 4
Subtotal 7,033 19
Other imports 29,019 81
Total 36,052 "HXT
-------
2790 LEGAL COMPILATION—GENERAL
Likewise, because of the composition of U.S. exports, a large
share of our exports will be relatively unaffected. Of the total
U.S. exports in 1969, under 20 percent was from industries with
high pollution control costs. The breakdown by industry is
shown below.
Total U.S.
exports
Industry (millions) Percent
Petroleum pioducts $428 1
Chemicals 3,383 9
Pulp, paper, and manufacturing 892 2
Metals and manufacturing 2,536 7
Subtotals 7,239 19
Other exports 30,749 81
Total 37,988 100
These estimates do not include all industries facing foreign
competition that have large control costs. Nonetheless, there
does appear to be little likelihood that the U.S. balance of pay-
ments will change significantly because of pollution abatement
efforts.
Studies by Ralph C. d'Arge, sponsored by Resources for the
Future, Inc., suggest that even relatively large cost increases
for U.S. products in the absence of comparable price increases
for its foreign competitors—an unlikely circumstance as more
nations impose environmental quality requirements—would
change the U.S. domestic economy little.
Whatever competitive advantages foreign products enjoy in
the near term will shift as all nations begin to upgrade environ-
mental quality. All of the industrialized nations are actively
engaged in environmental protection programs of some sort.
However, the United States is generally conceded to be con-
siderably ahead—both in the degree of control and the quality
of control technology. In the future, as other countries begin to
make large investments in pollution control facilities, the U.S.
position in world trade markets should improve. Moreover, its
technological lead should establish the United States as an ex-
porter of pollution control devices and engineering competence.
strategies for attaining environmental goals
Government faces two challenges: to find ways to control pol-
lution most efficiently, fairly, and effectively and while doing so
to develop strategies to cope with the transitional impacts of
higher pollution control costs.
A number of strategies may be used, individually or in com-
bination, to achieve environmental goals. Persuasion—relying on
-------
GUIDELINES AND REPORTS 2791
community pride and responsibility—is one. Although it often
works in prodding individual actions, such as anti-littering or
beautification, it does not work well with a manufacturer worried
about his competition and profits.
Enforcement has been the keystone of environmental quality
control efforts in the United States. Many have suggested a mix
of financial aids to supplement regulation, ranging from tax
write-offs to guaranteed loans or grants. Another approach is to
use economic incentives, such as the proposed lead tax and the
sulfur oxides emissions charge.
Only regulatory authority and economic incentives are dis-
cussed as strategies for attaining environmental goals. Proposals
for tax, loan, and grant assistance to industry cover only part
of the full cost of pollution control, which by any particular firm
is viewed as a basically nonproductive investment. So they pro-
vide little or no incentive for industry to pursue control activities.
Therefore, subsidies are discussed later as policy options to aid
transitional problems.
environmental standards
The most common strategy currently being used to deal with
environmental problems is to set and enforce environmental
quality standards. By and large, the principles are simple,
straightforward, and build upon existing legal structure.
Police powers have been used to handle many questions of
public nuisance. Environmental quality legislation enacted in
recent decades has simply followed suit. The two principal Fed-
eral laws are the Clean Air Act, as amended, and the Federal
Water Pollution Control Act, as amended.
Historically, Federal law has deferred to State and local govern-
ments to set air and water quality objectives. This approach still
holds in the Federal Water Pollution Control Act and in the
Administration's legislative proposals for water pollution. How-
ever, the President's proposals add new dimensions to the Act.
They call for national effluent standards for hazardous pollutants.
They also require effluent standards for each discharge source to
meet ambient water quality standards and demand the best prac-
ticable treatment for new sources of water pollution.
The Clean Air Act of 1970 departs sharply from the past. It
requires national ambient air quality standards for the chief air
pollutants. Primary standards are set at levels to protect human
health from air pollution. Secondary standards, even more strin-
gent, protect crops, property, and esthetics. The Act calls for
national emission standards for significant new sources of air
pollution, such as power plants and nonferrous smelters. And
it establishes national emission standards for new and old sources
-------
2792 LEGAL COMPILATION—GENERAL
of hazardous pollutants. States have the responsibility for devel-
oping implementation plans to meet ambient standards for
existing facilities.
Both the Clean Air Act and the Administration's proposed
water quality legislation recognize the need for specific standards
to protect human health. They also recognize the need for using
the best available technology to control new sources of pollution.
Finally, both pieces of legislation greatly expand the geographic
scope of Federal concern and the Federal Government's enforce-
ment authority.
Absolute prohibitions of some pollutants are justified. For
example, discharging extremely dangerous and persistent ma-
terials may need to be entirely forbidden. For other waste dis-
charges not crippling to human health, it is more reasonable to
curtail but not outlaw them.
Setting standards is an attempt to enforce a collective judg-
ment. Total prohibition of many substances is as unwarranted
as total freedom to discharge unlimited quantities. Desired uses
of the environment—such as swimming and breathing air free
from damaging health effects—are dictated collectively by the
political process. Standards of quality are established to meet
the uses, such as determining the quantity of a pollutant which
can be in the ambient air or water and still achieve the uses.
These standards or criteria are based on available scientific evi-
dence of the toxicity, persistence, and other effects of pollutants.
Implementation plans, usually specifying emission or effluent
limitations, are then designed for each source to achieve the
ambient standards.
Environmental quality standards are vital. For pollutants
especially harmful to health, they give across-the-board protection
to the population. Though explicit information on benefits and
costs leaves much to be desired, standard-setting does provide
mechanisms for collective decisions of their value in determining
desired levels of environmental quality. And unlike some subsidy
measures, they do not discourage firms from using a variety of
alternative abatement measures. Once a standard is set, a firm
can chart its own course by choosing the best mix of process
changes, improved management, and treatment to meet the
standards.
However, total reliance on regulatory authority raises a num-
ber of problems. Public agencies must not only specify standards
and implementation plans, judging technical and economic
feasibility, but they must also prove violations of standards.
These responsibilities delay enforcement—sometimes for several
years or even a decade or more. Some companies and municipali-
ties which have been ordered to undertake specified control activi-
ties have been able, at a minimum of cost, either to delay or
-------
GUIDELINES AND REPORTS 2793
circumvent the orders entirely. Granting variances for a wide
variety of reasons has been commonplace.
Enforcing reductions in waste discharge levels remains an un-
certain and continuing problem. Ambient pollution levels must
first be measured. Then the sources of pollution must be traced.
Eventually each discharger must be notified of his compliance
requirements.
The ease and cost of pollution reduction hinge on several sets
of variables—the industry, its product mix, its processes, age of
plants, and operational controls. These differences raise im-
portant questions regarding whether the costs of any abatement
scheme are fair, efficient, and reasonable.
Typically, environmental standards are implemented by setting
approximate levels of abatement for each source. Usually these
limits call for uniform or proportionate reductions by all dis-
chargers. That is, if the total discharges exceed the ambient
standards, each source is required to reduce discharges in pro-
portion to its contribution to the total.
Though the equal-proportionate scheme has an air of equity
and is fairly straightforward, it is also inefficient and expensive.
In terms of equity, equal-proportionate reductions often have
an unequal impact on profit rates or sales. A study of the gray
iron foundry industry revealed that nearly equal percentage re-
ductions in air pollution had about a fifth the economic impact
on large foundries as on small foundries. Also, new plants have
the advantage, especially for waste water discharges, of being
able to design their processes to minimize pollution, while exist-
ing plants do not always have that option.
The same pollution control results can be achieved at far less
cost if instead of making all existing sources cut back propor-
tionately, those with low costs treat to high levels and vice versa.
But this would require regulators to develop detailed information
on the costs of reduction for each individual source—information
that is not available and would be costly to obtain. Even if a
least-cost standard-setting procedure were technically and admin-
istratively feasible—which it is not with current institutions for
dealing with pollution—it would still raise serious equity prob-
lems. It would call for greater reductions from sources with low
abatement costs and allow operators of plants with high abate-
ment costs to escape responsibility.
pollution charges
Clearly, standard setting and enforcement is the primary way
the Federal Government addresses most environmental problems.
Certainly that strategy alone is especially useful for dealing with
hazardous pollutants. It is also clear, however, that because
of the enforcement, efficiency, and equity problems of the regula-
-------
2794 LEGAL COMPILATION—GENERAL
tory approach, other means ol achieving pollution abatement
must also be probed.
A promising possibility is to levy financial charges against
dumping of waste materials into the environment. With little
doubt, a well-constructed charge system tied to the amount and
type of pollutants would quickly curb waste discharges because it
would significantly change the basic costs facing individual pol-
luters. Pollution charges would provide a strong abatement in-
centive and would tie environmental costs to the processes that
generate the pollution.
Charge le\els could be set to stimulate each discharger toward
positive and effective action to cut pollution. Manufacturers
would have an incentive to change production processes, improve
internal plant management ol wastes, and lely more heavily on
recycling and reccncn to reduce wasle discharge. They would be
cutouiaged to seek out and use new technologies rather than
debating thcii technical feasibility.
Limited experience with sewer sen ice charges buttresses such
expectations. A Springfield, Mo., packing plant faced with a
waste treatment charge of SI,-100 per month, so modified its pro-
duction processes that its monthly payment was scaled clown to
$225. When its treatment plant became seriously overloaded,
Otsego, Mich., decided to charge a large industrial user. In re-
sponse, the company cut its wasle discharges from 1,500 pounds
of BOD a day prior to the charge clown to 900 pounds daily dur-
ing the first month the cbaigc became effective. In the second
month, it reduced discharges to 733 pounds. Within 90 clays,
daily discharges were down to 500 pounds—a level the plant could
treat effectively. These examples illustrate the effectiveness and
desirability of assessing users of treatment facilities the full costs
of their treatment. This principle is being expanded through
EPA regulations and through the Administration's proposed
amendments to the Fedeial Watci Pollution Control Act.
With present rules, polluters can delay abatement. Pollution
charges would create a positive incentive to accelerate abatement
efforts and discourage delay. Moreover, a charge scheme would
be continuous and predictable, not sporadic. In a sense, a pollu-
tion charge is a 24-hour "automatic enforcer." An incentive now
lacking would be provided to install facilities and, most import-
ant, maintain and operate them efficiently.
As the costs of pollution control are incorporated into the
market structure, producers and consumers of high pollution
goods would carry their share of the burden. And as prices of
goods reflect the relative costs of pollution abatement, consumers
would, to some extent, shift to goods that embody lower environ-
mental costs.
By placing the cost responsibility on the polluters, charge sys-
tems are equitable. The operator of a plant where reductions are
-------
GUIDELINES AND REPORTS 2795
possible only at high costs is not forced to make large reductions.
But neither does he continue to pollute without bearing the bur-
den of the charge and thereby win a competitive advantage over
those who undertake control and incur the costs. By placing an
equal charge on all dischargers, the charge system provides an
equitable basis for achieving greater efficiency in meeting environ-
mental standards.
regulation and charges—a new strategy
Advocates of regulatory authority and advocates of pollution
charges often considered the approaches as mutually exclusive.
The two strategies were viewed as an "either/or" proposition in-
stead of their being used together to attain desired standards of
environmental quality.
However, first the lead tax proposal and then the proposed sul-
fur oxides emissions charge show the way to a new strategy com-
bining elements of both approaches. Regulatory authority can be
used to establish ambient standards and back-up enforcement,
while pollution charges provide the economic incentive to
achieve these standards.
The tax on lead used in gasoline complements the authority to
control lead use in gasoline. Under the Clean Air Act, the Admin-
istrator of EPA has power to regulate additives in gasoline—in-
cluding lead. But because some leaded gas will be necessary for
older vehicles for many years, it will continue to be marketed. Yet
the need exists for an economic spur for consumers who can use
low- or unleaded gasoline now to do so. Consumer demand would
then induce the oil industry to produce more low- and unleaded
gasolines. Without the tax, gasoline buyers would continue to
buy the cheaper leaded gasoline, and it would be difficult to de-
velop the supply of unleaded gasoline needed to avoid fouling
pollution control devices that will almost surely be required to
meet the 1975 standards.
The sulfur oxides emissions charge, which the President di-
rected the Council on Environmental Quality and the Treasury
Department jointly to develop, would also combine regulatory
authority with an economic incentive. The Clean Air Act of 1970
tightened the legal authority to control air pollution, including
sulfur oxides emissions. But the necessary control technology still
lags. And debate continues about the commercial availability of
devices to curb sulfur oxides from stack gases. Enforcement often
is hamstrung by this basic conflict over availability of control
equipment and the feasibility of installing it.
The sulfur oxides charge will stimulate industry to develop and
install the necessary control equipment. Because it acts as a con-
tinuous economic incentive to achieve the standards, it should
also reduce the need for thousands of ad hoc enforcement actions.
-------
2796 LEGAL COMPILATION—GENERAL
It thereby strengthens the capacity of the regulatory process by
paring enforcement actions to a manageable number.
If the charge is not adequate to achieve the ambient standards—
as may be the case in some heavily congested urban areas—the
regulatory authority will assure that the standards will still be
met.
Because the charge can achieve the standard and still accommo-
date different levels of emission reduction from different sources,
it could lead to significant cost savings. In blending regulatory
authority and charges, it is critical to do so in a way that does not
diminish the economic efficiency gains attainable with the charge.
Standard setting and enforcement coupled with complementary
economic incentives provide two powerful tools to achieve a high
quality environment. As successful experience with charge systems
builds up, it will be appropriate to reevaluate which mixes of
strategies are most appropriate to achieve environmental goals.
strategies to deal with economic adjustments
National efficiency and social well-being are best served by pub-
lic measures that aid the adjustment to change—not by policies
that prevent change. Higher costs for pollution control raise the
same kind of adjustment questions as a shift in demand for a
firm's products or any other increase in factor costs—for instance,
increased costs for labor, land, capital, equipment, or raw ma-
terials.
The value of productive assets depend on profits. When profits
fall because of increased costs of production or decreased sales, the
value of the firm's fixed assets, which cannot be easily transferred,
generally fall. When such assets decline in value, it is a signal of
their economic obsolescence. The economy as a whole does not
suffer because of it, for their continued use has little or no value.
There is no economic reason for the public to subsidize an owner
of fixed assets which have fallen victim to changing demand or
increased costs. It is all part of necessary adjustments in the
economy. However, factors in the economy that have alternative
uses and keep their productivity regardless of demand and sup-
ply shifts are another matter. Society as a whole has an interest in
using them promptly in other productive ways. Labor represents
the major factor that has such alternative productive uses.
Minimum unemployment and maximum output of the
economy can best be accomplished by assuring that those factors
which have alternative employments are aided in transition and
by disregarding those specialized or fixed factors which have no
alternative uses. Indeed, social justice demands greater concern
for individuals suffering disproportionate losses from dislocation,
especially those who will be unemployed because of environ-
-------
GUIDELINES AND REPORTS 2797
mental control actions. This principle might also hold true for
small businesses and proprietors more than for large corporations
whose losses are generally shared among many stockholders.
The major means to ease economic adjustment problems dur-
ing the environmental transition are Government policies to pro-
mote overall growth, employment, and stability. Chief among
them is the repertoire of fiscal and monetary policies the Gov-
ernment can call upon. Properly employed, they can create favor-
able aggregate demand levels, full employment, and stable prices.
The Government also encourages education and training,
which aid mobility of human resources, and discourages monop-
olies, which tend to lock labor and capital into pursuits yield-
ing lower levels of real output. Government programs also pro-
tect those severely disadvantaged by economic growth and
change. Unemployment compensation, retraining assistance,
small business loans, technical assistance, and aid to depressed
areas—are examples of such programs. To both industry and
labor, another major aid to adjustment is the phasing of envi-
ronmental expenditures required to meet prescribed standards.
Special adjustment assistance to individual companies would
tend to perpetrate obsolete facilities and would create undesir-
able incentives. Additionally, competitors could claim unfair
competition in public financing of abatement measures, and it
may reward those who have lagged in their abatement efforts.
Such special assistance would also give rise to difficult problems
in deciding which plant qualifies for special aid. This could
open a Panadora's box of cost scrutiny and judgment of rates
of return approaching that of public utility regulation.
There may be times when public assistance to firms is justi-
fiable on economic grounds—for instance, in chronically de-
pressed regions, where pollution abatement requirements would
close several companies and lay oft most of the labor force in
a town. But the rationale for assistance would be to maintain
employment rather than shore up fixed assets with little or no
value.
The Congress and others have suggested several assistance
programs to deal with transitional problems. They are broadly
of two types: across-the-board assistance, such as tax write-offs,
grants, or loans; and targeted assistance to workers, small busi-
nesses, or heavily disadvantaged firms.
across-the-board assistance
tax aid—Greater use of tax devices has been suggested to help
ease industry's transitional problems. The Federal Government
currently offers rapid amortization of capital expenditures for
pollution control equipment under some circumstances. Over
30 States also offer rapid amortization, exemption from sales
-------
2798 LEGAL COMPILATION—GENERAL
and use taxes, exemption of facilities from property taxes, or
some combination thereof. In at least one State, plants which
principally use waste materials are valued at 25 percent of as-
sessed valuation for property tax purposes. In many States, indus-
trial development bonds can provide an interest subsidy that
equals the difference between municipal and industrial costs of
capital. The Tax Reform Act of 1969 exempts pollution control
facilities from the general prohibitions on the use of industrial
development bonds.
Although these financial incentives can help individual com-
panies faced with increased pollution control costs, they also
raise problems. One of the major arguments for tax relief is
that some firms cannot make the required expenditures for
pollution abatement and still stay in business. But if tax relief
comes in the form of an income tax shelter, the benefit falls
primarily to those firms enjoying net income flows. It tends
then not to help firms most in need—those which are truly
marginal and have little or no profits to be offset.
Further difficulty arises because of the bias that is created
in favor of capital facilities. Almost of necessity, tax relief is
tied to capital spending—such as for treatment facilities. If it
were not, the Internal Revenue Service would be forced to make
plant-by-plant decisions on whether a part of the industrial
process is related to pollution control or just to production. De-
tailed industry studies indicate that for the most part, the
cheapest way to reduce waste is through process changes, im-
proved plant management, and reuse and recycling of mate-
rials—instead of almost total dependence on capital intensive
waste treatment. Because tax advantages subsidize capital ex-
penditure and do not—and in the main cannot—provide assist-
ance for other expenditures, firms would be encouraged to
undertake wasteful abatement techniques. And to the degree
that pollution control costs are subsidized and not reflected in
product prices, too many environmentally costly products will
continue to be produced.
grants—All or part of industry's costs for pollution control
could be met through direct Federal grants. Indirectly, this has
been the case with the Federal grant program for construction
of municipal waste treatment plants, where 50 percent of wastes
treated are from industrial sources. More recently, however,
municipalities receiving Federal grants are being required by
EPA regulations to institute user charge systems for industrial
waste treatment.
A one-time subsidy to waste dischargers has several advantages
over tax relief. More subject to legislative and executive review,
grant subsidies avoid the less scrutinized "backdoor financing"
of tax assistance. Moreover, grants are less likely to become
a more permanent feature of the cost structure of industry,
-------
GUIDELINES AND REPORTS 2799
thereby not disrupting efficient resource allocation as much.
Grants, however, do contain most of the disadvantages of tax
subsidies, such as encouraging overly expensive capital facilities
and failing to assure that the full costs of environmental im-
provement are reflected in the prices of products.
Grants may seriously inhibit progress in waste discharge
abatement. There is evidence to suggest that until recently, the
Federal municipal waste treatment plant construction program
may have slowed construction in some parts of the country,
although in total it stimulated a greater amount of overall con-
struction. There is certainly reason to think that a grant pro-
gram may, at least initially, encourage industries to wait in line
for grants—instead of act.
loans—Loans are another way suggested to blunt the economic
impact of pollution abatement. A guaranteed loan would not
necessarily increase the availability of capital for a company,
but it would reduce interest rates. A Government-subsidized
loan could even reduce a company's costs further.
A loan program would not appreciably help a marginal firm
whose problem is lack of profit, which would essentially preclude
it from amortizing a loan, guaranteed or otherwise. And loans
suffer most of the problems of subsidy and grant programs dis-
cussed above. Further, guaranteed loans will compete with other
capital needs—such as Government securities, mortgages, and
State and local bonds. It is not clear that another distortion in
capital markets in order to assist industry to meet pollution con-
trol requirements is desirable in light of other goals: to main-
tain low Federal interest costs and to provide acceptable capital
markets to encourage home building and improvement of State
and local facilities—including sewage treatment plants.
targeted assistance
Some current Federal programs already can be tapped to
help with the environmental transition. Programs administered
by the Department of Labor under the Manpower Development
and Training Act (MDTA) and the Economic Opportunity Act
can retrain and reemploy workers laid off because of pollution
control requirements. In fiscal year 1971, total training and
related services administered by the Labor Department will
reach more than 1 million individuals at a cost of $1.5 billion.
Small Business Administration (SBA) loans are available to
help small firms. Section 7(a) of the Small Business Act author-
izes SBA to make, participate in, or guarantee loans of up to
$350,000 for the SBA share, with interest rates on that portion
of up to 5.5 percent. The loans, which can be used for land
acquisition, machinery, or equipment and plant construction,
-------
2800 LEGAL COMPILATION—GENERAL
conversion, or expansion, can assist in financing pollution con-
trol facilities.
The Economic Development Administration (EDA) can pro-
vide loans, grants, and technical assistance to local governments
or industry for the purpose of promoting economic development
in economically depressed areas. If environmental control costs
are a barrier to economic development, or will cause severe
unemployment, then this assistance can be for municipal public
wo *« projects or industrial pollution control facilities.
^though these programs can help with transitional problems,
they are limited. Funding for all of them has been set thus far
•Without reflecting specific requirements for adjusting to the en-
vironmental transition. The MDTA programs are geared to
disadvantaged workers, not necessarily to those laid off by plant
closings due to pollution control requirements. SBA programs
help only a small segment of the economy. EDA has broad
authority to aid economically depressed areas, but this aid can
be used only to help meet environmental transitional problems
when they are a significant barrier to the economic well-being of
an area.
Under the present Trade Expansion Act (TEA), the Tariff
Commission and the Secretary of Commerce or of Labor can
vouch that imports stemming from trade concession hurt work-
ers or firms, entitling them to special assistance. At present,
increased pollution control costs alone are not grounds for
eligibility. The TEA model has been suggested for a special
pollution control assistance program. Although attractive in its
flexibility in determining eligibility and the types of assistance,
it leaves the difficult decisions to adminstrative discretion.
Some have suggested that small businesses lack knowledge
about pollution control requirements. Therefore, a pollution
control technical assistance program has been suggested to help
small firms minimize costs for pollution control. This might be
particularly helpful to firms with little in-house expertise.
Another alternative in dealing with the transition is to expand
current programs especially to meet pollution control adjust-
ment problems. However, without better knowledge of probable
impacts—on companies, industries,and regions—it is difficult to
decide about appropriate budget levels and mixes among the
programs.
Lack of accurate data on pollution control costs is still a
barrier to intelligent policy development. The Council on
Environmental Quality is working with the Environmental Pro-
tection Agency, the Department of Commerce, and other agencies
on a study to determine more accurately the impact of pollution
control expenditures on industries, companies, regions, and
workers. The Administration is evaluating a range of possible
-------
GUIDELINES AND REPORTS 2801
assistance measures to aid in overcoming transitional problems
brought about by environmental expenditures.
conclusions
The costs of pollution control will be high overall but not
great when compared with the gross national product, value of
shipments by industry, or even total investment in capital facili-
ties by industry. In general, U.S. business and industry will ad-
just to these costs just as they have adjusted to other changes
in the cost of doing business. The most difficult adjustments will
be to solve the temporary dislocation of workers made jobless by
plant closings.
The Council believes that an optimum strategy for dealing
with environmental problems is to employ both regulatory
authority and pollution charges. Regulatory authority insures
that legal remedies are ready to meet agreed-upon standards;
pollution charges guarantee a strong incentive to install the
necessary equipment and operate it efficiently. Use of charges
and regulatory authority in tandem can achieve environmental
standards faster and cheaper. As more experience with charge
systems builds up, it will be appropriate to re-evaluate which
mixes of strategies are most appropriate to achieve environmental
goals.
Clearly, economics plays a major role in our effort to achieve
a high quality environment. Intelligent economic decisions and
the wise allocation of resources are essential to achieving environ-
mental goals. While the aggregate costs of pollution control ap-
pear well within the capacity of the American economy to ab-
sorb, there will be some transitional problems. But there is every
reason to believe that our Nation's commitment to environ-
mental quality can be achieved within the context of a healthy,
dynamic economy. Failure to take the necessary steps would cost
the Nation much more in terms of health impairment, loss of
recreational resources, and a decline in the quality of life.
appendix
costs of air and water pollution control
and solid waste management
The summary data presented in the text were largely derived from the
supporting data presented in this appendix. It provides a more detailed
assessment and analysis of costs for air and water pollution control and solid
waste management. The general limitations of the data are discussed in the
chapter.
water pollution costs
Current data for water pollution control expenditures are primarily for
-------
2802 LEGAL COMPILATION—GENERAL
municipal and industrial waste treatment. Data on such "nonpoint" sources
as agricultural runoff and acid mine drainage are considerably less reliable.
public treatment costs—During 1970, municipal waste treatment facilities
serviced about 95 percent of the sewered population (70 percent of the total
population). These municipal operations also provided waste treatment for
most small non-water-intensive industries; for some heavy industry; and
nearly all commercial, institutional and financial establishments. Over 60 per-
cent of the total sewered population is receiving at least secondary (biological)
treatment, and 35 percent is receiving only primary (settling) treatment.
Only 5 percent of the sewered population is receiving no treatment at all.
The current replacement value of municipal treatment plants amounts to
about $6.1 billion. Interceptor sewers, pumping stations, and outfalls associa-
ated with the waste treatment plants add a replacement value of approxi-
mately $7.6 billion, for a total of $13.7 billion. These figures do not include
the estimated value of sanitary, storm, or combined sewers which feed into
municipal systems—about $12 billion additional capital.
Much of this treatment plant investment has been made in recent years.
Annual costs to operate, maintain, service, and replace this growing system
have been rising steadily. In 1970, they were close to $1.6 billion, compared
to $800 to $900 million in 1965.
In spite of the sharp rise in the levels of investment and their magnitude,
far more capital will be required to keep municipal treatment in step with
national water quality objectives. Estimates indicate that slightly more than
$4 billion will be required to eliminate deficiencies in existing treatment
facilities. Another $8 billion will be necessary between 1971 and 1974 to
meet replacement and population giowth needs.
This EPA estimate of $12 billion total is for treatment and related facili-
ties, eligible for Federal grants. The National League of Cities/U.S. Confer-
ence of Mayors made another estimate of municipal waste treatment needs of
between $33 and $37 billion. Thai estimate was calculated from responses
from its member cities. However, when costs ineligible for funds under the
Federal grant program are deducted and double counting eliminated, the
National League of Cities/U.S. Conference of Mayors estimate becomes about
$11 billion on a comparable basis with EPA estimates.
Based on 1968 data, additional costs have been estimated for capital invest-
ment needed to alleviate the problems of overflows from combined sewers.
The American Public Works Association calculates that it will cost between
$15 billion and $48 billion to remedy overflows from combined sewers. The
$15 billion figure would cover a variety of alternatives short of complete
separation, and the $48 billion would finance complete separation of com-
bined sewers—$30 billion in public costs and $18 billion in private costs.
The accumulated investment in treatment systems by 1974 will be accom-
panied by substantially increased costs of operation. The 1974 annualized
costs of municipal water treatment are projected at $3.2 billion. Table A-l
compares these municipal annual investments, cumulative investments, and
annualized expenditures for 1970 and 1974. Costs will continue to increase
even after 1974, but at less dramatic rates.
These annual expenditures can be compared with expenditures for other
municipal services. The annual costs for municipal waste treatment will
amount to about $20 to $22 per person served, compared to 1969 municipal
per capita expenditures of $22 for police, $34 for education, and $18 for
public welfare.
private treatment costs—The Bureau of the Census reports that of the
240,000 manufacturing establishments in the U.S. in 1968, fewer than 10,000
used 20 million or more gallons of water. Ninety-one percent of the 35.7 tril-
lion gallons of water used by major manufacturers in 1968 was used by 5,000
food, pulp and paper, chemicals, petroleum, and primary metals firms. Their
-------
GUIDELINES AND REPORTS
2803
(In millions of dollars)
Cumulative investment
Waste "tiWit
'
v .
Annual investment ,
•;• ^^••l-'i&sS^AS
'•'-'.'.
•'• ' ^-lAk-KflSlKV'
-: r< ;•:/:.
waste water discharge was several times the amount discharged by the sew-
ered population of the United States The bio-chemical oxygen demand
(BOD)—a measure of oxygen needed to decompose the wastes—was roughly
four to five times that of total domestic liquid wastes.
The waste loads of many of the smaller manufacturer do not significantly
differ from other sources of municipal waste loads. The overwhelming number
of these companies discharge directly to municipal systems Yet because they
are relatively small water users, they account for only about 10 percent of
all manufacturing waste watei discharges.
There are significant differences in the economics of pollution abatement
for municipal and industrial operations. Industrial investment is usually far
smaller to achieve the same level of treatment. In most cases, a manufacturer
does not incur the collection and intercepting sewer costs which represent a
majority of municipal costs. In addition, the more concentrated nature and
greater volume of their wastes result in lower unit investment costs for treat-
ment. However, industrial operating costs are higher than municipal operat-
ing costs—averaging twice as much per unit of invested capacity.
Another difference between municipal and industrial abatement costs is
the wider range of alternatives available to industry. Unlike municipalities,
industries can reduce waste discharges through process changes and better
internal management as well as through treatment. Industrial expenditures
for process changes that reduce pollution often result in more efficient pro-
duction. Accordingly, it is often difficult—and sometimes impossible—to allo-
cate costs between pollution abatement and increased production.
-------
2804
LEGAL COMPILATION—GENERAL
Nationwide, an estimated 50 percent of the wastes treated in municipal
plants are from industrial sources, although the percentage of municipal
capacity so used varies greatly from plant to plant. The costs of such capac-
ity are included within the estimates of capital and operating costs for mu-
nicipal waste treatment plants.
Most existing industrial waste treatment facilities have probably been built
over the last decade. As estimated by McGraw-Hill, investments by manu-
facturing plants were about $870 million in 1970 and $600 million in 1969—
compared with less than $200 million in 1960. Industries other than manu-
facturing—mining, electric utilities, commercial establishments, etc.—estimate
their 1970 investment for water pollution control at $287 million. The total
1970 investment, then, is approximately $1.2 billion. The McGraw-Hill sur-
vey indicated that industry planned to spend $1.6 billion for water pollution
control investments in 1971. A breakdown of 1970 investments by industry
is shown in Table A-2. Although most of this investment is for treating
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process wastes, it also includes the costs for electric utilities to reduce thermal
pollution. These figures do not include investment in municipal systems
specifically for treating industrial wastes.
This large investment in treatment facilities requires significant expendi-
tures for operation and maintenance. EPA estimates that the annualized
costs—which include both capital and operation and maintenance costs—ot
manufacturing related water pollution treatment may amount to slightly over
$1 billion for 1970 alone. About $575 million of it was operation and main-
tenance costs, and about $475 million was annualized capital costs. These
figures do not include the user charges paid by many smaller films for waste
treatment by municipal systems. Nor do they include the operating costs
associated with electric power generation, mining and a number of small
industries.
EPA estimates that manufacturers' investments for waste treatment equip-
ment should aveiage about $1 billion per year between 1971 and 1974—$3.1
billion for new waste treatment facilities and another $1 billion for capital
-------
GUIDELINES AND REPORTS
2805
replacement. Annualized costs of control in 1974 would also substantially
increase, to over $1.8 billion.
EPA estimates that up to $2 billion additional investment will be needed
to control thermal pollution from electric power plants. This estimate assumes
complete use of recirculation or closed systems for cooling water.
Table A—3 contrasts current manufacturing expenditures with those re-
quired by 1974 water quality standards. As the table indicates, four indus-
tries—paper, food, chemicals, and primary metals—spent two-thirds of the
money in 1970. By 1974, they will account for almost 80 percent of the total.
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-------
2806 LEGAL COMPILATION—GENERAL
These various estimates do not cover the costs of water pollution control
from a number of other sources. For example., there are no reliable estimates
of the costs of controlling feedlot or other animal wastes or oil spills and
intentional discharges of oil.
air pollution costs
Most of the funds for air pollution control have been spent on reducing
paniculate and automotive pollutants. The standards resulting from amend-
ments to the Clean Air Act will soon require major additional spending to
control sulfur oxides, nitrogen oxides, carbon monoxide, hydrocarbons, oxi-
dants and selected toxic substances such as beryllium or mercury, as well
as particulates.
public costs—State and local government expenditures for air pollution con-
trol are primarily for planning, enforcement, and monitoring rather than for
facilities to control emissions. Municipal incinerators and public buildings
are the major areas of direct public costs—sources which are small in the
aggregate.
Public spending on air pollution control programs has increased steadily
in recent years, much of it in Federal grant funds under the Clean Air Act.
For fiscal year 1970, agencies receiving Federal grant support budgeted $64.4
million for air pollution control activities. Of this, $38.4 million was non-
Federal, which represented a fourfold increase over fiscal year 1965. Future
expenditures are projected to rise steeply as the new Clean Air Act Amend-
ments are implemented. Federal expenditures are also expected to rise as
research, planning, and enforcement activities are accelerated.
By 1976, over $200 million must be invested in capital equipment for
municipal incinerators to meet air quality standards. Annualized costs of
these facilities will amount to over $100 million by 1976. These expenditures
will control only incinerator emissions. They do not include the large expen-
ditures needed to close all open burning dumps or convert them to sanitary
landfills.
private costs—Significant expenditures will be required by the private sectoi
to control both stationary and mobile sources of air pollution. Most air
pollution from stationary sources is generated from fuel combustion in power
plants, industries, and homes and from industrial processing. The major
mobile source of air pollution is the ubiquitous automobile, but trucks,
buses, motorcycles, and airplanes also pollute the air. Controls over mobile
and stationary sources differ greatly because of inherent differences in physi-
cal operation and types of pollutants emitted. Consequently, costs of control
differ greatly.
Stationary sources—Data on current costs of air pollution control at sta-
tionary sources are limited. With some exceptions, these costs are incurred
by the industrial segment of the economy. The McGraw-Hill study estimated
a total investment in air pollution control of over $1.3 billion in 1970. The
study indicated that industry planned to spend $2.1 billion in 1971 on
capital investments to reduce air pollution. A breakdown by major industrial
sectors is shown in Table A-4.
Estimates for future air pollution control costs are very rough. No com-
prehensive annual cost estimates are available, either for the past or future.
Rather, EPA estimates are based on cumulative costs between 1967 and 1976,
the year when compliance with air quality standards is required under the
Clean Air Act. The Economics of Clean Air report fails to take fully into
account the costs of implementing the Clean Air Act Amendments of 1970.
Data are available for only six pollutants—particulates, sulfur oxides, carbon
monoxide, hydrocarbons, fluorides, and lead—and only for 298 metropolitan
areas. These areas were identified by EPA as including most of the U.S.
population and industry, although a significant portion of air pollution
occurs outside those areas. These cost data appear in Table A-5.
-------
GUIDELINES AND REPORTS
2807
EPA estimates that total investment for control of air pollutants from sta-
tionary sources in these 298 regions will total approximately $6.3 billion for
the 10-year period 1967-1976. Most of that amount, roughly $5.3 billion,
would be required from 1970 to 1975 to meet the standards set by the 1970
Clean Air Act Amendments. By 1976 annual costs of control are projected to
leach $2.1 billion.
Control of emissions from fuel combustion at stationary sources, a large
part of the total, will run to $2.4 billion by the end of fiscal 1976. The
associated annualized cost will be SI billion in that year. Steam-electric
power plants and industrial heating each account for about one-half of the
total. The costs of reducing emissions from commercial and institutional
heating sources will be slight. The remaining control costs of about $3.9
billion, with annualized expenses of about $1.1 billion in 1976, are for
industrial process sources, particulaily for metal production.
Some of the projected costs for control of industrial air pollution have been
disputed. For example, EPA had estimated investment costs of $87 million
to control sulfur oxides from copper smelters in the 298 regions studied.
In a study by Fluor Utah, Inc., however, investment costs of between
$264 and $607 million were estimated. Some of this discrepancy can be ex-
plained b\ diffeient coverage, cost allocation, contiol strategies, and othei
assumptions, but ccitainly not the bulk of it. These differences only highlight
the need for more comprehensive and uniform analyses.
Although these data indicate large expenditures by 1976, they do not in-
clude total emissions as shown on Table A-6. Also to the extent that actual
emission reductions required differ from the averages used, costs incurred will
vary. These reductions are also shown in Table A-6. Further, as indicated by
the McGraw-Hill survey, most of the types of sources with large costs are
covered in the 298 regions, but not all of them.
mobile sources—Mobile sources are the other major area in which control
costs will be incurred. The Clean Air Act requires a 90 percent reduction
-------
2808
LEGAL COMPILATION—GENERAL
J. >> •% , ' >A^/Xp>fC\- .; V
below current controlled levels of hydrocarbons and carbon monoxide by
1975. It also requires a 90 percent reduction of nitrogen oxides b) 1976. The
Administrator of EPA may allow a 1-year extension if he finds that a work-
able device for automobiles has not been produced in time and that industry
has made a good faith attempt to develop such technology. The new stand-
ards will probably require not only changes in design and operation of the
internal combustion engine but also control devices not vet fully developed
for mass production. And they will demand a supply of unleaded gasoline
that will not foul the control devices. The standards will result in increased
costs for automobiles and in increased fuel consumption. But it may cost
somewhat less to maintain a car using unleaded gasoline.
The estimated investment costs of implementing auto and truck standards
for model years 1967 through 1976 are estimated at neaily ?6.3 billion—$5.1
billion for 1975 and 1976 alone (see Table A-7). The operating costs for
the 1967 to 1976 period would be ?800 million. However, this low total is
largely due to expected operating savings in the early years. For 1975 and
1976, the increased operating expenses arc estimated at about SI.7 billion.
The projected per auto costs of meeting the 1975 auto standards are in
dispute. The figures in Table A-7 are probably at the low range of estimates.
The total costs of meeting the 1976 standards on nitrogen oxides aie unknown,
because no feasible control technology has yet been developed. Table A-7
-------
GUIDELINES AND REPORTS
2809
also does not estimate capital costs and increased production cost to the
petroleum industry of switching to lead-free gasoline.
solid waste costs
Costs for solid waste management cover collection and disposal of residen-
tial, commercial, institutional, and industrial wastes. Part is spent to collect
and transport solid wastes to disposal sites; part is to operate the sites—
landfills and incinerators.
public costs—Local governments bear most of the public costs of solid waste
management. Although Federal funds finance research and development,
-------
2810 LEGAL COMPILATION—GENERAL
demonstration grants, and personnel training, local goveinments will shoulder
most of the public burden for collection and disposal of solid wastes. Private
collection and disposal costs are also a significant part of the total.
Current data on municipal disposal costs are imprecise. But data based on
a 1968 national survey show their order of magnitude. In 1967, collection
and disposal of 190 million tons of residential, commercial, and institutional
solid waste cost more than $3.5 billion. Of that amount, municipalities spent
$1.7 billion—SI.6 billion in operating costs and $100 million in new capital
expenditures. Private collection and disposal costs accounted for the rest—
$1.8 billion These cost data on public and private expenditures also include
the handling of some industrial wastes, but the extent of this is unknown.
Total annualized costs for the Nation are not available because estimates
of the investment in facilities and equipment are not available. Clearly, the
$3.5 billion would be exceeded if interest and depreciation on all currently
in-place equipment were to be included. However, operating costs are clearly
the major share of annual waste collection and disposal costs
Roughly 75 percerrt or more of municipal solid waste disposal spending
is for collection and the remainder for disposal. Disposal costs can range from
$1 to $3 per ton for sanitary landfill and from $3 to §10 for incineration
Collection costs average roughly $15 per ton, although they vary widely. In
heavily populated urban areas, collection can go even higher. For example,
in New York City, costs ran to $32 per ton in 1969, not including many em-
ployee benefits and depreciation.
Spending by municipalities in the future will probably continue to rise,
because wastes are projected to increase even faster than population. Also,
because collection is labor intensive, those costs will rise with wage increases,
which are rising faster than other costs. As open dumps are replaced by
sanitary landfills and incinerators, disposal will take even more of the muni-
cipal dollar. New York City estimated that a new incinerator would cost
$30 per ton of wastes burned, largely because of air quality requirements
and high construction costs. And sanitary landfills become more expensive
as available sites are used up and they must be located farther from urban
centers. A transfer station and rail haul of 100 miles, for example, increases
disposal costs by between $5 and $7 per ton.
industrial COStS—The most recent data on total industrial spending for
solid waste management are for 1967. In that year, EPA estimates that in-
dustry spent $1 billion to handle its solid wastes. Although collection costs
are not so large as for municipalities, per-unit disposal costs are probably
higher because many industrial wastes require costly treatment prior to dis-
posal due to their toxicity and concentration.
Solid waste management promises to become a larger pait of industry's
future total pollution control spending. Not only will total quantities and
per unit costs of disposal increase, but air and water pollution corrtrol re-
quirements may result in additional solid wastes which are even more
troublesome to dispose of.
Although detailed data by the public and the private sector are not avail-
able, EPA estimates the cost of upgrading national solid waste collection
activities at another $540 millron annually in operating costs and $20 million
annually in capital spending. To upgrade disposal sites and facilities will
cost another $95 million annually in capital expenditures. Operating costs
will run to an additional $180 million a year Hence total additional spend-
ing needed for adequate national solid waste management may reach over
$800 million annually
Recycling, an alternative to disposal, could cut both municipal and indus-
trial solid waste management costs dramatically as well as recover and con-
serve resources. As the full cost impact of adequate disposal techniques is
felt, pressures should arise to reacle a greater amount of wastes. However,
new technology and significant changes in current economic relationships
will also be required before recvclirrg is widely used.
-------
GUIDELINES AND REPORTS 2811
-------
2812 LEGAL COMPILATION--GENERAL
the law and
the environment
On January 1, 1970, as his first official act of the new decade,
the President signed into law the National Environmental Policy
Act (NEPA). That symbolic step has highlighted a year and a
half of unprecedented development of the law relating to protec-
tion of the environment.
There have followed: court decisions giving force to NEPA and
similar Federal laws, actions forcing more consideration of en-
vironmental factors in Federal administrative decisions, stronger
Federal pollution control laws, and a host of innovative environ-
mental actions by the States. Together they furnish important
evidence that the Nation is beginning to institutionalize its con-
cern for the quality of life.
Perhaps the most striking recent legal development has been
the step-up in citizen "public interest" litigation to halt degrada-
tion of the environment. In the face of a history of administra-
tive decisions that ignored environmental impacts and against a
tide of legislative delays in developing pollution control law,
citizens concluded that they must use the courts to cure the
neglect. The citizen litigation has not only challenged specific
government and private actions which were environmentally
undesirable. It has speeded court definition of what is required
of Federal agencies under environmental protection statutes. The
suits have forced greater sensitivity in both government and in-
dustry to environmental considerations. And they have educated
-------
GUIDELINES AND REPORTS 2813
lawmakers and the public to the need for new environmental
legislation.
Citizens in environmental suits have: stopped construction of a
road and oil pipeline across the Alaska wilderness, pending thor-
ough environmental studies; prompted cancellation proceedings
against the pesticide DDT; halted construction of an expressway
on the banks of the Hudson River; shielded wildlife habitats in
Texas and Arizona from development; suspended construction
of a Corps of Engineers dam in Arkansas until NEPA was com-
plied with; postponed highway encroachment on Overton Park
in Memphis, Tenn., pending review of its necessity; and pro-
tected parts of the National Forests until it was decided whether
they should be saved as wilderness areas. In this litigation, the
courts have broadened the concept of a citizen's right to bring
suit and the scope of court review of administrative actions.
A less dramatic development—but perhaps of more long-term
significance—has been the trend in government toward tighter
systems of environmental regulation. There has come with it a
greater Federal recognition of the breadth of the areas needing
protection. Already the progress indicates that development of
the law may be as important to environmental quality as it has
been, for example, to civil rights.
federal law
federal agencies and the environment—a framework emerges
A key trend in Federal legislation is the series of provisions—
of which NEPA is the broadest and most important—which
write environmental interests into Federal Government decision-
making.
NEPA laid down the environmental impact statement require-
ment in section 102(2)(C),1 since supplemented by guidelines
from the Council on Environmental Quality.2 An agency propos-
ing a major action with significant environmental impact must:
describe the impact; study and describe alternatives to its pro-
posal; obtain comments from environmentally expert Federal,
State, and local agencies; and make public, in advance, its en-
vironmental analysis and the comments of other agencies. This
process—and the advance public response to these environmental
analyses—are making Federal agencies far more sensitive to the
environment.
Most courts have concluded that the NEPA "102" environ-
mental statement procedure is court enforceable at the suit of
interested citizens. This provides a new basis for judicial review
of Federal administrative action affecting the environment. In
the year and a half since enactment of NEPA, there have been
-------
2814 LEGAL COMPILATION—GENERAL
over 20 reported Federal district court decisions involving citizen
challenges to Federal action under the Act. They involved, for
example, federally financed highway projects,3 Interior Depart-
ment permits for the Alaska pipeline and its related haul road,4
an Interior Department contract termination,5 a Bonneville Ad-
ministration powerline,6 Forest Service management of National
Forests,7 Department of Agriculture use of the pesticide Mirex
against fire ants,8 Corps of Engineers water resource projects,9 a
Corps of Engineers permit action,10 a Farmers' Home Administra-
tion loan,11 and a Justice Department grant for a prison facil-
ity.12 Although one decision, arising from a somewhat special set
of circumstances, states that NEPA does not impose court-
enforceable duties,13 the great bulk of district court decisions
have allowed citizens to enforce the "102" procedure.
In a number of early cases, the Federal activities challenged
had been commenced prior to the enactment of NEPA, and the
question arose whether the "102" procedure applied to them. In
several instances, the courts held that it did, because there re-
mained further major Federal actions to which the procedure
could be applied.14 In other instances, courts ruled that the pro-
cedure did not apply because all significant Federal decisions
with respect to the activity were made before NEPA took effect.15
Significantly, several district court NEPA decisions indicate
that the courts will do more than just determine whether the
required impact statement has been filed. They will also review
whether agency compliance with the necessary analytical proce-
dures is adequate.16 In this review the courts have taken evidence
from the plaintiffs on the environmental impact of, and alterna-
tives to, a proposed action. These aspects of NEPA will receive
more definitive interpretation as NEPA cases move into the Fed-
eral appellate courts.
NEPA has a further important effect through its requirement
in section 102(1)—that "the policies, regulations, and public laws
of the United States shall be interpreted and administered in
accordance with the policies set forth in this Act." That section
arms Federal agencies with the authority and duty to exercise
their powers to promote environmental ends. In a leading case,
Zabel v. Tabb,11 the Corps of Engineers denied a permit, on eco-
logical grounds, to a developer who wished to fill a portion of
Florida's Boca Ciega Bay for a trailer park. A Federal district
court held that the Corps could deny a permit only to protect
navigation, which was the original concern of the permit statute.
However, the Court of Appeals for the Fifth Circuit reversed the
decision, relying in part on the conclusion that NEPA "essen-
tially states that every Federal agency shall consider ecological
factors when dealing with activities which may have an impact
on man's environment." 1S
A second key case, Calvert Cliffs,10 involved Atomic Energy
-------
GUIDELINES AND REPORTS 2815
Commission (AEC) responsibility under NEPA to consider envi-
ronmental factors beyond radiological health and safety in nu-
clear plant licensing. Although AEC began applying procedures
for considering environmental factors after March 1971, the Fed-
eral appeals court was not satisfied. It criticized AEC for not
implementing such procedures earlier and for the limitations
built into them. The court ordered the Commission to conduct
an environmental review of the Calvert Cliffs plant already under
consruction on Chesapeake Bay, for which a license had been
granted.
Other agencies now include environmental considerations in
exercising their regulatory authority. The Coast Guard now con-
siders land use and pollution factors when it reviews bridge per-
mit requests. And the Interstate Commerce Commission considers
what freight rates for scrap metal will do to the economics of re-
cycling. The Securities and Exchange Commission is moving to
require that corporate reports now include environmental infor-
mation. NEPA also buttresses the President's decision to institute
a Corps of Engineers permit program to enforce water quality
standards under the Refuse Act of 1899.
NEPA is the major statutory lever for environmental quality
in Federal Government actions. But it is neither the first nor
the only one.
The Congress, more and more in recent years, has enacted en-
vironmental protection laws aimed at particular Federal pro-
grams. Some of these predate NEPA and served as models for its
broader directives. All of them apply some safeguard against
environmentally adverse decisions in specific programs. And many
of the key court decisions to protect environmental values are
based on them. (For relevant sections of these environmental
protection provisions, see the appendix to this chapter.)
Section 4(f) of the Department of Transportation Act of 1966 20
broadly protects public parks, wildlife refuges, and historic sites
against encroaching federally approved transportation projects.
It prohibits such encroachment unless there is no feasible and
prudent alternative and unless the project is shaped to minimize
harm to the environment. The Supreme Court this year in Citi-
zens to Preserve Overton Park v. Volpe,21 citing the strong con-
gressional policy against encroachment upon parkland expressed
in section 4(f), ruled:
The few green havens that were public parks were not to be lost unless
there were truly unusual factors present in a particular case or the cost or
community disruption resulting from alternative routes reached extraordinary
magnitudes.
The Fish and Wildlife Coordination Act,22 as amended in
1958, bars water resource projects undertaken by a Federal
agency, or with a Federal permit, from running roughshod over
wildlife. It requires that wildlife be given "equal consideration"
-------
2816 LEGAL COMPILATION—GENERAL
with other aspects of water resource development. It further re-
quires that Interior's Fish and Wildlife Service and State wild-
life agencies be consulted prior to project approval. In its 1970
decision in Zabel v. Tabb,23 the Court of Appeals for the Fifth
Circuit ruled in effect that a Federal agency could deny or con-
dition a permit if the action threatened wildlife. The Court
observed:
Common sense and reason dictate that it would be incongruous for Congress,
in light of the fact that it intends conservation to be considered in private
dredge and fill operations . . . not to direct the only Federal agency concerned
with licensing such projects both to consult and to take such factors into
account.
The Wilderness Act24 establishes a National Wilderness Pres-
ervation System of Federal lands and legally protects it against
inroads. The Act itself puts certain Federal lands within the
System and creates a mechanism to review further tracts in the
National Forests, National Parks, and National Wildlife Refuges
for the same protection. Over 10 million acres have been set
aside as wilderness so far. President Nixon has recommended 3
million acres more for congressional approval. In Parker v.
United States,2^ a Federal district court barred the sale of lumber
rights in a relatively untouched tract of a National Forest—until
a study is completed and the wilderness character of the tract
determined.
The Federal Power Act26 requires the Federal Power Commis-
sion to insure that any dam or related project for which it issues
a license be adapted to a comprehensive plan which considers
commerce, water power, and "other beneficial public uses, includ-
ing recreational purposes." In Scenic Hudson Preservation Con-
ference v. FPC,27 local groups challenged licensing of the Storm
King powerplant on the Hudson River. They argued that the
FPC had failed to consider the plant's impact on the scenic
beauty of the river. The Second Circuit Court held that "recrea-
tional purposes" includes conservation of natural resources and
maintenance of natural beauty. It directed the FPC to reconsider
the application with an eye to these factors and to possible alter-
natives to the project. Two years later, in Udall v. FPC,2S the
Supreme Court gave the statute the same reading and overturned
a license for the High Mountain Sheep Dam on the Snake
River—because the FPC failed to consider, among other things,
its impact on fish and wildlife and the relative desirability of
private and Federal development.
Section 1 of the National Park Service Act2S is another poten-
tially important piece of environmental protection legislation. It
requires that park areas be kept "unimpaired" for future enjoy-
ment. The National Historic Preservation Act of 1966 30 is an-
other. It establishes a register of historic places and requires
consultation prior to any Federal action potentially damaging to
-------
GUIDELINES AND REPORTS 2817
them. The Multiple Use-Sustained Yield Act of I96031 is still
another. It directs the Forest Service to combine environmental
and economic purposes in administering the National Forests.
A growing number of other environmental protection provi-
sions have yet to go before the courts. The most recent are: sec-
tion 136 of the Federal-Aid Highway Act of 1970,32 requiring
that final decisions on Federal-aid highway projects reflect en-
vironmental factors to be outlined by the Secretary of Transpor-
tation; section 16(c)(4) of the Airport and Airway Development
Act,33 prohibiting Federal approval of airport projects that hurt
the environment except under stringent conditions; and section
14 of the Urban Mass Transportation Act of 1964, as amended,34
requiring a detailed statement of environmental impact plus
public hearings prior to project approval.
The court decisions on environmental protection legislation
have had and will have a much more lasting impact than merely
clarifying particular legislation. Scenic Hudson, by placing a
positive responsibility on the FPC to consider less environmen-
tally damaging alternatives, laid a foundation for the obligation
to develop alternatives imposed by NEPA. Overtoil Park, Parker,
Zabel v. Tabb, Scenic Hudson, and Udall v. FPC confirm that
courts will apply congressional expressions of environmental
policy to overturn agency actions when environmental values are
not adequately considered, or, conversely, to uphold agency au-
thority to take action based on these values.
federal pollution control—new legal techniques
New legal techniques of pollution control have accompanied
tighter Federal pollution control standards. The Congress has
authorized the Federal Government to set national standards of
its own for ambient air quality and for certain emissions—mov-
ing away from the former approach in which States set standards
based on Federal criteria. New provisions in the air pollution
laws and other proposed pollution control legislation signal a
change in the burden of proof. Now those discharging certain
materials into the environment will be required to show that
their actions will not be harmful, rather than the Government
having to prove the danger after the fact. Federal air and water
quality laws have been changed to place new legal restrictions
on pollution from Federal facilities. New legislation now permits
citizens to augment Government enforcement (see Chapter 1) by
suing polluters in Federal court if they do not meet Federal-
State air quality standards. Finally, the Federal Government is
strongly backing international efforts to control marine pollution.
national antipollution standards—Nationwide controls have pre-
viously existed on pollution from certain mobile sources—motor
vehicles, aircraft, and vessels—and pesticides and radiation. Fed-
-------
2818 LEGAL COMPILATION—GENERAL
eral control over mobile sources is necessary because no State or
local government or individual can protect against environ-
mental degradation from a moving source without creating an
unacceptable burden on commerce. Pesticides and radiation have
been subjected to nationwide controls because they are inher-
ently dangerous.
The Clean Air Amendments of 1970 35 set a variety of legal
precedents. In the past, air pollution was regulated primarily in
airsheds by State and local authorities. The Clean Air Act au-
thorized national standards. The Act calls for national air qual-
ity standards on certain pollutants designated by the Environ-
mental Protection Agency (EPA). It sets a deadline for primary
standards—those designed to protect health. Significant new
sources of air pollution, such as new powerplants and smelters,
and both new and old sources of hazardous air pollutants will
fall under national emission standards. The President's water
pollution control legislation sent to the Congress also calls for
national effluent standards on hazardous materials.36
Federal authority was also extended to include every area of
the Nation under the requirements of the Clean Air Act.37 Simi-
lar extension is requested in the Administration's proposed
water pollution legislation. That legislation would require that
the States or EPA establish water quality standards for all intra-
state as well as interstate waters—and would give EPA new mus-
cle to enforce them. Current Federal law requires federally ap-
proved water quality standards on interstate waters only and
authorizes Federal enforcement ordinarily only when pollution
from one State damages the health and welfare of citizens in
another.
burden of proof—on the polluter—The Clean Air Amendments
of 1970 38 are an example of a recent shift in burden of proof in
pollution control. Once the EPA Administrator tags an air pol-
lutant as hazardous, he may, after giving notice, publish emission
standards. Then any objector must establish "that such pollutant
clearly is not a hazardous air pollutant." When EPA believes
that an air pollutant is a health hazard, industry must either
comply with the emission standards or prove that the hazard
does not exist.
The Administration's proposed bill to regulate ocean dump-
ing 39 further illustrates this new approach to burden of proof.
The bill would place the burden on the applicant for a dump-
ing permit. He would be obliged to show that the proposed
dumping will not unreasonably degrade or unreasonably en-
danger human health or other specified environmental values.
The Administration's proposed Toxic Substances Control
Act40 would require industry to perform tests prescribed by the
Administrator of EPA prior to marketing any new chemical sub-
stance. The Administrator could request information on the
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GUIDELINES AND REPORTS 2819
results of these tests. Based on EPA's analysis of the tests or other
information, it could ban or prohibit uses of a chemical sub-
stance if necessary to protect human health or the environment.
abatement of pollution from federal facilities—The Congress
has enacted into law the policy of an earlier Executive Order
aimed at pollution from Federal facilities. It amended both the
Federal Water Pollution Control Act41 and the Clean Air Act42
to make Federal facilities fall in line with air and water quality
standards. In addition, the new vessel sewage control provisions
in the Federal Water Pollution Control Act were made to apply
to Federal vessels. 43
The Clean Air Amendments also limit the exemptions that
may be granted. No exemption is now permitted from the per-
formance standards set for new stationary sources, and hazardous
emission standards may be postponed only if the technology is
lacking or if the polluting operation is necessary to the national
security.44 No exemption may be granted on the basis of lack of
an appropriation unless the President "shall have specifically re-
quested such appropriation . . . and the Congress shall have
failed to make available such requested appropriation."Vl By
expressly waiving sovereign immunity, the Amendments also per-
mit State or local government—or citizens—to enforce Clean Air
Act rules against Federal facilities.4"
citizen enforcement of pollution standards—Citizens may sue
to enforce air pollution standards against Government and pri-
vate entities. In the Clean Air Amendments, the Congress set a
major precedent when it created this power of citizen enforce-
ment.47
Concurring that citizen enforcement suits can provide a valua-
ble supplement to Federal enforcement efforts in areas in which
clearly established Federal or Federal-State pollution control
standards exist, the Administration has proposed that similar
provisions be added to the Federal Water Pollution Control
Act.48
international controls over marine pollution—Just as Federal
antipollution laws are trending strongly toward nationwide
standards and enforcement, there is now movement to set certain
international controls. These first international measures relate
to marine pollution.
The Torrey Canyon stranding dramatically spotlighted oil
spills—both large and small—and spurred international efforts
to prevent and cope with oil pollution. President Nixon has for-
warded three treaty actions on this subject to the Senate.49 And
the United States, together with other nations, is actively pursu-
ing efforts to secure other international agreements. The U.N.'s
Intergovernmental Maritime Consultative Organization (IMCO),
NATO's Committee on the Challenges of Modern Society, and
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2820 LEGAL COMPILATION—GENERAL
the U.N.'s 1972 Conference on the Human Environment all have
important marine pollution control items on their agendas.
The Administration's proposed legislation on ocean dump-
ing 50 would order the Secretary of State to "seek effective inter-
national action and cooperation" to support the policy of that
Act. In 1972, the U.N. Conference on the Human Environment
at Stockholm may consider an international agreement on ocean
dumping. The International Seabeds Convention, proposed by
the United States, also contains environmental control provi-
sions.
Finally, the United States and Canada are negotiating a bi-
lateral agreement to control pollution of the Great Lakes. The
agreement would establish common water quality objectives for
the Lakes to be overseen by the International Joint Commis-
sion.51
citizen checks on agency action affecting the
environment—the law responds
The ability of citizens and citizen groups to make their views
known and to participate in government decisionmaking on the
environment is critically important. Often individuals and
groups can contribute data and insights beyond the expertise of
the agency involved. In some cases, citizen groups are seeking—
and making—significant changes in agency policy.
There has been a marked expansion in citizen rights to know
about, to participate in, and ultimately to challenge Federal
agency actions, particularly those affecting the environment. This
new citizen's role has evolved in many different forums. The
courts have contributed—through new interpretations of such
existing laws as the Freedom of Information Act and the Admin-
istrative Procedure Act. And a variety of administrative agencies
have instituted procedural changes to implement NEPA.
The new openness to citizen involvement is bound to check,
stimulate, and test future Federal agency activities. Citizen con-
cern cannot substitute for assumption of environmental respon-
sibilities by government and industry. Nor can it provide the
mechanism to resolve the many policy issues involved. What it
can provide, however, is a highly potent quality control and
"feedback." This citizen role has been greatly developed in the
last year and a half.
the citizen's right to know—The Freedom of Information Act,52
passed in 1966, predates the upwelling of citizen environmental
action. It laid down a general rule that all agency data must be
available to the public, with certain exceptions, and is basic,
therefore, to public availability of environmental data. The ex-
ception most likely to enter into environmental controversies
permits agencies to refuse to disclose any internal papers with
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GUIDELINES AND REPORTS 2821
opinions or advice on matters of policy. But in a recent decision
on whether the public could see a scientific report on the SST,
a U.S. court of appeals held that the exemption does not protect
"purely factual or investigatory reports." 53 Factual information
is exempted "only if it is inextricably intertwined with policy-
making processes." Read thus, the Act should open to the public
factual studies and analyses of environmental issues used by Fed-
eral agencies in preparing environmental impact statements, as
well as the statements themselves.
NEPA recognizes the importance of public access as a force for
corrective action. It does so by requiring public availability of
environmental impact statements and of agency comments, re-
gardless of whether they contain advice on matters of policy. An
Executive Order and the guidelines issued by the Council on
Environmental Quality have both implemented this policy. Ex-
ecutive Order 11514, of March 5, 1970, directs Federal agencies
to maximize public information about environmentally signifi-
cant programs so that the public's views can be considered.54 The
Council guidelines generally require that draft and final environ-
mental impact statements be available to the public for mini-
mum periods of 90 and 30 days, respectively, before the agency
acts.55 The guidelines also require that draft statements be made
public at least 15 days before hearings. As described in Chapter
1, various channels of distribution are being set up to make the
environmental impact statements and agency comments more
easily available to the public.
Section 309 of the Clean Air Act,56 added in 1970, gives the
public an additional right to information on the environmental
aspects of Federal action. It requires the Administrator of EPA
to comment on any proposed legislation, regulation, or agency
action affecting air or water quality, pesticides, solid waste dis-
posal, radiation, or noise control. These comments must be pub-
licly available in writing at the end of EPA's review.
Together, these legal provisions greatly expand the citizen's
right to the environmental information on which proposed Gov-
ernment actions are based. Opening the decisionmaking process
to public scrutiny should help insure thaf Federal agencies act in
the public interest. It should also guarantee that actions not re-
sponsive to the national environmental goals set in NEPA re-
ceive timely attention.
the citizen's right to participate—Citizens and citizen groups
have obtained ever increasing rights and opportunities to par-
ticipate meaningfully in Federal agency decisionmaking. The
extent of participation varies considerably, depending chiefly on
whether the agency determination is made formally or inform-
ally. Formal procedures are prescribed by the Administrative
Procedure Act (APA)57 and by similar provisions in other acts.
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2822 LEGAL COMPILATION—GENERAL
A wide variety of Government decisions are made informally,
without legislatively set procedures.
NEPA has enhanced the citiien's possible role, whether or not
statutory formalities apply to the agency action. It ensures more
detailed and easily available notice to citiiens of environmental
issues. It permits the public to focus on the agency's environ-
mental findings and conclusions through the environmental
impact statement.
formal proceedings under the «p«—The Administrative Pro-
cedure Act defines and prescribes procedures for two types of
formal agency proceedings: adjudications and rulemaking.18 An
adjudication is a formal process in which the agency's decision
must be made on the record of a hearing similar to a trial. Par-
ties to the proceeding are allowed to submit evidence, rebut
opposing evidence, and cross examine opposing witnesses. Ex-
amples of agency adjudications are: the assessment by the Coast
Guard of a civil penalty against a person who knowingly dis-
charges oil into U.S. navigable waters, contrary to the Federal
Water Pollution Control Act;** and the refusal by the Environ-
mental Protection Agency to register a new pesticide for a par-
ticular use under the pesticide laws.** The agency must provide
a statement of "findings and conclusions, and the reasons or
basis therefor," on all issues involved. The decision can be re-
viewed and set aside by a court if the record does not contain
substantial evidence to support it.*1
The public's right to participate in adjudications has received
wide recognition. The APA leaves the agencies free to decide
who may participate in the proceedings. Initially, agencies lim-
ited participation to persons who would be the direct objects of
the agency action or regulation. Spurred by a 1966 landmark
Federal circuit court decision in Church of Christ v. FCC,62
emphasizing agency obligations to take cognizance of a wider
spectrum of public interests, the agencies that conduct APA
adjudications have, by and large, considerably expanded public
participation.
Rulemaking is the agency process for formulating, amending,
or repealing a rule. It involves major Federal regulations, such
as EPA's setting air and water quality standards. Because of the
broad and pervasive nature of rulemaking, participation in de-
veloping agency rules is a key opportunity for citizen input into
Government decisions.
The APA requires an agency generally to give advance notice
of rulemaking in the Federal Register. Then the agency must
allow 30 or more days between the notice and adoption of a rule.
During this time, any interested person may "participate in the
rulemaking through submission of written data, views, or argu-
ments." The agency may hold an informational hearing but
need not unless required by another statute.*3 An interested per-
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GUIDELINES AND REPORTS 2823
son does not have to depend on the agency to initiate action. He
may "petition for the issuance, amendment, or repeal of a rule." 64
An agency's failure to act on such a petition is an "agency ac-
tion" reviewable in court.65
When an adjudication or a rulemaking falls within section
102(2)(C)'s requirement for an environmental impact statement,
NEPA strengthens the citizen's right to present relevant environ-
mental information to the agency. It has also increased the
amount of detailed environmental information that must be in-
cluded in the advance notice.
determinations made informally—Thousands of Federal
agency determinations take place without the formalities of
adjudications or rulemaking. These include the day-to-day de-
cisions of a Federal agency as well as performance of specific
duties—such as consulting under the National Historic Preser-
vation Act of 1966.66 The APA does riot specify procedures for
these decisions but merely provides for court review. Generally
no law requires a public hearing, but in some instances agencies
hold an informational hearing on their own initiative.
When a hearing is held, citizens may object and make sugges-
tions. For example, an interested person may testify at the pub-
lic hearings held by the Corps of Engineers for proposed water
resource projects. Agency practices, however, are not yet uniform
in notifying the public of hearings.
Traditionally, citizens have had particularly little voice in the
innumerable decisions made by agencies without public hearings.
In the past, Defense Department decisions on the ocean disposal
of surplus munitions and many Interior Department decisions to
grant mineral leases on Federal lands have been made without
public notice and without any means, other than by letter, for
citizens to be heard.
NEPA'S requirements are particularly important in informal
agency decisions. Without APA proceedings or other public
hearings, the environmental impact statement is the only way the
public can learn of an impending action—or of the environ-
mental issues raised. Even more important, NEPA and the
Council's revised guidelines require agencies, when appropriate,
to consider the comments of citizens as well as those of govern-
ment agencies.67 Another effect of NEPA and the Executive
Order which implements it is its influence on agencies to hold
hearings when they would not otherwise have done so.
the citizen's right to challenge in court—One of the most strik-
ing and significant developments in environmental law is the
right of citizens to take to court Federal agency actions affecting
the environment. NEPA and other laws require agencies to con-
sider the environment in their actions. And citizens are now
initiating lawsuits when they believe an agency has failed to do
that.
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2824 LEGAL COMPILATION—GENERAL
The citizen's success in challenging an agency decision depends
in part on a number of legal doctrines that limit court interven-
tion in agency affairs. These doctrines determine the citizen's
standing to bring suit. They regulate the extent to which a
court may review an agency decision. They determine the evi-
dence the court may consider beyond that developed by the
agency. And they dictate whether the plaintiff must participate
in the agency decision before seeking court review. Citizen suits
to protect the environment are bringing evolution in all of these
doctrines.
Standing—Citizens do not automatically have standing to seek
review of agency decisions in court. In the past, lack of standing
has been a significant impediment to a citizen's right to chal-
lenge Federal agency actions. The law generally allows only per-
sons who are "aggrieved" by agency action to seek court review.68
Several court review provisions give standing to "aggrieved" per-
sons, and despite earlier uncertainty, the courts have concluded
that the APA permits "aggrieved" persons to seek review of
agency actions in almost every case in which a specific review
provision is lacking.69
The Supreme Court, in Data Processing Service v. Camp,70
recently held that to be "aggrieved," a person must have suffered
"injury in fact" from the agency action, and the interest he seeks
to assert must be an interest intended to be protected by the
specific statute invoked. Environmental plaintiffs have usually
been successful in meeting both requirements.
In Data Processing, the Court did not clearly define "injury
in fact." But it did stress that the injury need not be economic
but may be "aesthetic, conservational or recreational." This may
mean that any responsible citizen or group may sue to protect
an environmental resource, such as a recreational area, that exists
for the benefit of the public.
Three U.S. Courts of Appeals, for the Second, Fourth, and
District of Columbia Circuits, seem to have reached this con-
clusion.71 The Second Circuit concluded "that the public inter-
est in environmental resources ... is a legally protected interest
affording these [environmental groups] . . . standing to ob-
tain judicial review of agency action . . . ." 72 On the other
hand, the Ninth Circuit, in Sierra Club v. Morton 73 (known as
the Mineral King case), refused to permit the Sierra Club to sue
to protect Sequoia National Park. It did so because neither the
Club nor its members had property threatened by the action and
the Club's status as an organization was not threatened. In a
later decision,74 the Ninth Circuit refused to permit an environ-
mental group to sue to protect San Francisco Bay on the same
grounds. The court, however, did permit individual members of
the organization to stay in the suit. The conflict between the
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GUIDELINES AND REPORTS 2825
courts of appeals will be resolved when the Supreme Court re-
views the Mineral King case in the fall of 1971.
The Ninth Circuit's rule that citizen groups lack a sufficient in-
terest to sue to enforce environmental laws threatens to leave
such enforcement exclusively to Government—whose actions may
on occasion conflict with those laws. As the Federal District Court
for Alaska has noted, denying citizen groups standing to raise
environmental issues "would have the practical effect of pre-
empting many meritorious actions, as one individual, or a small
number of individuals, would have to sustain the entire finan-
cial burden of the lawsuit." The costs of effective litigation are
so high that "few members of the general public will have
resources or courage to face such odds for the sake of vindicating
a right to which all are entitled as a matter of law." 75
Because environmental lawsuits are usually brought under
statutes clearly intended to protect environmental values, they
easily meet the protected-interest test of Data Processing. Citizen
groups have successfully won standing not only under NEPA
but also under the Federal Power Act, the Department of Trans-
portation Act, the Multiple Use-Sustained Yield Act, the Wilder-
ness Act, and Federal pesticide laws.70 Court decisions under
NEPA, which has a broadly stated environmental purpose,
indicate that virtually any environmental interest falls within
the protection of that Act.
court review of agency decisions—The courts do not hesitate
to review questions of law decided by Federal agencies. But tra-
ditionally they have deferred to the agency for determinations
of fact. As a general rule, particularly for informal decisions, the
courts overturn agency "factual" findings only if they are "arbi-
trary or capricious." T7 This rule makes it primarily the agencies'
job to find the basic, objective facts.
Interpreting facts is a subjective process, however. And an
agency's "factual" conclusions may involve weighing environ-
mental values against other policies important to the agency.
Recognizing this, the courts have recently begun to broaden
the meaning of "arbitrary or capricious." It now includes agency
decisions that disregard the policies of environmental laws.
In Overton Park, the Supreme Court confirmed this recent
trend to give greater bite to review under the arbitrary-or-
capricious test. Such review "is to be searching and careful,"
and action should be reversed when "there has been a clear
error of judgment." Although the Court also gave the reassur-
ance that the reviewing court "is not empowered to substitute
its judgment for that of the agency," its discussion indicated
that court review of the facts will be exacting.78
evidence outside the agency record—In reviewing an agency's
adjudication or formal rulemaking, the courts are required to
decide whether the agency record supports the agency action.79
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2826 LEGAL COMPILATION—GENERAL
If it does not, the action is set aside. If the agency failed to
consider relevant factors, the court directs it to consider evidence
and then to make a new decision. The citizen is not, however,
allowed to present new evidence to the court to discredit the
agency's decision.
An agency decision made without formal APA proceedings
may be backed by little or no written record to explain it.
So unless the court receives some evidence, it has little against
which to test the agency's action. By prodding the agency to
make a more complete record and by permitting the citizen to
submit his own evidence, the courts are making citizen review
more effective.
In Overton Park, the Court said that in reviewing informal
agency decisions, courts must examine the "full administrative
record" on which the agency acted. They cannot be satisfied
with after-the-fact "rationalizations" alone. When the record
does not disclose all the factors considered, the reviewing court
may require the responsible officials to explain their action.
The agencies thus are encouraged to produce thorough, con-
temporaneous written records backing their decisions.80
The Supreme Court did not discuss the extent to which a
plaintiff may submit his own evidence to discredit an agency
action. However, in cases under NEPA the lower courts have
freely admitted evidence bearing on the legality of action under
the Act. For example, evidence was admitted in Environmental
Defense Fund, Inc. v. Corps of Engineers" to show the inade-
quacy of the Corps' section 102 statement in considering the
danger posed for the environment by the Gillham Dam project.
In the recent Mirex case,82 the court received evidence on the
fire ant situation and determined that the Department of Agri-
culture's environmental study was adequate. Similarly, in Parker
v. United States,53 the court heard evidence to show that an
area was protected by the Wilderness Act until a study of its
wilderness character was finished.84 Further litigation will define
the limits of the citizen's right to introduce evidence that was
not considered by the agency.
exhaustion of administrative remedies—The citizen's ex-
panded right to challenge Federal agency decisions in court
complements his right to participate in agency decisions; to-
gether, they give him a new role in shaping the environmental
impact of government activity. However, the citizen may not
always be free to choose the stage at which to interject his
views. Generally, one who foregoes an opportunity to make his
claims before an agency cannot later go into court, because
he failed to "exhaust administrative remedies."
The reason for this rule is that failure to object to the agency
initially deprives it of the chance to consider the objections
and perhaps modify its action without judicial intervention.
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GUIDELINES AND REPORTS 2827
The exhaustion rule supports the form of decisionmaking cre-
ated by the Congress. By permitting the agency to make a
factual record, it also promotes more effective judicial review.85
The exhaustion requirement applies primarily when the
agency has followed formal procedures allowing for citizen
participation. However, it may apply more and more to in-
formal decisions now that citizens receive notice and can par-
ticipate. An example is the recent decision in Sierra Club v.
Harding There the Sierra Club challenged a Forest Service
timber sale in the Tongass National Forest. Although it knew
of the impending timber sale, the Club did not invoke Forest
Service procedures for protest and review, and the court there-
fore refused to consider its claims. Similarly, the Audubon So-
ciety was foreclosed from challenging Corps of Engineers permits
for dredging in Texas waters because it did not show that it had
objected to the appropriate agencies first.87
state law
State governments have responded to environmental problems
with a variety of legal innovations.
constitutional changes
Constitutional amendments are a fundamental form of ex-
pression of legal policy. A number of States have added environ-
mental protection provisions to their constitutions. Other States
are considering doing so. Some State constitutions already con-
tain provisions dealing with conservation of natural resources.
However, recent proposals focus on the individual's right to
environmental protection and raise the possibility of increased
resort to the courts to vindicate that right.
New York's constitutional amendment, effective January 1,
1970, was one of the first recent changes. Popularly called the
"Conservation Bill of Rights," it declares a State policy "to
conserve and protect its natural resources and scenic beauty."
It directs the State legislature to act to carry out that policy.
The amendment addresses legislative responsibility more than
individual rights, but another provision of the State constitution
permits citi/en suits to restrain its violation.88
A constitutional provision adopted by the Illinois electorate
in December 1970 is more directly oriented toward individual
rights and obligations. Besides declaring a state policy to protect
the environment, it provides that "[e]ach person has the right
to a healthful environment." The Illinois amendment authorizes
every person to sue to enforce this right against "any party,
governmental or private." The right is subject to reasonable
limitation and regulation by the State legislature.89
170
-------
2828 LEGAL COMPILATION—GENERAL
Pennsylvania's and Rhode Island's new constitutional amend-
ments also declare environmental "rights" in the people, but
they do not expressly authorize private suits.90 Amendments of
these several types are under consideration in a number of other
States.
Experience under these State constitutional amendments is
still too short to determine how well they work to protect the
environment. It is unclear whether the New York amendment
was intended to be enforceable by private citizens or merely
a declaration of policy to be implemented by the legislature.
Even where direct private enforcement is clearly contemplated,
as in Illinois, the courts may take years to define the constitu-
tionally protected rights. Despite these difficulties, support ap-
pears to be growing for writing environmental guarantees into
State charters.
environmental statements for state agency actions
Since enactment of NEPA, a number of State legislatures have
passed "action forcing" requirements similar to NEPA's envi-
ronmental impact statement requirement. At least four State
legislatures and the Commonwealth of Puerto Rico have estab-
lished such procedures.
In June 1970, only 6 months after passage of NEPA, the
Commonwealth of Puerto Rico enacted a law directing agencies
to consider the environment in their actions. It created an
environmental statement procedure identical to NEPA's.91 The
law also creates in the Governor's Office an Environmental Qual-
ity Board, which has both policymaking and regulatory au-
thority over air and water pollution, solid waste disposal, and
other environmental problems. The law also authorizes citizen
suits for violation of its regulatory provisions.
Montana enacted legislation in March 1971 that adopts the
environmental statement procedure of NEPA and creates a State
Environmental Quality Council.92 The Montana Council's role
differs from that of either the Federal Council or the Puerto
Rican body. Its 13 members include the Governor or his repre-
sentative, four gubernatorial appointees, and four members of
each house of the State legislature. It thus serves as a joint arm
of the executive and legislative branches to review and formu-
late State environmental policy. Legislation derived from NEPA
has also been enacted in California,93 Washington,94 and Dela-
ware 95 and is under consideration elsewhere.90
State government activities, no less than Federal, have far-
reaching, often unanticipated, environmental impacts. The re-
cent State statutes are new efforts to control those consequences.
Other States may be expected to make similar efforts—either
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GUIDELINES AND REPORTS 2829
by adopting the environmental statement mechanism or by de-
veloping new and and as yet untried procedures.
citizen suit legislation
State legislatures, like the U.S. Congress, have moved to bol-
ster the citizen's right to challenge activities detrimental to
the environment in court. The Michigan Environmental Pro-
tection Act of 1970 is one of the most publicized of these
measures.97 It authorizes any private or public entity to sue
any other private or public entity for equitable relief from
"pollution, impairment or destruction" of the "air, water, and
other natural resources and the public trust therein."
Like section 304 of the Federal Clean Air Act,98 the Michigan
Act eliminates the defenses of lack of standing and sovereign
immunity. However, although the Federal law provides a mech-
anism for private citizens to enforce antipollution standards
established by Government agencies, the Michigan statute takes
a different approach. It directs State courts to develop a com-
mon law of environmental degradation through case-by-case
definition of "pollution, impairment or destruction" of the envi-
ronment. Antipollution standards fixed by State agencies can
be challenged. If found deficient, they may be replaced by a
court-ordered substitute.
Both the Michigan Act and section 304 of the Federal Clean
Air Act affirm the importance of the citizen's role before the
courts. However, the Michigan Act transfers to the courts much
of the standard-setting authority traditionally exercised by the
other two branches of government. It thus places this authority
in the branch most insulated from the elective process. In
contrast, the Federal provision reaffirms the role of Congress
and the executive in setting standards and enlists the citizen's
aid in enforcing those standards.
Legislation similar to the Michigan Act was passed recently
in Connecticut." New citizen suit statutes in Indiana and Min-
nesota, like the Federal provision, direct the courts to look to
the antipollution standards adopted by State agencies.100
invoking nuisance law
All States maintain programs to control air and water pollu-
tion under the Federal Clean Air Act and Water Pollution
Control Act. Yet many continue to provide alternative pollution
control remedies under older, court-evolved, common law doc-
trines. One of these, the law of public nuisance, has been used
more and more as an antipollution tool. A public nuisance is
generally denned as conduct causing "an unreasonable inter-
ference with a right common to the general public." 101 It may
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2830 LEGAL COMPILATION—GENERAL
be enjoined in a suit by State authorities or, in some cases,
by private citizens.
Resort to the public nuisance doctrine in the aftermath of
a 5-day air pollution crisis in Birmingham, Ala., during April
1971 is discussed in Chapter 2. There the State attorney general
sought an injunction against 13 major industrial corporations
to require them to curb their emissions within 6 months. He
charged that they endangered Birmingham citizens.
Public nuisance law arms State officials with an enforcement
tool free of cumbersome pollution control procedures. But it
has certain shortcomings that limit its effectiveness. Because
the concept of public nuisance is general and nonquantitative,
the courts have no way to assess permissible limits of polluting
activities. Rather, they must try to weigh the gravity of the
harm against the social utility of the defendant's conduct.102 In
nuisance cases involving pollution, the problem could be over-
come with pollution control standards as the measure of conduct
amounting to a nuisance.103
The courts now are being asked more and more to entertain
public nuisance suits brought by private citizens. Under the
common law, if all members of the community suffered equally,
none could sue. Their elected officials were expected to sue for
them—on behalf of the State. However, very recently, there have
been signs that the courts may permit private persons to sue
to abate a public nuisance when only prospective relief, and
not monetary damages, is sought.104 In a proposed study of the
law on this subject, the American Law Institute has noted that
this development is consistent with expanded concepts of the
standing of citizen groups generally.105
state suits in the supreme court
The U.S. Constitution empowers the Supreme Court of the
United States to exercise original (trial court) jurisdiction
over "all Cases, in Law and Equity . . . between a State and
Citizens of another State."106 The States have invoked this
authority rarely on pollution matters. But growing concern
about interstate pollution has triggered increased State interest
in this direct resort to the Supreme Court.
In the first of several recent cases, Ohio v. Wyandotte Chem-
icals Corp.,™7 Ohio sought an order to abate mercury pollution
of Lake Erie by several Michigan and Canadian chemical com-
panies. Ohio charged that this was a public nuisance. The
Supreme Court declined to adjudicate the case, explaining that
State courts were a more suitable and generally better equipped
trial forum. The Court also implied that current State, Federal,
and international government efforts to deal with mercury pol-
lution were "a more practical basis" for solving the problem
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GUIDELINES AND REPORTS 2831
than a nuisance action in any court. The Court's position on
the availability of its original jurisdiction in interstate pollution
matters may be further clarified in three other cases which it will
hear this fall.108
state authority to control land use
The States are growing more concerned about protecting the
public interest in valuable land resources. Chapter 2 describes
new State laws passed to provide this protection. As in Maine
and Vermont, these laws often increase restrictions on the way
private landowners use their property. They do this under
the authority of broad State "police powers" to protect the
general welfare. However, the Fifth and Fourteenth Amend-
ments to the U.S. Constitution forbid States to take property
for public purposes without paying the owner "just compensa-
tion." Landowners often challenge restrictions on their rights on
the basis that the regulations amount to a State "taking" of
property, which requires compensation. Obviously, the States
may be inhibited from pursuing new regulatory approaches if
the courts too freely find the new restrictions to be a "taking"
of property. The States cannot protect all critical areas and
control major development if they must compensate for—or
purchase—the land whose use they seek to regulate.
The Supreme Court upheld State authority to control land
use through general zoning in 1926.109 It has not yet ruled on
more modern land use control techniques. Although some State
courts have been skeptical,110 other recent decisions are giving
fairly broad latitude to States to channel private land use deci-
sions along State policy lines. For example, in 1970, a California
court upheld the power of the State's new Bay Conservation and
Development Commission to control filling of San Francisco
Bay.111 The Commission had refused to permit a corporation
to fill submerged land that it had purchased for disposal of
debris. The court rejected the corporation's claim that this
refusal amounted to a taking of its property. The court stressed
that the State law creating the Commission "clearly definefd]
the public interest in San Francisco Bay." It held that preven-
tion of filling was not an "undue restriction" on the landowner's
property rights.
Other forms of land use control present a similar problem.
For example, some States have tried to preserve open space by
requiring that subdividers dedicate a portion of each new de-
velopment to public recreational use. Landowners have chal-
lenged this type of measure, also, as a taking of property. A
recent decision by the California Supreme Court rejected such
a challenge. The developers insisted that a city ordinance de-
signed to preserve for park use 2y2 acres of land for each 1,000
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2832 LEGAL COMPILATION—GENERAL
new subdivision residents was a taking of property.112 The ordi-
nance required each subdivider either to dedicate a portion of
his tract or to pay a fee. The court held that because new sub-
divisions both increase city population and diminish available
open space, the city's measure was a legitimate way to maintain
a balance between population and park areas. The court im-
plied that the ordinance would be valid even if the new park
were not located near the subdivision.
Although too few to establish a trend, these decisions suggest
that the Fifth Amendment permits innovative land use control
without compensation when a clear State interest exists.
conclusions
Development of the law by itself cannot achieve environ-
mental quality. It will require concerted use of economic, scien-
tific, and management tools—along with application of law. But
the recent pace of development in the law's handling of envi-
ronmental issues has been encouraging. It is both a sign of
progress on environmental problems and evidence of the re-
sponsiveness of our legal system.
The successes of citizen participation in this development owe
much to the groundwork laid in other areas of public concern.
The experience of groups litigating for civil rights, consumer
protection, and other "public interest" issues set the stage for
environmental litigation. So did previous work in implementing
the Administrative Procedure Act and the Freedom of Informa-
tion Act. Also, what has been done to develop the concept of
citizen standing to present intangible concerns is highly relevant
to environmental litigation. In turn, environmental suits can
be expected to increase the effectiveness of other citizen public
interest litigation.
As in other areas of public concern, the organized legal pro-
fession is providing aid and guidance in the development of
environmental law. National and local bar associations have
spawned new committees to study, recommend, and testify be-
fore the Congress on environmental issues. Law schools have
broadened their curricula to include environmental law, and
new law students' organizations are devoting themselves to envi-
ronmental protection.
What is unique about current citizen environmental litigation
is that the considerable resources, nationwide attention, and
judicial receptivity accorded it have created, in effect, an "en-
vironmental ombudsman" for the Nation. Rather than creating
a new public officer to challenge official actions on environmental
issues publicly, citizen groups are now doing it themselves—and
are being effective. Legal developments have fostered this, and
the environment has stirred widespread public support as an
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GUIDELINES AND REPORTS 2833
issue. No other country has yet experienced this development.
In the United States, the process will lead to the most rigorous
probing of the environmental impacts of government action and
private action subject to governmental regulation.
The attention now given citizen litigation should not, how-
ever, be allowed to overshadow the need for systematic adminis-
trative action. Nor should it upstage the strides taken by the
Federal Government in controlling the environmental impact
of its own actions and in improving the regulation of pollution.
Nor can litigation be a substitute for legislative authority to
deal with the basic problems of air and water quality and
land use.
There are serious limits to what citizen litigation can do. The
courts, deciding only the particular cases that reach them, are
not in a position to develop coordinated policies or to provide
consistent implementation. Insulated from the elective process,
they are not equipped to develop standards responsive to public
preferences when values conflict.
Ultimately, government, to which NEPA and the other envi-
ronmental protection legislation assign clear responsibility, must
supply the responsive and systematic action needed for effective
environmental management. Undoubtedly this calls for major
reform in agency attitudes and procedures and difficult decisions
for legislatures. Citizen litigation makes its greatest contribu-
tion by forcing the pace of reform and by acting as one
quality control over government programs. Currently this liti-
gation helps compel agencies to come to grips with the need
for new environmental policies. And it fuels the move for more
open and responsive agency procedures and highlights the need
for comprehensive legislative solutions.
NEPA has brought about a basic policy commitment by the
Federal Government comparable to the Full Employment Act
of 1946,113 which created the Council of Economic Advisers,
upon which the Council on Environmental Quality was pat-
terned. It has also supplied tools for implementing that commit-
ment. Its environmental statement requirement has proved an
effective "action forcing" procedure. And its expansion of agency
authority to act on the basis of environmental considerations
is having steadily growing impact.
Important innovations in Federal and State environmental regu-
lation are taking place. At both the Federal and State levels,
the pace of new institutional development in environmental
management has quickened beyond expectation. The broadest
program of environmental legislation ever transmitted to the
Congress is now awaiting action.
The Court of Appeals for the District of Columbia recently
observed:
A new public sensitivity to issues of environmental protection has im-
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2834 LEGAL COMPILATION—GENERAL
posed new responsibilities on the courts, the legislature, and the adminis-
trative agencies.114
Recent developments in the law of environmental protection
indicate that all three branches are facing up to these responsi-
bilities.
footnotes
1. The full text of NEPA appears in Appendix A.
2. The full text of the Council's guidelines, as revised April 23, 1971,
appears in Appendix G.
3. E.g., Brooks v. Volpe, 319 F. Supp. 90 (W.D. Wash. 1970); Bucklein v.
Volpe, 2 ERC 1082, 1 ELR 20045 (N.D. Calif. 1970); Pennsylvania
Environmental Council v. Bartlett, 315 F. Supp. 238 (M.D. Pa. 1970).
4. Wilderness Society v. Hickel, 325 F. Supp. 422 (D.D.C. 1970).
5. National Helium Corp. v. Morton, 326 F. Supp. 151 (D. Kan. 1971).
6. Investment Syndicates, Inc. v. Richmond, 318 F. Supp. 1038 (D. Ore.
1970).
7. Sierra Club v. Hardin, 325 F. Supp. 99 (D. Alaska 1971); see also West
Virginia Highlands Conservancy v. Island Creek Coal Co., 441 F.2d
232 (4th Cir. 1971).
8. Environmental Defense Fund, Inc. v. Hardin, 325 F. Supp. 1401 (D.D.C.
1971).
9. Environmental Defense Fund, Inc. v. Corps of Engineers, 324 F. Supp.
878 (D.D.C. 1971); Environmental Defense Fund, Inc. v. Corps of
Engineers, 325 F. Supp. 728, 749 (E.D. Ark. 1971); Sierra Club v.
Laird, 1 ELR 20085 (D. Ariz. 1970).
10. Delaware v. Pennsylvania New York Central Transp. Co., 323 F. Supp.
487 (D. Del. 1971).
11. Texas Committee v. United States, 1 ERC 1303 (W.D. Tex.), dismissed
as moot, F.2d (5th Cir. 1970).
12. Ely v. Velde, 321 F. Supp. 1088 (E.D. Va. 1971), on appeal to the Court
of Appeals for the Fourth Circuit.
13. Bucklein v. Volpe, supra note 3.
14. E.g., Environmental Defense Fund, Inc. v. Corps of Engineers, 325
F. Supp. 728, 749 (E.D. Ark. 1971); Sierra Club \. Laird, supra note 9;
Texas Committee v. United States, supra note 11.
15. E.g., Pennsylvania Environmental Council v. Bartlett, supra note 3;
Elliott v. Volpe, 2 ERC 1498, 1 ELR 20243 (D. Mass. 1970); cf. Daly
v. Volpe, 2 ERC 1506, 1 ELR 20242 (W.D. Wash. 1971); Sierra Club
v. Hardin, supra note 7.
16. E.g., Wilderness Society v. Hickel, supra note 4; Environmental Defense
Fund, Inc. v. Corps of Engineers, 324 F. Supp. 878 (D.D.C. 1971);
Environmental Defense Fund, Inc. v. Corps of Engineers, 325 F.
Supp. 728, 749 (E.D. Ark. 1971); Environmental Defense Fund, Inc. v.
Hardin, supra note 8.
17. 430 F.2d 199 (1970), cert, denied, 39 U.S.L.W. 3360 (1971).
18. Id. at 211; see also Peterson, An Analysis of the National Environmental
Policy Act, 1 ELR 50035.
19. Calvert Cliffs' Coordinating Committee, Inc. v. AEC, No. 24, 839 (D.C.
Cir., decided July 23, 1971).
20. 49 U. S. C. §1653(f).
21. 401 U.S. 402 (1971).
22. 16 U.S.C. §§661, et seq.
23. 430 F.2d at 209; see also Udall v. FPC, 387 U.S. 428, 443-44 (1967).
24. 16 U.S.C. §§1131, et seq.
25. 1 ERC 1163 (D. Colo. 1970), on appeal to the Court of Appeals for the
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GUIDELINES AND REPORTS 2835
Tenth Circuit; see also West Virginia Highlands Conservancy v. Island
Creek Coal Co., supra note 7.
26. 16 U.S.C. §803(a).
27. 354 F.2d 608, 614 (2d Cir. 1965).
28. 387 U.S. 428 (1967).
29. 16 U.S.C. §1.
30. 16 U.S.C. §§470, et seq.
31. 16 U.S.C. §§528, et seq.
32. 23 U.S.C. §§109 (g)-(j).
33. 49 U.S.C. §1716(c)(4).
34. 49 U.S.C. §1610; see Primer for the Practice of Federal Environmental
Law, 1 ELR 50001 (1971).
35. P.L. 91-604, 91st Cong., 2d Sess. (December 31, 1970).
36. S. 1014, H.R. 5966, 92d Cong., 1st Sess. (1971).
37. 42 U.S.C. §§1857, et seq.
38. P.L. 91-604, 91st Cong., 2d Sess. (December 31, 1970).
39. S. 1238, H.R. 4247, H.R. 4723, 92d Cong., 1st Sess. (1971).
40. S. 1478, H.R. 5276, H.R. 5390, 92d Cong., 1st Sess. (1971).
41. 33 U.S.C. §1171(a).
42. 42 U.S.C. §1857f.
43. 33 U.S.C. §1163.
44. 42 U.S.C. §1857(c)(2).
45. 42 U.S.C. §1857f.
46. 42 U.S.C. §1857h-2.
47. Id.
48. Supra note 36.
49. Executive G, 91st Cong., 2d Sess. (May 20, 1970).
50. S. 1238, H.R. 4247, H.R. 4723, 92d Cong., 1st Sess. (1971).
51. For further discussion of international developments, see Chapter 1.
52. P.L. 89-554, as amended, 5 U.S.C. §552.
53. Soucie v. David, 2 ERC 1626, 1 ELR 20147 (D.C. Cir. 1971).
54. Executive Order No. 11514, 3 C.F.R. chap. II, at 104 (March 5, 1970).
55. CEQ, Guidelines §10(b), reproduced in Appendix G.
56. 42 U.S.C. §1857h-7.
57. Act of June 11, 1946, ch. 324, 60 Stat. 237, as amended and codified,
5 U.S.C. §§551, et seq.
58. 5 U.S.C. §§551(5), (7).
59. 33 U.S.C. §1161(b)(2).
60. 7 U.S.C. §§135, et seq.
61. 5 U.S.C. §706(2)(E).
62. 359 F.2d 994 (D.C. Cir. 1966) (opinion by Burger, J.).
63. 5 U.S.C. §553.
64. 5 U.S.C. §553(e).
65. 5 U.S.C. §551(13).
66. 16 U.S.C. §470f.
67. CEQ, Guidelines §6(a)(vii), reproduced in Appendix G.
68. 5 U.S.C. §702.
69. Data Processing Service v. Camp, 397 U.S. 150 (1970); Abbott Labora-
tories v. Gardner, 387 U.S. 136 (1967); Citizens Committee for the
Hudson Valley v. Volpe, 425 F.2d 97 (2d Cir.), cert, denied, 400 U.S.
949 (1970); Sierra Club v. Hardin, supra note 7; Road Review League
v. Boyd, 270 F. Supp. 650 (S.D.N.Y. 1967).
70. 397 U.S. 150 (1970).
71. Citizens Committee for the Hudson Valley v. Volpe, supra note 69;
West Virginia Highlands Conservancy v. Island Creek Coal Co.,
supra note 7; Environmental Defense Fund, Inc. v. Hardin, 428 F.2d
1093 (D.C. Cir. 1970).
72. Citizens Committee for the Hudson Valley v. Volpe, supra note 69,
at 105.
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2836 LEGAL COMPILATION—GENERAL
73. 433 F.2d 24 (9th Cir. 1970) (Hamley, J., dissented on the issue of
standing).
74. Alameda Conservation Association v. California, 2 ERG 1175, 1 ELR
20097 (1971).
75. Sierra Club v. Hardin, supra note 7, at 111.
76. See, e.g., Scenic Hudson Preservation Conference v. FPC, supra note 27;
Citizens to Preserve Overton Park v. Volpe, supra note 21; Sierra
Club v. Hardin, supra note 7; Parker v. United States, supra note 25;
Environmental Defense Fund, Inc. v. Ruckelshaus, 439 F.2d 584 (D.C.
Cir. 1971).
77. 5 U.S.C. §706(2)(A).
78. See also Environmental Defense Fund, Inc. v. Ruckelshaus, supra
note 76.
79. 5 U.S.C. §706(2)(E).
80. Supra note 21; see also Environmental Defense Fund, Inc. v. Hardin,
supra note 71, at 1099-100.
81. 325 F. Supp. 728, 749 (E.D. Ark. 1971).
82. Environmental Defense Fund, Inc. v. Hardin, supra note 8.
83. Supra note 25.
84. See also Sierra Club v. Hardin, supra note 7, at 124.
85. McGee v. United States, 39 U.S.L.W. 4571 (U.S. 1971).
86. Supra note 7, at 115-17.
87. National Audubon Society v. Johnson, 1 ERC 1709 (S.D. Tex. 1970).
88. N.Y. Const., Art. XIV, §§4, 5.
89. Pa. Const, art. 1, §27 (approved by electorate May 18, 1971, but not yet
certified); 111. Const., Art. XI, §§1, 2, effective January 1, 1972.
90. Rhode Island Const. §17, adopted November 3, 1970.
91. Public Environmental Policy Act, Law No. 9, [1971] Puerto Rico Laws
(Senate Law 258 and 703), June 18, 1970.
92. Montana Environmental Policy Act, Ch. 238, [1971] Montana Laws
(House Bill 66), March 9, 1971.
93. Cal. Public Resources Code §§21000 et seq.
94. Ch. 109, [1971] Washington Laws (Senate Bill 545), Aug. 9, 1971.
95. Ch. 70, Title 7, [1971] Delaware Laws (House Bill 300), June 28, 1971.
96. E.g., Calif. Assembly Bill 1056, introduced Mar. 18, 1971 (bill to modify
existing California statute); Mass. House Bill 5144, introduced Mar. 10,
1971.
97. Mich. Stat. Ann. §§14.528(201), et seq., reprinted in 1 ELR 43001.
98. 42 U.S.C. §1857h-2^
99. House Bill No. 5037, [1971] Conn. Laws, May 9, 1971.
100. Senate Enrolled Act 345, [1971] Ind. Laws; Minnesota Environmental
Rights Act, Ch. 952, [1971] Minn. Laws (S.F. No. 418), June 7, 1971.
101. American Law Institute, Restatement (Second) of the Law of Torts
§821B(1) (Tent. Draft No. 17, April 26, 1971).
102. American Law Institute, supra note 101, §821B comment e.
103. Note, Water Quality Standards in Private Nuisance Actions, 79 Yale L.J.
102 (1969).
104. E.g., Miami v. Coral Gables, 1 ERC 1184 (Fla. Dist. Ct. App. 1970);
American Law Institute, supra note 101, §821C.
105. American Law Institute, supra note 101, §821C comment j.
106. U.S. Const., Art. HI, §2; Eleventh Amendment; see also 28 U.S.C.
§1251(b).
107. 39 U.S.L.W. 4323, 2 ERC 1331, 1 ELR 20124; see also Comment, 1 ELR
10038 (U.S. 1971).
108. Illinois v. Milwaukee, 49 Orig.; Vermont v. New York, 50 Orig.; Wash-
ington v. General Motors, 45 Orig., 39 U.S.L.W. 3486 (U.S. 1971); see
also Comment, 1 ELR 100118.
109. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926).
110. E.g., MacGibbon v. Duxbury, 1 ERC 1122 (Mass. Sup. Jud. Ct. 1970);
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GUIDELINES AND REPORTS 2837
Bartlett v. Zoning Commission, 2 ERC 1684, 1 ELR 20177 (Conn. Sup.
Ct. 1971).
111. Candlestick Properties, Inc. v. San Francisco Bay Conservation and
Development Commission, 2 ERC 1075 (Cal. Dist. Ct. App. 1970).
112. Associated Home Builders v. Walnut Creek, 484 P.2d 606, 94 Cal. Rptr.
630, 2 ERC 1490, 1 ELR 20223 (1971).
113. 15 U.S.C. §§1021-25.
114. Welford v. Ruckelshaus, 2 ERC 1123, 1125, 1 ELR 20065, 20067 (1971).
appendix
selected environmental protection legislative provisions 1
section 4(f) of the department of transportation act,
49 u.s.c. 1653(f)
SEC. 4. (f) It is hereby declared to be the national policy that special effort
should be made to preserve the natural beauty of the countryside and
public park and recreation lands, wildlife and waterfowl refuges, and historic
sites. The Secretary of Transportation shall cooperate and consult with the
Secretaries of the Interior, Housing and Urban Development, and Agri-
culture, and with the States in developing transportation plans and programs
that include measures to maintain or enhance the natural beauty of the lands
traversed. After August 23, 1968, the Secretary shall not approve any program
or project which requires the use of any publicly owned land from a public
park, recreation area, or wildlife and waterfowl refuge of national, State, or
local significance as determined by the Federal, State, or local officials having
jurisdiction thereof, or any land from an historic site of national, State,
or local significance as so determined by such officials unless (1) there is no
feasible and prudent alternative to the use of such land, and (2) such program
includes all possible planning to minimize harm to such park, recreational
area, wildlife and waterfowl refuge, or historic site resulting from such use.
sections 1, 2(a), (b) of the fish and wildlife coordination act,
16 u.s.c. 661, 662(a), (b)
SEC. 1. For the purpose of recognizing the vital contribution of our wild-
life resources to the Nation, the increasing public interest and significance
thereof due to expansion of our national economy and other factors, and to
provide that wildlife conservation shall receive equal consideration and be
coordinated with other features of water-resource development programs
through the effectual and harmonious planning, development, maintenance,
and coordination of wildlife conservation and rehabilitation for the purposes
of this Act in the United States, its Territories and possessions, the Secretary
of the Interior is authorized (1) to provide assistance to, and cooperate with,
Federal, State, and public or private agencies and organizations in the de-
velopment, protection, rearing, and stocking of all species of wildlife,
resources thereof, and their habitat, in controlling losses of the same from
disease or other causes, in minimizing damages from overabundant species, in
providing public shooting and fishing areas, including easements across
public lands for access thereto, and in carrying out other measures necessary
to effectuate the purposes of this Act; (2) to make surveys and investigations
of the wildlife of the public domain, including lands and waters or interests
therein acquired or controlled by any agency of the United States; and (3) to
accept donations of land and contributions of funds in furtherance of the
purposes of this Act.
1 Federal law contains many provisions guiding Government action with respect
to the environment. This appendix includes only a selection of the important provi-
sions cited in the text.
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2838 LEGAL COMPILATION—GENERAL
SEC. 2. (a) Except as hereafter stated in subsection (h) of this section, when-
ever the waters of any stream or other body of water are proposed or author-
ized to be impounded, diverted, the channel deepened, or the stream or
other body of water otherwise controlled or modified for any purpose what-
ever, including navigation and drainage, by any department or agency of the
United States, or by any public or private agency under Federal permit or
license, such department or agency first shall consult with the United States
Fish and Wildlife Service, Department of the Interior, and with the head
of the agency exercising administration over the wildlife resources of the
particular State wherein the impoundment, diversion, or other control
facility is to be constructed, with a view to the conservation of wildlife
resources by preventing loss of and damage to such resources as well as pro-
viding for the development and improvement thereof in connection with
such water-resource development.
(b) In furtherance of such purposes, the reports and recommendations of
the Secretary of the Interior on the wildlife aspects of such projects, and any
report of the head of the State agency exercising administration over the
wildlife resources of the State, based on surveys and investigations conducted
by the United States Fish and Wildlife Service and such State agency for
the purpose of determining the possible damage to wildlife resources and
for the purpose of determining means and measures that should be adopted
to prevent the loss of or damage to such wildlife resources, as well as to
provide concurrently for the development and improvement of such resources,
shall be made an integral part of any report prepared or submitted by any
agency of the Federal Government responsible for engineering surveys and
construction of such projects when such reports are presented to the Congress
or to any agency or person having the authority or the power, by administra-
tive action or otherwise, (1) to authorize the construction of water-resource
development projects or (2) to approve a report on the modification or sup-
plementation of plans for previously authorized projects, to which this Act
applies. Recommendations of the Secretary of the Interior shall be as specific
as is practicable with respect to features recommended for wildlife con-
servation and development, lands to be utilized or acquired for such purposes,
the results expected, and shall describe the damage to wildlife attributable
to the project and the measures proposed for mitigating or compensating
for these damages. The reporting officers in project reports of the Federal
agencies shall give full consideration to the report and recommendations of
the Secretary of the Interior and to any report of the State agency on the
wildlife aspects of such projects, and the project plan shall include such
justifiable means and measures for wildlife purposes as the reporting agency
finds should be adopted to obtain maximum overall project benefits.
sections 2 (a), (c), 3 of the wilderness act,
16 u.s.c. 1131 (a), (c), 1132
SEC. 2. (a) In order to assure that an increasing population, accompanied
by expanding settlement and growing mechanization, does not occupy and
modify all areas within the United States and its possessions, leaving no lands
designated for preservation and protection in their natural condition, it is
hereby declared to be the policy of the Congress to secure for the American
people of present and future generations the benefits of an enduring resource
of wilderness. For this purpose there is hereby established a National Wilder-
ness Preservation System to lie composed of federally owned areas designated
by Congress as "wilderness areas", and these shall be administered for the
use and enjoyment of the American people in such manner as will leave
them unimpaired for future use and enjoyment as wilderness, and so as to
provide for the protection of these areas, the preservation of their wilderness
character, and for the gathering and dissemination of information regarding
their use and enjoyment as wilderness; and no Federal lands shall be desig-
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GUIDELINES AND REPORTS 2839
nated as "wilderness areas" except as provided for in this Act or by a sub-
sequent Act.
(c) A wilderness, in contrast with those areas where man and his own
works dominate the landscape, is hereby recognized as an area where the
earth and its community of life are untrammeled by man, where man him-
self is a visitor who does not remain. An area of wilderness is further
defined to mean in this chapter an area of undeveloped Federal land re-
taining its primeval character and influence, without permanent improve-
ments or human habitation, which is protected and managed so as to pre-
serve its natural conditions and which (1) generally appears to have been
affected primarily by the forces of nature, with the imprint of man's work
substantially unnoticeable; (2) has outstanding opportunities for solitude
or a primitive and unconfined type of recreation; (3) has at least five
thousand acres of land or is of sufficient size as to make practicable its
preservation and use in an unimpaired condition; and (4) may also con-
tain ecological, geological, or other features of scientific, educational, scenic,
or historical value.
SEC. 3. (a) All areas within the national forests classified at least 30 days be-
fore September 3, 1964 by the Secretary of Agriculture or the Chief of the
Forest Service as "wilderness", "wild", or "canoe" are hereby designated as
wilderness areas. The Secretary of Agriculture shall—
(1) Within one year after September 3, 1964, file a map and legal
description of each wilderness area with the Interior and Insular Af-
fairs Committees of the United States Senate and the House of Repre-
sentatives, and such descriptions shall have the same force and effect as
if included in this chapter: Provided, however, That correction of
clerical and typographical errors in such legal descriptions and maps
may be made.
(2) Maintain, available to the public, records pertaining to said
wilderness areas, including maps and legal descriptions, copies of regula-
tions governing them, copies of public notices of, and reports submitted
to Congress regarding pending additions, eliminations, or modifications.
Maps, legal descriptions, and regulations pertaining to wilderness areas
within their respective jurisdictions also shall be available to the public
in the offices of regional foresters, national forest supervisors, and forest
rangers.
(b) The Secretary of Agriculture shall, within ten years after September 3,
1964, review, as to its suitability or nonsuitability for preservation as wilder-
ness, each area in the national forests classified on September 3, 1964 by the
Secretary of Agriculture or the Chief of the Forest Service as "primitive"
and report his findings to the President. The President shall advise the
United States Senate and House of Representatives of his recommendations
with respect to the designation as "wilderness" or other reclassification of
each area on which review has been completed, together with maps and a
definition of boundaries. Such advice shall be given with respect to not less
than one-third of all the areas now classified as "primitive" within three
years after September 3, 1964, not less than two-thirds within seven years
after September 3, 1964, and the remaining areas within ten years after
September 3, 1964. Each recommendation of the President for designation as
"wilderness" shall become effective only if so provided by an Act of Congress.
Areas classified as "primitive" on September 3, 1964 shall continue to be
administered under the rules and regulations affecting such areas on Septem-
ber 3, 1964 until Congress has determined otherwise. Any such area may be
increased in size by the President at the time he submits his recommenda-
tions to the Congress by not more than five thousand acres with no more
than one thousand two hundred and eighty acres of such increase in any one
compact unit; if it is proposed to increase the size of any such area by more
than five thousand acres or by more than one thousand two hundred and
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2840 LEGAL COMPILATION—GENERAL
eighty acres in any one compact unit the increase in size shall not become
effective until acted upon by Congress. Nothing herein contained shall limit
the President in proposing, as part of his recommendations to Congress,
the alteration of existing boundaries of primitive areas or recommending the
addition of any contiguous area of national forest lands predominantly of
wilderness value. Notwithstanding any other provisions of this Act, the Sec-
retary of Agriculture may complete his review and delete such area as may
be necessary, but not to exceed seven thousand acres, from the southern tip
of the Gore Range-Eagles Nest Primitive Area, Colorado, if the Secretary
determines that such action is in the public interest.
(c) Within ten years after September 3, 1964 the Secretary of the Interior
shall review every roadless area of five thousand contiguous acres or more in
the national parks, monuments and other units of the national park system
and every such area of, and every roadless island within, the national wild-
life refuges and game ranges, under his jurisdiction on September 3, 1964
and shall report to the President his recommendation as to the suitability or
nonsuitability of each such area or island for preservation as wilderness. The
President shall advise the President of the Senate and the Speaker of the
House of Representatives of his recommendation with respect to the designa-
tion as wilderness of each such area or island on which review has been
completed, together with a map thereof and a definition of its boundaries.
Such advice shall be given with respect to not less than one-third of the
areas and islands to be reviewed under this subsection within three years
after September 3, 1964, not less than two-thirds within seven years of Sep-
tember 3, 1964, and the remainder within ten years of September 3, 1964. A
recommendation of the President for designation as wilderness shall become
effective only if so provided by an Act of Congress. Nothing contained herein
shall, by implication or otherwise, be construed to lessen the present statutory
authority of the Secretary of the Interior with respect to the maintenance
of roadless areas within units of the national park system.
(d) (1) The Secretary of Agriculture and the Secretary of the Interior shall,
prior to submitting any recommendations to the President with respect to
the suitability of any area for preservation as wilderness—
(A) give such public notice of the proposed action as they deem
appropriate, including publication in the Federal Register and in a
newspaper having general circulation in the area or areas in the vicinity
of the affected land;
(B) hold a public hearing or hearings at a location or locations con-
venient to the area affected. The hearings shall be announced through
such means as the respective Secretaries involved deem appropriate,
including notices in the Federal Register and in newspapers of general
circulation in the area: Provided, That if the lands involved are located
in more than one State, at least one hearing shall be held in each State
in which a portion of the land lies;
(C) at least thirty days before the date of a hearing advise the Gov-
ernor of each State and the governing board of each county, or in
Alaska the borough, in which the lands are located, and Federal depart-
ments and agencies concerned, and invite such officials and Federal agen-
cies to submit their views on the proposed action at the hearing or by
no later than thirty days following the date of the hearing.
(2) Any views submitted to the appropriate Secretary under the provisions
of (1) of this subsection with respect to any area shall be included with any
recommendations to the President and to Congress with respect to such area.
(e) Any modification or adjustment of boundaries of any wilderness area
shall be recommended by the appropriate Secretary after public notice of
such proposal and public hearing or hearings as provided in subsection (d)
of this section. The proposed modification or adjustment shall then be rec-
ommended with map and description thereof to the President. The President
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GUIDELINES AND REPORTS 2841
shall advise the United States Senate and the House of Representatives of
his recommendations with icspcct to such modification or adjustment and
such recommendations shall become effective only m I he same manner as
provided for in subsections (b) and (c) of this section.
section 10(a) of the federal power act, 16 u.s.c. 803(a)
SEC. 10. All licenses issued under this Part shall he on the following
Conditions:
(a) That the project adopted, including the maps, plans, and specifications,
shall be such as in the judgment of the Commission will be best adapted to
a comprehensive plan foi impioxing 01 developing a wateiway or waterways
for the use or benefit of inteistate or foreign commeice, for the improvement
and utilization of waterpower development, and for othei beneficial public
uses, including recreational puiposes; and if necessary in order to secure
such plan the Commission shall have authority to require the modifica-
tion of any pioject and of the plans and specifications of the project works
before appioval.
sections 1, 20 of the national park service act, as amended,
16 u.s.c. 1, 20
SEC. 1. Theie is created in the Department of the Interior a service to be
called the National Park Service, which shall be under the charge of a
director. The Secietary of the Inteiioi shall appoint the diiectoi, and there
shall also be in said seivice such suboidinalc officers, clerks, and employees
as may be appropriated for by Congress. The service thus established shall
promote and regulate the use of the Federal areas known as national parks,
monuments, and reservations hereinafter specified, except such as are under
the jurisdiction of the Secretary of the Army, as provided by law, by such
means and measures as conform to the fundamental purpose of the said
parks, monuments, and reservations, which purpose is to conserve the scenery
and the natural and historic objects and the wild life therein and to provide
for the enjoyment of the same in such manner and by such means as will
leave them unimpaired for the enjoyment of future generations.
SEC. 20. In furtherance of the Act of August 25, 1916 [the National Park
Service Act], as amended, which directs the Secretary of the Interior to ad-
minister national park system areas in accordance with the fundamental
purpose of conserving their scenery, wildlife, natural and historic objects,
and providing for then enjoyment in a manner that will leave them un-
impaired for the enjoyment of future geneiations, the Congress hereby finds
that the preservation of park values requires that such public accommoda-
tions, facilities, and services as have to be provided within those areas should
be provided only under carefully controlled safeguards against unregulated
and indiscriminate use, so that the heavy visitation will not unduly impair
these values and so that development of such facilities can best be limited
to locations where the least damage to park values will be caused. It is the
policy of the Congress that such development shall be limited to those that
arc necessary and appropriate for public use and enjoyment of the national
park area in which they are located and that are consistent to the highest
practicable degree with the preservation and conservation of the areas.
sections 1, 106 of the national 'historic preservation act
of 1966, 16 u.s.c. 470, 470f
Sec. 1. The Congress finds and declares—
(a) that the spirit and direction of the Nation arc founded upon and
reflected in its historic past;
(b) that the historical and cultural foundations of the Nation should
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2842 LEGAL COMPILATION—GENERAL
be preserved as a living part of our community life and development
in order to give a sense of orientation to the American people;
(c) that, in the face of ever-increasing extensions of urban centers,
highways, and residential, commercial, and industrial developments, the
present governmental and nongovernmental historic preservation pro-
grams and activities are inadequate to insure future generations a gen-
uine opportunity to appreciate and enjoy the rich heritage of our
Nation; and
(d) that, although the major burdens of historic preservation have
been borne and major efforts initiated by private agencies and individ-
uals, and both should continue to play a vital role, it is nevertheless
necessary and appropriate for the Federal Government to accelerate its
historic preservation programs and activities, to give maximum encour-
agement to agencies and individuals undertaking preservation by private
means, and to assist State and local governments and the National Trust
for Historic Preservation in the United States to expand and accelerate
their historic preservation programs and activities.
SEC. 106. The head of any Federal agency having direct or indirect juris-
diction over a proposed Federal or federally assisted undertaking in any
State and the head of any Federal department or independent agency having
authority to license any undertaking shall, prior to the approval of the
expenditure of any Federal funds on the undertaking or prior to the issuance
of any license, as the case may be, take into account the effect of the under-
taking on any district, site, building, structure, or object that is included
in the National Register. The head of any such Federal agency shall afford
the Advisory Council on Historic Preservation established under title II of
this Act a reasonable opportunity to comment with regard to such under-
taking.
sections 1, 2, 4 of the multiple use-sustained yield act
of 1960, 16 u.s.c. 528, 529, 531
SEC. 1. It is the policy of the Congress that the national forests are estab-
lished and shall be administered for outdoor recreation, range, timber, water-
shed, and wildlife and fish purposes. The purposes of this Act are declared to
be supplemental to, but not in derogation of, the purposes for which the
national forests were established as set forth in section 475 of this title.
Nothing herein shall be construed as affecting the jurisdiction or responsi-
bilities of the several States with respect to wildlife and fish on the national
forests. Nothing herein shall be construed so as to affect the use or ad-
ministration of the mineral resources of national forest lands or to affect the
use or administration of Federal lands not within national forests.
SEC. 2. The Secretary of Agriculture is authorized and directed to develop
and administer the renewable surface resources of the national forests for
multiple use and sustained yield of the several products and services obtained
therefrom. In the administration of the national forests due consideration
shall be given to the relative values of the various resources in particular
areas. The establishment and maintenance of areas of wilderness are con-
sistent with the purposes and provisions of this Act.
SEC. 4. As used in this Act, the following terms shall have the following
meanings:
(a) "Multiple use" means: The management of all the various renewable
surface resources of the national forests so that they are utilized in the
combination that will best meet the needs of the American people; making
the most judicious use of the land for some or all of these resources or
related services over areas large enough to provide sufficient latitude for
periodic adjustments in use to conform to changing needs and conditions;
that some land will be used for less than all of the resources; and harmoni-
ous and coordinated management of the various resources, each with the
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GUIDELINES AND REPORTS 2843
other, without impairment of the productivity of the land, with considera-
tion being given to the relative values of the various resources, and not
necessarily the combination of uses that will give the greatest dollar return
or the greatest unit output.
(b) "Sustained yield of the several products and services" means the achieve-
ment and maintenance in perpetuity of a high-level annual or regular
periodic output of the various renewable resources of the national forests
without impairment of the productivity of the land.
section 136 of the federal-aid highway act of 1970,
23 u.s.c. 109 (g)-(j)
(g) The Secretary shall issue within 30 days after the day of enactment
of the Federal-Aid Highway Act of 1970 guidelines for minimizing possible
soil erosion from highway construction. Such guidelines shall apply to all
proposed projects with respect to which plans, specifications, and estimates
are approved by the Secretary after the issuance of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after consultation with
appropriate Federal and State officials, shall submit to Congress, and not
later than 90 days after such submission, promulgate guidelines designed
to assure that possible adverse economic, social, and environmental effects
relating to any proposed project on any Federal-aid system have been fully
considered in developing such project, and that the final decisions on the
project are made in the best overall public interest, taking into consideration
the need for fast, safe and efficient transportation, public services, and the
costs of eliminating or minimizing such adverse effects and the following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural resources,
aesthetic values, community cohesion and the availability of public
facilities and services;
(3) adverse employment effects, and tax and property value losses;
(4) injurious displacement of people, businesses and farms; and
(5) disruption of desirable community and regional growth.
Such guidelines shall apply to all proposed projects with respect to which
plans, specifications, and estimates ate approved by the Secretary after the
issuance of such guidelines.
(i) The Secretary, after consultation with appropriate Federal, State, and
local officials, shall develop and promulgate standards for highway noise
levels compatible with different land uses and after July 1, 1972, shall not
approve plans and specifications for any proposed project on any Federal-aid
system for which location approval has not yet been secured unless he deter-
mines that such plans and specifications include adequate measures to im-
plement the appropriate noise level standards.
(j) The Secretary, after consultation with the Administrator of the Envi-
ronmental Protection Agency, shall develop and promulgate guidelines to
assure that highways constructed pursuant to this title are consistent with
any approved plan for the implementation of any ambient air quality
standard for any air quality control region designated pursuant to the Clean
Air Act, as amended.
section 16 (c) (4) of the airport and airway development act,
49 u.s.c. 1716 (c) (4)
SEC. 16. (c) (4) It is declared to be national policy that airport development
projects authorized pursuant to this Part shall provide for the protection and
enhancement of the natural resources and the quality of environment of the
Nation. In implementing this policy, the Secretary shall consult with the
Secretaries of the Interior and Health, Education, and Welfare with regard to
the effect that any project involving airport location, a major runway ex-
-------
2844 LEGAL COMPILATION—GENERAL
tension, or runway location may have on natural resources including, but
not limited to, fish and wildlife, natural, scenic, and recreational assets, water
and air quality, and other factors affecting the environment, and shall au-
thorize no such project found to have adverse effect unless the Secretary
shall render a finding, in writing, following a full and complete review,
which shall be a matter of public record, that no feasible and prudent al-
ternative exists and that all possible steps have been taken to minimize
such adverse effect.
section 14 of the urban mass transportation act of 1964,
as amended, 49 u.s.c. 1610
SEC. 14. (a) It is hereby declared to be the national policy that special
effort shall be made to preserve the natural beauty of the countryside, public
park and recreation lands, wildlife and waterfowl refuges, and important
historical and cultural assets, in the planning, designing, and construction
of urban mass transportation projects for which Federal assistance is pro-
vided pursuant to section 3 of this Act. In implementing this policy the
Secretary shall cooperate and consult with the Secretaries of Agriculture,
Health, Education, and Welfare, Housing and Urban Development, and
Interior, and with the Council on Environmental Quality with regard to each
project that many have a substantial impact on the environment.
(b) The Secretary shall review each transcript of hearing submitted pur-
suant to section 3(d) to assure that an adequate opportunity was afforded
for the presentation of views by all parties with a significant economic,
social, or environmental interest, and that the project application includes
a detailed statement on—
(1) the environmental impact of the proposed project,
(2) any adverse environmental effects which cannot be avoided should
the proposal be implemented,
(3) alternatives to the proposed project, and
(4) any irreversible and irretrievable impact on the environment which
may be involved in the proposed project should it be implemented.
(c) The Secretary shall not approve any application for assistance under
section 3 unless he finds in writing, after a full and complete review of the
application and of any hearings held before the State or local public agency
pursuant to section 3(d), that (1) adequate opportunity was afforded for the
presentation of views by all parties with a significant economic, social, or
environmental interest, and fair consideration has been given to the preserva-
tion and enhancement of the environment and to the interest of the com-
munity in which the project is located, and (2) either no adverse environ-
mental effect is likely to result from such project, or there exists no feasible
and prudent alternative to such effect and all reasonable steps have been
taken to minimize such effect. In any case in which a hearing has not been
held before the State or local agency pursuant to section 3(d), or in which
the Secretary determines that the record of hearings before the State or local
public agency is inadequate to permit him to make the findings required
under the preceding sentence, he shall conduct hearings, after giving ade-
quate notice to interested persons, on any environment issues raised by such
application. Findings of the Secretary under this subsection shall be made
a matter of public record.
-------
GUIDELINES AND REPORTS
2845
-------
2846 LEGAL COMPILATION—GENERAL
the inner city
environment
Life in the inner city embraces a range of environmental prob-
lems, some starkly evident, some disguised, some acknowledged
as environmental, some wearing other labels. The inner city has
no classifiable boundaries setting it apart from the rest of the
urban area, but it generally includes the decaying, older areas
which usually intertwine with or encircle the center of the city.
The term is also applied to sections away from the central core
which share similar environmental characteristics.
The inner city, whatever its precise boundaries, is recognized
by its inferior environment. Air pollution, a problem for nearly
all of the Nation, lays its pall most heavily over the inner city in
many metropolitan areas. Open space, parks, and recreational op-
portunity are high priorities for a better environment. Yet in the
inner city they are lacking to a higher degree than in other parts
of the urban complex. Problems of noise, sanitation, and conges-
tion affect nearly all sectors of the larger cities. But overcrowding,
rats, flaking leaded paint, deteriorating housing, and everpresent
litter and garbage are afflictions more typical of the inner city.
Although an annual report cannot hope to cover the entire range
of environmental factors in all of America, it was felt that special
attention this year should be given to the inner city where many of
our most severe environmental problems interact with social and
economic conditions which the Nation is also seeking to improve.
This chapter is thus an attempt to focus on some of the acute
environmental problems faced by the inner city. It is necessarily
-------
GUIDELINES AND REPORTS 2847
incomplete and inconclusive because environmental problems in
the urban setting cannot be sharply differentiated from nonenvi-
ronmental problems; because for many of the problems affecting
the inner city, there are no acceptable, quick answers; and be-
cause the afflictions of the inner city are closely related to the
difficulties which beset the entire urban area. The chapter high-
lights a series of problems different in many respects from those
of traditional conservation. It attempts to lay a preliminary basis
for a broader dialogue on the problems of the urban environ-
ment, many of which are most severe in the inner city.
The environmental decay of the inner city, of course, affects
more than the poor. Middle and upper income families residing
within inner city sanctuaries are not spared the health and eco-
nomic toll of air pollution, noise, and traffic congestion. Yet they
can insulate themselves from some of the environmental burdens
of life in the city: Air conditioners screen the air and shut out
street noise, housing is kept in repair against the assaults of
weather and rodents, much more living space is available, and
mobility and higher income make it possible to escape periodically
to more pleasant environments. For the inner city poor, however,
there is little relief and limited opportunity for escape.
The traditional environmental objectives of clean air and water
and preservation of national parks and wilderness are not the
central concerns of most inner city poor. They focus instead on
more immediate economic and social interests. Some spokesmen
for inner city areas fear that the environmental movement may
divert public attention and funds from these issues to more
traditional environmental issues. For many inner city residents,
the overwhelming concern is poverty and its accompanying ills—
inadequate housing, high crime rates, poor health, unsanitary
conditions, inadequate education and recreation, and drug addic-
tion—all of which are exacerbated by racial discrimination.
These factors may not be environmental when looked at indi-
vidually. But their net effect is to lower the quality of life.
Nevertheless, there is growing evidence that among the urban
poor—those with the most to gain from environmental improve-
ments—are some who have decided to embrace environmental-
ism in their own distinct way. Their use of the term environment
is broader than the traditional definition. Their concept em-
braces not only more parks, but better housing; not only cleaner
air and water, but rat extermination.
The environmental movement in the inner city is still in its
infancy, although inner city groups and established environ-
mental organizations are beginning to identify some shared ob-
jectives. In a number of cities—Boston, Cleveland, Detroit, Los
Angeles, New York, Philadelphia, St. Louis, Washington, B.C.—
community groups and new organizations are attacking environ-
mental problems of the inner city. At the same time, some tradi-
tional conservation groups are developing programs to assist in
-------
2848 LEGAL COMPILATION—GENERAL
improving the quality of lite in inner city neighborhoods. An
example is Young Adults for Resources and the Environment
(YARE). A small spinoff from the Izaak Walton League of Amer-
ica, it is intended to open channels of communication between
inner city young adults and citizen conservation organizations
through environmental workshops and citizen action projects
such as antilitter programs, and organization of people to par-
ticipate in hearings on local issues which affect their interests.
YARE is working in Cleveland, Duluth, New York City, and
Washington, B.C.
At the White House Conference on Youth in April, an envi-
ronmental task force concluded:
Although environmental degradation has become recognized in recent years
as a major social crisis, the public focus on this issue has usually been di-
rected towards problems that are important to middle-class Americans. The
issues of urban transportation, slum housing, inadequate health care, recrea-
tion and education, and unemployment are vital to urban poor people; but
have not been properly understood in an environmental context or dealt
with from an ecological perspective.
Conference delegates passed a resolution "that national priority
be given to the actions necessary to improve the quality of the
environment of the people of America's inner cities."
Several existing Federal programs deal with the physical cir-
cumstances of the inner city environment. Some of these, such as
air and water pollution control or parkland development, are
directed toward all citizens. A few programs, such as Federal
assistance to urban areas for rat control, are aimed primarily at
inner city problems.
The variety of environmental problems of the inner city and
the absence of simple answers to these problems make it par-
ticularly important that efforts to overcome them be tailored
to the needs and priorities of each locality. This becomes even
more important when it is recognized that most of the resources
used for coping with the broad environmental problems of a
city are raised within the locality itself. Federal assistance,
although large and continuing to grow, is only a fraction of the
total resources available for dealing with local problems. A
solution to these problems requires, first of all, that the signifi-
cant local resources be used in a planned, effective way to meet
locally determined priorities. Federal aid can be most effective
when it helps the locality to meet its own recognized needs
rather than impeding or distorting local priorities.
air pollution
Air pollution generally hangs more heavily over the inner city
than the rest of the urban area, and far more heavily than
over most suburban and rural areas. In some cities the central
business district absorbs the most severe air pollution; in other
cities close-in industrial areas bear the heaviest pollution loads.
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GUIDELINES AND REPORTS
2849
The largest concentrations of the urban poor often live near
these two areas. A 1969 study conducted for the National Air
Pollution Control Administration (NAPCA, now a part of the
Environmental Protection Agency) confirmed that concentrations
of particulate matter, carbon monoxide, and sulfur oxides decline
steadily out from urban areas (urban measuring points are all
located in downtown areas). This may be seen in Table 1.
Based on samples collected over a 2-year period, the study
shows that average concentrations of participates in nonurban
areas are between 10 and 50 percent of the average in urban
areas. Moreover, within metropolitan regions, similar varia-
tions hold between suburbia and the central city.
A study of the St. Louis area made in 1966 by NAPCA re-
ported that suspended particulates, dust fall, and concentrations
of sulfur dioxide were higher in the predominantly poor black
neighborhoods of St. Louis and East St. Louis than elsewhere in
the metropolitan area.
A recent air pollution computer model of the Chicago region,
when correlated with census data, indicates that the lowest in-
come neighborhoods are in the areas of highest pollution con-
centrations (see Figures 1 and 2). Similar conclusions surface in
-V- .*.'--•
"SSZi.-^s.t, ,. ,**•»*
-------
2850
Figure 1
LEGAL COMPILATION—GENERAL
Current Expected Mean Concentrations
of Sulfur Dioxide, Chicago, III.,
and Gary, Ind.
(In micrograms per cubic meter)
i. i 1970 Poverty Areas, Chicago
1960 Poverty Areas, Gary (1970 census statistics not available)
Source: Based on computer simulation model of data from Atomic Energy Commission, Argonne
National Laboratory, and on U.S. Department of Commerce, Bureau of the Census data.
data drawn from Kansas City, Mo., St. Louis, and Washington,
B.C. (see Table 2).
Another survey conducted by NAPCA of 22 other metropolitan
areas, including Cincinnati, Dallas-Fort Worth, Denver, Indianap-
olis, Louisville, New York City-Northern New Jersey, Pittsburgh,
Providence, San Antonio, and Seattle, substantiates unequal geo-
graphical distribution of certain pollutants within metropolitan
-------
GUIDELINES AND REPORTS
2851
Figure 2
Current Expected Particulate Concentrations
for Chicago, III., and Gary, Ind.
(In micrograms per cubic meter)
1960 Poverty Areas, Gary (1970 census statistics not available)
Source- Based on computer simulation model of data from Atomic Energy Commission, Argonne
National laboratory, and on U.S. Department of Commerce, Bureau of the Census data.
areas. Emissions of carbon monoxide, sulfur oxides, and particulate
matter in these areas were measured by source and proximity to
heavy population centers. Emissions of caibon monoxide result
from vehicles; sulfur oxides and particulate emissions come from
residential and commercial burning of coal and oil. For each of the
three pollutants, the pattern is the same: Emission densities are
highest in the core city and diminish with distance outward. Over-
all, the areas of highest emissions within the tested cities coincide
with the areas of highest population density.
-------
2852
LEGAL COMPILATION—GENERAL
"if- 4. ', ••» > *i -» «** WFiK* «&»! 5
i t-'3*::4>;t'M«^l'4;i|l
Other pollutants confirm this pattern. Lead, for example, is
a potentially poisonous metal commonly found in the atmosphere
and in the soil near heavily traveled roadways. Data vary widely
among sampling sites, but lead levels in the blood appear par-
ticularly high among urban area dwellers. A study of major cities
by the Environmental Protection Agency reported that atmos-
pheric lead had increased significantly in the seven years ending
in 1969. In Cincinnati, the increase ranged from 13 to 33 percent;
in Los Angeles, from 33 to 64 percent; and in Philadelphia, from
2 to 36 percent.
Blood specimens of three groups of persons in the Philadelphia
area were taken to determine the amount of lead in their sys-
tems. The groups were divided into those who had lived and
worked within a 25-block radius of City Hall for 5 years, those
who commuted regularly from the suburbs to work in the down-
town area, and those who lived in the same neighborhood as
the suburban commuters but also worked in the suburbs. For
both men and women, lead was significantly highest in the city
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GUIDELINES AND REPORTS 2853
dwellers. The suburbanites who worked in the city showed
higher lead concentrations than those who lived and worked in
the suburbs.
water pollution
Inner city residents are delivered the same water as any other
urban residents. But they frequently face added problems. Water
pipes in inner city housing are sometimes old and ill-kept and
often contain pipe or joint cementing compound made of lead
(no longer used in construction). Under such conditions, water
containing as much as 920 micrograms of lead per liter has been
found in inner city areas, compared to an average of 20 micro-
grams per liter elsewhere.
Inner city residents have limited access to water recreation.
Conclusive data are lacking on how often the urban poor use
nearby water bodies. River courses and harbors located within
and next to large cities often contain dangerously high levels of
bacteria and other pollutants. Yet they often constitute the only
source of water recreation easily accessible to the urban poor. The
cleaner waters are for many inner city dwellers more distant
than a convenient 1-day round trip will allow, and thus out of
reach for those not able to afford overnight accommodations.
solid waste
Junk and litter accumulated in streets, on sidewalks, and in
vacant lots and doorways are a familiar sight in poverty areas and
cannot help having a psychological effect on those who live there.
The resident often despairs of keeping his small living space clean
when all around him are litter and garbage. He may conclude that
since refuse collection is a public service, the abundance of uncol-
lected litter indicates that his neighborhood is being discriminated
against. Residents in 9 of 20 cities surveyed by the National Advi-
sory Commission on Civil Disorders listed inadequate sanitation
and garbage removal as significant grievances. Many cities able to
set their own priorities with Federal funds have placed emphasis
on sanitation services such as collecting garbage, buying trash and
garbage containers for the city poor, removing abandoned automo-
biles, cleaning up littered vacant lots, and increasing the number
of sanitation workers.
Solving the problem involves more than merely upgrading
municipal services. Some New York City poverty areas have
garbage pickups six times a week, compared to three times a
week elsewhere in the city. In Chicago, inner city poor are
served by three collections a week, compared to one collection
in the rest of the city. Yet inner city littering and unsanitary
conditions continue, and there is widespread disenchantment
at the failure of cleanup campaigns to have any lasting effect.
The reasons for this failure to maintain sanitary conditions in
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2854 LEGAL COMPILATION—GENERAL
the inner city are complex and interrelated. Frustration over
limited opportunities for housing, employment, and education
can lead residents of the inner city to withdraw from active
efforts to improve conditions around them. This psychological
impact is worsened by physical conditions which work against
sanitation. Buildings designed in earlier days have been sub-
divided into numerous crowded living units, with little provision
for storage areas, common spaces, or refuse collection systems.
Receptacles are often nonexistent, makeshift, or in poor con-
dition—all leading to a situation in which wind, animals, and
vandals spread litter throughout houses and neighborhoods. The
abundance of vacant lots and abandoned structures, already
strewn with refuse, encourage further junk, garbage, and other
debris Together these forces work to frustrate even the most
willing city sanitation department in working with residents
toward a cleaner neighborhood. Also, sanitation collection serv-
ices have been criticized as perfunctory in some poverty areas.
Often such services are confined to curbside collection of packaged
refuse, ignoring litter in lots, sidewalks, and gutters.
Strewn garbage, besides being unattractive and odorous, also
invites rodents. Rats feed on easily accessible garbage and present
a health problem to inner city residents. Greater than the danger
of the diseases they carry is the insecurity and fear they inspire,
especially in parents with small children.
An estimated 60 to 90 percent of rat bites occurs in inner city
neighborhoods. Eighty percent occurs after midnight when most
victims are asleep. The problem is intensified by large-scale
building demolition in old, inner city areas, where rats are dis-
lodged and then flee to other parts of the city. The presence of
rats in an apartment often has nothing to do with the particular
building's cleanliness. Substandard housing often is replete with
holes in basement walls or around windows and pipes, giving
rats entry points from which they fan out through a building.
neighborhood deterioration
Landlord abandonment of buildings, widespread dilapidation,
and health effects of lead paint chips on children are all problems
characteristic of many inner city neighborhoods. Some inner city
areas show their scars openly with vacant stores, burned-out
buildings, and boarded-up windows. Deteriorating on the inside,
litter-strewn on the outside, block after block of decay provides
a depressing setting for life.
When a landlord no longer provides services and upkeep for
an occupied building and defaults on taxes or mortgage pay-
ments, a building is often on the way to abandonment, a major
phenomenon of inner city poverty areas. The economics of aban-
donment can be traced back to the time immediately after World
War II when a rural-to-urban migration swelled the tide of black
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GUIDELINES AND REPORTS 2855
families to the Northern and Midwestern cities. The exodus of
middle class whites to the suburbs, which started in the 1920's,
was already in full swing, and large, older homes in the inner
city were subdivided by speculators hoping to capitalize on the
growing demand for low-rent housing for the migrants. There
was little new building in the depression and war years. Urban
renewal, highway construction, and other programs of the post-
war period, which resulted in clearing large numbers of living
units, increased the pressures as more low-income, nonwhite
families competed for the remaining affordable housing. For a
time, it was a lucrative market for landlords. They could invest
little, give minimum services, and still collect rent.
After further dividing units and reducing maintenance, land-
lords often begin to run into hard economic going because of
higher property taxes, higher mortgage rates, and increased costs
attributable to intensive use and an accumulation of unattended
maintenance problems. If rents are raised too high, families simply
cannot pay; if rents are too low, landlords have little incentive to
maintain the buildings. Becoming delinquent in his ever rising
city property taxes is often the last attempt by a landlord to make
a profit. In some cities, actions on tax delinquency may take as long
as 2 to 5 years. Complete failure to provide services is soon fol-
lowed by an exodus of tenants and thus by abandonment. Often
the abandoned units are then illegally occupied by addicts and
derelicts and are vandalized. Many are destroyed by fire.
It is estimated that there are more than 100,000 abandoned
dwelling units in New York City, between 20,000 and 30,000 in
Philadelphia, more than 10,000 in St. Louis, 4,000 or more in
Baltimore, and 5,000 or more in Chicago. Abandonment often
occurs even in cities with relatively limited supplies of available
housing. The percentage of dwelling units for rent or sale in
New York City is only 1.7, in Philadelphia, only 2.8. These low
vacancy rates, coupled with a heavy rate of abandonment, indi-
cate that buildings are being abandoned even when people need
homes. Moreover, the problem is not confined to the biggest
cities. Erie, Pa., for instance, has a vacancy rate of 2.3 percent
and 5,000 abandoned units.
A survey of seven cities conducted in 1970 by the Urban
League and the Center for Community Change indicates the
extent to which abandonment is concentrated in the inner city.
A study of typical inner city neighborhoods in seven cities showed
that five had "serious" abandonment problems. In a St. Louis
Model Cities area, 16 percent of all residential structures were
abandoned. In a Brooklyn area, 6 to 10 percent of the buildings
were found abandoned, and in the Woodlawn area of Chicago,
by 1970, abandonment and demolition reached 15 to 20 percent
of the total structures existing in 1960.
Two cities which did not have a serious abandonment problem
in the neighborhoods surveyed were Atlanta and Detroit. The rea-
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2856 LEGAL COMPILATION—GENERAL
sons given were a relatively high incidence of home ownership
and banks willing to supply conventional mortgage funds for re-
pair or purchase to any qualified borrower in any part of the city.
In both Atlanta and Detroit the causal factor for these observations
appears to be the emergence of a strong black middle class. Neigh-
borhood stability was further promoted in Detroit by the fact that
economically mixed neighborhoods were in close physical prox-
imity and in Atlanta by the fact that economic groups were mixed
within neighborhoods.
As the abandonment rate approaches 5 percent, it appears to
accelerate. A New York study documents the speed with which
abandonment can overtake structurally sound dwellings. In the
Brownsville area of Brooklyn, 448 units—one entire city block—
which were classified as sound in the 1960 census, were aban-
doned by 1969.
Overcrowding in urban areas is another problem confined
largely to the inner city. In 1966, poverty areas of Oakland,
Calif., recorded 13.2 percent of all households as overcrowded—
averaging more than one person per room. More than one-fifth
of Oakland's families classified below the poverty level lived in
overcrowded housing, compared with 5 percent of the city's non-
poverty families. Overcrowding leads to greater maintenance
requirements and faster deterioration.
It is important to understand clearly the dual problems of
abandonment and crowding in inner city housing. Abandon-
ment pockmarks neighborhoods with dilapidated structures and
rubble-filled lots. It works against the feeling of community that
derives from solid blocks of homes and stores. Crowding in
housing, on the other hand, affects the home environment.
Abandonment and crowding go together because the loss of
housing through abandonment means more crowding in remain-
ing structures. Thus occurs the incongruous phenomenon of
lower densities per acre in the inner city caused in part by aban-
donment, but higher densities in some buildings as the poor
crowd into the limited remaining affordable housing.
Another element of deteriorating housing in the inner city
is lead poisoning. Lead in gasoline, which adds to air pollution,
is generally recognized as an environmental hazard, but lead in
paint is a less known and more immediate problem for the poor.
Lead is present in the paint, plaster, and caulking of some older
houses and apartments which are now in decaying neighbor-
hoods. About 30 years ago, nontoxic paint was developed, and
today the sale of interior paint in excess of 1 percent lead is
illegal in most urban areas. The newer paints, however, only
cover the old toxic paints. Flaking and chipping make leaded
paint, along with the newer coat, available to the unwitting
grasp of a child.
Ingestion of lead occurs mostly among children between the
ages of 1 and 3 who exhibit pica, a craving for nonfood s"b-
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GUIDELINES AND REPORTS 2857
stances. Prolonged or recurrent ingestion of this lead produces
abnormal levels of lead in the blood and, in a significant number
of cases, lead poisoning. According to a policy statement of the
Surgeon General of the U.S. Public Health Service, "A growing
body of data from studies in many cities has established beyond
doubt that lead intake by children from paint—particularly in
the slums of the cities—is an important and widespread problem.
Estimates of the number of children in the United States with
dangerous blood lead levels range as high as 400,000. Lead
poisoning has caused mental retardation and sometimes death."
In the past, lead poisoning among children has largely been
undetected and unreported. As late as 1964, before an intensive
program of testing was begun in New York City, only 500 con-
firmed lead poisoning cases were reported city wide. A 1970 New
York City test of 87,000 inner city children showed that 2,649
suffered from lead poisoning. Even when poisoning has not
been confirmed, tests indicate an abnormally high level of lead in
blood among children from urban poverty neighborhoods. In a
1967 Chicago test of 28,000 children under five years of age,
2,380 had elevated levels of lead in their blood.
open space and recreation
Of 491 million acres of public recreation area in the United
States, less than 3 percent is within 40 miles, or 1-hour driving
time, from the center of metropolitan areas with more than
500,000 population; yet 90 million people live in these areas. No
national data have been collected on the availability of parks to
people in the inner city. However, a 1970 study of recreation
problems in urban impact areas in California showed an inverse
relationship between family income and desire for recreation.
For example, in families with an annual income under $2,000,
the desire to participate in outdoor activities was almost double
that of families with an income above $9,000.
And while the Nation's population grows and new parks are
being acquired, many areas are suffering a decrease in available
urban parkland. Studies now underway for the U.S. Department
of Interior and the U.S. Department of Housing and Urban
Development show a loss of more than 22,000 acres of urban
parkland in the last 6 years, much of the parkland close to the
inner city. The studies have disclosed that this land is being taken
for highways, utilities, schools, housing, and other projects. Besides
removing parkland from present users, this loss frequently brings
an even greater number of people into an area to share a reduced
supply of parks.
In addition, transportation corridors and industries along river
and lake fronts have eliminated or cut off access to many loca-
tions suitable for public recreation. And the classic playground
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2858 LEGAL COMPILATION—GENERAL
ot the urban poor, the street, is now often congested by both
increasing traffic and parked cars.
The Open Space Land Program of the Department of Hous-
ing and Urban Development (HUD) has encouraged central
cities to acquire and develop parks and recreation areas that are
easily accessible to the residents. For example, five sites were
acquired and developed in Montgomery, Ala., with HUD assist-
ance. They ranged in size from 3 to 5 acres in neighborhoods
where median family income varied from $3,500 to $4,200. One
park is in an area where 96 percent of the dwellings are sub-
standard, and another is in an older section of the city where
there was no place to play except the streets. In Lowell, Mass.,
four vest-pocket parks were built with HUD grants. One of the
parks is in a Model Cities area where the median family income
is $4,000 and approximately 40 percent of the dwellings are sub-
standard or dilapidated. Between 1969 and 1970, the percentage
of HUD Open Space funds allocated to the purchase of parks
in low-income neighborhoods increased from 6 to 33 percent.
The President, as part of his "Legacy of Parks" program, has
asked Congress to increase the HUD Open Space Program from
$75 million to $200 million to assist cities in purchasing open
space and developing parks in or near urban areas.
The President's "Legacy of Parks" concept, announced in his
Environmental Message to Congress in February, is a multifaceted
approach to increase substantially the open space, parklands, and
recreation areas of the Nation and to redirect Federal programs in
a way that will place the new areas closer to where most people live.
The Legacy of Parks seeks to bring "parks to people" through ac-
tions which involve both direct Federal involvement and federally
supported State and local grant programs.
In 1971, the President established the Property Review Board
to evaluate federally owned properties to determine those which
are underutilized and could be turned over to State or local
governments for park use. Of the more than 60 properties al-
ready identified, 13 properties containing 8,905 acres have been
declared excess and are being conveyed to the appropriate State or
local agencies. Most are in or near large urban areas where they
can provide recreation opportunity for residents of the inner
city. They include the Naval Devices Training Center, Sands
Point, N.Y., with a beach area located 16 miles northeast of
Manhattan; 116 acres of the Cleveland Support Facility; Camp
Pendleton and Border Field near San Diego, Calif.; and Fort
Tilden and Fort Hancock, which will be part of the Gateway
National Recreation Area near New York City (see Chapter 1).
The Gateway National Recreation Area proposal, which the
President has sent to Congress, will provide a 23,000-acre land
and water park capable of serving 20 million visitors annually
with indoor and outdoor recreational and cultural facilities, and
will be linked with New York City's rapid transit service.
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GUIDELINES AND REPORTS 2859
The Administration's proposed amendments to the Land and
Water Conservation Fund Act now before the Congress would ap
portion more money from the Interior Department's fund to the
most populous States and would strengthen the Secretary of the In-
terior's overview powers to assure that urban residents are receiv-
ing their share. The amendments would authorize up to 25 percent
of any State's allocated funds for indoor recreational facilities
where climate and lack of space make moving indoors necessary,
transportation
Automobile ownership often makes the difference between
access to outdoor recreation areas and confinement to the limited
parklands of many inner city areas. On the other hand, new high-
ways which serve the car owner further diminish urban open
space. Highway construction can also cost the city dweller his
home, increase the pollution of his air, and add to the noise from
which he suffers. In some cases, resistance to proposed new high-
way construction has knitted inner city groups and environmental
organizations into new coalitions. For example, the Greater Bos-
ton Committee on the Transportation Crisis, a broadly based
coalition of inner city and conservation groups, played an im-
portant part in winning the support of the Governor and the
Mayor for an extensive review of Boston's transportation needs.
Construction on a major segment of Interstate 95, on portions of
the Inner Belt Interstate 695 (one section of which would split
the Model Cities area in Cambridge), and on several other Bos-
ton area highway projects has been halted while the entire range
of transportation alternatives is being explored.
If a new highway severs a neighborhood, it decreases casual,
social interaction between the two severed sides. It creates a
psychological or visual barrier and often a physical obstacle.
More than liberal vehicular access and an occasional pedestrian
crossing are necessary to overcome the highway barrier. Even
when continuous across-highway access is provided—as in the
case of elevated structure construction—the highway's unin-
habited strip remains a psychological and social barricade.
The presence of a highway near a neighborhood may have
other impacts beyond the border or barrier effect. Noise, increased
dirt, and fumes tend to make outdoor activities less pleasant and
thus, to some degree, diminish the contacts needed to produce
neighborhood cohesion.
Heightened surface traffic can also develop from changes in
traffic patterns after a new highway is built. Feeder streets in the
vicinity of an interchange often suffer enormously increased
loads. The effects of this increased traffic may turn the street into
a greater barrier to social interaction.
During the past few years, federally aided highway construction
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2860 LEGAL COMPILATION—GENERAL
has displaced an average of 60,000 people from their homes
and businesses each year. Of the people displaced, three-fourths
were urban dwellers. Most displacement occurred in areas of
middle- or low-income housing units that cost less than $15,000
or rented for less than $110 a month. Displacement often has a
heavier impact on minority groups than on others.
The impact of displacement varies according to how effec-
tive relocation efforts are. The Uniform Relocation Assistance
Act promises to improve the treatment provided displacees,
and the Department of Transportation has adopted a policy
of "no displacement without available relocation housing." But
adequate relocation facilities are often not considered a substi-
tute for long-standing neighborhood attachment. When the north
leg of a proposed Inner Loop in Washington, D.C., was an-
nounced, individuals with sentimental attachments to the affected
neighborhood began to crowd into adjacent, similar neighbor-
hoods.
Growing opposition to urban highways has caused transporta-
tion planners to try to bring community advocates into the plan-
ning process. Transportation planners are also paying more
attention to the social and environmental impact that the build-
ing of roads and mass transit systems has on inner city neigh-
borhoods. For example, in the San Francisco-Oakland region, the
Bay Area Rapid Transit System will offer a linear, landscaped
park to several communities over a considerable distance by
using the space under and adjacent to the elevated tracks.
In recent years, the Department of Transportation, aided by a
specific congressional mandate in section 4(f) of the Department
of Transportation Act, has developed procedures designed to
reduce to a minimum the use of public parkland for new high-
ways. The Supreme Court recently emphasized the thrust of
congressional intent to protect parks from encroachments by
transportation projects.
One indication of a movement toward greater balance in U.S.
transportation is the fact that rapid transit rail systems are being
considered, currently planned, or under construction in 16 Ameri-
can cities. Two are now under construction in the District of
Columbia and San Francisco. Pittsburgh has such a system in the
engineering stage, and 13 other cities are considering or planning
such systems: Atlanta, Baltimore, Buffalo, Dallas-Fort Worth,
Detroit, Honolulu, Houston, Los Angeles, Miami, Minneapolis-
St. Paul, St. Louis, San Juan, and Seattle. The eventual success
of mass transit systems is rooted in new design concepts, new
sources of funding, and possibly incentives and sanctions involv-
-ing the use of automobiles in the city. Few localities have yet
come to grips with these realities. Federal revenue sharing would
help resolve some of the financial obstacles not only by providing
a specific fund for mass transit capital expenditures but also by
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GUIDELINES AND REPORTS 2861
giving States and localities the choice of distributing other shared
revenue among various alternative modes, including mass transit
operating expenditures.
comprehensive approaches and citizen action
Inner city residents and Federal, State, and local officials all
have found that the fragmented approach—dealing separately
with causes and effects—is generally inadequate to deal with the
interdependent nature of the inner city environment. Programs
have also faltered when they failed to involve the residents them-
selves. And the way the financial assistance was provided often
impeded the effort.
One method of obtaining more funds for meeting inner city
problems, but without the restrictions that distort local efforts,
is revenue sharing, especially the Administration's proposed Gen-
eral Revenue Sharing and Urban Community Development
Revenue Sharing proposals sent to the Congress earlier this year.
In requesting $2 billion for Urban Revenue Sharing, President
Nixon pointed out that the inflexibility of the present system
often means that money cannot be used where the need is the
greatest. Federal categorical grant programs, often criticized be-
cause they limit the power of cities to decide how to spend Fed-
eral assistance funds, proliferated from 44 to nearly 500 between
1960 and 1970. Grant programs have denied cities the choice of
setting their own priorities and forced them instead to choose
among priorities offered by the Federal Government. Further-
more, many Federal programs require matching funds which are
unavailable or which the city prefers to use on other programs
not federally assisted.
One Federal program which was designed to be responsive to
local priorities and to support a multifaceted attack on inner
city problems is HUD's Model Cities Program, which President
Nixon characterized as "one of the most important existing step-
ping stones to revenue sharing," and which grew out of a mount-
ing frustration with traditional categorical grants. The Model
Cities Program has afforded some of the participating neighbor-
hoods limited but promising opportunity to engage in compre-
hensive approaches to environmental problems. Low-income
housing construction, home rehabilitation, and demolition of
dilapidated structures to make room for new housing are assisted
in many Model Cities projects. So are recreation and cleanup
projects. Rat control programs are funded in about one-third of
the model neighborhoods. A cross section of Model Cities activ-
ities would show that trash collection services were extended in
Gainesville, Ga.; 31 vest-pocket parks were acquired and devel-
oped in St. Louis; a lead paint poisoning prevention program
was funded in Washington, B.C.; San Juan, P.R., was assisted
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2862 LEGAL COMPILATION—GENERAL
in a major sewage treatment connection project; and in the
Fresno, Calif., Model Cities neighborhood, a comprehensive
cleanup and maintenance campaign was started, encouraging
self-help by providing physical and technical assistance, lending
tools to residents, and buying garden equipment.
The Model Cities Program, however, suffers from certain re-
strictions such as the need to negotiate projects with Washington
and the requirement that programs be limited to certain neigh-
borhoods. The activities carried out in the past under Model
Cities or other auspices could be continued under revenue shar-
ing where recipients have found them useful.
One comparatively new Federal program devised to help local
communities identify their problems in an interrelated way and
set their priorities for solving them is the comprehensive, action-
oriented Neighborhood Environmental Evaluation and Decision
System (NEEDS) in the Department of Health, Education, and
Welfare's Bureau of Community Environmental Management.
NEEDS is designed to help recognize the cause-effect relationship
of environmental and social stresses—whether poor air, poor
water, noise, crowding, bad housing, or neighborhood instability
—on individual health, both physical and mental.
NEEDS conducts physical surveys and household interviews to
determine the particular needs of a community. Locally recruited
interviewers are trained and sent out to contact the families, con-
duct the interviews, and seek community participation. Once in-
formation is obtained, a computer analysis is developed to pro-
duce information leading to solutions tailored to the specific
problems and priorities within the target area. The NEEDS
program gives the city the on-going capability to analyze both
the severity of existing problems and the areas of potential crisis.
A Federal program which has been administered to permit
substantial local flexibility in dealing with related inner city
problems is the rat control program also sponsored by the Bu-
reau of Community Environmental Management. As imple-
mented in Philadelphia, for instance, the program attempts to
answer other needs of inner city families—as well as to eradicate
rats. The key to the program in Philadelphia is its 60 health
educator aides, all hired by a Citizens Advisory Board, and all
residents of the inner city. After being trained in home care and
available local, Federal, and charitable services, the aides go door
to door in north central, west, and south Philadelphia neighbor-
hoods. Although rat control is the basis for initial contact of
neighborhood residents, the aides also determine the range of a
family's problems and seek ways to help.
If, for example, the family desperately needs better housing,
the health aide will contact the local public housing agency or
some other source of assistance. Or the aide will show people how
to contact agencies, go to clinics for health care, prepare garbage
for collection, or improve their sanitation. The health aide will
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GUIDELINES AND REPORTS 2863
bring in housing inspectors to do what is necessary about rat
control, such as calling in eradicators or improving basic sani-
tation. The program recognizes that "solutions" are long range,
that basically attitudes must change and people must be moti-
vated to help themselves.
With varied sources of support, several community-based or-
ganizations are developing innovative programs aimed at compre-
hensive environmental improvement in inner city areas. One
example is the Watts Labor Community Action Committee
(WLCAC) formed in the wake of the 1965 riot. The Committee's
original motive was to beautify Watts and to make it a better
place to live. Now in its seventh year, WLCAC has expanded
from beautification efforts to a program involving recreation,
education, job training, community business development, trans-
portation, housing improvement, and youth activities projects.
Money has come from Federal and State agencies, labor unions,
and the Ford and Rockefeller Foundations. WLCAC's approach is
to build the economic power of the community while upgrading
and maintaining its environment. The Committee operates seven
supermarkets (stocked largely with produce from a WLCAC-run
farm and manned by inner city residents), two gas stations, a credit
union, a restaurant, a construction company, and a large U.S. Labor
Department residential job center with extensive vocational train-
ing programs. WLCAC has also established vest-pocket parks and
has sponsored recreation and cleanup activities throughout Watts.
Another comprehensive community-based program is the East
Harlem Environmental Extension Service in New York City. It
offers repair and maintenance services to inner city landlords
at prices considerably below market rates. The Extension Serv-
ice, which developed from a coalition of community and housing
groups and a local hospital, is jointly funded by the City and
the State. Forty-five environmental extension agents provide
maintenance services. The agents—all from the community and
trained locally by personnel from a vocational school, the local
hospital, and city agencies—talk with and counsel the residents
regarding proper home care. The agents begin with minor house-
hold repair and follow up with regular supervision, stressing the
relationships among health, housing, rats, and other factors. The
service workers are trained in carpentry, electrical wiring, plumb-
ing, plastering, rodent control, sanitation, heating repairs, fire
prevention, and other general maintenance subjects as well as
tenant-landlord relations. A board composed of community peo-
ple, with representation from a landlord's organization, oversees
the service. The program's success is due largely to its integrated
approach, including employment, counseling, and intensive train-
ing of community workers as part of an effort to build resident
trust, win cooperation, and deliver needed services.
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2864 LEGAL COMPILATION—GENERAL
conclusions
This chapter has focused largely on the immediate needs and
views of the inner city residents. This is appropriate, for the
sometimes bitter experience of the past years has taught the
lesson that improvements in the daily environment of people
must be sought with their help and guidance, not imposed on
them by those who claim to know what is best. However, this
focus should not obscure the fact that many of the forces that
shape the intimate environment of the inner city resident are
often beyond his knowledge and control.
The inadequate services provided by city governments gen-
erally can be traced to the inadequate tax base which provides
the city's revenues. The major source of income for most cities
is the property tax, which is often inefficient and inequitable.
As the quality of the city environment deteriorates, middle class
residents move out, and income from the property tax declines,
leading to more deterioration and plunging the city's fiscal base
and public services into further decline.
The lack of funds for essential public services is in many cases
made worse by limitations on the use of available funds, such as
those which come through Federal grants. Welfare reform and
revenue sharing will help alleviate the shortage of money and
will be particularly helpful to the cities by permitting them to
initiate more flexible approaches to solving urban problems. As
President Nixon noted in his proposal for a $5 billion general
revenue sharing program, Federal aid to States and localities has
not provided an effective answer to State and local problems. The
purpose of revenue sharing proposals is to set States and localities
free to assign their own priorities.
More and more industries have moved to the suburbs for a
variety of reasons, and this poses another difficulty for the inner
city. It reduces job availability for residents, and city govern-
ments are denied tax income. When local governments in sub-
urban areas accommodate new employers but fail to revise land
use plans to make room for lower-income employees, they inten-
sify the pressures on the central city.
The experience of the past 10 years in trying to deal with
inner city problems has demonstrated the need for an approach
that fully takes into account the interrelationship among many
varied factors. As the environmental perspective of all citizens
matures to embrace greater concern for the quality of life, it is
hoped that the plight of the inner city may command—in
government and in the private sector—more broadly based efforts
, of a Nation growing more intent upon improving the life setting
for people, wherever they may live.
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GUIDELINES AND REPORTS
2865
-------
2866 LEGAL COMPILATION—GENERAL
status and trends
Achieving environmental quality is not a revolutionary act, it
is evolutionary. Only now are we beginning to marshall the arse-
nal of data, technology, and concern that leads to change. Many
problems exist in making the arsenal adequate to the task.
One of the problems the Council must wrestle with now is
stated in its very mandate. The National Environmental Policy
Act requires the Council on Environmental Quality "to gather
timely and authoritative information concerning the conditions
and trends in the quality of the environment," and "to report at
least once each year to the President on the state and condition
of the environment."
This is an extremely complex and difficult charge to fulfill,
because presentation of meaningful data on environmental qual-
ity conditions and trends is dependent on several important con-
siderations that are currently satisfied only in part. We lack
understanding of environmental phenomena sufficient to permit
agreement on all the elements to measure and describe; we lack
a comprehensive definition and evaluation of environmental data
requirements and priorities; and technology is inadequate to per-
mit collection of some types of data.
the status of monitoring
Monitoring the environment is one of the keys to effective
management for environmental quality. One cannot detect envi-
ronmental changes, desirable or undesirable, natural or man-
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GUIDELINES AND REPORTS 2867
made, without established base lines and repeated observations.
Such measurements are essential for the identification of environ-
mental needs and the establishment of program priorities, as well
as for the evaluation of program effectiveness, and they provide
an early warning system for environmental problems which
allows corrective action to be taken before the problems become
serious.
Recognizing the importance of monitoring to the accomplish-
ment of its responsibilities, shortly after CEQ was created, it con-
tracted for a study on environmental monitoring. This study was
the first step in the Council's overall effort to upgrade environ-
mental monitoring, and as such, it reviewed current monitoring
efforts and programs; it sought to identify indices and indicators
of environmental quality and the data needed to obtain such
indices; and it considered alternative methods to obtain and
utilize these data. The study was recently completed and the
contract report has been circulated to executive agencies for
review.
The results of this preliminary study confirm the Council's
earlier convictions that to measure status and trends in the en-
vironment is an exceedingly complex problem, and that a major
effort still remains to be done to identify data requirements.
Because of the variety of types of requirements as well as the
variety of definitions or ways of perceiving environmental qual-
ity, there is no general agreement on the requirements for or
nature of environmental quality indices. The study proposed
more than 100 environmental indices to promote the discussion
needed to arrive at a generally acceptable set of indices that could
be widely used and understood. The large number indicates
the complexity of the problem and underlines the need for
careful definition of the requirements. The difficulty of deter-
mining such requirements and of obtaining data for these indices
must not be underestimated. It has taken over 100 years to
develop our weather monitoring system. Yet weather is only
a small—and a relatively simple—part of the entire array of
environmental factors on which information is required.
By next year the choice of appropriate initial environmental
indices should be made. It may take several years before a com-
prehensive set of indices has been determined, and it will take
a number of years before truly reliable data can be obtained for
all of these indices. Major changes probably will be necessary in
such basic matters as selection of monitoring sites, instrumenta-
tion, and frequency of samples taken.
CEQ has identified some 56 major monitoring programs in
16 different Federal agencies. Some are quite extensive. For ex-
ample, approximately 24,000 water quantity (hydrological data)
stations and 10,000 water quality (chemical composition) sta-
tions operated by local, State or Federal agencies monitor the
-------
2868 LEGAL COMPILATION—GENERAL
Nation's surface waters. The Office of Management and Budget
(OMB) estimates that the Federal Government in fiscal year 1971
spent approximately $40 million on pollution monitoring and
surveillance activities. This figure does not include extensive
pollution monitoring and surveillance activities by State and
local governments—part of which are supported by Federal
grants to State and local pollution control agencies. Nor does it
include activities by industry to monitor its emissions.
In addition, OMB estimates that a total of $810 million was
spent in fiscal year 1971 for a variety of other activities to under-
stand, describe, and predict the environment. This includes $343
million for operational activities and $128 million for research
and development to observe and predict weather and ocean con-
ditions and disturbances; $74 million for other operational ac-
tivities; and $124 million for miscellaneous activities such as
physical environmental surveys, weather modification research
and development, and ecological and other basic environmental
research.
The Environmental Protection Agency (EPA) has undertaken
a broad study of its environmental data requirements and of its
existing monitoring systems. EPA hopes to develop an integrated
system to provide data required for pollution control.
The choice of appropriate environmental indices involves many
difficult decisions. Apart from the problem of indices, there are
problems with many existing monitoring systems themselves:
Coverage of systems, both geographically and as to pollutants or
parameters measured, is not adequate; sensors are not optimally
located; many measurement instruments are not accurate or
calibrated so that measurements from one location may not be
comparable to another; data collected in various systems often
are not comparable; and there are delays in compiling and an-
alyzing data.
All of these difficulties do not lessen the vital need to collect
and analyze environmental data. Without valid data we cannot
accurately determine the most important problems or the most
cost-effective methods of attacking them. Nor can we evaluate
the success of efforts to correct problems. Monitoring is not a
substitute for action. But in the long run, action without the
knowledge provided by adequate monitoring is more likely to
be ineffective.
Despite the inadequacies of existing efforts, the Council has
attempted to collect and present in this chapter some gauges of
environmental quality. This is only one step in an evolving pro-
gram. The goal is to be able to paint an accurate picture of the
status and trends of the Nation's environment. To do that will
necessitate deciding upon adequate indicators of environmental
quality, determining and evaluating specific data requirements,
and improving data collection methods.
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GUIDELINES AND REPORTS
2869
This chapter presents data on the traditional pollution prob-
lems of air and water pollution, solid waste, radiation, and
pesticides. It deals with newer problems, such as toxic substances,
and with conservation concerns, such as wildlife. Finally, there
are data on factors underlying many of our environmental prob-
lems, particularly population and land use.
trends in air pollution
Overall trends in air pollution present a mixed picture. Am-
bient levels of some of the major pollutants have dropped in
urban areas over the past several years. However, estimated na-
tionwide emissions of air pollutants rose in 1969 (see Table 1).
(For a more detailed explanation of the tables and figures in this
chapter, see the chapter appendix.) The total increase in pollu-
tants by weight, was 3.2 percent above 1968. Air pollution data
are not yet available for 1970, and the data we do have often
lack the desired degree of reliability.
More of every major pollutant was emitted in 1969. Emissions
from fuel combustion in stationary sources, from industrial
processes, and from "miscellaneous" sources all increased. The
large (18.5 percent) jump under "miscellaneous" was due pri-
-------
2870 LEGAL COMPILATION—GENERAL
marily to the increased number and size of forest fires. The con-
tribution to air pollution from transportation and solid waste
disposal declined slightly.
Transportation emissions, primarily from the automobile, gen-
erate most of the carbon monoxide. Fuel combustion—the burn-
ing of coal and oil—creates the majority of sulfur oxides emis-
sions. Transportation and fuel combustion contribute jointly to
emissions of nitrogen oxides.
The greatest single source of air pollution, when measured by
pollutant weight, is the automobile. Transportation contributed
more pollution than all other sources together, and carbon mon-
oxide alone, primarily from automobiles, outweighed the other
four major pollutants combined. However, it is significant that
the contribution of transportation sources declined slightly in
1969. We have apparently reached the peak level of automobile
pollution, and as older cars are replaced by newer ones with pol-
lution devices, which were first installed in the 1967 models in
California and in the 1968 models nationwide, we can expect
automobile-related pollution to decline. The 1975 and 1976
emission standards will quicken this decline. But in the long run,
if the number of cars on the road continues to increase at the
present rate, even the effect of these controls eventually could
be negated—unless something else is done.
There are no firm data on the reasons for the slight decline in
solid waste emissions. However, it is probably due to a reduction
in open burning at municipal dumps.
It is somewhat misleading to consider air pollutants in terms
of their aggregate weight. We worry about pollutants because of
their effects, and, other things being equal, a pound of sulfur
oxides is a far more serious threat to health and welfare than a
pound of carbon monoxide.
Measuring pollutants by tons emitted also ignores their geo-
graphical distribution. We are generally concerned with the con-
centration of pollutants in a particular place, but measuring
total weight of emissions tells us nothing about their concentra-
tion. One might expect that the increase in total emissions over
the past several years would cause corresponding increases in
ambient concentration levels (often referred to as air quality).
But, in fact, this has not been the case, as Figure 1 shows. Am-
bient levels of sulfur dioxide and carbon monoxide have de-
creased. Levels of paniculate matter (TSP—total suspended
particulates) have stayed about the same.
The disparity between weight of emissions and ambient levels
is due partly to the application of controls in the larger cities
where ambient levels are measured. New York City, the State of
New Jersey, and other locations have succeeded in lowering
emissions of sulfur oxides and particulates through stringent en-
forcement of standards. Thus the air quality in the urban areas
-------
GUIDELINES AND REPORTS 2871
Figure 1
Trends in Ambient Levels of Selected Air Pollutants
S9000
o
1957 19581959 196(Tl961 1962 1963 1964 1965 1966 1967 1968 1969 1970
Source: The Mitre Corp. MTR-6013. Based on Environmental Protection Agency data.
has improved, but total weight of emissions has continued to in-
crease outside these areas.
The disparity is also due partly to the method by which am-
bient levels are measured. The trends in Figure 1 are based on
only one sampling station in each city. Thus it is uncertain how
well the figures for each city actually represent the air quality in
the entire community. The movement of heavy industry to loca-
tions outside the central city improves air quality in the city but
does not reduce the total amount of pollutants emitted. On the
other hand, the figures for total weight of pollutants emitted are
based on extrapolations from a variety of data sources and not
on actual measurements. Therefore their validity is also uncer-
tain.
The importance of where the monitoring site is located within
a particular community cannot be overemphasized. Wide varia-
tions in recorded ambient air levels can occur from site to site
within the same city, depending on the location of the sites. For
example, although EPA's National Air Sampling Network
(NASN) sites are generally located in the central city, State and
local sites may be closer to major pollutant sources, because such
stations are often sited for possible enforcement actions. Thus
the NASN data often show much cleaner air conditions than the
State and local data.
The dispersion of pollutants may create other problems, such
as changes in global climate or atmospheric conditions. It has
-------
2872
LEGAL COMPILATION—GENERAL
been hypothesized, for example, that an increase in carbon diox-
ide levels could raise the global temperature enough to raise the
level of the ocean because of melting of the polar icecaps.
Measurements at the National Oceanographic and Atmospheric
Agency's Mauna Loa Observatory indicate that compared with
1958 through 1968, the rate of increase of atmospheric carbon
dioxide nearly doubled during 1969 and 1970. The earlier data
point to an average annual increase of 0.7 parts per million.
But the recent measurements show that the carbon dioxide con-
tent at Mauna Loa has climbed 1.35 parts per million during
each of the last 2 years. Scientists now are investigating the
reasons for this accelerated rate of change. The complete carbon
dioxide cycle must be studied intensely and mathematical models
must be developed to simulate the effects of changes in the
atmospheric content upon climate.
Figure 1 shows that levels of total suspended particulates are
much higher in urban than in nonurban areas. However, the
differences seem to be diminishing, perhaps because of greater
dispersion of industrial plants and the movement of population
out of central cities. Figure 2 shows that the ambient levels of
Figure 2
Relationship of Air Pollution and Population, Second
Half 1969—First Half 1970
Nonurban Urban <10K>10K> 25K >50K > TOOK >400K >700K >1M >3M
Population Size
Source: The Mitre Corp. MTR-6013. Based on Environmental Protection Agency data.
-------
GUIDELINES AND REPORTS
2873
particulates, sulfur dioxide, and nitrogen oxides correlate with
population size: the larger the population of the community, the
higher the levels of pollution.
Figures 1 and 2 both give values which are aggregated for
many communities. However, there are wide variations in levels
of air pollution from city to city. The variation can be seen from
Table 2, which shows the levels of major air pollutants in six
large cities. There are also regional variations in pollution levels
because of the type of fuels used and the patterns of population
distribution.
Another indicator of variations in pollution levels from city to
city and of the problems with using average air quality figures
"- * \' NjKfc/* sy* «!V<»«f-**> - ** " JW '«*"ff •
.
-------
2874 LEGAL COMPILATION—GENERAL
are so-called "episodes." These are periods when the air pollu-
tion in a particular community reaches dangerously high levels.
A good example of such an episode occurred in Birmingham,
Ala., this year. In previous years, levels of particulate matter,
measured in micrograms per cubic meter of air, had averaged
155 during April in Birmingham. From April 15 to 21, 1971,
they soared to an average of 372, reaching a peak of 607 during
April 19-20. Families living in high exposure areas suffered from
increased respiratory irritation symptoms, including cough, burn-
ing of throat or chest, and shortness of breath. Calls or visits to
physicians were more frequent, and more persons reported re-
stricted activity. Most pollution episodes are due to a combina-
tion of high continuous levels of pollution output aggravated by
meteorological conditions, particularly inversions, which prevent
the pollutants from dispersing.
The data in this section do not provide any easy answer to the
question of whether air pollution in the United States is getting
better or worse. Overall emissions, measured by weight, are still
increasing along with increases in population and production,
although the expected reduction in automobile emissions proba-
bly will begin to reverse this trend. Ambient air quality levels
seem to be generally improving, at least in the places where the
sampling stations are located. Most large cities still must make a
major effort to reach newly set national air quality standards.
trends in water pollution
The same problems that beset nationwide air pollution figures
beset water pollution monitoring. The geographical coverage,
the wide variation in local conditions, the assimilative capacity
of water bodies, and the interaction of pollutants complicate any
attempt to give a picture of the status and trends of water pollu-
tion in the United States. Given these difficulties, EPA has relied
on statistical extrapolations and on judgments by personnel in the
field to arrive at an estimate of the quality of the Nation's water.
The most commonly used measure of the effect of wastes on
water quality is 5-day biochemical oxygen demand, referred to
as BOD. This is the measure of the amount of oxygen used in
5 days by the biological processes involved in the stabilization
of organic matter. Lack of oxygen (produced by high BOD) may
make the water unusable for recreation and other purposes.
EPA estimates that the BOD of wastes actually discharged into
receiving waters in 1968 was only slightly larger than the BOD
of wastes discharged in 1957. The total BOD produced—but not
necessarily discharged—during this period doubled, due pri-
marily to the great increase in manufacturing activities. But the
doubling of the production of wastes was just about canceled
by increased waste treatment capacity. ("Production" of BOD is
-------
GUIDELINES AND REPORTS 2875
the amount which would have been discharged if there had not
been any treatment.)
Between 1964 and 1968, the increase in BOD produced annu-
ally is estimated to have been 8.1 billion pounds. Almost 90 per-
cent, or 7.2 billion pounds, came from increased production.
About 12 percent of the increase attributable to industrial pro-
duction was due to increased demand for products resulting from
population growth. The remaining 88 percent was due to in-
creased per capita consumption of goods.
Many other measures of pollution, aside from BOD, are being
monitored and are relevant in assessing water quality. For ex-
ample, BOD does not measure the rate of eutrophication—or
aging—of the Nation's lakes and rivers. Nor does it tell the
extent to which toxic materials, such as mercury and other heavy
metals and pesticides, are entering the water. Nor does it meas-
ure the amount of nonbiodegradable chemical wastes polluting
the water.
Although the BOD level of wastes actually discharged has re-
mained roughly constant in recent years, the overall quality of
the Nation's waters probably has deteriorated because of acceler-
ated eutrophication, increased discharges of toxic materials,
greater loads of sediment, and other factors. The increase in these
pollutants has been generated by greater use of phosphates in
laundry detergents, pesticides and fertilizers in agriculture,
chemicals and metals in industrial processes, and increased con-
struction. The Environmental Protection Agency estimates that
almost one-third of U.S. stream-miles are characteristically pol-
luted, in the sense that they violate Federal water quality criteria
(see Figure 3 and Table 3). Less than 10 percent of U.S. water-
sheds were characteri/ed by EPA regional offices as unpolluted or
even moderately polluted. However, these estimates are quite
subjective and are not based on actual monitoring data.
Although the data conflict, it appears that industrial wastes
are the largest source of organic water pollution nationwide.
Municipal and agricultural wastes are the next two largest sources.
However, on the Pacific Coast and in the Plains States, agricul-
ture is the prime cause of water pollution. In the Central States,
municipal wastes are the major contributor, and in the Southeast
and Northeast, industrial wastes predominate.
Agricultural pollution differs markedly from municipal pollu-
tion. Municipal sources discharge a relatively constant addition
of pollutants to the Nation's waters. Agricultural pollution from
feedlots and crop growing practices send out "slug loads" (large
amounts at irregular time intervals) of organic pollutants plus
nitrates, sediments, and sediment-associated phosphates which
enter water bodies together with rainfall runoff. Irrigation dis-
charges large quantities of nitrates plus millions of tons of other
dissolved inorganic salts.
-------
2876
LEGAL COMPILATION—GENERAL
-------
GUIDELINES AND REPORTS
2877
Data have been collected for several years on the number of
fish killed each year by water pollution. These figures generally
have shown an increase, from 6 million in 1960 to 15 million in
1968 and 41 million in 1969. However, this increase is accounted
for, at least in part, by improved reporting of such kills. Many
of the fish killed are "trash fish," such as carp. Because these fish
can live in highly polluted waters, massive kills of these species
emphasize the severity of the pollution and its impact on the
environment.
Another measure of a particular form of water pollution is the
number of significant oil spills. The figures for such spills are
strongly influenced by changes in reporting requirements. But it
is significant that the number of reported spills of over 100 bar-
rels of oil in U.S. waters increased from approximately 67 in
1969 to 92 in 1970. The 1969 spills of over 100 barrels totaled
380,000 barrels of oil. This declined to about 185,000 barrels in
1970. A major part of the difference is traceable to a single spill
of 218,000 barrels from the collapse of an onshore storage tank
in Seewarren, N.J., in 1969. The dominant influence of very large
spills can also be seen by comparing these figures to the 715,000
barrels discharged when the Torrey Canyon crashed off the
Estimated Prevalence of Water
Region, 1970
Region
Pacific Coast
,
Southern Plai ns
Southeast
Central • •
East of Mississippi
' -RWff '. . -, : •
West of Mississippi
'
of stream
miles
polluted
33,9
46,0
' 38.8
•23i3
36.6
,A3,t
31,6
35.5
32.6
; Jk¥ j",<
Source: Eiwirenmentil Protection Axency,
-------
2878 LEGAL COMPILATION—GENERAL
English coast in 1967. However, the amount of oil spilled acci-
dentally on a worldwide basis probably accounts for less than
10 percent of all oil introduced directly into the earth's waters.
The other 90 percent comes from routine activities of oil tankers,
refineries, and gasoline filling stations.
According to the one study conducted recently, dumping wastes
in the ocean apparently has declined over the past 2 years in the
United States. This study examined ocean dumping (excluding
dredge spoils) for the U.S. Pacific Coast. It determined that
dumping has decreased sharply from 1 million tons in 1968 to
24,000 tons in 1971. A similar decrease is predicted for the rest
of the United States. The decline in ocean dumping seems due to
more stringent State and local regulation, particularly by the
State of California, and the voluntary cessation of dumping in
anticipation of Federal legislation.
radiation
For the general population the most significant amounts of
radiation exposure are from natural background sources and
medical applications. Background radiation comes from cosmic
rays and radioactive material naturally existing in the soil, water,
and air as well as within our bodies. The average background
level is in the range of 100 to 125 millirems per year. (One mil-
lirem equals I/1,000th of a rem. Rem stands for "roentgen equiv-
alent man" and reflects the amount of radiation absorbed in
human tissues and also the quality of the type of radiation.)
The current Federal radiation protection guides call for
maximum limits of 500 millirems per year (for whole body expo-
sure) from all manmade sources excluding medical sources for
individual members of the general public, and 170 millirems per
capita per year for population groups—based upon a suitable
sample of those exposed. Keeping exposures as low as practicable
below these numerical values is a fundamental aim of radiation
protection measures.
Manmade sources of radiation include medical devices and
Pharmaceuticals, nuclear weapons tests and nuclear power facili-
ties, devices used in industry and science, and radiation-releasing
consumer products such as color TV sets and luminous dial
watches. The National Academy of Sciences is now conducting
an extensive study for the Environmental Protection Agency
which will include an analysis of the contribution of various
sources to man's total radiation exposure. The study will be
completed within the next year.
Environmental radiation levels have declined markedly since
the early 1960's because of the moratorium on nuclear weapons
tests in the atmosphere (see Figure 4). The peaking in the early
-------
GUIDELINES AND REPORTS
2879
1960's was due largely to an increase in nuclear testing just before
the moratorium.
Although nuclear powerplants have increased over the last
decade in terms ot electrical energy output, their contribution to
environmental radiation remains relatively small. A 1969 study
of 13 operating powerplants concluded that the annual dose to
the total population living within 50 miles of these sites averaged
about 0.01 millirems. This compares to a typical additional
exposure dose of 2 to 4 millirems for a coast-to-coast airplane
flight and is well below 1 percent of both the radiation protec-
tion guides and typical natural background exposure. As dis-
cussed in Chapter 1, the Atomic Energy Commission has recently
proposed new regulations limiting radioactivity in effluents from
nuclear powerplants.
The largest source ot manmade radiation stems trom X-rays
and other medical uses of radiation. In 1964 the average annual
genetically significant dose from diagnostic medical X-rays was
55 millirems per person. The "genetically significant dose" means
the average dose to the sexual organs ot persons of child-bearing
age. It is generally believed that radiation exposure from medical
Figure 4
Selected Radioactivity Trends
f ^i«k
fcv-ffl
lJ3i
A ,5*S"ASf«l*.-*a2. s*e*j3'»*<>:fl»V: <»*«?
- '7\v-; ^- ^a
^ f^^fe-n *m
:s^
-------
2880 LEGAL COMPILATION—GENERAL
sources has increased over the past 7 years because of increased
use of X-rays. Estimates for the 1970 genetically significant dose
based on such factors as hospital examination rates and X-ray
film sales range from 60 to 95 millirems. A better value will be
available next year alter an extensive HEW field survey of X-ray
exposures is completed.
pesticides
Since the publication of Rachel Carson's Silent Spring 10
years ago, the use ot chemical pesticides has stirred intense con-
troversy and concern. The major concerns fall into three cate-
gories: acute toxicity to humans, chronic (or delayed) toxicity to
humans, and adverse effects on the natural environment.
An acutely toxic effect is immediate injury to a person who
comes in contact with chemicals, either accidentally or in crop
harvesting or while applying the chemical without exercising
proper caution. Delayed health effects, which have been produced
experimentally in laboratory animals, are those such as liver
injury, damage to the nervous system, or cancer. In man it may
be many years before actual symptoms appear.
It has been well established that human beings have accumu-
lated pesticide lesidues in their bodies. The average young
American child contains about 5 parts per million DDT. The
content in older persons is slightly higher. DDT and other pesti-
cides have been observed to cause measurable changes in body
chemistry. However, there is no conclusive evidence that pesti-
cide dosages found in the environment, or even doses several
times the normal exposure, lead to any increase in disease or
illness.
There is information about the movement of pesticides through
the environment and the routes by which man is exposed to
particular chemicals, but even these data are scanty. We do not
know how much of human exposure to pesticides is via air, water,
or food. The amounts of particular pesticides in food are subject
to detailed regulation and thus have been fairly carefully moni-
tored. The results of this monitoring are shown in Figure 5. It
shows the level ol particular pesticides found in a typical diet, as
a percentage of the standards established by the World Health
Organi/ation. With one exception (aldrin-clieldrin), the dietary
intake for each pesticide is well below the allowable standards.
This general finding is reinforced by the fact that the foods ex-
amined by the Food and Drug Administration (FDA) in recent
years have generally contained far less pesticide residue than is
allowed by FDA—and now EPA—tolerances.
The principal documented ill effects ot pesticides have been
on the environment—specifically on birds, shellfish, wildlife, and
beneficial insects. Like humans, these creatures can be sickened
-------
GUIDELINES AND REPORTS
2881
Figure 5
200
Dietary Intake 100%
of Selected
Pesticide
Chemicals
s
CO
O
_O
a
1.0 -
Heptachlor, Heptachlor
Epoxide
1964-65 1965-66 1966-67 1967-68 1968-69 1969-70
Source: Inner City Fund. Based on U.S. Department of Health,
Education, and Welfare, Federal Drug Administration data.
or killed by acute exposure to pesticides. Of 69 bald eagles found
dead in 25 States between 1966 and 1968, eight had lethal levels
of dieldrin in the brain and another probably died of DDT
poisoning. In May 1971, 48 bald eagles were discovered dead in
Wyoming. It was determined in the wake of a public outcry that
many of the eagles had been killed by thallium, a highly per-
sistent and toxic poison used in animal control.
Less visible, but of greater ecological importance than the
deaths ot individual creatures, is the impact on whole wildlife
populations by chronic environmental exposure to pesticides.
This is discussed later in this chapter in the section on wildlife.
U.S. production of pesticides totaled 1,133 million pounds in
1969. Another 6 million pounds was imported, while 409 million
pounds was exported, making a net domestic usage of 730 million
pounds. This represents a slight decline from previous years.
Pesticides are grouped into classes according to their chemical
composition and the type of pest they are designed to control.
About half of U.S. pesticides production was insecticides, among
them chlorinated hydrocarbons (e.g., DDT, dieldrin, toxaphene,
-------
2882 LEGAL COMPILATION—GENERAL
Mirex),organophosphates (e.g.,malathion, parathion), carbamates
(e.g., carbaryl), botanicals (e.g., pyrethrins), and inorganics (e.g.,
lead arsenate).
The three types of pesticides which have caused the most
worry in recent years are the chlorinated hydrocarbon and or-
ganophosphate insecticides and the phenoxy herbicides. Although
the chlorinated hydrocarbon insecticides are low in acute toxicity,
they degrade slowly in the environment and are soluble in body
fat. Therefore, they persist in the environment and are concen-
trated by animals and man through the food chain. Low environ-
mental concentrations may be multiplied many times by this
phenomenon, resulting in the effects discussed above. The or-
ganophosphate insecticides are generally not very persistent. They
are, however, much more acutely toxic and more dangerous to
formulators, applicators, and persons accidentally ingesting the
chemical. They are also more expensive, and because they are
nonpersistent require repeated applications to achieve adequate
control.
In recent years there has been a trend away from the use of
persistent pesticides and toward the substitution ot organophos-
phate chemicals for insect control. There has also been a signifi-
cant increase in the use of herbicidal chemicals. These trends
are partially illustrated in Figure 6, which is based on production
of pesticide chemicals. However, the figure does not show the
increased use of organophosphates. The data on herbicide use
include military use, and thus much of the increased consump-
tion between 1965 and 1968 is from use of 2, 4-D and 2, 4, 5-T
in Vietnam. The reasons for the sharp drop in the aldrin-toxa-
phene group in 1968 are not clear.
The trend toward using less persistent but more toxic pesti-
cides should eventually alleviate some of the adverse environ-
mental effects which have been caused by pesticides. However,
it will probably also result in a higher incidence of accidental
poisonings. Several deaths were reported last year in North
Carolina as due to exposure to parathion, an organophosphate
insecticide used as a substitute for DDT.
toxic substances
Within the past months, increasing concern has surfaced over
the problems of metals and small amounts of organic chemicals
in the environment. Primary attention has focused on metals—
particularly mercury. The increasing consumption of some metals
with known toxic properties is shown in Table 4.
High levels of mercury have been reported in both salt and
freshwater fish. There is evidence to indicate that the mercury
problem may become even more acute and that the levels in
fresh water fish will rise over the coming years. There is a great
-------
GUIDELINES AND REPORTS
Figure 6
Domestic Use of Selected Pesticides Estimated
from Production Levels, 1950-69
2883
amount of mercury deposited in bottom sediments, and the rate
at which these deposits are absorbed by micro-organisms will
increase. This is because a larger number of micro-organisms are
being produced by the increase in amounts of nutrients entering
U.S. waters. Thus more mercury will be available to the fish
which feed on the micro-organisms, and in turn, to humans who
feed on the fish. Some of the efforts to stem the flow of mercury
into the environment have been described in Chapter 1.
Lead, another heavy metal potentially dangerous to health, has
been increasing in the environment. A 1971 EPA-supported study
found that lead levels in the air have increased significantly over
the past 7 years at several locations in Cincinnati, Los Angeles,
and Philadelphia. All the sites monitored tor lead in these cities
showed increases ranging Irom 2 to 64 percent over the 7-year
span. Another study showed lead levels in the air in San Diego,
Calih, rising at the rate of 5 percent a year. Another study states
that the upper layers of the oceans seem to be polluted with
industrial lead and that lead seems to be entering the oceans
through rivers at greater rates today than was common in the
past. Atmospheric levels of lead may be reaching the point at
which widespread adverse health effects are likely, although the
-------
2884
LEGAL COMPILATION—GENERAL
relationship between atmospheric levels and levels in the blood
lias not been determined, and the danger posed by current levels
of lead in the atmosphere is uncertain.
Overall monitoring of particular toxic substances in the en-
vironment requires knowledge ot all sources of exposure. Such
data have not yet been collected in a systematic fashion. How-
ever, steps are underway to build an integrated framework for
such monitoring. Also, as our knowledge ot heavy metals and
other toxic substances expands, new problems will become ap-
parent. For example, it has been suggested that other elements,
such as cadmium and arsenic, may concentrate in highly toxic
forms in a fashion similar to mercury. The existence ot such
processes has not been proved, but the possibility illustrates the
need for much greater knowledge about the paths of pollutants
through the environment.
solid waste
It is generally assumed that the per capita production of solid
waste has increased over the past few years. There are few data
-------
GUIDELINES AND REPORTS 2885
to measure this increase—nor are there sufficient data on how
adequate the disposal methods are. The figures which do exist
relate primarily to the amount of wastes collected. And even
these are incomplete and difficult to analyze in a meaningful way.
For example, the amount of wastes collected in a community
may be increased by outlawing backyard burners. It may be
decreased by installing home garbage grinders, although grinders
will increase liquid wastes and put greater pressure on the capac-
ity of the community's sewage treatment facilities.
Any truly satisfactory solution to the problems of waste must
involve changes in our definition oi what "waste" is. We now
have the technology to recycle much of the material that is
treated as waste and thereby return it to useful purposes. How-
ever, market and other incentives in recent years have tended to
work against recycling. As a result we reuse less and less as popu-
lation, per capita consumption, and changes in production
processes add increasingly more and more to the amount of
material which must be disposed. Figure 7 indicates the steadily
decreasing reliance on recycled materials in the manufacture of
paper. The trends in many other major industries are similar.
Figure 7
Trends in Composition of Paper
percent
1929 1935 1940 1945 1950 1955 1960 1965 1970
Source: Midwest Research Institute.
-------
2886
LEGAL COMPILATION—GENERAL
The use of scrap in making aluminum, copper, zinc, and lead
increased between 1963 and 1965, reached 40.9 percent of ma-
terial used in 1965, and then declined to 38.6 percent in 1967,
the last year analyzed. Retreaded tires used as a percentage of
total tire consumption declined from 27.3 percent in 1958 to 18.5
percent in 1969.
In some industries, the amount of material recycled has stayed
generally constant. However, there has been increasing reliance
on reusing wastes produced in the factory and thus a decrease in
the waste materials purchased. For the past 15 years, scrap has
provided about 50 percent of the total material used in iron and
steel production. But the percentage of scrap purchased lias de-
clined because of greater utilization of factory wastes.
The same trends away from reuse and toward higher per capita
consumption can be seen at the consumer level. The consumption
ot packaging materials lias increased from 404 pounds per capita
in 1948 to 578 pounds per capita in 1970. It is expected to rise
to more than 660 pounds per capita by 1976. Figures 8 and 9
confirm the visual evidence along our highways—that more and
more packaging is nonreturnable, and a portion will end up as
litter. The projections indicate that this trend will continue for
Figure 8
Soft Drink Containers by Type, 1957-76
Market Share (percent)>
100
1959 1961 1963
1 Based on total fillings.
Source: Midwest Research Institute
1965 1967 1969 1971 1973
1975
-------
GUIDELINES AND REPORTS
Figure 9
Beer Containers by Type, 1957-76
Market Share (percent)'
70
2887
60
50
40
30
20
10
s.-. -
,• <>^«,^
-------
2888
LEGAL COMPILATION—GENERAL
the protection of these animals is essential for the welfare of
society. In June this year at the meetings of the International
Whaling Commission, the United States took the position that
the status of the world's whale populations is of American con-
cern because of their role in maintaining the health ot the ma-
rine environment as well as their potential commercial value.
There has been a significant trend toward increased public use
of wildlife for nonhunting, noneating purposes—mostly viewing
and photographing. The largest area of wildlife habitat on
public lands in the country is managed by the Bureau of Land
Management, and its visitor use data provide a good indicator
of this trend. During the past year there has been more than
a 10 percent increase over 1969 in total visitor days, and 88.2
percent of this increase was in visits for nonconsumptive wild-
life uses. Hunting visits dropped nearly 2 percent, fishing visits
increased 6.4 percent, and nonconsumptive visits increased by
25 percent (Table 5).
^•l^f'lrffl^' i
/ ,' > * . ". , \ %,f4i/«-;' «« wrtlten* Uw' ' ?«'V- 4"- '?,!
,-« , KI«lftimT.;« ^* .fJ??»r,-
§.2,'
9-X'
9..?
»«.! ,
•. Bufeau of Land Management,
This trend is apparent on other public lands. In America's Na-
tional Forests big game populations and the hunter visitor days
have remained almost static in recent years (Table 6). Sport
fishing has shown a similar trend. However, while hunting and
fishing use has remained relatively constant, the total use of these
lands has increased significantly, indicating again the trend to-
ward increasing nonconsumptive use of wildlife resources.
Traditionally, however, wildlife has been equated with "game."
Most use of wildlife, and consequently, most research and man-
agement effort, have been associated with harvest. Wildlife pro-
vided an important food source in pioneer times, and sport hunt-
ing has been an important recreation activity since then. Today
nearly 14 million Americans are hunters ot big and small game.
-------
GUIDELINES AND REPORTS 2889
IFWlStMS^TQ1
(In millions of visitor Hays)
'. vaaf
"w •*•-*- •*•-'• Total
i' ," SpN»?S»lM*»M»« «ttt» ioleflo^
V-^f ^ ; -
Fishing is pursued by other millions as a form of recreation,
and it also supports a si/able commercial industry. The West
Coast and Alaskan shellfish and finfish industries, for example,
produce an annual catch valued in excess of §160 million and
employ 56,000 people.
The traditional game animals include most of the larger North
American mammals—blacktail, whitetail, and mule deer, elk,
moose, antelope, caribou, mountain goat, bighorn sheep, wild
pigs, and bears. Small game includes squirrels, rabbits, and many
furbearers, such as muskrat, laccoon, mink, and fox, which are
widely trapped for their pelts. Game birds include ducks, geese,
doves, pheasants, pigeons, turkey, quail, grouse, and partridges.
In the United States and its adjacent waters, there are about 400
species and subspecies of native mammals and just under 800
species of birds. Consequently, although they receive nearly all
the direct research and management attention, the game birds
and mammals constitute a very small percentage of the total
number of species of American wild birds and mammals.
There is far more information available on the status of game
than on nongame species. On a nationwide basis during the past
year, the populations of most big game mammals have remained
relatively stable, as have most other game species. Exceptions
include the mourning dove and the black duck, both of which
have been declining in numbers since the 1950's in spite of in-
tensive management.
In most cases data on the status and recent trends of nongame
species are relatively poor. Rare and endangered species have
received special attention, in part because of the passage of the
Endangered Species Conservation Act of 1969. The Bureau of
Sport Fisheries and Wildlife published a revised list ot endan-
gered native species in October 1970. Compared with the previ-
-------
2890 LEGAL COMPILATION—GENERAL
ons list, five species had been removed hut 21 had been added,
bringing to 101 the total number of species of birds, mammals,
fishes, reptiles, and amphibians on the present list. In the case of
mammals, about 17 percent of the total wild species of the
United States and surrounding waters are now listed as "rare,"
"endangered," or "status undetermined." Some mammalogists
have estimated that it more complete data were available, about
one third of the mammal species ol the United States would be
on this list.
From the available evidence, it would appear that populations
of many—but by no means all—species of nongame wildlife are
declining to some degree. The species high on the food chains,
particularly the large predatory mammals and birds, appear to
be deeply affected. Animal control activities, especially those
using poisons, combined with pesticides and other toxic sub-
stances in the environment also contribute to the decline. Pesti-
cide residues and other toxic substances are concentrated as they
pass up through the food chain. This means that top predators
receive particularly high dosages. Either this is lethal in itselt or
it may affect reproduction by causing a thinning in egg shells of
birds. Research in 1970 showed thinning ol egg shells in 21 bird
species, most of which are fish eaters. Declining populations have
been related to this thinning in six or seven species. The nearly
total reproductive failure ol the Brown Pelican off California
and the current decline among Eastern Brown Pelicans has been
traced to shell thinning and pesticide residue content. A 1970
survey by Cade and Eyle (published in the Canadian Field Natu-
ralist) of the Peregrine Falcons in Nortli America concluded that
the falcon population was continuing its marked decline because
of exposure to chlorinated hycliocarboiis and that "at the cur-
rent rate of decline, the peregrine may become extinct in North
America in this decade."
The average residue ol organic chlorinated compounds in
American eagles did not increase in 1970. However, environ-
mental poisons (aldrin, dieldrin, lead, mercury) now rank third
as a causal agent in the deaths ot these birds.
Animal control activities, particularly those involving the un-
restricted use ol persistent poisons, pose a serious threat to bird
and mammal predators. The eagles poisoned in Wyoming, dis-
cussed above under pesticides, illustrate well the nature ol this
problem.
Habitat changes impact on all wildlife populations. Losses of
wetlands, open space, and other environmentally critical areas
are discussed below in the section on land use. Drainage pro-
grams, channeli/ation, and changes to more intensive agricul-
tural practices continue to reduce or alter wildlife habitat, par-
ticularly on the Nation's private lands. Water pollution con-
tinues to damage the habitats of fish and some other kinds ot
-------
GUIDELINES AND REPORTS 2891
wildlife, and there are increasing numbers of pollution-related
fish kills.
Finally, a new and serious threat to wildlife comes from the
rapidly increasing use of off-the-road vehicles—large numbers of
pickup trucks, four-wheel-drive cars, snowmobiles, dune buggies,
motorcycles, trail bikes, and others. The unrestricted use of these
vehicles has already seriously altered the fragile desert environ-
ments and is affecting all other habitats they touch. They affect
wildlife both by tearing up the habitat and by hunting or dis-
turbing it directly. Snowmobiles are particularly destructive to
wildlife, because they let their riders chase down and kill, inten-
tionally or otherwise, animals already weakened by winter con-
ditions.
Diversity is an important environmental factor in part because
ot the stability it gives to ecosystems. As we progressively simplify
the ecosystem through such activities as single-crop agriculture,
we make our environment more vulnerable to sudden and often
disastrous changes. The diversity of wildlife thus serves as a
significant component and indicator of environmental quality.
population
Population is a critical environmental factor. Its growth con-
tributes to most other environmental problems. Moreover, the
density and distribution of population are intrinsically impor-
tant in determining the quality of the environment.
The 1970 population ot the United States was 204 million.
Tins is double the population in 1920. At the current rate of
growth, we will reach 300 million around the year 2008.
The large number of persons now in the child-bearing-age
range makes continued population growth all but inevitable.
The Commission on Population Growth and the American Fu-
ture reports:
Even if immigration from abroad ceased and families had only two children
on the average—just enough to replace themselves—our population would
continue to glow until the year 2037, when it would be a third larger than
it is now.
The effects of a three-child family versus a two-child family
are shown in Figure 10.
The Commission has also commented on the difficulties of
achieving zero population growth now:
Our past rapid growth has given us so many voung couples that they would
have to limit thcii childbeaiing to an average of only about one child to
produce the number of births consistent with immediate /ero growth. Ten
years from now, the population under 10 years old would be only 43% of
what it now is, with disruptive effects on the school system and ultimately
on the number of persons entering the labor force. Thereafter, a constant
total population could be maintained only if (his small generation in turn
-------
2892
LEGAL COMPILATION—GENERAL
Figure 10
Projected U.S. Population: Effects of 3-Child and
2-Child Families
1000
900
1890 1910 1930 1950 1970 1990 2010
Source: Commission on Population Growth and the American Future.
2030 2050 2070
had two children and their grandchildren had nearly three children on the
average. And then the piocos would again have to reverse, so that the
overall effect for many years would be that of an accordion-like mechanism
requiring continuous expansion and contraction.
Although stabilization of population at the current levels does
not seem possible, there is widespread recognition that popula-
tion growth is a problem that must be explicitly considered in
government planning and policy. It is particularly essential that
population growth be considered with respect to its impact on
the availability of natural resources. The report of the Commis-
sion on Population Growth and the American Future, due next
year, should provide a benchmark for further efforts.
land use
The characteristics of land use, whether of the manmade or
the natural environment, are an essential part of environmental
quality. In themselves they are a major factor in the quality of
-------
GUIDELINES AND REPORTS 2893
our environmental experience. They are also important influ-
ences on many other environmental factors ranging from air pol-
lution to the preservation of fish and wildlife.
Two categories of land—wetlands and open space—are under
particular pressure from development.
Wetlands are the major food source and habitat for an enor-
mous variety of birds, fish, and other wildlife. At least two-thirds
of the world's entire fisheries harvest spends an essential portion
of its life cycle in estuarine wetlands or is dependent on species
that do. Open space is a critical resource for human enjoyment.
Unfortunately, it is impossible to give an adequate account of
trends in these areas. Aggregate data do not show anything more
than the general direction of movement. They fail to differenti-
ate among particularly valuable wetland ecosystems and do not
express the true losses or gains in animal or plant life as a con-
sequence of destruction or conservation of a particular wetland.
The students of a particular animal species may know that the
elimination of a relatively few specific areas can eliminate the
species. But gross data do not speak to losses of the rare or
unique.
Similarly, open space data, even differentiated between recrea-
tion lands in urban and nonurban areas, fail to address the
problems of convenient access, adequacy of facilities, or proxim-
ity to homes. But such data are necessary to indicate the contours
of change—whether things are getting better or worse as leisure
time, population, and use of outdoor areas increase.
The last comprehensive survey of the Nation's wetlands was
conducted in 1955 by the Fish and Wildlife Service of the De-
partment of the Interior. Not only are the figures from the survey
now dated, but also it was oriented primarily toward waterfowl
productivity and thus may not have covered all wetlands. It re-
ported that 85 percent of the country's wetlands were inland
fresh water areas, 5 percent were coastal fresh water areas, and
7 percent were coastal saline areas (see Table 7). The smaller
acreage of the coastal wetlands should not obscure the fact that
they provide most of the food for marine life. The inland wet-
lands serve primarily as places tor waterfowl to nest and as criti-
cal factors in natural flood and drought control.
During the early years when America was first settled, there
was an estimated 127 million acres of wetlands. By 1955 an esti-
mated 75 million acres remained, and with each passing year the
total acreage of wetlands declines. The two big- causes of wet-
lands loss are drainage of land for agricultural purposes and
dredging ami filling for housing and other urban development.
Between 1959 and 1966, nearly 138,000 acres of wetlands were
drained each year for agricultural purposes just in the States of
North Dakota, South Dakota, and Minnesota. This loss of wet-
-------
2894
LEGAL COMPILATION—GENERAL
w> %
r;; <» -Ll&# ?:>ij!>.*
- -j- %/.... •»••*'
•'&&*<* ti,"f,t«&''.--. v*
{f%«?V.l,-.? v V
" IS^- >;5^-r-
fTc-c
lands, however, has been partially offset by the creation of new
wetlands. According to the Department of Agriculture, approxi-
mately 239,000 acres of wetlands have been established for im-
proved habitat for wetland wildlife in the United States. How-
ever, the wetlands that are created often are ecologically quite
different from those lost and may not serve the same ecological
functions or provide for the same type of wildlife use.
Gross data indicate that during the period 1954-64, New York
and Connecticut lost more than 29 percent and 12 percent, re-
spectively, of their coastal wetlands (see Table 8). An analysis
of wetlands destruction resulting in estuarine habitat losses in
New York, Florida, and California reveals that more than
200,000 acres valuable as habitat were lost to dredging and
filling for various purposes between 1950 and 1969 (see Table 9).
Five hundred and seventy-five million acres of open land was
available for public recreation in 1965, when the last comprehen-
sive survey was completed; 447 million acres was Federal land,
45 million acres was State and local public land, and 83 million
acres was privately owned.
Acquisitions by the Federal Government of land for National
Forests and Parks have grown steadily in recent years: 241,000
acres ol open space were acquired in fiscal 1969 through the use
of hinds Irom (he Land and Water Conservation Fund—com-
-------
GUIDELINES AND REPORTS
2895
•»"•"? ' -*, ,Jy*,**iffl
^ >A
*AV^
-------
2896
LEGAL COMPILATION—GENERAL
pared with only 33,800 acres in fiscal 1966 (see Table 10). How-
ever, this is only a very partial picture of Federal open space
activities. Land tor recreation and other purposes is acquired by
several agencies of the Government under a variety of legal au-
thorities. To some extent these acquisitions may be offset by
Federal disposal of lands by a variety of agencies under a large
number of separate legal authorities. The total acreage available
for public recreation is shown in Table 11.
The enjoyment of open space does not necessarily require pub-
lic access. Private farming and forestry activities near urban areas
often provide scenic beauty and visual relief. Agricultural activi-
ties in metropolitan areas often supply sound and visual buffer-
ing and even pollution control. Seventeen percent of all farms
in the contiguous 48 States are located within metropolitan
counties. As farmland located in these areas is urbanized, the
countryside withdraws farther from the central city, and the
pattern of urban sprawl is re-enforced.
Among cities there is wide variation in the availability of
parks. As shown in Table 12, per capita availability of parks in
New York, Chicago, and Los Angeles was 4.6, 2.0, and 4.5 acres
per 1,000 residents, respectively. Minneapolis and Nashville had
,
-------
GUIDELINES AND REPORTS
2897
Table IX
Public Recreation
Government, 1965
.-SWWS^SJt,
• -~r '": <*!;
-------
2898 LEGAL COMPILATION—GENERAL
more than 11 per 1,000. The parkland to people ratio is remain-
ing constant or rising slightly in a number of cities, partly be-
cause of diminishing populations in some central cities.
A number of important developments have taken place in land
use over the past year. These have been described in Chapter 2.
conclusions
Although trends in a number of areas are promising, this
chapter has not answered the question of whether overall envi-
ronmental quality is getting better or worse. Probably any answer
which could be given would be deceptive, because of the large
number of factors that contribute to environmental quality and
because these factors often vary independently, some getting
better, others worse. However, we have also not provided defini-
tive answers to the many subsidiary questions which could be
asked. Is pollution getting worse? Is available open space
increasing? And so forth. For these questions there should be
answers, but the data are either not available or are not reliable
enough to provide definitive answers. Efforts to collect additional
data will have to be preceded by better definition and evalua-
tion of requirements. In many cases, improved instrumentation
and better understanding of natural phenomena are also neces-
sary so that the measurements made will be meaningful.
A major part of the responsibility for providing an accurate
picture of status and trends in the environment rests with the
Council. We intend to place major emphasis in the coming year,
working with EPA, NOAA. and other agencies, on improving
environmental data collection and analysis. By next year the
choice of appropriate environmental indices should be made.
However, it will take a number of years before truly reliable
data can be obtained for all of the indices. Major changes prob-
ably will be necessary in such basic matters as selection of
monitoring sites, instrumentation, and frequency of samples
taken. Implementation of these changes will then take several
years.
appendix
explanation of figures and tables
The following explanations are given for those readers interested in more
detail on how the figures and tahles were derived.
figures
figure 1: trends in ambient levels of selected air pollutants—The
values which are plotted in Figure 1 are listed in Table A-l. The TSP
and SO2 data were derived from EPA's National Air Surveillance Network
(NASN) sites These data were chosen because they were the only available
-------
GUIDELINES AND REPORTS
2899
iccent data for several pollutants and a number of sites. TSP values prior
to 1967 and SO2 values prior to 1966 have been published. (Ludwig, J. H.,
Morgan, G. B., and T. B. McMullen 1970. Trends in Urban Air Quality.
EOS, Transactions. American Geophysical Union 51:468-475.) The remain-
ing values were supplied by EPA personnel. (McMullen, T. B. 1971. En-
vironmental Protection Agenc\, Division of Atmospheric Surveillance,
Cincinnati, Ohio.)
TSP values piior to 1967 were based on the Whittaker-Henderson smooth-
ing formula as applied to the original data. (Spires, R., and H. J. Levin.
1970. Characteristics of Paniculate Patterns, 1957-66. U.S. Department of
Health, Education and Welfare, Public Health Service, Environmental
Health Service, National Ail Pollution Control Administration, Raleigh,
N.C.) Unfortunately, data weie missing for some of the 60 urban and 20
nonurban stations. When tins occurred, site values were supplied by averag-
ing the value for the preceding vear and the following vear. This procedure
appeared more desiiable than either dropping stations with a missing or
incomplete year or averaging the remaining values without regard to the
missing sites. Dropping stations would rapidly decrease the number of sites
available lor analysis, whereas ignoiing missing stations might cause spurious
"trends" due to the exclusion of .stations with lelativelv high or low values
rather than to am real change.
The CO data were deiived from EPA's Continuous Air Monitoring Pro-
gram (CAMP) sites. The values prior to 1967 were derived from published
summaries. (U.S. Department of Health, Education and Welfare, Public
Health Service, Environmental Health Service, National Air Pollution Con-
tiol Administration. 1968. Air Quality Data from the National Air Sam-
pling Network. NAPCA Pub. No. APTD 68-9.)
The existing data for various pollutants, vears, and sites are extremely
plentiful, but there are mam changes in sites and pollutants from vear to
*,< » * f , ~ » v -
""* <•"' i,'"'>*\ t,.H *** '.'/'*•• • • ' i ' "; „ ' -'-^ff*C-;v J •*.
", ."'Si ff>& X*% K^ „ "* j K ft* * «- „ * j * "#* * » X-"-*V-""^".
* -3 •" V s *
' 2J>-> ""^ ^ * " * $
-------
2900 LEGAL COMPILATION—GENERAL
\eai. Curventlv there are a mimhei of Fedeial networks and numcious
State and local netuoiks. These' nctwoiks \\eic established foi diffeient pur-
poses; consequenth. theii data nun also dillei The XA.SN urban sites are
located in downtown, cential cit\ aieas The nonmban sites are generall}
located in parks. The CAMP sites aie located in center-cits areas. However.
locations of sites for State and local networks vat} Often theie aie sites
downwind of major polluteis. It is impoitant to lecogni/e that such diflei-
ences in site location will lesull in majoi differences in tepcnted concentra-
tions. Many of the State and local leadings aie higliei by an oidei of
magnitude than the NASN data used in this lepoit, especially foi gaseous
pollutants
figure 2: relationship of air pollution and population, second half 1969-
first half 1970—The values plotted in Figure 2 are deiived from NASN
data for Juh 1969-June 1970. The two half-vears were used to provide the
most up-to-date data, because full-}ear figures for 1970 were not available.
I he \alues used in Hgnic 2 aie given in Table \-'2 The population class
column in '1 able A-2 lepresents the end point of the ranges
figure 3: estimated prevalence of water pollution, by drainage basin,
1970—The data in Figuie 3 are the lestilts of an effort by the Fedeial Water
Quality Administration (F\VO\, now the Office of Water Qualit} in EPA)
in the summer of 1970 to make the lust nationwide assessment of water
quality. Field offices in the nine FWQA legions estimated the percentage of
stream miles in each of the 2,'i.'5 second oidei watersheds in the contiguous
United States (in addition to Alaska, Hawaii, Puerto Rico, (,uam. the Virgin
Islands, and American Samoa) that could be said to be polluted. Pollution
was defined as a demountable and lecunent breach of am of the physical
or chemical cuteria apphing to watei bodies, and not tncrelv as violation
of regulaton requirements imposed upon waste dischargers Howcvei, it
should be stiessed that 1-iguie '5 is not based on actual meaurements. It
V&lm^$%$$Mtti®9w&$tmttoii Versus Pwtjlatiwi Class
:',''•''•• ' •' "% • ' • -'Concentration (ng-lrn.*)',
i , , t Number
''•T9f SO, ,'• '• HO, 0fSiteS
25' , 10 33 5
5? ' 35. , . • '."• IJ6 2
M , - 18 ,' - •; -'84 .2
&7. . ' }4 '•".'» 2
ti« • • 28 ' " -it! ' 8
'.*$ ' • ' 26 " '. ', '|M " ' 3? ' •
. -186 • , '28 • ,12? 1>
.ifli ,' . 29 .',•!« *
* 1<^ •* fiQ * 'j - tfttt •$
'JM3PT -Q3! f AwJ' ' £ •
6403 '!; / 12.M9
,733' ,'" 44.806
.16$ '..- . .848
3,392 ' ' , 4.526
-------
GUIDELINES AND REPORTS 2901
represents simply the best judgement of the professionals in the FWQA
regional offices.
figure 4: selected radioactivity trends—For many years, various national
and State networks have been monitoring radiation due mostly to the
fallout from atmospheric nuclear testing. (See Federal Radiation Council.
1965. Background Material for the Development of Radiation Protection
Standards. Report No. 7.) Trends for several of the national networks
have been plotted in Figure 4. When many of these data were plotted, the
trend curves exhibited mam small, more or less random fluctuations.
Therefore, a smoothing technique known as "moving averages" was em-
ployed. This involved taking values, say A, R, and C, for thiee successive
time petiods, finding theii a\eiage, and plotting it in B's place. The values
were then advanced b\ one to considei B, C, and 1), with their aveiage being
plotted in C's place, and so on thiough the list of values. A minor disad-
vantage of this technique is that two data points, one at either end of the
(Hive, a)e lost. Howevei, in Ibis repoit (he tiencls are not appicciably
affected. It should also be noted that all the data in this graph are arith-
metic aveiages without legaid to population weighting l''oi example, a given
cotuentialion of Cs-137 in milk toi New Yoik Citv is equally impoitant as
the same concentiation found m milk foi I,aiamie, W\o Details of the
netwoiks and the graphical piocedtncs aic given below
pasteurized milk network (pmn)—This network, sponsoied by the Office
of Radiation Programs, EPA, consists of 63 sampling sites. For each site,
a monthly composite of weeklv samples is anal)zed for several radionuclides
(K-40, Si-89, Ba-140, Sr-90, 1-131, and Cs-137). For most of the last decade,
only the last three nudities have consistently shown appreciable values.
Monthlv network values appeal in Radiological Health Data and Reports
about 4 months after the ic-poiting month. These values weic aggregated
into quarterly averages, given in Table A-3, which were smoothed by a
moving average of ordei thice.
radiation alert network (ran)—Originally known as the Radiation
Surveillance Network, this progiam is administered by the Office of Air
Programs, EPA. The nework samples airborne participates daily at 73
sites for gloss beta activity. Monthly network averages also appear in Radio-
logical Health Data and RcfmiLs, with about a 4-month lag time The
monthly values were aggiegatecl into quarteily averages, which arc listed
in Table A-4 along with similar quaiterly averages of precipitation data
gathered In the same network After the data were smoothed by a moving
average technique of order three, tliev weic plotted to give the time profile
as in Figure 4.
The double peak in 1962 and 1963 is characteristic of 1-131, a shortlived
beta emitter As tempting as it may be to won) about the rise in (he
RAN data fiom 1966 on, apparently these data are in the legion of poor
detectability (or noise region). Moreover, in 1968 there was a change in
the wav the site data weie reported: The significant digits were reduced
from three to one. These two factois render anv trend speculation at the
observed low levels relatively meaningless.
tritium in surface water network—This netwoik (in existence since
May 1964) was established bv the Public Health Seivicc in cooperation with
the Federal Water Pollution Control Administration (now the Office of
Water Programs, EPA). Monthlv composites of weeklv samples are reported
in six-month groupings (with about a veai's lag time) For this report,
semi-annual averages, given in Table A-5, were smoothed with a moving
average of order three. The leliabilitv of these data suffers from the small
number of stations involved (10 oiiginallv, eight later) and the fact that
there were manv months when two 01 thiee sites did not provide a sample.
figure 5: dietary intake Of selected pesticide chemicals—The values
plotted in Figure 5 are based on the Food and Drug Administration's
-------
2902
LEGAL COMPILATION—GENERAL
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-------
GUIDELINES AND REPORTS
2903
-------
2904
LEGAL COMPILATION—GENERAL
Market Basket Survey (also known as the Total Diet Study). The Survey
collects food samples from retail grocerv stores six times a year in each of
five geographic areas. The samples ate collected from communities of vary-
ing si/e. The food is prepared for consumption and then analyzed.
The results obtained Irom this netwoik are published periodically in the
Pet,licide\ Monitoring journal. The latest results, covering through June
30, 1969, will appear in the September 1971 issue of the Journal, (l)uggan,
R. E., et al. Pesticide Residue Levels in Poods in the U.S from July ], 1963,
to June 30, 1969.) The values plotted in Figure 5 and the figures on which
they are based are given in Table A-6.
figure 6: domestic use of selected pesticides estimated from production
levels, 1950-69—No nationwide figures aye collected routinely on use of
pesticide chemicals. Figure 6 is an attempt to approximate use for selected
pesticides by taking the amount of a particular chemical produced in a
given year, subtracting [he net amount added to producers' inventories (or
adding the amount lost from such inventories, if a net loss occurred), and
subtracting the amount of exports The data foi the figure weie obtained
fiom U.S. Department of Agriculture, \gricultural Stabil'i/ation and Conser-
vation Service. The Pesticide Review [1963-70] and The Pesticide Situation
for [1963-70] (issued annually) The \alues plotted in Figure 6 are given in
Table A-7.
figure 7: trends in composition of paper—The figure is from Midwest
Research Institute. 1970. Economics of Salvage Markets for Commodities
Entering the Solid Waste Stream. Report to US. Department of Health,
Education, and Welfare, Bureau of Solid Waste Management (now in
F.PA) (unpublished)
"*
-------
GUIDELINES AND REPORTS
2905
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-------
2906
LEGAL COMPILATION—GENERAL
figure 8: soft drink containers by type, 1957-76—Figures 8 and 9 are
taken from Darnay, A., and W. E. Franklin, 1969. The Role of Packaging
in Solid Waste Management 1966 to 1976. Public Health Service Pub. No.
1855. Figure 8 appears on page 43 of the report, Figure 9 on page 45.
In both figures, the 1957-66 data are from industry sources. The 1967-76
projections were developed by Darnay and Franklin.
figure 9: beer containers by type, 1957-76—See Figure 8.
figure 10: projected U.S. population: effects of 3-child and 2-child
families—Figure 10 is from page 10 of An Interim Report from the Com-
mission on Population Growth and the American Future. The 1890 to 2020
values are based on U.S. Bureau of the Census figures. Beyond 2020, values
are based on projections made by the Commission.
tables
table 1: estimated emissions of air pollutants, by weight, nationwide,
1969—The 1969 estimated emissions in Table 1 are EPA data based on a
revised computation procedure which includes additional sources, improved
emission factors, and better information on control technology. The most
significant changes are:
(1) Motor vehicle emissions are now estimated by a new test cycle,
which results in much higher emission values for carbon monoxide.
(2) Aircraft emissions are now estimated for cruise altitudes as well
as below 3,500 feet.
-------
GUIDELINES AND REPORTS 2907
The percentage increase of 1969 over 1968 was based on a recomputation
of the 1968 figures using the new method.
table 2: annual average levels of selected air pollutants in selected
Cities—The values in Table 2 are from the Continuous Air Monitoring
Program (CAMP) network operated by EPA. The network consists of one
site located in the downtown area of each of six major cities. Measurements
for each of six major pollutants (SO2, NO, NO2, CO, total hydrocarbons, and
total oxidants) arc taken every 5 minutes. The values given in the table are
the annual averages based on these figures.
table 3: estimated prevalence of water pollution, by region, 1970—Table
3 is based on the the same FWQA survey discussed above under Figure 3.
Column 1 gives the region. Column 2 gives the total percentage of
stream miles polluted within the region. Columns 3 to 6 classify the drain-
age basins within the region according to the percentage of basins suffering
from given degrees of pollution. For example, the first value under column
3 shows that 14.8 percent of the basins within the Pacific Coast region
have 50 percent or more of their stream miles polluted.
table 4: estimated U.S. consumption of selected metals, 1948 and
1968—This table also appeared on page 2 of the 1971 CEQ report, Toxic
Substances.
table 5: use of and estimated demand for bureau of land management
lands, 1968—70 and 1980—The nonconsumptive use projections are esti-
mates based on the combined hunting and fishing increase projections.
The low 1980 estimates for hunting and fishing are based on a projection of
the existing ratio of public domain use to license sales, which for hunting
was 2.3 visitor days per license and for fishing was 0.9 visitor days per
license. The medium estimates are based on a projection of the 1968-70
increase in visitor days, and the high estimates on the 1964-70 increase. A
visitor day for hunting, for example, is the equivalent of 1 person hunting
for 12 hours or 12 persons hunting for 1 hour.
table 6: sportsman use of national forests—The term visitor day is used
in the same way as in Table 5. The 1967 decrease in fishing is the result
of a new inventorying system and thus reflects improved data rather than
a decrease in use.
table 7: inventory of wetlands, by type and by region, 1955—The areas
included in the regions in Table 7 are shown on the map below.
table 8: loss of coastal wetlands, 1954-64—The definition of coastal wet-
lands used in the report on which this table was based is approximately
equivalent to the coastal saline and fiesh saline categories in Table 7. The
States included in Table 8 are covered in the Atlantic North region of
Table 7, but Atlantic North also includes Maryland and all of New York.
table 9: federal land acquisition for outdoor recreation financed by
land and water conservation fund, 1966-69—The 1968 acreage figures
and the 1969 cost figures under National Park Service include acquisition
of land bv the Bureau of Outdoor Recreation for Redwoods National Park.
It should be noted that acquisitions under the Land and Water Conservation
Fund are only a portion of total Federal acquisitions for recreation purposes.
However, data are not available on total acquisitions.
table 10: public recreation areas, by location and by level of government,
1965—The figures in Table 10 are based on unpublished 1965 inventory
conducted by the Bureau of Outdoor Recreation.
table 11: park acreage in selected cities, 1968—With respect to the last
column in the table, it may be noted that the National Recreation and Parks
Association recommends a standard of 10 acres of subregional (easilv ac-
cessible) park acreage per 1,000 residents.
-------
2908
LEGAL COMPILATION—GENERAL
-------
GUIDELINES AND REPORTS
2909
-------
2910 LEGAL COMPILATION—GENERAL
the environment/
1971—a
perspective
Environment as an issue is in the process of maturing. The
scattered concerns of a few years ago over air and water pollu-
tion, pesticides, and highways, and localized problems such as
the Florida Jetport and the Santa Barbara oil spill are now
coalescing into a broader understanding of the relationship of the
environment to man's total well-being and to the quality of life.
With this growing understanding has also emerged a greater appre-
ciation of just how complex and multifaceted the problems are.
Those who thought that the task of achieving environmental
quality could be accomplished overnight either have learned
better or lost interest. But the challenge of achieving a higher
quality of life has become part of the American vision. And the
goal of achieving environmental quality is becoming an integral
part of our institutions and our values.
The changes being shaped by the drive to achieve environ-
mental quality are visible in a wide variety of areas. Govern-
mental institutions, the law, and the economy have all begun
to adjust to a new set of goals. The "rules of the game" by which
society makes decisions are shifting to take environmental factors
into account. The methods by which environmental goals are
to be achieved have also shifted as we learn more about regula-
tions and incentives and about the uses and abuses of technology.
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GUIDELINES AND REPORTS 2911
changes in government institutions
Institutional changes are one sign of an issue's growth in im-
portance and public recognition. As an issue is perceived in its
entirety, rather than by its components, a need exists to reflect
this change in organization. In the past, when new problems were
perceived as discrete policy issues rather than as subparts of
other goals, new departments and agencies were created. This
process is evident in the reorganization proposals recently sub-
mitted to the Congress by the President.
The same process has also been true of environmental quality.
Air and water pollution control programs were once the step-
child of health agencies. Solid waste management had no larger
image than the local garbage collector and the city dump. Pesti-
cides were considered part of agricultural activity, while radiation
was dealt with in the overall context of atomic energy. Increasing
noise and the spread of toxic substances through the environment
were generally ignored since no agency was responsible. The
nature of many of the problems of improper land use, especially
in critical areas, was largely unrecognized.
As the public and responsible officials began to perceive the
totality of the environment and the interrelationships of pollu-
tants in all media—air, water, and land—they also saw the need
for organizational change. Major changes occurred in 1970 with
the creation, early in the year, of the Council on Environmental
Quality and, at the end of the year, of the Environmental Pro-
tection Agency.
The Environmental Protection Agency has a larger budget
than some of the existing Cabinet departments. The Council
on Environmental Quality is located within the Executive Office
of the President which gives it vital leverage in the policymaking
process. The National Oceanic and Atmospheric Administration
(NOAA) consolidates oceanographic and atmospheric monitoring
and forecasting programs conducted previously in a number of
agencies. Early in 1971, the President proposed creation of a
Department of Natural Resources to complete reorganization of
environmental and natural resource activities, and to unify Fed-
eral energy and land management programs. The new depart-
ment would include NOAA.
Similar organizational changes have taken place at the State
level. New York's Department of Environmental Conservation,
Washington's Department of Ecology, the institutions established
by the Illinois Environmental Protection Act of 1970, as well as
developments in several other States represent innovative ap-
proaches to unifying environmental programs.
The new unification of environmental programs should lead
to more than mere administrative tidiness. Form and sub-
stance are intertwined. Bringing together programs previously
-------
2912 LEGAL COMPILATION—GENERAL
viewed as discrete entities enables administrators to consider the
interrelationships and priorities within environmental activities
and to act accordingly. By looking at the total burden of pollu-
tants on the environment, and not only in media packages of
air, water and land pollutants, unification provides a basis for
different strategies aimed at controlling pollution throughout
their distribution in the environment—from extraction, through
production, distribution, use, and final disposal.
Unification also permits an intensity of concentration on a
problem not otherwise possible. When air or water pollution
programs were merely part of health or conservation depart-
ments, the department head could focus on them only momen-
tarily among many other matters. In a unified agency, the
full time of management can be concentrated on environmental
protection. Institutionalizing responsibility for environmental
quality through creation of unified organization provides the
vehicle for a sustained and vigorous commitment to improve-
ment in the quality of life.
Just as the United States has moved to organize its institutions
for more effective environmental management, other nations
such as Canada, France, Germany, Great Britain, and Japan have
taken steps to establish central authority for environmental mat-
ters. This development has had international significance in
facilitating more effective cooperation among nations.
Governmental changes have not been limited to unifying pro-
grams. The geographic scope of environmental efforts has ex-
panded to include other nations. And at the State level there
have been a number of organizational innovations aside from
unification.
Action has begun on the international level to deal with prob-
lems, such as marine pollution, which require joint efforts with
other countries. The United States and Canada are developing
a bold program for dealing with the pollution of the Great
Lakes. A number of efforts have been initiated to meet environ-
mental problems through the NATO Committee on the Chal-
lenges of Modern Society and through the Organization for
Economic Cooperation and Development. Active preparation is
underway for the U.N. Conference on the Human Environment
to be held in Stockholm in 1972.
One of the unsolved problems in environmental organization
is how to reconcile the regional scope of many environmental
problems with existing political boundaries. Action at the State
level is coming to grips with this difficulty. Maryland has estab-
lished a public corporation, the Maryland Environmental Service
(MES), which is empowered to contract with municipalities or
industries to build and operate solid and liquid waste treatment
and disposal services and to install or operate abatement facili-
ties when a municipality, firm, or individual fails to comply with
-------
GUIDELINES AND REPORTS 2913
a pollution control enforcement order. Along with somewhat
similar arrangements in New York and Ohio, MES provides a
sound mechanism for regional solutions to pollution problems.
Vermont has instituted statewide controls over land use, and
a number of other States have begun to exercise control over
particular types of land use such as use of wetlands and siting of
powerplants, public facilities, and housing developments. And
throughout the Nation there have been developed new organiza-
tional and legal methods to give private citizens the right to
participate directly in improving environmental quality.
changes in the law
Another basic American institution—the law—is also changing
to provide greater protection of the environment. This develop-
ment has been most vividly demonstrated by enactment of the
National Environmental Policy Act (NEPA), in which Congress
declared "that it is the continuing policy of the Federal Govern-
ment ... to create and maintain conditions under which man
and nature can exist in productive harmony" (sec. 101 (a)). New
Federal and State environmental regulatory laws and court in-
terpretations of other statutes have recognized the private citi-
zen's interest in his environmental condition by empowering
the individual citizen to sue to prevent environmental damage
and to force government to act in accordance with the new
environmental policies.
The new environmental rights have also placed new obliga-
tions on citizens. If these rights are not to atrophy they must be
responsibly exercised. The success of certain new governmental
procedures, such as the environmental impact statement process
of NEPA, depends heavily on citizen participation. If NEPA is
to have maximum effect, an alert citizenry must be prepared to
invest the time and effort in helping to make it work.
Chapter 3 describes a wide variety of successful environmental
activities carried out by private citizens, ranging from the pur-
chase of environmentally valuable land to the prosecution of
lawsuits and from rewriting a State's air pollution control laws
to promoting antilitter campaigns.
The vital role played by citizens must be joined with effective
governmental efforts if we are to achieve effective control of
pollution and other environmental threats. The pervasiveness of
sources of environmental degradation, the wide scope of govern-
ment activities that impact on the environment, the inherent
limitations of the courts, which can only deal piecemeal with
highly complex environmental issues—all require that govern-
ment develop systematic approaches to achieving compliance,
particularly approaches which rely on the use of market incen-
-------
2914 LEGAL COMPILATION—GENERAL
lives. These factors also require government to build environ-
mental quality considerations into the major actions it takes.
Only government possesses the resources and legal power to in-
sure uniform and systematic compliance with environmental
standards. Actions by government to build environmental con-
siderations into its basic decisionmaking mechanisms are being
stimulated by outside groups. The new legal authorities and
court interpretations which provide authority for citizens to act
as their own "environmental ombudsman" are a powerful im-
petus to the improvement of government's performance.
changes in the economy
A basic factor in the achievement of our environmental goals
is economics. Much is said about the cost of environmental im-
provement; weight also must be given to the cost of continued
environmental degradation. The annual cost of air pollution
alone is roughly estimated at about $16 billion.
The industrial community has already made a sizable invest-
ment in pollution control equipment, and the amount of such
investments is increasing. The cooperation of private industry
will continue to be a necessary part of any solution to environ-
mental problems. However, such cooperation must be backed up
by governmental regulation, especially by charges and taxes,
because in a competitive economy, compliance by an individual
firm always presents the possible danger of putting that firm at a
disadvantage with firms which have not made the necessary envi-
ronmental control investments.
The costs of meeting air and water quality standards and pro-
viding solid waste disposal over the 1970 to 1975 period have
been estimated at about $105 billion. The costs of meeting air
and water quality standards—the areas in which the largest in-
creases will occur—is estimated at $62 billion. Of that amount,
42 percent is public costs—paid by taxes and service charges—
and 58 percent will be costs to industry. But in either case, the
costs will ultimately be shared by all the American people—
either as taxpayers or as consumers. These cost estimates are not
comprehensive and are clearly tentative. They are presented in
this report to stimulate further discussion and analysis on the
costs of achieving environmental quality. They are most likely
understated—probably significantly so. Ongoing governmental
and private studies will provide the basis for improved estimates
of total costs.
The costs of pollution control seem large in the aggregate but
not nearly as significant when compared to such measures of
economic activity as the gross national product, value of ship-
ments by industries, or even total capital spending. However,
-------
GUIDELINES AND REPORTS 2915
costs will be large for a few industries and for some individual
firms.
Pollution control can be seen as an opportunity as well as
a problem. It will provide new markets here and abroad for
U.S. control equipment and engineering competence as other
nations begin to upgrade their environmental standards.
Transitional problems will occur. Some industries, although
probably very few, will have greater difficulties with competition
in international markets. Some industries and firms will suffer
domestic competitive disadvantages. Some marginal plants will
be abandoned for newer, more efficient and less polluting tech-
nology. And individual workers at such plants may suffer from
the transition. Although in most cases these adjustments are not
expected to be great and are not dissimilar to other adjustments
constantly being made by U.S. industry, it is important to eval-
uate what measures might be necessary to ease the transition.
In considering strategies to deal with possible transitional
problems, it is important to keep in mind the general principle
that the cost of preventing environmental damage from the man-
ufacture or use of a product should be reflected in the price of
the product. This principle is important if we are both to ac-
complish improvements efficiently and to place the costs equi-
tably on the producers and users of polluting products.
It is also of vital importance that the costs of environmental
improvements be considered in the context of the benefits to
be gained and that the most cost-effective solutions to environ-
mental problems are utilized. The costs of pollution control
rise steeply as higher levels of abatement are attained, and thus
the benefits to be achieved must be carefully weighed. Also, there
may be great differences in costs depending upon the type of
control strategy adopted. The use of economic incentives provides
a promising method for achieving environmental goals in the
most efficient manner.
regulations and incentives
There has been much discussion about the use of economic
incentives as an alternative or a supplement to current regula-
tory authorities. Some have proposed tax writeoffs or other
assistance to industry as a spur to pollution control. But unless
the level of assistance is extremely high, it will offer no incen-
tive for industry to invest in "nonproductive" pollution control
facilities. Nor will it lead to investment by marginal firms which
often cannot afford the additional costs of control facilities.
Others have proposed a pollution charge on the amount of
effluents or emissions damaging the environment. Such a charge
would provide a positive incentive to industry to reduce its
pollution. It would lessen the burden on government by allow-
-------
2916 LEGAL COMPILATION—GENERAL
ing industries to adjust to pollution controls in the most ef-
ficient manner, and it would reduce the delays inherent in regu-
latory procedures.
The differences and shortcomings of both the regulatory
process and economic incentives can be overcome by using them
to supplement each other rather than as alternatives. The basic
aspects of regulatory authority—standard-setting and backup
enforcement—can be preserved while the automatic enforcing
aspects of the pollution charge can provide a strong economic
incentive to achieve the standards. In those areas where higher
levels of purity are required than the charge can stimulate,
backup enforcement authority would provide the necessary
muscle to achieve compliance.
The Administration has adopted this strategy in proposals
under development lor a tax on lead in gasoline and a sulfur
oxides emissions charge. These proposals, which supplement
existing regulatory authority, demonstrate how both regulatory
authority and economic incentives can be used together to
achieve environmental objectives.
Such economic incentives are consistent with the principle
that the polluter should pay the cost of operating in a way that
avoids or minimizes environmental damage. This principle is
akin to the legal principle, embodied in the common law of
nuisance: that no person has a right to use his property in a
manner that unreasonably interferes wiih another's right to use
and enjoy his own property, or that interferes with general pub-
lic rights involving such resources as air or water.
Except in cases in which process changes and other actions to
control pollution are accompanied by greater production efficien-
cies, the inclusion of the costs of preventing environmental dam-
age in the costs of manufacturing goods will result in some
higher costs to the consumer. There is no way, short of unwar-
ranted price controls, that the government can force the man-
ufacturer to absorb these costs entirely. The government does
not control the price of goods, and therefore manufacturers will
pass on to consumers the costs of producing the goods, including
the costs of environmental protection. Thus, in most cases, the
citizen will pay the costs of such improvement, either as a con-
sumer or as a taxpayer. But when he pays a higher price for
goods because the price reflects the cost of pollution control, it
can be said that he is really paying the fair price, because a
product is underpriced if it does not include the costs of environ-
mental control.
the development and assessment of technology
A development similar to including environmental costs in
the price of goods has been the move to shift the burden of
-------
GUIDELINES AND REPORTS 2917
proof of showing lack of adverse environmental impact with
respect to new products or new sources of pollution from the
public to the private sector. In the past, the prevailing assump-
tion has been that air, water, or land resources could be used
as a dumping ground for wastes until the government proved
that a given discharge or disposal was harmful. Increasingly this
assumption is being reversed—it is up to the manufacturer to
show that the wastes or his product will not be harmful before
society will allow him to introduce it into the environment. Two
of the President's new environmental legislative proposals—The
Toxic Substances Control Act and the Marine Protection Act—
are based on this principle. The concept must be implemented
carefully so as not to thwart technological innovation, and we
must also keep in mind the impossibility of conclusively proving
that a product is safe. However, the change in the burden of
proof reflects the increased recognition of the public's environ-
mental rights and also the need for an increased emphasis on
adequate assessment of changing technology.
As the pace of technological innovation has steadily accel-
erated, so has the need to assess its full impact. New technology
changes many aspects of society in significant but often unrec-
ognized ways. If we are not to become victims of our own in-
ventions, we must not only assess the impact of technologies but
also exert sufficient control to minimize or avoid their adverse
impacts.
Technology assessment is not a new practice. It has been ap-
plied for years in our food, drug, and pesticide control laws.
Existing air and water pollution control laws are based in part
on a recognition of the adverse side-effects of technology. How-
ever, we have come to recognize the need for two important
elements in technology assessment.
First, such assessment must take place before a new technology
is widely dispersed. The air and water pollution laws represent
after-the-fact recognition of adverse effects, and this makes it
much more difficult for them to curb such effects. This has been
recognized by recently enacted and proposed amendments to
these laws which authorize standards applicable to new plants
at the time of construction.
Second, technology assessment must include consideration of
secondary and tertiary effects of an innovation. The automobile
not only brought about air pollution and congestion but it also
changed land use patterns, the nature of urban life, and the
structure of the family. The introduction of the one-way con-
tainer added a new dimension to solid waste and litter problems.
In many cases the secondary and tertiary effects of changing
technologies may be more significant than the direct effects.
Clearly there must be linkages between technology assessment
and mechanisms to control the impact of technologies. If we
-------
2918 LEGAL COMPILATION—GENERAL
develop tools to predict more accurately the consequences of
technological developments, we must also develop policy mech-
anisms to act upon these findings.
The environmental impact statement process of NEPA pro-
vides one such link. Many large-scale technology developments
are partially or entirely supported by the Federal Government.
Mass transit development and nuclear and other energy sources,
for example, are supported by government subsidies. Cloud
seeding, saline water conversion, and new peaceful uses of atomic
energy are direct government projects. The National Environ-
mental Policy Act, through the environmental impact statement
process, provides a framework for technology assessment of these
governmentally financed activities, as will proposed new legisla-
tion, such as the Toxic Substances Control Act.
Undue emphasis should not be placed on the adverse conse-
quences of new technology. Technological innovation has been
and will continue to be necessary if we are to achieve environ-
mental and other goals. It is clear, for example, that new sources
of energy will be necessary to meet air quality standards over the
long run. Ultimately, our transportation systems will have to
change, placing greater emphasis on mass transit and possible
new sources of power. The development of the breeder reactor,
fusion power, coal gasification, and unconventionally powered
vehicles all require technological breakthroughs enabling us to
meet longer term environmental quality goals.
The challenge ahead is to assess the potentially detrimental
effects from the introduction of new technology and at the same
time to encourage the development of needed new technology.
We can neither place blind reliance on technology to solve all of
our problems nor can we ignore the need for technological im-
provements to meet the goals of our society, including environ-
mental goals. A balanced approach to the two-edged sword of
technological innovation is critical.
efforts and accomplishments
It is not fashionable to view environmental problems with any-
thing less than alarm. Indeed, many have told us that we are
facing an ecological doomsday unless we take radical steps. How-
ever, the chapter on Status and Trends provides some grounds
for optimism, although the data base is too imprecise for any
firm conclusions. Measurements of air quality in urban areas
indicate some general improvement although the total amounts
of air pollutants actually emitted nationwide have increased
slightly. Control efforts, plus industry dispersion, are largely re-
sponsible for this pattern. Construction of municipal waste tre^t-
ment plants has prevented further serious deterioration in water
-------
GUIDELINES AND REPORTS 2919
quality in the face o£ signficant increases in population and in-
dustrial production. The use of persistent pesticides has been
declining for several years. These patterns indicate that with
concerted effort, we can make progress in dealing with environ-
mental problems.
However, some problems are emerging with portentous impli-
cations. The accumulation of mercury in our waters is a serious
problem that may become even worse as organisms continue to
concentrate mercury through the food chain. The increases in
complex toxic materials—both heavy metals and organic chemi-
cals—may be serious long-term threats to human health and the
life cycle upon which all men depend. Eutrophication is a prob-
lem that will require significant efforts to control and reduce
nutrient inputs into many lakes and rivers, and special actions
may be necessary to restore water bodies in many parts of the
country. Many aspects of land use, such as wetlands development
and urban sprawl, pose serious problems.
The blight that characterizes so much of our urban environ-
ment has been with us at least since the beginning of the indus-
trial revolution. It has only been comparatively recently that
environmentalists have devoted attention to urban problems,
especially those in the inner city, the decaying, older areas where
so many of the urban poor live in inferior conditions. However,
most Americans work and play in urban areas; it is the setting
which is most immediate and familiar to us. Indeed, ecology is
defined as the interrelationship between an organism and its
environment and the environment for most human organisms
in industrial society is the large metropolitan area. Further,
many of the traditional environmental problems, such as air
pollution and basic sanitation, are most acute in the central city.
If we are to make our environment livable, we must make our
cities livable. If we are to achieve a desirable level of environ-
mental quality, we must make our cities desirable places in which
to work and live.
It would be helpful to be able to show a direct cause-and-effect
relationship between the developments described in the first three
chapters and accomplishments as described in the Status and
Trends chapter. But the relationship between efforts and accom-
plishments is often unclear. Many factors aside from govern-
mental efforts exert a strong influence on environmental trends—
the state of the economy, the development of new technology,
the preferences of consumers. Time is another complicating
factor: It may take several years between the initiation of a
governmental effort, such as giving a grant for a waste treat-
ment plant, and any actual effect on environmental quality. Most
importantly, the data now collected on environmental status and
trends is not adequate to provide reliable evidence for the evalua-
tion of governmental programs.
-------
2920 LEGAL COMPILATION—GENERAL
The established base which our new institutions have given us
should improve evaluation of programs and increase "feedback"
on the success or failure of our efforts. The critical challenge to
the government in the coming years, particularly in pollution
control where the legislative mandate is well established, will be
to improve the effectiveness of the implementation of the legis-
lation. The best laws can be subverted by poor implementation,
and there is much room for improvement in the manner in
which Federal programs are executed. Better information is
critical to this improvement, because only through accurate data
on environmental conditions can we tell whether Federal pro-
grams are accomplishing their intended purpose.
Our view of environmental conditions is a product of three
factors: the actual conditions which exist, the methods we use
to determine these actual conditions, and the values which we
place on the results.
It is difficult to tell how much the data in the Status and
Trends chapter really tell us about actual conditions, because all
of them are filtered through a complex and very imperfect set of
processes whose purpose is to describe the real world. The tables
and graphs are not the real world. They are but the final out-
come of selecting a few dimensions from an almost unlimited
number of environmental variables, selecting a few sampling sites
from an almost unlimited number, collecting and analyzing the
data on the basis of often very inaccurate techniques, and then
aggregating and statistically analyzing the collected data on the
basis of a number of crude assumptions. How close the results
of this process come to reflecting actual conditions is uncertain.
We are also handicapped by our lack of knowledge about fun-
damental scientific questions. Much needs to be done to improve
our knowledge about the effects of various environmental insults.
There is also a great deal we do not understand about the basic
ecological processes which determine the fate and importance of
pollutants. For example, the cycles governing the balance of the
basic components of the atmosphere and the mechanisms through
which these components are absorbed or changed by earth and
ocean are, for the most part, unknown.
Aside from the processes of collection and analysis, our view
of actual conditions also is filtered through the values which we
hold. Whether the data from the monitoring effort is viewed
with alarm or with complacency depends on the standard of
judgment applied—in other words on the values we hold con-
cerning what actual conditions should be. Thirty years ago the
data on status and trends would have been of little or no interest
to most people, because our knowledge and our values had not
yet come to include the importance of environmental factors.
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GUIDELINES AND REPORTS 2921
environmental quality and the quality of life
Our knowledge and our values have changed significantly
and are continuing to change. What is developing in this country
is a greater awareness both of man's dependence and of his
independence.
We are realizing our dependence on the intricate web of nature
of which we are part. We have discovered that man's continued
existence depends on the functions of microscopic bacteria and
fungi and on the grand natural cycles which govern the flow of
the major elements through the environment.
Man is also coming to understand his relationship with the
urban environment he has created—from the parks and open
space to the quality of its buildings and the character of its
neighborhoods. The harshness of much of the inner city environ-
ment and the cruel effects of improper sanitation, air pollutants,
and household hazards such as lead in paint have been recog-
nized. If we are to be concerned about the quality of life, it will
not be possible to escape the city and cloak ourselves in pastoral
romanticism. For as we concern ourselves with the quality of our
natural environment, we must give equal attention to the quality
of our manmade environment.
We also have begun to realize that we have an opportunity and
a challenge to determine the shape and future course of our
development. The application of scientific knowledge and the
continuing alteration of our physical surroundings are not pre-
determined. They are ours to mold and to decide. This freedom
will be no easier to protect and exercise than our other freedoms.
But the decisions as to what kind of world we want to live in are
ours to make, providing that they are made with the knowledge
and awareness of the constraints which nature has set.
Much of the current concern over environmental problems
has sprung from a negative reaction to the degradation we have
inflicted upon our surroundings. Much of it has sprung from a
fear that we will destroy ourselves if environmental insults go
unchecked. These reactions and fears are legitimate—environ-
mental degradation degrades us, and the possibility of an
ecological "doomsday," although often exaggerated, does exist.
But it is important to consider the positive side of the struggle
for environmental quality. Our environment is literally what
surrounds us—what we see and feel and smell every minute of
every day. If life is to be worth living, the environment must
do more than sustain life. It must provide the esthetic satisfaction
and the sense of human dignity which give meaning and purpose
to existence.
Many governmental programs are devoted to providing the
necessities for sustaining life. Many are devoted to helping par-
ticular segments of the population. But the environmental prob-
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2922 LEGAL COMPILATION—GENERAL
lem is everybody's problem—we are all affected by bad air,
polluted water, or despoiled land. And the environmental oppor-
tunity—the possibility of protecting and shaping our surround-
ings so that they accord with our vision of the good life—is ours
to take if we have the will and persistence.
There are those who doubt that we will have the will and
persistence, and who believe that concern with the environment
is simply a passing fad. But the evidence is to the contrary. The
problems are real. All of us are paying the costs of a degraded
environment daily, through being surrounded by dirt and ugli-
ness. Our values and perceptions have come to demand better.
We have realized that our resources are limited, and that our
natural surroundings cannot tolerate the unlimited burdens
placed on them by an industrialized society. As leisure time and
educational levels have increased we have placed a higher value
on recreation, esthetics, and the things which make for a better
life.
The environmental ethic is becoming a permanent part of
our governmental institutions. It has found a permanent place
in our legal principles, and it is beginning to become an accepted
part of our economic calculations. The environmental issue is
still in the process of maturing, and like all vital and lasting
issues it will undergo many transformations in its definition and
in the way its problems are approached. But maturation should
not be mistaken for transience. The pursuit of environmental
quality has become a firm national commitment. Through funda-
mental changes in institutions, laws, and values we have em-
barked on a new course which will affect both national policy
and personal values.
H U.S. Government Printing Office—1974: 466-441
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U.S. Environment! Promotion Af.&ncjj
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230 Gou'!"r D<. cj.-i!:vn Street .-''
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